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  • Acts
  • 2004
  • Chapter 291 AN ACT MODERNIZING THE TRANSPORTATION SYSTEM OF THE COMMONWEALTH.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for an accelerated transportation development and improvement program for the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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

SECTION 1. To provide for a program of transportation development and improvements, the sums set forth in sections 2 to 2K, inclusive, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds and approval thereof.

SECTION 2.

EXECUTIVE OFFICE OF TRANSPORTATION

Department of Highways.

6033-0415 For projects on the interstate federal aid highway system; provided, that funds may be expended for the costs of such projects including, but not limited to, the nonparticipating portions of such projects and the costs of engineering and other services essential to such projects rendered by department of highways' employees or by consultants; provided further, that amounts expended for department employees may include the salary and salary-related expenses of such employees to the extent that they work on or in support of such projects; provided further, that, notwithstanding any general or special law to the contrary, including any other provision of this act, to the contrary, the department shall not enter into any obligations for projects which are eligible to receive federal funds pursuant to the authority granted under this act unless state matching funds exist which have been specifically authorized and are sufficient to fully fund the corresponding state portion of the federal commitment to fund such obligation; and provided further, that the department shall only enter into obligations for those projects pursuant to 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..........................................................................................$100,000,000

6033-0416 For federal aid projects and for nonparticipating portions of such projects; provided, that notwithstanding any general or special law to the contrary, including other provisions of this act, the department of highways shall not enter into any obligations for projects which are eligible to receive federal funds pursuant to 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, the department shall only enter into obligations for those projects pursuant to this act based upon the 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 notwithstanding any general or special law or administrative bulletin to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the operational services division within the executive office for administration and finance; provided further, that expenditures from this item may include the costs of engineering and other services essential to such projects rendered by department employees or by consultants; and provided further, that amounts expended for department employees may include salary and salary-related expenses of such a employees to the extent that they work on or in support of such projects ............................................... $325,000,000

SECTION 2A.

EXECUTIVE OFFICE OF TRANSPORTATION.

Department of Highways.

6033-0417 For the design, construction, and repair of or improvements to nonfederally-aided roadway projects and for the nonparticipating portion of federally aided projects; provided, that the costs of professional personnel directly and exclusively involved in the construction, planning, engineering and design of the projects funded herein may be charged to this item; provided further, that said costs shall not be classified as administrative costs; and provided further, that an amount not to exceed 2 per cent of the amount authorized herein may be expended for the administrative costs directly attributable to the programs funded herein; provided further, that the department of highways shall be instructed to erect new signage for exit 24C on I-495 north and south and said new signage shall read "Exit 24C Simarano Dr. via the Joseph A. Ferrechia Connector Road"; provided further, that the department shall construct a sound barrier in the Glen Avenue neighborhood in Fitchburg; provided further, that funds shall be expended for the design and reconstruction costs of Elm Street from Union Square to route 101 in Gardner; provided further, that funds shall be expended for the purpose of repaving the parking lot of the Gardner Area Association of Mental Health Association located at 208 Coleman Street in Gardner; provided further, that funds shall be expended for the installation of a blinking light at the intersection of route 140 and Matthews Street in Gardner; provided further, that funds shall be expended for the development of a master traffic study plan in the city of Leominster; provided further, that funds shall be expended for the reconstruction and repaving of route 12 from Union Street in Leominster to the Sterling line; provided further, that funds shall be expended to study the transportation needs of the north central Massachusetts region and for the production of a formal presentation of those needs; provided further, that the bicycle program within the executive office of transportation, in collaboration with the official sponsor of the event, state, regional and local agencies and cities and towns, shall so accept the established bicycle route of the Pan Mass Challenge, so-called, and shall so designate and mark the bicycle route by means of signs bearing the official logo of the event; provided further, that funds shall be expended for the design and reconstruction of the Main Street Bridge over the Powow River in the town of Amesbury; provided further, that $5,000,000 shall be expended for the relocation of the Amesbury department of public works barn in the town of Amesbury to the site formerly known as Microfab; provided further, that $800,000 shall be expended for the Riverwalk connection to downtown Main Street in the town of Amesbury; provided further, that not less than $1,700,000 shall be expended for the completion of the south pier project on central wharf in the city of Boston, including the construction of a pile-supported structure for water vessels in order to enhance intermodal public transportation in Boston Harbor; provided further, that the secretary shall grant funds for purposes of public works economic development of not less than $500,000 to enable the Cambridge Redevelopment Authority to conduct an urban design and planning study for the Volpe Center site in the city of Cambridge and that not less than $650,000 shall be expended for the same purposes for the Cambridge Redevelopment Authority to construct sidewalk upgrades and pedestrian access at Parcel 1 of the Kendall Square Urban Renewal area; provided further, that funds shall be expended for the acquisition of land for increased parking in Groveland Square; provided further, that funds shall be expended for the installation of jersey barriers or guard rails on route 110 at Northern Essex Community College (exit 52) in Haverhill, on route 110 at Amesbury Line Road on way to Whittier Vocational School in the city of Haverhill, and on Middle Road at interstate 495 crossing in the city of Haverhill; provided further, that not less than $1,200,000 shall be provided for the construction of an intermodal transportation center at Washington Square in the city of Haverhill; provided further, that $750,000 shall be expended for the Upper Main Street corridor signalization/synchronization project; provided further, that not less than $250,000 shall be expended to study the feasibility of constructing a commuter rail stop at 1600 Osgood Street in the town of North Andover on the Haverhill/Reading commuter rail line, and such study shall also include the feasibility of relocating the Bradford Station commuter rail layover facility to said location; provided further, that not more than $2,500,000 shall be expended for renovations and improvements to roadways and abutting properties including any former works program administration projects on route 97 and Lincoln Avenue in Haverhill; provided further, that funds shall be expended for the installation of handicapped accessible sidewalks on route 110 in the town square in the town of Merrimac; provided further, that $1,000,000 shall be expended for the purchase of new vans for elderly and disabled for use by the Merrimack Valley Regional Transit Authority; provided further, that the secretary shall grant funds for public works economic development for the necessary improvements to Danton Drive in Methuen; provided further, that $3,000,000 shall be expended on the reconstruction and widening of Howe Street Bridge in Methuen; provided further, that $5,000,000 shall be expended on improvements to route 113 and route 110 in the city of Methuen; provided further, that $26,000,000 shall be expended for the design, construction and engineering of traffic flow improvements at the routes 110 and 113 rotary at interstate 93; provided further, that $1,800,000 shall be expended for the construction of a ramp on route 213 to the transfer station in the city of Methuen; provided further, that not more than $2,600,000 be expended on Lorenzo Circle/Bloody Brook drainage improvements; provided further, that funds shall be expended to install jersey barriers at the junction of route 213 and interstate 495 in the city of Methuen; provided further, that not less than $5,000,000 shall be expended for the repair and replacement of the Parker River Bridge on route 1A in Newbury; provided further, that $5,000,000 shall be expended for the engineering, design and construction of a parking facility in downtown Newburyport; provided further, that funds shall be expended for the design and construction of Harborwalk, from the Coast Guard Station north to Cashman Park in Newburyport; provided further, that funds shall be expended for the installation of a traffic light for the intersection of route 114 and Hillside Road in North Andover; provided further, that funds shall be expended to replace sidewalks and install granite curbs on North End Boulevard in the town of Salisbury; provided further, that $2,400,000 shall be expended on the reconstruction of route 110, from interstate 495 to Merrill Street in Salisbury; provided further, that $3,600,000 shall be expended on the reconstruction of route 1 from Salisbury Square to the New Hampshire state line; provided further, that $525,000 shall be expended on the construction of the Salisbury rail trail; provided further, that funds shall be expended for the final repairs and reconstruction of Rocks Village Bridge between Haverhill and West Newbury; provided further, that not less than $1,100,000 shall be expended for the construction of sidewalks on route 113 in West Newbury to provide safe pedestrian access between the town center and the Page School and Pentucket High and Middle Schools; provided further, that not less than $6,000,000 shall be expended for the design, construction and engineering of a parking facility at Gateway Park in the city of Worcester; provided further, that funds shall be expended for the installation of a traffic signal at the intersection of route 125 and Salem Street in the town of Andover; provided further, that $3,000,000 shall be expended for the Massachusetts bay transit authority-Americans with Disabilities Act compliance elevator study, and for related design and installation, construction, reconstruction or improvement of elevators in order to meet or exceed the minimum requirements of applicable state and federal laws, regulations and guidelines; provided further, that not less than $70,000 shall be spent for the planning, design and construction of a bicycle path on the Saugus Branch Rail line from Main Street in Malden to the Tileston Street Bridge in Everett and on-road improvements connecting such path to Wellington Station; provided further, that funds shall be expended for the development of a renovation design plan for Lower Broadway of route 99 from Santilli Circle in Everett to Sullivan Square in Charlestown; provided further, that funds shall be expended for the construction of a pedestrian and bicycle crossing across the Mystic River in the vicinity of the Amelia Earhart Dam, located in Everett and Somerville; provided further, that $11,000,000 be expended for the construction of a parking garage near the Massachusetts bay transportation authority commuter rail station in the city of Beverly; provided further, that $15,000,000 shall be expended for the construction of an overpass over route 128 in the city of Beverly; provided further, that $1,000,000 shall be expended for sound barriers on Conant Street in the town of Danvers; provided further, that $100,000 shall be expended for sound barriers on Maple Street in the town of Danvers; provided further, that $500,000 shall be expended for repairs on route 114 in Peabody; provided further, that $24,000,000 shall be expended for the construction of a parking garage near the Massachusetts bay transportation authority commuter rail station in the city of Salem; provided further, that funds shall be expended for the reconstruction and rehabilitation of route 101 in the town of Ashburnham; provided further, that funds shall be expended to study traffic safety and engineering at the intersection of routes 122, 32, and 62 in the town of Barre; provided further, that funds shall be expended for transportation improvement at the intersection of route 122, 32, and 62 in the town of Barre; provided further, that funds shall be expended for the resurfacing and reconstruction of route 122 in the town of Barre; provided further, that funds shall be expended for the reconstruction of sidewalks and pedestrian walkways on route 9 in the town of Brookfield; provided further, that funds shall be expended for the historical reconstruction of the Gilbertville covered bridge; provided further, that $250,000 shall be expended for a grant to Community Transit Services, Incorporated, for their capital projects program; provided further, that $100,000 shall be expended for the emergency repairs and reconstruction for the covered bridge in Hardwick; provided further, that funds shall be expended for the resurfacing and related work on route 62 in the town of Hubbardston; provided further, that funds shall be expended for resurfacing and minor box widening on route 31 from Bemis Street to the Charlton town line in the town of Spencer; provided further, that funds shall be expended for the purpose of conducting a feasibility study for the construction of a municipal parking lot at the site of the former Massassoit Hotel in the town of Spencer; provided further, that funds shall be expended to study traffic safety at the intersection of routes 9 and 49 in the town of Spencer; provided further, that $100,000 shall be expended for the study and plan design for improvement of the traffic usage of route 9 in the town of Spencer; provided further, that funds shall be expended for resurfacing and related work to route 202 in the town of Templeton; provided further, that funds shall be expended for reconstruction of Hubbardston Road in the town of Templeton; provided further, that funds shall be expended for overlay, curbing and sidewalk reconstruction on South Street and Chestnut Street in the vicinity of the industrial complex in the town of Ware; provided further, that funds shall be expended for the Wendell Road project in Warwick; provided further, that funds shall be expended for the resurfacing and related work on route 9 in the town of West Brookfield; provided further, that a barrier or fence be constructed along route 135/Dedham Avenue under the Massachusetts bay transportation authority bridge near the intersection of Glen Terrace to provide for pedestrian safety; provided further, that funds shall be expended to design and build handicap access and platform improvements at the downtown Natick commuter rail station owned by the Massachusetts bay transportation authority; provided further, that funds shall be expended for design, reconstruction and improvements at the Middlesex Avenue parking garage to provide parking for the Massachusetts bay transportation authority commuter rail line in Natick; provided further, that funds shall be expended for the design and reconstruction of the route 27 bridge over route 9 in Natick; provided further, that funds shall be expended on repairs and improvements to the intersection of Chestnut Street and High Rock Street in the town of Needham; provided further, that funds shall be expended for the installation of traffic signals and to resurface the intersection of Charles River Street and Central Avenue in Needham; provided further, that $600,000 shall be expended on intersection improvements at East Washington Street and Chestnut Street in the town of North Attleborough; provided further, that $750,000 shall be expended for intersection improvements at North Washington Street and Park Street and Elmwood Street in the town of North Attleborough; provided further, that funds shall be expended on improvements to the intersection of route 1 and route 120 in the town of North Attleborough; provided further, that funds shall be expended for the construction of the Holliston Upper Charles Rail Trail; provided further, that funds shall be expended for the acquisition of property for the Holliston Upper Charles Rail Trail; provided further, that funds shall be expended on repaving, sidewalk construction and curbing route 27 from Natick Center to the Wayland town line; provided further, that funds shall be expended to widen Church Street and replace the Church Street bridge, and realign the intersection of Whitney and Church Streets, all in the town of Northborough; provided further, that funds shall be expended for the reconstruction of a portion of Mirick Road in the town of Princeton; provided further, that funds shall be provided to the city of Worcester to complete the intermodal projects associated with Union Station, to include bus ports, parking facilities, bicycle and pedestrian connections as well as access roadway relocation and reconstruction, engineering and construction relative to the historic Blackstone Canal and appurtenances and other transportation and economic development projects; provided further, that $17,500,000 shall be expended for the Blackstone Canal; provided further, that funds shall be expended for a traffic light near the Webster Square Fire Station in the city of Worcester; provided further, that funds shall be expended for a noise study along route 290 in the city of Worcester adjacent to Trinity, Colby and Laselle Avenues; provided further that funds shall be expended for the construction of sound barriers in the town of Chelmsford as follows: designated area number 21, Waterford Place in Chelmsford as defined by HMMH report number 298280; provided further, that funds shall be expended for the construction of sound barriers in the town of Bedford as follows: designated area 1, Ledgewood/Lido lane as defined by HMMH report number 298280; provided further, that $1,500,000 shall be expended on the widening of the route 53 bridge in Hanover; provided further, that $500,000 shall be expended for a traffic light at the exit 13 ramp of route 3 northbound where it intersects with route 53 in Hanover; provided further, that $150,000 shall be expended for the East Bridgewater segment of the Bay Circuit Trail, a linked trail system that extends from Newburyport to Duxbury; provided further, that $200,000 shall be expended for the development of a comprehensive transportation, design, open space and land use plan for the route 9 corridor in Brookline and adjacent neighborhoods; provided further, the Massachusetts turnpike authority is authorized and directed to study the cost-effectiveness of sound barriers at locations in the city of Newton studied for the authority's Barrier Priority Results; provided further, that the Massachusetts turnpike authority is authorized and directed to study the feasibility of utilizing sound-reducing surface material on interstate 90 in the city of Newton; provided further, that funds shall be expended on the repair of the Heywood Street Culvert, spanning Mill Brook, connecting Walden Street with Lexington Road in the town of Concord; provided further, that funds shall be expended on the repair of the Westford River Culvert, spanning the Spenser Brook, connecting West Street and route 225 in Carlisle with Westford Road and Lowell Road in the town of Concord; provided further, that $800,000 shall be expended for the construction of the Pine Street Bridge, spanning Assabet River in the town of Concord; provided further, that $1,000,000 shall be expended for the repair of Heath's Bridge, spanning the Sudbury River on Sudbury Road in the town of Concord; provided further, that funds shall be expended for the repair of South Bridge, spanning the Sudbury River on route 62 in the town of Concord; provided further, that funds $1,200,000 be expended on the repair of Flint's Bridge, spanning the Concord River on Monument Street in the town of Concord; provided further, that funds shall be expended for the repair of Nashawtuc Road Bridge, spanning the Sudbury River at Nashawtuc Road in the town of Concord; provided further, that $900,000 shall be expended for the design, engineering and construction of a pedestrian bridge across Gallivan Boulevard in the city of Boston; provided further, that $300,000 shall be expended for the design, engineering and construction of a sound barrier along interstate 93, on the northbound side, from Savin Hill Avenue to Andrew Square; provided further, that $2,500,000 shall be allocated for the Kenmore Square Surface Improvement Project; provided further, that the following amounts be allocated for the Sales Creek Emergency Flood Control Repairs: $500,000 for repair of the pair of culverts located under the east portion of Suffolk Downs Race Track, $1,100,000 for the repair of the culverts located under the west portion of Suffolk Downs Race Track, $600,000 for the repair of the pair of culverts located under the access road to Suffolk Downs Race Track, $600,000 for the dredging of the basin including testing and disposal of potentially contaminated sediment, $650,000 for the dredging of the creek in areas to be determined including testing and disposal of potentially contaminated sediment, and $150,000 for improvements to pump station automation, telemetry, and alarm system; provided further, that $200,000 shall be expended for the review and re-design of the Alewife Massachusetts bay transportation authority station pedestrian crossing connecting to the Minuteman Trail; provided further, that funds shall be expended for the repair of the Border Street Bridge in Cohasset; provided further, that a grant program shall be established to provide up to 3 months mitigation to businesses affected by the construction of the Greenbush commuter rail line in the Downtown Hingham Business District; provided further, that $1,000,000 shall be expended for improvements to roadway facilities in the Hingham Shipyard; provided further, that $1,000,000 shall be expended to repair and replace the West Corner Bridge and Culvert located at the intersection of Hingham, Hull and Cohasset; provided further, that the department shall publish a timetable for the route 3 south Add-A-Lane construction project from Pembroke to Weymouth not later than December 1, 2004; provided further, that $5,000,000 shall be expended for the planning, design and construction for improvement and beautification of the route 3A corridor in Weymouth, including, but not limited to road and sidewalk repair or replacement, planting of trees and landscape along roadway and the placement of utility lines below grade; provided further, that funds shall be expended for improvements to route 28 in Avon; provided further, that funds shall be expended for the reconstruction of Union Street from the route 3 rotary to Commercial Street in Braintree; provided further, that funds shall be expended to provide for the design, acquisition and construction of sound barriers and other improvements and mitigation measures in the towns of Canton, Easton and Stoughton; provided further, that $1,700,000 shall be expended for the Central Avenue Footprint Road Bikeway project in Milton; provided further, that funds shall be expended for improvements to Adams Street, including the intersections of Canton Avenue and Randolph Avenue, and Eliot Street in Milton; provided further, that funds shall be expended for repairs, renovations and improvements to the Capen Street, Valley Road, Central Avenue and Milton trolley stations along the Mattapan high-speed trolley lane in the town of Milton; provided further, that funds shall be expended for signalization and road reconstruction at the intersection of Unquity Road and Blue Hills Parkway in Milton; provided further, that funds shall be expended for the design, rehabilitation and reconstruction of route 138 in the towns of Milton, Canton, Stoughton and Easton; provided further, that funds shall be expended for the signalization and road reconstruction of Brook Road and Blue Hills Parkway in Milton; provided further, that $500,000 shall be expended for signalization at Sudbury Farm Plaza on route 28 on North Main Street in Randolph; provided further, that funds shall be expended for the design, rehabilitation and reconstruction at the intersection of route 28 in Randolph from Union Street to Chickatawbut Road in Milton; provided further, that funds shall be expended for signalization at the intersections of Norwood Street, High Plain Street and Edgehill Road in Sharon; provided further, that funds shall be expended for repairs, renovations and improvements to the Stoughton Rail Station; provided further, that funds shall expended for the installation of a three mile sewer line from the Brockton line down Manley Street during the road reconstruction/rehabilitation of that street in West Bridgewater; provided further, that funds shall be expended for major renovations to the stonewalls and water channels in the historic town park in West Bridgewater; provided further, that funds shall be expended for the Old Springfield Road Bridge project in Easthampton; provided further, that funds shall be expended for the replacement of the Lyman Street Second Level Canal Bridge in Holyoke; provided further, that funds shall be expended for the purchase of a railroad line in the town of Southampton for the purpose of connecting the Manhan Rail Trail with the Columbia Greenway Rail Trail; provided further, that funds shall be expended for the downtown enhancements including lighting, curbing, limited sidewalks, and associated improvements for routes 10 and 202 in Southwick; provided further, that funds shall be expended for the reconstruction of route 187 and construction of sidewalks in Westfield; provided further, that $3,000,000 shall be expended for the reconstruction of Cowles Bridge in Westfield; provided further, that $6,000,000 shall be expended for roadway reconstruction, sidewalk enhancements and curbing of Main Street/Broad Street in the town of Westfield; provided further, that $1,000,000 shall be expended to repair a bridge in Belchertown on River Street; provided further, that $500,000 shall be expended for the construction of sidewalks near Birchland Park Middle School on Hanward Hill and Meadowbrook Elementary School on Parker street in East Longmeadow; provided further, that $500,000 shall be expended for the construction of sidewalks near Green Meadows Elementary School on North Road and Thorton Burgess Middle School on Wilbraham Road in Hampden; provided further, that $890,000 shall be expended for trails and bikeways at Blunt Park in Springfield; provided further, that $1,500,000 shall be expended to construct an intersection to allow westbound traffic on Bicentennial Highway to turn southbound in order to travel eastbound on Allen Street in Springfield; provided further, that $1,000,000 shall be expended for the improvement of the ingress and egress for the Sabis Charter School in Springfield; provided further, that $500,000 shall be expended for the costs of design and improvement of the Main Street/Front Street/Myrtle Street intersection in the Indian Orchard section of the city of Springfield; provided further, that funds shall be expended for Marathon Park in Ashland; provided further, that funds shall be expended for the repair and reconstruction of the route 126 corridor in the town of Ashland; provided further, that $5,000,000 shall be expended for the construction of sound barriers along interstate 90 between route 128 and interstate 495, including Gina Circle in the town of Framingham; provided further, that funds shall be expended for the roadway and signalization improvements at the intersection of Edgell Road, Water Street and Edmunds Road in the town of Framingham; provided further, that funds shall be expended for the construction of the route 126 underpass at the railroad crossing and route 135 in Framingham; provided further, that funds shall be expended for the reconstruction of the railroad crossing on route 9 at Framingham Center; provided further, that funds shall be expended for the acquisition of property for a rail trail or trails in the town of Holliston; provided further, that funds shall be expended on the completion of improvements in the town of Southborough and Hopkinton to the Massachusetts bay transportation authority train station, located in Southborough, and the completion of all improvements and outstanding items to have been completed by the authority in Southborough and the construction of sidewalks from the station to the Hopkinton State Park in the town of Hopkinton; provided further, that $474,949 shall be expended for the continuation of LIFT bus service 5 and 6 in South Framingham, Ashland, Holliston, Hopkinton and Milford; provided further, that funds shall be expended on an emergency basis for repairs to sidewalks, the widening and reconstruction of route 126 in the town of Medway; provided further, that funds shall be expended for the design and construction of the route 27 bridge over route 9 in the town of Natick; provided further, that funds shall be expended on the necessary resurfacing, construction of sidewalks, and curbing of route 27 from Natick Center to the Wayland town line; provided further, that $14,150,000 shall be expended for the relocation of two 115kV electric power lines underground along the Lynnway in Lynn; provided further, that funds shall be expended for the design and reconstruction improvements to the Broad Street/Lewis Street intersection in the city of Lynn, including signalization upgrades and geometric improvements; provided further, that funds shall be expended for a study of the feasibility to create viable reverse flow lanes on Lynn Shore Drive from Nahant Circle to the Swampscott town line, incorporating the study of rush hour traffic flows from Atlantic Avenue on the Swampscott/Lynn line to the Nahant Circle and encompassing all roads and considering all traffic patterns between Lynn Shore Drive and Broad Street/North Shore Community College; provided further, that the department shall study possible improvements to the existing sequencing of traffic lights at Red Rock and Nahant Street during rush hour in Lynn; provided further, that funds shall be expended on the necessary infrastructure improvements associated with the creation of a landside terminal for a commuter water shuttle from the city of Lynn to the city of Boston; provided further, that funds shall be expended for the construction of a seawall along Ocean Avenue Causeway in Marblehead; provided further, that the department, in conjunction with the town of Saugus, Lynn Water and Sewer Commission, and the Massachusetts water resource authority, shall conduct a feasibility study and cost assessment for moving and replacing water mains under route 1 in the town of Saugus; provided further, that $360,000 shall be expended for the repaving of Paradise Road in Swampscott from the Lynn city line to Vinnin Square; provided further, that funds shall be expended for design, permitting and construction of a new flyover ramp at the route 5/route 57 rotary in Agawam; provided further, that funds shall be expended for the Agawam portion of the Connecticut Riverwalk; provided further, that $28,000,000 shall be expended for Phase II of the route 57 construction project in Agawam; provided further, that funds shall be expended for recreational trails, bikeway and walkway improvements for Forest Park; provided further, that funds shall be expended for bikeway, walkway, and parking improvements for Van Horn Park; provided further, that $500,000 shall be expended on the design, reconstruction and improvements to the intersection of route 6 at Sanford Road in the town of Westport; provided further, that the department shall expend funds to design and install full signal lighting at the intersection of interstate 95 and route 6; provided further, that funds shall be expended for the reconstruction of the Western Fall River expressway; provided further, that $800,000 shall be expended for the upgrade of traffic signals and reconstruction of the intersection of Church Street and Tarkiln Hill Road and for the widening of King's Highway at the connector to Tarkiln Hill Road in the city of New Bedford; provided further, that not less than $100,000 shall be expended for improvements to the Brooklawn Park Bike path in the city of New Bedford; provided further, that funds shall be authorized for final design and restoration/preservation of a portion of the historic Blackstone Canal on state property between Plummer's Landing in Northbridge and Stanley Woolen Mill in Uxbridge including the restoration of three canal gates, restoration/preservation of the tow path and canal, Goat Hill Lock and gates, and the canal lock and gates on state-owned land in Millville; provided further, that funds shall be authorized for the construction of a bridge over route 146A in Uxbridge to connect portions of the Southern New England Trunk Trail which runs between Willimantic, Connecticut and Franklin, Massachusetts; provided further, that $3,500,000, including matching federal funds, shall be authorized for the design and construction, including any necessary property and right-of-way acquisitions, for the completion of the Blackstone River Bikeway as a Class 1 bikeway following wherever possible the route of the Blackstone River from Worcester to the Rhode Island state line to be connected with the bikeway in Rhode Island; provided further, that $12,500,000 shall be authorized and expended for the final design, land acquisition and construction of the bikeway from Uxbridge through Northbridge; provided further, that $100,000 shall be expended for a pedestrian crosswalk and pedestrian signalization which shall be designed and installed between Wildwood Avenue and South Street in the town of Braintree; provided further, that funds shall be expended on the construction of a sound barrier for the purpose of abating noise from the Greenbush commuter rail line along Front Street in Braintree; provided further, that funds shall be expended for the reconstruction and repair of the interstate 93 and the route 128 arterial road Middle Street, between Union Street and Liberty Street in Braintree; provided further, that funds shall be expended for the design and construction of full signalization at the public safety complex at the intersection of King and South Franklin Streets in the town of Holbrook; provided further, that not less than $300,000 shall be expended to conduct a feasibility and engineering study for the design and construction of improvements to the Massachusetts bay transportation authority Wollaston station to ensure that the station is accessible, functional, and safe for use by persons with disabilities; provided further, that funds shall be expended for the design, construction and engineering of a public access boat ramp at the department of conservation and recreation's Squantum Point Park in Quincy and funds shall be expended for the design, construction and engineering of a public boat ramp at the department's property located at Houghs Neck/Hurley Property in Quincy; provided further, that funds shall be expended for the construction of noise mitigation devices, either sound barriers or home insulation, for abating noise along the Massachusetts bay transportation authority's Red Line and Old Colony Commuter Line along Newport Avenue between South Central Avenue and Adams Street in Quincy; provided further, that not less than $4,511,000 shall be expended for the purpose of roadway improvements to route 28 in the town of Barnstable; provided further, that not less than $650,000 shall be expended for an environmental and traffic impact study on the proposed exit 6B exit/entrance ramp between exits 6 and 7 of route 6 in the town of Barnstable; provided further, that not less than $700,000 shall be expended for the purposes of sidewalk and Street improvements on Main Street, Buzzards Bay, in the town of Bourne; provided further, that not less than $3,500,000 shall be expended for the design and construction of the extension of the Shining Sea Bike Path located in the town of Falmouth; provided further, that not less than $2,600,000 be expended for the upgrade of route 28 from the Sandwich Road intersection in Falmouth to the Mashpee town line; provided further, that not less than $650,000 shall be expended for the widening of the intersection of route 28 (Palmer Avenue) and the Ter Heun Drive in the town of Falmouth; provided further, that not less than $3,150,000 shall be expended for the purpose of roadway improvements to Main Street, Hyannis, in the town of Barnstable; provided further, that not less than $2,400,000 shall be expended to install sidewalks along route 3A in Kingston; provided further, that not less than $5,042,000 shall be expended to install sidewalks along route 14 in Pembroke; provided further, that the secretary shall grant funds associated with public works economic development of not less than $1,050,000 for Obery Street in the town of Plymouth; provided further, that not less than $1,087,000 shall be expended for the design, engineering, and construction costs associated with a public works economic development grant in the town of Plympton; provided further, that not less than $2,000,000 shall be expended to make safety improvements at the exit 2 interchange of state route 6 in the town of Sandwich; provided further, that not less than $350,000 shall be spent to reconstruct portions of Brodie Mountain Road in the towns of Lanesborough and Hancock; provided further, that funds shall be expended to provide a detailed analysis of current conditions and development of engineering designs and cost estimates for the upgrade to the utility and infrastructure elements along the route 102 corridor in Lee; provided further, that funds shall be expended to resurface a portion of West Street in the town of Mt. Washington leading to the Bash Bish Falls State Park; provided further, that funds shall be expended to reconstruct Bash Bish Falls Road in the town of Mt. Washington; provided further, that funds shall be expended for preliminary design for a multi-use pathway south extension of the Ashuwillticook Trail from Williams Street in Pittsfield through Lenox and into Lee center; provided further, that $600,000 shall be expended for the village green transportation enhancement project, including underground utilities in the town of Sheffield; provided further, that $80,000 shall be expended for detailed marketing analysis, site appraisal and conceptual design for redevelopment of the former truck plaza site located on route 102 adjacent to interstate 90 in the town of West Stockbridge; provided further, that funds shall be expended for the town of Barnstable Unified Transportation and Parking System, including signalization and widening of the intersection of Yarmouth Road and the proposed bypass road, bypass road construction and access road to the intermodal parking area, grade crossing controls, and property acquisition; provided further, that $250,000 be expended for the construction of crossing gates at Hyannis Road in Barnstable; provided further, that funds shall be expended for the reconstruction of Swan River Rd (southerly extension of route 134) in Dennis; provided further, that funds shall be expended for the Cape Cod Regional Transit Authority bus maintenance facility to meet local match requirements for federal funding; provided further, that $350,000 shall be expended for the acquisition of property, building demolition and construction of a new park as part of the Hyannis Downtown Improvement Project; provided further, that funds shall be expended for the planning and construction of a mini-intermodal center in Provincetown; provided further, that funds shall be expended for the resurfacing of Shore Rd - route 6A in North Truro; provided further, that funds shall be expended for the resurfacing of South Highland Road in Truro from route 6 to the junction of Highland Road; provided further, that funds shall be expended for the resurfacing of Truro Center Road from route 6 through Truro Center and back to route 6; provided further, that funds shall be expended for roadway surface improvement and sidewalk improvements and additions to Station Avenue in Yarmouth; provided further, that $10,000,000 shall be expended for the extension of the Middleboro rail line to Wareham; provided further, $1,000,000 shall be expended for the construction of sound barriers at designated area number 15, Waverely Avenue in Lowell, as defined by HMMH report number 298280 as prepared for said document; provided further, that the secretary shall grant funds associated with public works economic development of not less than $4,000,000 for traffic improvements, the reconstruction of the historic cobblestone infrastructure and additional reconstruction of the street, sidewalks, ramps and lighting in the downtown and Jackson/Appleton/Middlesex Street corridor in Lowell; provided further, that funds shall be expended for the installation of signal lights at the intersection of Great Road and Concord Road in Acton and to complete a sidewalk network and appurtenant traffic calming features between Concord Road and the Concord town line; provided further, that funds shall be expended for the design of the Bruce Freeman Trail in Acton; provided further, that $2,000,000 shall be expended as a 20 per cent match of federal dollars to build a three hundred space parking garage and make rail improvements at the Ayer Massachusetts bay transportation authority station; provided further, that funds shall be expended to design safety improvements and signals for the intersection of Littleton Road (route 2A) and Willow Street in the town of Littleton; provided further, that funds shall be expended to improve or install sidewalks from Littleton Common to Shake Lane along the eastbound side of route 2A in the town of Littleton; provided further, that the department shall replace any shade tree that dies over the next five years as a result of the widening of route 20 that are located west of Marlborough Center; provided further, that funds shall be expended for the construction of additional commuter parking on land owned by the Massachusetts bay transportation authority adjacent to the Westborough commuter rail station; provided further, that not less than $500,000 shall be expended to support a curb cut and construction of a queuing lane on the western side of route 20 heading eastbound in Marlborough near the Marlborough/Northborough line in close proximity to the Best Western Royal Plaza Hotel and that adequate signage be installed to inform eastbound motorists how to access businesses on the westbound side; provided further, that funds shall be expended to reconstruct State Street in Buckland; provided further, that route 47 in the towns of Hadley and South Hadley shall be designated as a scenic byway and be included in the state-designated Connecticut River Scenic Byway; provided further, that funds shall be expended to replace the Arthur A. Smith covered bridge in Colrain; provided further, that funds shall be expended to reconstruct the McClellan Farm Road bridge over the B&M railroad in Deerfield; provided further, that funds shall be expended to rehabilitate the Eunice Williams covered bridge in Greenfield; provided further, that $100,000 shall be expended to develop an intermodal transit facility plan in Greenfield; provided further, that funds shall be directed to the town of Montague Trustees of the Soldier's Memorial for costs associated with the removal, relocation, and improvements of the soldier's memorial in conjunction with the reconstruction of the Gill-Montague Bridge; provided further, that $300,000 shall be expended for the completion of the Nielson Road relocation project in the town of New Salem; provided further, that funds shall be expended for the reconstruction of Earle Street in Northampton; provided further, that funds shall be expended for three traffic signals at the intersections of route 66 and Maine Entrance, route 66 and Earle Street, and route 10 and Earle Street; provided further, that funds shall be expended on the reconstruction of the route 47 bridge in South Hadley; provided further, that $1,900,000 shall be expended for the construction of a sound barrier along interstate route 93 from the intersection of Brookside Parkway and Valley Street extending south to Medford Square in the city of Medford; provided further, that funds shall be expended for the design and construction of a new parking garage in Medford Square in the city of Medford; provided further, that funds shall be provided for the city of Medford to begin implementing the recommendations of the Medford Vision Task Force, including the reconfiguration of Clippership Drive, new traffic signalization, pedestrian crossings and traffic calming measures in Medford Square, and the construction of structural and on-street parking at Medford City Hall; provided further, that funds shall be expended for the construction of a sound barrier along interstate 93 at Rhode Island Avenue and Vermont Avenue in the city of Somerville; provided further, that funds shall be expended for the design and construction of a pedestrian underpass at the Mystic Wellington Bridge on route 28 in Somerville; provided further, that funds shall be expended for the city of Somerville to implement traffic calming measures by installing raised crosswalk speed bumps at designated sites directly in front of, or adjacent to, its public schools; provided further, that funds shall be expended for the study, design and construction of a bi-level parking garage in downtown Winchester adjacent to the town's commuter rail station; provided further, that $450,000 shall be expended for the completion of Phase II of the Mystic Valley Parkway Rehabilitation Project encompassing South Border Road and Roosevelt Circle in the town of Winchester and city of Medford; provided further, that $250,000 shall be expended for the study and design of a southbound ramp off of interstate 495 for the towns of Mansfield and Norton; provided further, that the department shall include the proposed intersection improvements of the route 1A/Main Street-Winter Street-Jean Road intersection in Walpole on the transportation improvement program project list covering fiscal years 2003-2007 and shall commence such improvements during fiscal year 2005; provided further, that funds shall be expended for improvements to exit and access ramps on route 128 between Beverly and Gloucester; provided further, that funds shall be expended for construction of a storm water drainage system along interstate 95 in the town of Boxford; provided further, that funds shall be expended for the installation of sidewalks from the Essex town line to the West Gloucester commuter rail station; provided further, that funds shall be expended for the transfer of land and the planning design and construction of a park-and-ride facility off of National Avenue in Georgetown; provided further, that funds shall be expended for the installation of a traffic advisory signalization between Grant Circle and Raynard Street on Washington Street in Gloucester; provided further, that $1,775,000 shall be expended for the reconstruction of Washington Street in the city of Gloucester; provided further, that funds shall be expended for the acquisition and construction of parking in the town center of Groveland, appurtenant to the Elm Park restoration project; provided further, that funds shall be expended for the planning, design and construction of possible traffic flow and safety improvements in the Market Square area in Ipswich; provided further, that $3,400,000 shall be expended for the planning, design and construction of a parking garage and improved access appurtenant to the commuter rail facility in Rockport; provided further, that funds shall be expended for the installation of sidewalks along the Main Street and Upper Main Street area along route 127 in Rockport; provided further, that funds shall be expended for traffic signalization at the intersection of route 97, Cherry Street and Maple Street in Wenham; provided further, that funds shall be expended for the construction of traffic improvements at the intersection of route 62 and Glenn Road in Wilmington; provided further, that $1,800,000 shall be expended for the replacement and modernization of traffic signals on route 60 from the intersection with route 28 in the city of Medford to the intersection with route 99 in the city of Malden, and for traffic signalization of Medford Street from Highland Avenue to Main Street in the city of Malden; provided further, that funds shall be expended for improvements to Wyoming Street in the city of Melrose from the Stoneham town line to Lebanon Street; provided further, that funds shall be expended for the construction of sound barriers on the northbound side of interstate route 93 in the town of Stoneham; provided further, that $355,000 shall be expended for improvements to Farm Street and Old Nahant Road in the town of Wakefield; provided further, that $2,000,000 be expended for the completion of the route 60/Pleasant Street project in the town of Belmont, of which not less than $500,000 shall be expended for the completion of a bicycle path from Belmont to Alewife and Davis Square in Somerville; provided further, that funds shall be expended for the Pleasant Street Redevelopment Project in Watertown; provided further, that funds shall be expended for the department of conservation and recreation Landing Improvements Project in Watertown Square; provided further, that funds shall be expended for the design and construction of a traffic signal at the intersection of Grove Street and Greenough Boulevard in Watertown; provided further, that $400,000 shall be expended for the Traffic Signal for Hawthorne Street Extension Project in Cambridge; provided further, that not less than $500,000 shall be expended to cover the ramp located at Parcel 12 along the proposed Rose Kennedy Greenway; provided further, that the secretary shall grant funds associated with public works economic development for the purposes of reconstruction of Shirley Avenue in the city of Revere; provided further, that not less than $30,000,000 shall be expended for the engineering, design, permitting, and construction of traffic improvements along route 1A in East Boston and Revere between Boardman Street and the Revere Beach Parkway and along route 16 between route 1 and route 1A, including, but not limited to, the costs of the engineering and construction of a bypass road at the intersection of Boardman Road and route 1A, the costs of engineering and construction of a bypass overpass at the intersection of so-called Tomasello Boulevard and route 1A, the costs of engineering and construction of a connection between route 1A and route 16, and the costs of signalization and ramp widening at the intersection of Revere Beach Parkway and route 1, including the costs of related traffic management and other services essential to such projects rendered by consultants; provided further, that $4,750,000 shall be expended for the reconstruction of Arlington Street from Broadway Road to Methuen Street in the town of Dracut; provided further, that funds shall be expended on the reconstruction and signalization of Lakeview Avenue from Phineas Street to Tennis Plaza Road in Dracut; provided further, that $500,000 shall be expended for the reconstruction, realignment, and improvements of route 113 at the Arlington/Montaup Street intersection in the town of Dracut; provided further, that funds shall be expended for the reconstruction of Nashua Road from Forest Avenue to Oak Terrace with signalization installed at the intersection of Lakeview Avenue and Nashua Road in Dracut; provided further, that funds shall be expended for upgrading route 113 and the study, design and construction of new access from route 113 to route 110 in Dracut; provided further, that funds shall be expended for the reconstruction and replacement of the Pleasant Street bridge spanning Beaver Brook in Dracut; provided further, that funds shall be expended to conduct road repairs and a road study to alleviate traffic flow on route 110, Hampshire Street, Lawrence Street, Prospect Street and Essex Street in the city of Lawrence; provided further, that funds shall be expended to research the right-of-way and for the design, engineering and construction of a new bridge from East Island over the canal onto Canal Street in Lawrence; provided further, that funds shall be expended to redesign and remodel the Union Street Bridge between Canal Street and Island Street; provided further, that funds shall be expended for the signalization of North Street and East Street, and left turn lanes in Tewksbury; provided further, that funds shall be expended for the signalization and geometric improvements at the intersection of Chandler Street and Whipple Road in Tewksbury; provided further, that funds shall be expended for the design and installation of sidewalks along East Street and Livingston Street in the vicinity of Tewksbury Hospital in Tewksbury; provided further, that funds shall be expended for the design and installation of signalization at the intersection of Main Street, Old Main Street, and Old Boston Road in Tewksbury; provided further, that $1,045,000 shall be expended for the reconstruction and improvements to the intersection of Centre and Walter Streets in Roslindale; provided further, that $1,000,000 shall be expended to fund the Central Artery Oversight Commission; provided further, that funds shall be expended for the repair of sidewalks located along the Veterans of Foreign Wars and West Roxbury Parkways and along Centre Street in the West Roxbury neighborhood in the city of Boston; provided further, that the department shall construct a sound barrier along Farm Lane in Westwood during the route 128 project; provided further, that funds shall be expended to provide equipment to the department of conservation and recreation for road maintenance; provided further, that an amount not to exceed $8,500,000 shall be expended for improvements to primary and secondary roadways located in the interstate highway route 91 corridor between interchanges 10 and 11 in the city of Springfield; provided further, that the department shall expend funds on the widening of Route 114 in the town of North Andover; provided further, that the department shall cause all exit signs displayed on route 1A northbound and southbound and on Interstate 90 northbound and southbound which carry the designation of Route 145 Bennington Street/ Chelsea to be modified to include the word Winthrop; provided further, that $6,600,000 shall be expended for the design, resurfacing, and reconstruction of Route 106 in West Bridgewater; provided further the department shall expend funds on resurfacing Route 225 in Carlisle; provided further, that $750,000 shall be expended for the construction of roads in Van Horn Park to access Van Horn Pond in Springfield; provided further, that the department shall expend funds on the development and implementation for traffic signal improvement plans on Route 129 at Gold Cove Road; provided further, that $4,000,000 shall be expended on the design and construction of Route 27 bridge over Route 9; provided further, that $500,000 shall be expended for roadway and signalization improvements at the intersections of Edgell Road, Water street, and Edmunds Road in the town of Framingham; provided further, that the department shall expend funds for the construction of temporary and permanent bridges spanning Lagoon Pond on Martha's Vineyard; provided further, that not more than $750,000 shall be expended for the renovation of the MBTA station at Porter Square; provided further, that $500,000 shall be expended for the implementation of historic lighting for the neighborhoods of Pine Point, East Springfield, and Indian Orchard in Springfield; provided further, that the department shall expend the necessary funds to maintain the existing level of Night Owl service; provided further the department shall expend funds on an engineering evaluation for the design and construction of a Route 126 underpass of the railroad crossing and Route 135; provided further, that $650,000 shall be expended for the widening of Route 28 at Ter Heun Drive; provided further, that $25,000,000 shall be expended for the construction of interchanges on Route 24 for access to the Fall River and the Freetown Industrial Parks; provided further, that $400,000 shall be expended for the reconstruction of the railroad crossing on Route 9 at Framingham Center; provided further, that $18,000,000 shall be expended for the reconstruction of Western Fall River Expressway; provided further, that $900,000 shall be expended for the completion of entrance and exit ramps for I-291 in East Springfield; provided further, that $675,000 shall be expended for the reconstruction and resurfacing of Route 125 in North Andover; provided further, that $2,700,000 shall be expended for the purpose of funding Winthrop Commuter Ferry Project; provided further, that $1,000,000 shall be expended on the construction of a sound barrier for the purpose of abating noise from the Greenbush Commuter rail line along Front street in Braintree; provided further, that the department shall expend funds on the design and construction of handicap access and platform improvements to the Downtown Natick Commuter Rail Station; Provided further, that $1,800,000 shall be expended for the repairs and improvements to North Main Street in the town of Winchester; provided further, that $120,000 be expended for pedestrian safety initiative on Everett Avenue, Cross Street and Pond Street in the town of Winchester; provided further, that not less than $600,000 shall be expended on the repair and reconstruction of Faunce Corner Road from Route 6 to Interstate 195; provided further, that $1,000,000 be expended for the construction and installation of sound barriers along the northbound side of interstate 93 from exit 33 to exit 35; provided further, that $200,000 shall be expended to make improvements including, but not limited to, the necessary removal of paint and repainting of the Greendale Bridge in Worcester; provided further, that the department shall expend funds on improvements and reconstruction of Route 18/ John F. Kennedy Highway; provided further, that the department shall expend funds on the resurfacing and reconstruction of the Interstate 495 access road Massachusetts Avenue from Interstate 495 to Osgood Street; provided further, that $100,000 shall be expended to replace the culvert on Westford road in the town of Concord; provided further, that $750,000 shall be expended on the installation of traffic signalization systems at the intersections of Route 66 and Main Street, Route 66 and Earle Street, and at Route 10 and Earle Street; provided further, that $500,000 shall be expended for repairs to the Craddock bridge spanning the Mystic river in the city of Medford; provided further, that $1,500,000 shall be expended for the improvement of the roadway to Mount Vernon Street in the town of Winchester; provided further, that $500,000 be expended for repair and maintenance of bridges on Canal Street and Sylvester in the town of Winchester; provided further, that $40,000 shall be expended for the removal, relocation and improvement of the soldier's memorial associated with the Gill-Montague bridge reconstruction project; Provided further, that $2,000,000 shall be expended on the Route 66 to Route 10 connector road in the town of Northampton; provided further, that $250,000 shall be expended for the repair and reconstruction of a portion of Dingle road and to repair a box culvert over the Bronson brook, all in the town of Worthington; provided further, that said department shall expend all funds necessary to erect a highway wall on Interstate 95 South from exit 10 and extending not less than one half a mile northwardly from said exit; provided further that $1,800,000 shall be expended to improve traffic signalization in the town of Northborough town center, and to install a signalized traffic control device at the intersection of route 20 and Hudson street, and to widen route 20 eastbound, all in the town of Northborough; provided further, that $650,000 shall be expended for the design, right-of-way acquisition and reconstruction costs of the East street/Chapin street intersection improvements project in the town of Ludlow; Provided further, that not less than $500,000 shall be expended for the re-design, repair, and reconstruction of the intersection of route 177 an route 6 on the Dartmouth and Westport town line; provided further, that $15,000 shall be expended for the installation of opticom equipment on state highway route 2 at the intersection Piper and Taylor roads in the town of Acton; provided further, that $800,000 shall be expended to widen Church street, and to replace the Church street bridge, and to realign the intersection of Whitney and Church streets, all in the town of Northborough; provided further, that the department shall expend funds on the improvement of the West Natick Commuter Rail Station; provided further, that the department shall expend funds on the synchronization of traffic signals on Upper Main Street in Haverhill; provided further, that the department shall expend funds on the improvements of Broad Street in Merrimac as an I-495 access road; provided further, that $3,500,000 shall be expended for the design and construction of the Shining Sea Bike Path in Falmouth; provided further, that $1,000,000 shall be expended on the improvement, widening, and necessary traffic signal installation on Route 97 in Haverhill; provided further, that $200,000 shall be expended on the study for the necessary installation of sound barriers on Route 290 adjacent to Melrose and Millbrook streets in the town of Worchester; provided further, that $750,000 shall be expended on the necessary resurfacing, construction of sidewalks, and curbing of Route 27 from Natick Center to Wayland town line; provided further, that $1,200,000 shall be expended for the reconstruction and repair of the I-93 and Route 128 arterial road Middle Street, between Union Street and Liberty Street in Braintree; provided further, that $250,000 shall be expended for the study and plan design for improvement of the traffic usage of Route 28 at Harrison Boulevard in Avon; provided further, that $200,000 shall be expended of traffic study impacts of the intersections of Pearl Street and Central Street; Island Street and Central Street; Canton Street and Central Street; Chemung Street and Central Street; School Street and Route 138; School Street and Canton Street in Stoughton; provided further, that $200,000 shall be expended for the Canton Junction Commuter Rail Station; provided further, that the department direct the Turnpike Authority to remove all billboard structures from areas in and adjacent to East Boston parks; provided further, that the department shall expend the $150,000 for the completion of the project ongoing for the intersection improvements at the intersection of Canton Avenue, Highland Avenue, and Thatcher Street in Milton as expressly permitted in Section 19 of Chapter 246 of the Acts of 2002; provided further that funds may be expended from this item to fund the state share of the interstate highway route 91 corridor telecommunications project, so-called; provided that $1,200,000 shall be expended for the reconstruction of that portion of route 143 located in the town of Chesterfield; provided further, that $100,000 shall be expended for emergency repairs to the Julian street bridge spanning the South river between the towns of Scituate and Marshfield; The department of highways shall include the proposed intersection improvements of the Route 1A/Main Street-Winter Street -Jean Road intersection in Walpole on the transportation improvement program project list covering fiscal years 2003-2007 and shall commence said improvements during fiscal year 2005; provided further, that $1,000,000 shall be expended for repairs to the Bullard Street bridge and culvert at Willet Pond; provided further, that $4,000,000 shall be expended for reconstruction of the northbound side of state route 1A at Kendall Street; provided further, that the Route 27 project from the Medfield Town Line to Washington Street in the town of Walpole shall be placed on the transportation improvement program project list covering fiscal years 2003-2007 and shall commence said improvements during fiscal year 2005; provided further, that the Main Street project from Front Street to the Norfolk Town Line in the town of Walpole shall be placed on the transportation improvement program project list covering fiscal year 2003-2007 and shall commence said improvements during fiscal year 2005; provided further, that Washington Street from High Plain Street to Water street in the town of Walpole shall be placed on the transportation improvement program project list covering fiscal year 2003-2007 and shall commence said improvements during fiscal year 2005; provided further, that the Main Street (Route 1A) from Route 27 to the Norwood Town Line in the town of Walpole shall be placed on transportation improvement program project list covering fiscal year 2003-2007 and shall commence said improvements during fiscal year 2005; provided further, that $2,500,000 shall be expended for improvements to that portion of state highway route 181 located in the town of Belchertown; provided further, that the department shall expend the $175,000 for the completion of the project ongoing for a study of signalization at Blue Hills Parkway, Canton Avenue, and Uniquity Road in the town of Milton as expressly permitted in Section 19 of Chapter 246 of the Acts of 2002; provided further, that $200,000 shall be expended for the design and installation of handicap and pedestrian ramp at Canton Junction Commuter Rail Station; provided further, that the department shall expend funds on the construction of a commuter rail parking garage near the Beverly Depot; provided further, that $600,000 shall be expended for the resurfacing and repair of Route 39 from the Brewster town line to Oak Street in Harwich; provided further, that $100,000 shall be expended on the necessary installation of traffic safety signals along Route 12 in Worcester; provided further, that $350,000 shall be expended for the resurfacing and repair of Route 137 from the Brewster town line to Queen Anne Road in Harwich; provided further, that department shall expend funds on the construction of an interchange on Route 128 between the exits of 18 and 19; provided further that the department shall expend funds on the improvement of interchange ramps on Route 128 between exits 20 and 22; provided further, that the department shall conduct an update to the study on the abatement of noise from I-90 in Newton, and implement such necessary mitigating strategy as the department determines necessary; provided further, that the department shall expend the $300,000 for the completion of the project ongoing for signalization at the intersection of Adams Street, Randolph Avenue, and Canton Avenue in the town of Milton as expressly permitted in Section 19 of Chapter 246 of the Acts of 2002; provided further, that $100,000 shall be expended for the improvement of Route 225 in Westford; provided further, that $65,000 shall be expended for the resurfacing and repair of Route 6A in North Truro from Highland Road to Provincetown town line; provided further, that $360,000 shall be expended on the resurfacing and repair of Route 1A in the town of Swampscott; provided further, that the department shall coordinate with the commissioner of the department of conservation and recreation to expend not more than $250,000 for the Cape Cod Rail Trail; provided further, that the department shall expend the $125,000 for the completion of the project ongoing for signalization on High Street at Canton Street and Reed Street in the town of Randolph as expressly permitted in Section 19 of Chapter 246 of the Acts of 2002; provided further, that the executive office of transportation and construction shall expend no less than $5,000,000 to establish and administer a Safe Routes to School program, so-called, to distribute grants to cities and towns for safety enhancement projects in and around school areas; provided further, that $3,500,000 shall be expended for improvements to route 68 in the town of Rutland; provided further, that the department shall expend the $292,000 for the completion of the project ongoing for signalization and reconstruction on Oak Street from North Street to McDevitt Road in the town of Randolph as expressly permitted in Section 19 of Chapter 246 of the Acts of 2002; provided further, that $450,000 shall be expended for reconstruction of the Bernhardt road bridge in the town of Ashby; provided further, that not less than $200,000 shall be expended for public safety improvements on Common Street at the entrance of Watertown High School in the city of Watertown; provided further, that an amount not to exceed $17,500,000 shall be expended for the design, engineering and construction of the Blackstone canal in the city of Worcester; provided further, that $450,000 shall be expended for the costs of design and improvement of the Main street/Front street/Myrtle street intersection in the Indian Orchard section of the city of Springfield; provided further, that no less than $1,800,000 shall be expended for the replacement and modernization of traffic signals on state highway route 60 from the intersection with state highway route 28 in the city of Medford to the intersection with state highway route 99 in the city of Malden, and for traffic signalization of Medford street from Highland avenue to Main street in the city of Malden; provided further, that no more than $50,000 shall be expended to clean and reconstruct catch basins situated on state highway route 16 from Nipmuc Drive to Hartford Avenue West in the town of Mendon; provided further, that no more than $500,000 shall be expended for the repair or reconstruction of the Mellon Street Bridge in Hopedale; provided further, that no more than $500,000 shall be expended for sound barriers in Milford, including 1,000 linear feet of sound barrier along interstate route 495 near Hillcrest Drive along the southbound right of way beginning about 0.6 mile south of the Hopkinton town line, 2,200 linear feet of sound barrier near Eben Street along the southbound right of way beginning about 1.4 miles south of the Hopkinton town line and 1,500 linear feet of sound barrier near Bodio, Attilio and Eugene Circles along the northbound right of way beginning about 1 mile north of the Bellingham town line; provided further, that the department shall expend the $785,000 for the completion of the project ongoing for signalization and reconstruction of a bridge and an intersection on North Main Street at Pond Street, Pond Street, West Street, Liberty Street and Grove Street in the town of Randolph as expressly permitted in Section 19 of Chapter 246 of the Acts of 2002; provided further, that $5,000,000 shall be expended on the reconstruction and improvement of the Worchester Vocational High School bus Route on Route 9, Lake Avenue, and Lincoln Street in the town of Worcester; provided further, that $100,000 shall be expended on the study of the feasibility to Create viable reverse flow lanes on Lynn Shore Drive from Nahant Circle to the Swampscott town line; provided further, that $250,000 shall be expended on the necessary study and design of an egress ramp from the southbound direction of interstate 495 in the town of Mansfield and Norton; provided further, that no more than $10,000,000 shall be expended for the improvement of and any bridge reconstruction to the acceleration and deceleration lanes on Route 128 in Danvers and Beverly; provided further, that the department shall expend funds to improve the signage, plantings, lighting and sidewalk reconstruction along Route 9 in Shrewsbury; provided further, that $60,000 shall be expended for the emergency response preemptor signalization at the intersection of North Main Street at Depot Street and at the intersection of Route 28 and Route 139 in Randolph; provided further, that $30,000 shall be expended on school zone warning signalization on Brook Road in Milton; provided further, that not less than $1,000,000 shall be expended to improve upon the pedestrian access at the West Roxbury Parkway Rotary; provided further, that $5,000,000 shall be expended for the construction of sound barriers along I-90 between Route 128 and Interstate 495; provided further, that $1,000,000 shall be expended for improvements to the intersection of Sprague street, Louise road, Hooper road, and Durham road in the town of Dedham; provided further, that $3,500,000 shall be expended for the reconstruction of the Route 20 bridge, so-called, near the Wayland-Sudbury line in the town of Wayland; provided further, that no more than $200,000 shall be expended for the construction of sidewalks in the town of Merrimac on Route 110 between the town center and the new town library; provided further, that no more than $183,000 shall be expended for reconstruction of sidewalks in Rowley on Route 1A from the Ipswich town line to Railroad Avenue; provided further, that no more than $2,500,000 shall be expended for design, acquisition and improvements associated with the Gateway I/Route 146 connector project in the city of Worcester; and provided further, that the department shall expend, at a minimum, $450,000,000 per year, through fiscal year 2012, pursuant to section 1.1.A. of the balanced statewide road and bridge program memorandum of understanding entered into in June 2000 by the executive office of transportation and construction, the department of highways and the metropolitan planning organizations; provided, that said $450,000,000 shall be adjusted annually pursuant to the construction cost index published by the Engineering News Record and shall be funded by the authorizations made available in this act and by previous authorizations for such federally aided and non-federally aided road and bridge projects as provided in chapter 33 of the acts of 1991, chapter 102 of the acts of 1994, chapter 273 of the acts of 1994, chapter 113 of the acts of 1996, chapter 205 of the acts of 1996, chapter 11 of the acts of 1997, chapter 235 of the acts of 2000 and chapter 40 of the acts of 2003 and any other appropriations made available for said projects; provided further, that said expenditures shall not include costs attributable to municipal reimbursements owed pursuant to the chapter 90 program, so-called, the public works economic development projects, the small town road assistance program projects, or the administrative, engineering, design, maintenance or operations of said department; provided further, that the department of highway shall submit quarterly reports detailing the overall spending pursuant to section 1.1.A. of said memorandum and shall include the specific projects being funded and the level of expenditure by project; and provided further, that said quarterly reports shall be filed with the house clerk, the senate clerk and the joint committee on transportation and said reports shall be posted on the web site of the department of highways; provided further, that no less than $150,000 shall be expended for an environmental and traffic impact study on the proposed Exit 6B exit/entrance ramp between Exits 6 and 7 of Route 6 in the town of Barnstable; provided further, that not less than $650,000 shall be expended for the restoration of Main and South Water streets located in the town of Nantucket; provided further, that not less than $1 million shall be expended for the design and construction of the Old South Road Bicycle Path and Connector located in the town of Nantucket; provided further, that $3,400,000 shall be expended for widening of Montvale Avenue in the city of Woburn; provided further, that $200,000 shall be expended to repaint and de-lead the bridge formerly known as ST 12 over the Providence & Worcester and Boston & Maine Railroad tracks; provided further, that $100,000 shall be expended for traffic signalization on Route 12 in the city of Worcester, in the vicinity of the Greendale Fire Station; provided further, that $200,000 shall be expended for a study regarding the installation of sound barriers along Route 290 in the city of Worcester, adjacent to Melrose Street and Millbrook Street; provided further, that not less than $325,000 shall be expended for the construction of safety improvements to the Winter Street/Route 53 intersection in the town of Duxbury, provided further, that not less than $400,000 shall be expended for the design and construction of safety improvements to the Route 3A/Tobey Garden Street Intersection in the town of Duxbury; provided further, that $3,600,000 shall be expended for reconstruction of the New Boston Street Bridge in the city of Woburn connecting with the town of Wilmington; provided further, that $249,000 shall be expended for the design and construction of traffic lights at the intersection of Salem Street and South Street in the town of Tewksbury; provided further, that $500,000 shall be expended for the repair and maintenance of South Main Street in the town of Stoneham; provided, further, that not less than $150,000 shall be expended for improvements in the form of signage, plantings and lighting along the Boston Turnpike Business Corridor located in Shrewsbury; provided further, that not less than $300,000 be expended for repairs to the Pleasant Street Bridge over the Charles River in South Natick; provided further, that an $3,200,000 be expended on the Cook Street/Alexander Road project in the town of Billerica; provided further, that $305,000 be expended for the resurfacing of Old County Road in Truro from Truro Center to the Wellfleet line; provided further, that $42,000 be expended for the resurfacing of South Highland Road in Truro from Route 6 to the junction of Highland Road; provided further, that $29,000 be expended for the resurfacing of Truro Center Road from Route 6 through Truro Center and back to Route 6; provided further, that said department shall expend all funds necessary to resurface and reconstruct Old Bridge Street in Salem; provided further, that $500,000 shall be expended for the synchronization of lights on Route 107 at Highland Avenue in the city of Salem; provided further, that not less than $4,000,000 shall be expended for the study, design, engineering and construction of Canal Street in the city of Salem; provided further, that not less than $500,000 shall be expended to assure the Ferry Service from Salem to Boston shall continue to operate; provided further, that not less than $1,500,000 shall be expended for the study of traffic and implementation of intersection improvements on Derby Street in the city of Salem; provided further, that said department shall expend all funds necessary to make renovations and upgrades to Boston Street in the city of Salem; provided further, that not less than $1,000,000 shall be expended for engineering, design and construction of Appleton Street at North and Orne Street; provided further, that the department shall expend all funds necessary to design, construct and complete North Street Overpass in the city of Salem; provided further, that $500,000 shall be expended for the reconstruction, realignment and improvements of Route 113, at the Arlington Street/Montaup Street intersection in the town of Dracut; provided further, that not less than $500,000 shall be expended for the improvement of pedestrian safety along Route 9 in Brookline, specifically the area between Hammond Street and Hammond Pond Parkway; provided further, that $200,000 shall be expended to install a full traffic signal at the intersection of South Main St. and Narrows Road in the village of Assonet located in the town of Freetown; provided further, that $2,210,000 shall be expended for the resurfacing and repair of Essex Street in the town of Swampscott from the Lynn line to the Salem line; provided further, that not less than $90,625 shall be expended for the Agawam portion of the Connecticut River Walk and Bike way; provided further, that funds shall be expended for Phase II of the Route 57 construction project in the city known as the town of Agawam; provided further, that $1,000,000 shall be expended for the design, engineering and construction of an access road to Pemberton State Park on West Island, in Lawrence, connecting Broadway and the Casey Bridge; provided further, that sixty thousand dollars shall be expended for a feasibility study for the engineering, design and construction of an access road on the Clark Street, Charles Street, Sutton Street connector in North Andover; provided further, that not less than one million six hundred thousand dollars shall be expended for the reconstruction of Sutton Street in the town of North Andover; provided further, that up to $100,000 must be expended by MassHighway to complete the collaborative effort among EOEA, DCR, MassHighway and the Massachusetts Historic Commission to complete and publish the final document "Historic Parkways Preservation Treatment Guidelines"; provided further, that no less than $500,000 be expended for a final environmental impact study and full design of a new bridge to replace the existing Dighton-Berkley Bridge; provided further, that no more than $954,000 shall be expended for the replacement of the Rockland Street Bridge in the town of Wellesley; provided further, that $1,000,000 shall be expended for the design and reconstruction of state highway route 32 from Stimson street in Palmer to the Ware town line; provided further, that not more than $250,000 shall be expended on the installation of traffic signalization and roadway improvements at the intersection of Rockdale Avenue and Bolton Street in the city of New Bedford; provided further, that the Department shall be obligated to spend up to $100,000 to construct traffic signals and roadway improvements at the intersection of Court Street and Rockdale Avenue in the city of New Bedford; provided further, that no less than $500,000 shall be expended to improve and renovate the harbor walk on central wharf in the city of Boston; provided further, that not less than $500,000 be expended to cover the ramp located at Parcel 12 along the proposed Rose Kennedy Greenway; provided further, that the department shall expend funds for the widening of Route 123 East/Belmont Street in the city of Brockton; provided further, that not less than $100,000 shall be expended for the design and construction of full signalization at the public safety complex at the intersection of King and South Franklin Streets in the town of Holbrook; provided further, that not less than $1,500,000 be expended for the design and construction of a storm water drainage system along interstate 95 in the town of Boxford; provided further, that not less than $3,000,000 be expended for the rehabilitation and reconstruction of the Northern Avenue Bridge in the city of Boston; provided further, that not less than $2,400,000 shall be expended for the reconstruction and enhancement of that portion of the state road known as "Somerville Avenue" in the city of Somerville; provided further, that $900,000 shall be expended for construction of sidewalks in the city of Peabody, along Route 114, to provide safe access for school children; provided further that $500,000 be expended for road repair of Route 114 in the city of Peabody, from Andover Street to Margin Street; provided further, that no less than $100,000 shall be expended for Marathon Park in Ashland; provided further, that no less than $600,000 shall be expended for the repair and reconstruction for the 126 corridor in the town of Ashland; provided further, that an amount not to exceed $1,500,000 shall be expended on an emergency basis for repairs, sidewalks, widening and reconstruction of Route 126 in the town of Medway; provided further, that not less than $99,000 shall be expended to the city of Waltham and the town of Lincoln for the purpose of resurfacing and other improvements to Old County road from Winter street in Lincoln to Lincoln Woods rd in Waltham; provided further, that no less than $300,000 be expended for the repair of the Border Street Bridge in Cohasset; provided further, that no less than $250,000 be expended to fund a grant program to provide up to three months mitigation to businesses affected by the construction of Greenbush Commuter Rail Line in the Downtown Hingham Business District; provided further, that no less than $1,000,000 be expended to repair and replace the West Corner Bridge and Culvert located at the intersection of Hingham, Hull and Cohasset; provided further, that $500,000 be expended for a traffic light at the exit 13 ramp of Route 3 northbound where it intersects with Route 53 in Hanover; provided further, that $1,500,000 be expended on the widening of the Route 53 bridge in Hanover; provided further, that not less than $100,000 shall be expended for reconstruction of sidewalks, along Route 9 in the town of Brookfield; provided further, that not less than $65,000 shall be expended for acquisition of land and construction of sidewalks on West Brookfield Road in the town of New Braintree; provided further, that $375,000 shall be expended to reconfigure the intersection of Warren Street, School Street and Dedham Avenue in the town of Needham; provided further, that $300,000 shall be expended to install traffic signals and to resurface the intersection of Charles River Street and Central Avenue in Needham; provided further, that $450,000 be allotted for rehabilitation and repair of Main Street/Routes 70 and 110 in the town of Clinton; provided further, the the Massachusetts Highway Department shall allocate the necessary funding to conduct a feasibility study regarding the addition of an exit ramp along Route 190 in the Flanagan Hill Road area of the town of Sterling; provided further, that no less than $2,600,000 be expended for the upgrade of Route 28 from the Sandwich Road intersection in Falmouth to the Mashpee Town Line; provided further, that the department shall expend funds to erect a barrier or fence along Route 135/Dedham Avenue under the MBTA bridge near the intersection of Glenn Terrace to provide for pedestrian safety; provided further, that funds be expended for the installation of a traffic signal at the intersection of Rt. 125 and Salem St. in the town of Andover; provided further, that no less than $1,800,000 be expended to conduct road repairs and a road study to alleviate traffic flow on Rt. 110 (East Haverhill Street), Hampshire Street, Lawrence Street, Prospect Street and Essex Street in the city of Lawrence; provided further, that $900,000 shall be expended to widen Pelham Street and construct a travel lane leading on Interstate 93 in Methuen; provided further, that $3,000,000 shall be expended on the reconstruction and widening of Howe Street bridge in Methuen; provided further, that $5,000,000 shall be expended on improvements to Route 113 to Route 110 in the city of Methuen; provided further, that not less than $3,000,000 be expended for the reconstruction and resurfacing of Essex Street in the city of Lynn; provided further, that $300,000 shall be expended on the improvement to department signage in and around the city of Salem; provided further, that $650,000 be used for total reconstruction on Main Street from route 6 to Center Street; provided further, that not less than $1,087,000 shall be expended for the design, engineering, and construction costs associated with public works economic development in the town of Plympton; and provided further, that not less than $18,000 shall be expended for improvement, upgrading and repair of the traffic signals at the intersection of state route 16 and Hopedale street in Hopedale; provided further, that an additional $2,000,000 be expended on the Concord Road Phase II project in the town of Billerica; provided further, that up to $200,000 shall be expended for additional sidewalks from Vaughn Street to Commercial Drive in the town of Lakeville as part of the resurfacing project of Route 105; provided further, that $250,000 shall be expended to restore and replace the ironwork railings on the pathway on Echo Bridge in Newton and Needham, a structure listed on the National Register of Historic Places and part of the Sudbury Aqueduct transporting water from the Sudbury Reservoir to the Chestnut Hill Reservoir and currently used as a pedestrian pathway from Needham to Newton crossing Hemlock Gorge where the deteriorated rails represents a threat to the public safety as well as a threatened loss to our parks and historic properties; provided further, that not more than $150,000 be expended by the Massachusetts Highway Department for a traffic noise survey to be conducted in the area of Interstate 495 between exits 26 and 28; provided further, that monies shall be expended to conduct a study to determine the cost-effectiveness of camera surveillance at problem signalized intersections throughout the commonwealth for the potential of issuing traffic citations for red light violations; provided further, that not more than $10,000 be allotted to conduct a noise study along Route 290 in the town of Northborough; provided further, that said department shall expend funds to construct a parking structure near I-290 at the Union Station in Worcester; provided further, that $1,250,000 shall be expended for the funding of the acquisition of property for a so-called rail trail or trains in the town of Holliston; provided further, that said department shall expend such funds necessary to make the safety and structural improvements necessary at the Route 146 intersection of Quinsigamond Village Gateway in Worcester; provided further, that funds may be expended for the Worcester Department of Public Works and Transportation relocation; provided further, that the not less than $200,000 shall be expended for the Webster Square Fire Station Traffic Signal in the city of Worcester; provided further not less than $400,000 shall be expended for the Worcester Airport Industrial Park Expansion Road; and provided further not less than $4 million shall be expended for Goddard Memorial Drive reconstruction in the city of Worcester; provided further, that an amount not to exceed $2,300,000 for the design, construction and necessary land taking for the Mattapoisett portion of the bike path on the existing Old Colony Railroad right of way; provided further, that not less than $500,000 shall be expended for the redesign of the New Bedford Regional Airport access road; provided further, that not less than $1,000,000 shall be expended for the extension of the Joseph Saulnier bike path in the city of New Bedford; provided further, that not less than $1,000,000 shall be expended for the re-design of South Main Street in the town of Acushnet; provided further, that the department shall expend funds on improvements and reconstruction of state highway route 18/John F. Kennedy Highway; provided further, that not more than $125,000 be spent for preliminary design for a multi-use pathway south extension of the Ashuwillticook Trail from Williams Street in Pittsfield through Lenox and into Lee center; provided further, that not more than $165,000 be spent to resurface a portion of West Street in the town of Mt. Washington leading to the Bash Bish Falls State Park; provided further, that not more than $1,250,000 be spent to reconstruct Bash Bish Falls Road in the town of Mt. Washington; provided further, that not more than $1,000,000 be spent to resurface route 20 at Main, West Center and West Park Streets in the town of Lee; provided further, that not more than $100,000 be spent to provide a detailed analysis of current conditions and development of engineering designs and cost estimates for upgrade to the utility and infrastructure elements along the route 102 corridor in Lee; provided further, that the amount of $600,000 shall be used to fund the completion of improvements in the towns of Southborough and Hopkinton relating to the so-called MBTA train station located in the towns of Southborough, including but not limited to the completion of all improvements and other outstanding items to have been completed by the MBTA in the town of Southborough and the construction of sidewalks from said station to the Hopkinton State Park in the town of Hopkinton; provided further, that $20,000 shall be expended for the department of conservation and recreation to conduct a study of the feasibility on developing a multi use pathway to connect the Alewife intermodal transportation terminal in the city of Cambridge to the existing department paths along the Charles River in Watertown; provided further, that Mass Highway shall design and install full signal lighting at the intersection of interstate 195 and Route 6 and that no less than $350,000 shall be expended on said project; provided further, that the Massachusetts highway department shall expend no more than $150,000 for a traffic noise survey to be conducted in the area between exits 26 and 28 on interstate route 495; provided further that $7,000,000 shall be expended for the design, construction and engineering for a parking garage in downtown Haverhill; provided further, that the secretary shall grant funds for the purposes for the completion of the project ongoing in Stoughton at the intersections of Route 138, Route 139 and Route 27; and provided further, that not less than $1,550,000 shall be expended to reconstruct Baldwinville Road from its intersection with Route 202 to its intersection with Routes 101/2A in the town of Templeton; provided further, that the department of highways shall allocate the necessary funding to complete and environmental impact review for the reconfiguration of Rutherford avenue and Sullivan Square in the Charlestown section of the city of Boston........................................................................................$582,087,574

6033-0418 For the development of a parking garage in the downtown area of the city of Pittsfield; provided, however, that notwithstanding any general or special law to the contrary, no funds shall be expended from this item for the development of a parking garage in the city of Pittsfield until the community development board of said city certifies to the executive office of transportation that 150 additional hotel rooms shall be made available in the downtown area of the city of
Pittsfield............................................................................................................................................$7,000,000

SECTION 2B.

EXECUTIVE OFFICE OF TRANSPORTATION

Department of Highways.

6033-0428 For the purpose of implementing section 32 of chapter 637 of the acts of 1983, which authorizes the commissioner of highways to establish a program to assist towns with populations of 3,500 or less undertaking projects to design, construct, reconstruct, widen, resurface, rehabilitate and otherwise improve roads and bridges and pursuant to section 38; provided, that the commissioner shall establish rules and regulations which shall govern the application and distribution of grant funds under this item; provided further, that the required repayment amount shall not be less than 30 per cent of the amount of any such grant and the time period allowed for such repayment shall not exceed 10 years; provided further, that upon approval, the commissioner shall notify the town as to the total amount of state aid for such project and the provisions for repayment; and provided further, that towns shall be eligible to receive 1 grant every 5 years and the amount of such grant shall not exceed $500,000.................................................................................................$3,600,000

6033-0498 For the construction and reconstruction of town and county ways as described in paragraph (a) of clause (2) of section 34 of the first paragraph of chapter 90 of the General Laws; provided that a city or town shall comply with the procedures established by the department of highways; provided further, that any such city or town may appropriate for such projects amounts not in excess of the amount provided to the city or town under this item preliminary notice of which shall be provided by the department to such city or town no later than April 1 of each year; provided further, that said appropriation shall be considered as an available fund upon approval of the commissioner of revenue pursuant to section 23 of chapter 59 of the General Laws; provided further, that the commonwealth shall reimburse any such city or town under this item within 30 days of receipt by the department of a request for reimbursement from the city or town, which request shall include certification by the city or town that actual expenses have been incurred on projects eligible for reimbursement under this item, and that the work has been completed to the satisfaction of such city or town according to the specifications of the project and in compliance with applicable laws and procedures established by the department; and provided further, that the funds shall be used to support a $150,000,000 annual apportionment program ............................................. $450,000,000

6033-0499 For the design and construction of roads, roadways and other transportation related projects deemed necessary for economic development by the secretary of transportation upon the petition of the local executive government body and pursuant to section 38, provided, that funds authorized in this item shall be expended in accordance with chapter 19 of the acts of 1983; provided further, that all projects funded through this item, subsection (f) of section 3 of chapter 15 of the acts of 1988, item 6033-9501 of section 2A of chapter of the acts of 1994, item 6033-9603 of section 2B of chapter 205 of the acts of 1996, item 6033-9703 of section 2B of chapter 11 of the acts of 1997, item 6033-9903 of section 2B of chapter 235 of the acts of 2000, and item 6033-9013 of chapter 246 of the acts of 2002 shall be in accordance with 701 CMR 5.00 to CMR 5.10, inclusive; provided further, that the secretary of transportation shall notify cities and towns of the availability of funds through this program and shall inform municipalities of the application process prior to the expenditure of any funds from this item .............................................................................................................. $25,000,000

SECTION 2C.

EXECUTIVE OFFICE OF TRANSPORTATION

Department of Highways.

6003-0462 For the purchase, long-term leasing and rehabilitation of necessary durable equipment, including highway maintenance fleet equipment, in addition to parts for such durable equipment.............................................$7,500,000

6033-0464 For the purchase and implementation of networking and intelligent transportation systems for the department ..............................................................................................$3,000,000

SECTION 2D.

EXECUTIVE OFFICE OF TRANSPORTATION.

Department of Highways.

6033-0473 For the purchase of cameras, barriers, fencing and other safety-related equipment to facilitate the safety and security of the department's critical infrastructure assets ....................................................... $3,000,000

SECTION 2E.

EXECUTIVE OFFICE OF TRANSPORTATION

Office of the Secretary.

6001-0405 For the purposes of chapter 161B of the General Laws, including the purchase, long-term lease and rehabilitation of rolling stock, implementation of networking and intelligent transportation systems to provide for interoperability communications, and the construction, reconstruction and rehabilitation of regional transit authority facilities and related appurtenances; provided further, that not less than $900,000 shall be made available to the Cape Ann Regional Transit Authority for reimbursement for expenses associated with the purchase, construction and rehabilitation of the Cape Ann maintenance facility; provided further that not less than $1,500,000 shall be expended to contract with the Massachusetts Alliance for Small Contractors to provide technical assistance to minority-owned and women-owned small businesses as well as other small business concerns in participating in public construction projects.....................$25,000,000

SECTION 2F.

EXECUTIVE OFFICE OF TRANSPORTATION.

Office of the Secretary.

6001-0445 For the purpose of implementing the mobility assistance program, pursuant to section 13 of chapter 637 of the acts of 1983; provided, that any grant funds awarded under this item shall be for not more than 80 per cent of the total purchase cost of the vehicles or equipment purchased under the program; and provided further, that the secretary of transportation may waive the foregoing limitation on a determination that a recipient is in critical financial need.................................................................................................................$8,000,000

SECTION 2G.

EXECUTIVE OFFICE OF TRANSPORTATION

Office of the Secretary.

6001-0456 For the purpose of planning, engineering, design and construction of transportation infrastructure investments to be called regional intermodal transportation centers, strategically located to maximize passenger connections between road, air, water, rail and other transportation modes; provided, that in carrying out this item, the secretary of transportation may set service standards to aid in identifying population hubs where intermodal centers would optimally affect passenger movement throughout the commonwealth............................................................................................. $27,400,000

SECTION 2H.

EXECUTIVE OFFICE OF TRANSPORTATION.

Office of the Secretary.

6001-0420 For the purpose of implementing rail improvements pursuant to chapter 161C of the General Laws and for the purposes provided herein; provided, that not less than $9,000,000 shall be expended for costs associated with environmental permitting for the restoration of the New Bedford-Fall River commuter rail line......................$59,000,000

SECTION 2I.

EXECUTIVE OFFICE OF TRANSPORTATION

6001-0421 For a program to provide financial assistance to promote transit-oriented development; provided, that the assistance may be in the form of grants or loans and maybe e used to design, construct, reconstruct or enhance parking facilities and related pedestrian and bicycle access serving mixed use developments adjacent to existing or planned transit stations, to build or rehabilitate housing, at least 25 per cent of which shall be affordable to households earning no more than 80 per cent of the area median income; provided, however that all projects funded under this item shall be located within .25 miles of a commuter rail station, subway station, ferry terminal or bus station; provided further, that the executive office of transportation is authorized to enter into agreements, request proposals and applications, and issue regulations and guidelines as necessary to carry out the purposes of this item; provided further, that the secretary of transportation shall make reasonable efforts to coordinate with and utilize existing programs and resources including but not limited to, the executive office for administration and finance off-streets parking program, the Massachusetts Bay Transportation Authority Parking Enterprise Fund, Massachusetts Bay Transportation Authority station air rights development agreements, other Massachusetts Bay Transportation Authority investments in station access or commuter parking enhancements, similar types of parking investments by any other regional transit authority, or existing programs of the department of housing and community development, the executive office of environment affairs, the Massachusetts Housing Finance Agency or the Massachusetts Development Authority; provided further, that to be eligible to receive assistance under this item, a project shall also receive financial or technical assistance from 1 or more of the following: the department of housing and community development, the executive office of environment affairs, the Massachusetts Bay Transportation Authority, the Massachusetts Housing Finance Agency or the Massachusetts Development Authority; provided further, the annually, on or before December 31, the executive office of transportation shall issue a written report to the clerks of the house of representatives and the senate, which shall include detailed descriptions of any agreements, loans or grants and a list indicating the allocation of all committed and expended funds under this item..................................................$30,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY

Department of State Police.

8100-0400 For the acquisition of 1 replacement light twin turbine powered fixed-wing aircraft for joint use by the state police and the Massachusetts aeronautics commission; provided, that such acquisition shall replace current aircraft assets of the state police and the commission ........................................................................................$6,000,000

8100-0461 For the acquisition of 2 replacement helicopters; provided that not less than $400,000 shall be expended for the purchase and installation of electronic vulnerable target inventory management and integrated hazardous materials tracking, alert notification and response deployment systems....................................................................$9,800,000

SECTION 2J.

EXECUTIVE OFFICE OF TRANSPORTATION

Office of the Secretary.

6001-2040 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction and other improvements to the Fairmount commuter rail line; provided, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to the authority for the costs associated with such design, acquisition, renovation, construction, reconstruction and other improvements to such projects............................................................................................................$43,500,000

6001-2041 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction, other improvements for the extension of the blue line station from its present terminus at Wonderland station, so-called, to the city of Lynn; provided, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to said authority for the costs associated with said extension project including design, acquisition, renovation, construction, reconstruction and other improvements to said projects; provided, however, that the commonwealth may expend up to 100 per cent of the costs associated with the commonwealth's share of the project only if necessary to obtain federal funding for the project..................................................$246,500,000

6001-2042 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction, and other improvements for the extension of commuter rail service to the cities of New Bedford and Fall River; provided, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to the authority for the costs associated with such extension, design, acquisition, renovation, construction, reconstruction and other improvements to such projects................................................$425,000,000

6001-2043 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction, and other improvements for the improvement and extension of commuter rail service on the Haverhill rail commuter line, provided, that such improvements shall include, but not be limited to, the installation of double-track and signaling upgrades; provided further, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to the authority for the costs associated with such extension, design, acquisition, renovation, construction, reconstruction and other improvements to such projects........................$43,750,000

6001-2044 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction, and other improvements for the improvement and extension of commuter rail service on the Worcester rail commuter line, provided, that such improvements shall include, but not be limited to, the purchase of additional rolling stock and track and signal improvements; provided further, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to the authority for the costs associated with such extension, design, acquisition, renovation, construction, reconstruction and other improvements to said projects..................................................................................$21,500,000

6001-2045 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction, and other improvements for the improvement and extension of commuter rail service on the Fitchburg rail commuter line, provided, that such improvements shall include, but not be limited to, the installation of double-track and signaling upgrades; provided further, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to the authority for the costs associated with such extension, design, acquisition, renovation, construction, reconstruction and other improvements to such projects........................... $9,500,000

6001-2046 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction and other improvements to the Ashmont red line station; provided, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to said authority for the costs associated with said design, acquisition, renovation, construction, reconstruction and other improvements to said projects.................................................................................................$25,000,000

6001-2047 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction and other improvements to the Mattapan station; provided, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to said authority for the costs associated with said design, acquisition, renovation, construction, reconstruction and other improvements to said projects........................................................................................$4,000,000

6001-2048 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the design, acquisition, renovation, construction, reconstruction and other improvements to the Uphams Corner and Morton Street stations; provided, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to said authority for the costs associated with said design, acquisition, renovation, construction, reconstruction and other improvements to said projects...............................................................................$7,000,000

6001-2049 For matching funds to the Massachusetts Bay Transportation Authority for costs associated with the extension, design, acquisition, renovation, construction, reconstruction and other improvements to the commuter rail station in Salem at the intersection of Bridge and North streets; provided, that such improvements shall include, but not be limited to, the construction of a station house for customers and a parking garage; provided further, that the amounts authorized herein shall be used as a 50 per cent match from the commonwealth to the authority for the costs associated with said design, acquisition, renovation, construction, reconstruction and other improvements to such projects........................$24,000,000

SECTION 2K.

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Massachusetts Rehabilitation Commission

4120-1017 For the purposes of a competitive grant program to provide funding for the regional transit authorities to purchase buses, vans and other vehicles as determined necessary to provide increased transportation services for the disabled and the elderly; provided, that the Massachusetts rehabilitation commission shall first conduct regional hearings to identify the need for increased service by geographic areas; provided further, that such hearings shall be held in conjunction with agencies and advocacy organizations for the elderly and the disabled, including but not limited to Mass Senior Action Committee and the disabled persons protection commission; provided further, that the determination of the grant shall first consider as a priority for award those areas with limited current public transportation services for the disabled and the elderly; and provided further, that the Massachusetts rehabilitation commission shall provide annually a report to the legislature detailing the awarding of such grants............................................................. $10,000,000

SECTION 3. To meet a portion of the expenditures necessary in carrying out 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 $425,000,000, 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 2004, 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; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O of said chapter 29. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2004 and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O of said chapter 29. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with said section 2 O of said chapter 29.

SECTION 4. To meet a portion of the expenditures necessary in carrying out 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 $589,087,574, 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 2004, 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; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O of said chapter 29. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2004 and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O of said chapter 29. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with said section 2 O of said chapter 29.

SECTION 5. To meet a portion of the expenditures necessary in carrying out 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 $478,600,000, 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 2004, 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; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws; provided, however, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O of said chapter 29. All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2004 and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2O of said chapter 29. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with said section 2O of said chapter 29.

SECTION 6. To meet the expenditures necessary in carrying out section 2C, the state treasurer shall, upon the 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 $10,500,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face Highway Improvement Loan Act of 2004, and shall be issued for such maximum term of years, not exceeding 7 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2016. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund.

SECTION 7. To meet the expenditures necessary in carrying out section 2D, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $3,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Security Improvement Program Loan Act of 2004, and shall be issued for such maximum term of years, not exceeding 5 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2014. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Notwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 8. To meet the expenditures necessary in carrying out section 2E, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $25,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Regional Transportation Authority Improvement Loan Act of 2004, and shall be issued for such maximum term of years, not exceeding 5 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2014. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Notwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 9. To meet the expenditures necessary in carrying out 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 $8,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Mobility Assistance Program Improvement Loan Act of 2004, and shall be issued for such maximum term of years, not exceeding 5 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2014. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Notwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 10. To meet the expenditures necessary in carrying out 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 $27,400,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Intermodal Transportation Improvement Loan Act of 2004, 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; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal on such obligations shall be payable, from the General Fund. Notwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 11. To meet the expenditures necessary in carrying out 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 $59,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Rail Transportation Assistance Loan Act of 2004, 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; provided, however, that all such bonds shall be payable not later than June 30, 2029. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Notwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 12. To meet the expenditures necessary in carrying out section 2I, 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 $45,800,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Capital Outlay Loan Act of 2004, and shall be issued for such maximum term 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; provided, however, that all such bonds shall be payable not later than June 30, 2019. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Notwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 13. To meet a portion of the expenditures necessary in carrying out section 2J, 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 $873,250,000, 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, Commonwealth of Massachusetts and the Massachusetts Bay Transportation Authority Subway and Commuter Rail Improvement Loan Act of 2004, 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; provided, however, that all such bonds shall be payable not later than June 30, 2029. Any bonds issued by the commonwealth pursuant to section 2J shall be for no more than 50 per cent of the costs associated with any of the projects listed in said section 2J, with the remaining 50 per cent to be provided for by the Massachusetts Bay Transportation Authority pursuant to an agreement entered into by the secretary of administration and finance and the Massachusetts Bay Transportation Authority. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 14. To meet the expenditures necessary in carrying out section 2K, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $10,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Elderly and Disabled Transportation Quality Improvement Program Loan Act of 2004, and shall be issued for such maximum term of years, not exceeding 5 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2014. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Notwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 15. Bonds issued as special obligation bonds pursuant to this act shall not be included in the computation of outstanding bonds for purposes of the limit imposed by the second paragraph of section 60A of chapter 29 of the General Laws, nor shall debt service with respect to such bonds be included in any computation of the limit imposed by section 60B of said chapter 29.

SECTION 16. In carrying out sections 2 to 2K, inclusive, the department of highways may enter into such contracts or agreements as may be appropriate with other state, local or regional public agencies or authorities. The agreements may relate to such matters as the 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 any such agreements between the department and other state agencies or authorities, the department may advance monies to the agencies or authorities, without prior expenditure by the agencies or authorities, and the 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 the agency or authority; and, provided further, that all monies not expended under any such agreement shall be credited to the account of the department from which they were advanced. The department of highways shall report to the house and senate committees on ways and means any transfers completed pursuant to this section.

SECTION 17. The department of highways shall expend the sums authorized in sections 2 to 2D, inclusive, 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 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 any general or special law to the contrary, projects to alleviate contamination of public and private water supplies cause 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 for the replacement of dwellings or structures including, but not limited to, providing 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 90-6464, 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 1 month after such removal. In planning projects funded by sections 2 to 2D, inclusive, 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 in sections 2 to 2D, inclusive, shall, except as otherwise specifically provided in this act, shall be subject to the first paragraph of section 6 and sections 7 and 9 of chapter 718 of the acts of 1956 and, notwithstanding 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 political subdivisions of the commonwealth.

Notwithstanding sections 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/tunnel project and shall construct, control, supervise or contract such structures; provided, however, that no such construction or contractual agreement for construction shall begin before the review and approval of the inspector general. The inspector general shall file with the house and senate committee on ways and means and the joint committee on transportation all notices of approval for projects undertaken pursuant to this paragraph.

In addition to the foregoing, the department may: expend funds made available by this act to acquire from any person, land or rights in land by lease, purchase or eminent domain under 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; 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 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 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 on any transfers completed pursuant to this paragraph.

SECTION 18. Notwithstanding 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 provision of title 23 U.S.C. 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, Transportation Equity Act for the 21st Century, PL 105-178, and any successor acts or reauthorizations of those 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 may accept any federal funds available for projects authorized in section 2, 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, there shall be appropriated to the Federal Highway Construction Program Fund a sum of $331,500,000 which shall be expended, subject to the limitations contained in Article LXXVII of the Amendments to the Constitution and which shall be in addition to the amounts appropriated in 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, section 2 of chapter 11 of the acts of 1997, section 2 and 2A of chapter 235 of the acts of 2000 and section 2 of chapter 40 of the acts of 2003.

SECTION 19. Section 18 of chapter 6A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 3, the words "; the registry of motor vehicles".

SECTION 20. Section 19 of said chapter 6A, as amended by section 3 of chapter 196 of the acts of 2004, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The following state agencies shall be within the executive office of transportation: the department of highways, including the government center commission established by section 1 of chapter 635 of the acts of 1960, the registry of motor vehicles and all other state agencies within the department, except the division of motorboats and the division of waterways; and the Massachusetts aeronautics commission. The Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Massachusetts Turnpike Authority and any regional transportation authorities established under chapter 161 or 161B shall also be within the executive office of transportation.

SECTION 21. Section 35U of chapter 10 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the last sentence.

SECTION 22. Section 63 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 to 6, inclusive, the words "the estimated additional costs associated with the Central Artery/Ted Williams Tunnel Project and for costs of the statewide road and bridge program" and inserting in place thereof the following words:- (i) the estimated additional costs associated with the Central Artery/Ted Williams Tunnel Project; (ii) the costs of the statewide road and bridge program; and (iii) for the period covering July 1, 2005 to June 30, 2008, excess registry fees not required for the purposes of clauses (i) and (ii), for the costs of transferring the regional transit authorities from funding in arrears to current year funding, in an aggregate amount not to exceed $50,000,000 total for said period.

SECTION 23. Said section 63 of said chapter 10, as so appearing, is hereby further amended by inserting after the fourth paragraph the following paragraph:-

The state treasurer shall, with the approval of the executive office of administration and finance, transfer the excess registry fees to the Regional Transit Authority Forward Funding Trust Fund on or before June 30 of each fiscal year, provided that the amount so transferred shall not exceed an aggregate amount of $50,000,000 for the period of July 1, 2005 to June 30, 2008. The state treasurer shall report excess registry fees identified and actual balance transfers to the senate and house committees on ways and means, the joint committee on transportation, the executive office of administration and finance and the executive office of transportation by August 15 of each year.

SECTION 24. Sections 4 and 5 of chapter 16 of the General Laws is hereby repealed.

SECTION 25. Said chapter 16 is hereby amended by inserting after section 5 the following 2 sections:-

Section 5A. (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 this act or when 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 the purposes of this section, the words "functional replacement" shall mean the replacement, pursuant to chapter 7, including sections 40F and 40F 1/2, 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 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 a 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 subsections (f) and (g) and in accordance with the following formula: (1) for any utility facility that 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; and (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: 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 80 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 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 section 27 of chapter 149 of the General Laws.

(e) Notwithstanding 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 the 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 $10,000,000 annually, and shall not be credited toward meeting the requirements of a $400,000,000 annual statewide road and bridge program as defined in chapter 87 of the acts of 2000.

(g) A utility relocation shall be eligible for reimbursement under this section only if it is completed to the satisfaction of the department within target dates established by the department and in accordance with design criteria set forth by the department for the relocation in a manner that facilitates the timely completion of the affected project.

Section 5B. Notwithstanding 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 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. This section shall apply to an underground utility or utility location project eligible for federal reimbursement having commenced on or after January 1, 2004, and the reimbursement authorized herein shall be to the extent that the cost of relocating the facility is reimbursed by the federal government.

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. The 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 December 31, 2004.

SECTION 26. Chapter 21A of the General Laws, is hereby amended by striking out section 11A and inserting in place thereof the following section:-

Section 11A. There is hereby established within the executive office of transportation a bicycle and pedestrian advisory board. The board shall oversee the state's bicycle and pedestrian activities and advise the bicycle and pedestrian program office. The board shall consist of the secretary of transportation 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 department of conservation and recreation or his designee; the general manager of the Massachusetts Bay Transportation Authority or his designee; the colonel of state police or his designee; the commissioner of public health or his designee; the executive director of travel and tourism or his designee; 1 representative of a regional planning agency; 7 non-governmental members who shall be appointed by the governor upon recommendation of the co-chairmen of the board; 3 of whom shall be experts in bicycle safety; 1 of whom shall be a representative of the commercial bicycle industry; 3 of whom shall be representatives of bicycle organizations; and 7 members who are experts in pedestrian transportation. The bicycle and pedestrian program manager shall serve ex-officio. Each appointee shall serve without compensation for a term of 2 years and may be reappointed to serve for not more than 3 consecutive terms. Two chairmen shall be selected by a majority vote of the board members but at least one of the chairman shall not be an employee of the commonwealth. The advisory board shall meet at least 4 times each year. The board shall monitor the implementation of the Massachusetts statewide bicycle transportation plan and the Massachusetts statewide pedestrian transportation plan and assist the bicycle and pedestrian program office in preparing future plan updates. Initially, the non-governmental members shall be appointed by the governor, chosen from a list of qualified applicants fairly representing the various geographical regions of the Commonwealth, as provided by the Bicycle Coalition, also known as MassBike, a state-wide bicycle advocacy organization and by WalkBoston, a metropolitan area pedestrian organization.

SECTION 27. Section 8B of chapter 29 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the words "a surety company", in line 37, and inserting in place thereof the following words:- 1 or more surety companies.

SECTION 28. Section 5G of chapter 40 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 3, the words "two of chapter sixty B", in line 3, and inserting in place thereof the following words:- 2 of chapter 60B and under section 10A of chapter 91.

SECTION 29. Chapter 82 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 35 the following section:-

Section 35A. The board or officers authorized to lay out highways or town ways may lay out, construct and maintain rail trails under the laws relative to the laying out, construction and maintenance of public ways. For purposes of this section, a rail trail shall mean property converted from the former use as a railroad right-of-way to a use as a publicly-owned, improved and maintained corridor for bicycle, pedestrian and other non-motorized public transportation, recreation and associated purposes. Rail trails may be laid out on property a city or town has acquired by fee, easement, lease, license or otherwise and may be subject to a reversion allowing the railroad company or authority to reclaim the property for rail purposes upon written notice. The owner of such reversion shall be exempt from liability for any claims associated with use of any such rail trail including claims for damages that may arise under section 15 of chapter 84 and section 38 of chapter 161A.

SECTION 30. Section 20 of chapter 90 of the General Laws, as amended by section 226 of chapter 26 of the acts of 2003, is hereby further amended by inserting after the figure "17", in line 82 as so appearing, the following words:- or section 17A.

SECTION 31. Section 20A 1/2 of said chapter 90, as appearing in the 2002 Official Edition, is hereby amended by striking out lines 74 to 77, inclusive, the words "dollars, if paid within twenty-one days, twenty dollars if paid thereafter but before the parking clerk reports to the registrar as provided below, and thirty-five dollars" and inserting in place thereof the following:- $50, if paid within 21 days, nor shall it exceed $55, if paid thereafter, but before the parking clerk reports to the registrar, as provided below and shall not exceed $75.

SECTION 32. Said chapter 90 is hereby further amended by inserting after section 20G the following section:-

Section 20H. If a person fails to appear in accordance with a notice to appear issued for a failure to pay or prepay the required toll on the Tobin Bridge, pursuant to a Massachusetts Port Authority regulation or fails to pay in a timely manner a fine issued pursuant to such regulations after having received notice thereof, the authority shall notify the registrar, who shall place the matter on the record and shall not renew a license to operate a motor vehicle or the registration of any vehicle owned by the person until the matter has been disposed of in accordance with applicable law or regulation. If a 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 registrar shall prescribe the manner, form and content of any notice received from the authority to take such action.

SECTION 33. Section 10A of chapter 91 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the first paragraph thereof the following paragraph:-

A reasonable fee for such mooring, proportionate to the city or town's cost of overseeing mooring permits, may be imposed by the city or town or whoever is so authorized by the city or town, provided, however, that no such mooring fees may discriminate on the basis of residence; and provided further, that any mooring fee collected shall be deposited into and used in accordance with the purposes of the Municipal Waterways Improvement and Maintenance Fund, pursuant section 5G of chapter 40.

SECTION 34. Subsection (h) of section 46 of chapter 121B of the General Laws is hereby amended by striking out, in lines 39 and 40, the words "In any city whose population exceeds one hundred and fifty thousand," and inserting in place thereof the following words:- consistent with smart growth principles.

SECTION 35. Chapter 149 of the General Laws is hereby amended by inserting after section 29C the following section:-

Section 29D. Every bid bond, every performance bond and every payment bond issued for any construction work in the commonwealth shall be the bond of a surety company organized pursuant to section 105 of chapter 175 or of a surety company authorized to do business in the commonwealth under the provisions of section 106 of said chapter 175 and be approved by the U.S. Department of Treasury and are acceptable as sureties and reinsurers on federal bonds under Title 31 of the United States Code, sections 9304 to 9308.

SECTION 36. Section 101 of chapter 159 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Passengers who fail to pay or prepay the required fare in violation of this section shall be subject to a noncriminal citation, and may be requested to provide identification to Massachusetts Bay Transportation Authority police for the purpose of issuing a noncriminal citation.

A person who is issued a noncriminal citation shall be assessed a fine as follows: $15 for a first offense; $100 for a second offense; or $250 for a third or subsequent offense. If the person fails to pay the fine within 1 year of the date of the issuance of a noncriminal citation under this section, the authority shall provide notice of nonpayment of a fine indicating that the person's license or right to operate a motor vehicle will be suspended until the fine is paid and informing the person of an opportunity for a hearing by the authority. The authority shall provide reasonable opportunity for a hearing and may waive or reduce a fine imposed under this section within its discretion.

At least 90 days following notice to a violator of nonpayment of a fine under this section, if the violator has not requested a hearing, the authority shall report the person to the registrar of motor vehicles. Upon the report of the authority of nonpayment of a fine under this section, the registrar shall not renew that person's license or right to operate a motor vehicle under chapter 90 until the registrar receives a report from the authority indicating that the fine has been satisfied. Fines imposed under this section shall be paid to the general fund of the Massachusetts Bay Transportation Authority.

SECTION 37. Section 7A of chapter 161A, as so appearing, is hereby amended in the last paragraph by striking the number "0.25" and inserting in place thereof the number "0.5." and inserting at the end thereof the following sentence:- provided that any increase in the assessment provided herein shall not violate provisions of the forward funding law, so-called.

SECTION 38. The first paragraph of section 46B of chapter 33 of the acts of 1991 is hereby amended by inserting after the word "first", in line 21, the following words:- ; or upon any extension or restructuring of such loan, at such rate and on such terms and conditions as the Massachusetts Bay Transportation Authority may agree upon.

SECTION 39. Section 103 of chapter 205 of the acts of 1996 is hereby amended by striking out, in lines 18 and 19, the words "two thousand and one" and inserting in place thereof the following figure:- 2008.

SECTION 40. Section 113 of chapter 205 of the acts of 1996 is hereby amended by striking out the last sentence and inserting in place thereof the following paragraph:-

In fulfillment of the certificate by the secretary of environmental affairs on January 2, 1991 on the final supplemental environmental impact report on the Central Artery/Third Harbor Tunnel Project, and in order to mitigate the ongoing impact of the operation of the General Edward Lawrence Logan International Airport on the residents of East Boston, and notwithstanding any general or special law to the contrary, upon the completion of construction of the Bremen street park in the East Boston section of the city of Boston, the Massachusetts Turnpike Authority or the commonwealth, acting by and through its department of highways, shall transfer title to said Bremen street park to the Massachusetts Port Authority for $1, and the Massachusetts Port Authority shall thereafter undertake the operation, maintenance and management of the park. For the purposes of this section, the Massachusetts Turnpike Authority or the commonwealth, acting by and through its department of highways, shall transfer that title of land to be leased to the YMCA of Greater Boston, Inc. pursuant to a Development Agreement between the Massachusetts Turnpike Authority and the YMCA of Greater Boston, Inc. dated November 5, 2002, to the Massachusetts Port Authority, upon the completion of the development of the YMCA facility within the Bremen street park. Any lease between the Massachusetts Turnpike Authority and the YMCA of Greater Boston Inc. regarding such YMCA facility within the Bremen street park shall include provision requiring assignment of the lease to the Massachusetts Port Authority upon the completion of said facility.

The Massachusetts Port Authority shall enter into a contract with the East Boston Project Advisory Committee "PAC", established pursuant to chapter 349 of the acts of 1986, to specify and detail the operational and maintenance requirements of the authority with respect to the Bremen street park; provided, however, that because the land on which the Bremen street park will be built was acquired for the purpose of satisfying the certificate of the secretary of environmental affairs to create a significant open space public amenity in East Boston and to thereafter operate and maintain such open space as a publicly-accessible park and open space area, the Bremen street park, once completed, shall be afforded the protections of Article 97 of the Amendments to the Constitution in all respects. The contract between the Massachusetts Port Authority and the PAC shall be entered into not later than December 31, 2005.

SECTION 41. Item 1100-7985 of section 1B of chapter 152 of the acts of 1997 is hereby amended by inserting after the word "project", the following:- and for the acquisition of adjacent properties on South street in said city of Pittsfield need to bring the theater into compliance with the state building code and the Americans with Disabilities Act.

SECTION 42. Section 12 of chapter 87 of the acts of 2000 is hereby amended by inserting after the word "Project", as it appears in line 5, the following words:- and at a minimum amount of $450,000,000 in each fiscal year for the years 2006 to 2012, inclusive, during the years for which the Central Artery/Ted Williams Tunnel Project is receiving federal reimbursements.

SECTION 43. Item 6033-9917 of section 2B of chapter 235 of the acts of 2000 is hereby amended by striking out in lines 124 and 125, as appearing in section 19 of chapter 246 of the acts of 2002, the words "provided further, that $2,500,000 shall be expended for improvements to Front Street in the city of Chicopee" and inserting in place thereof the following words:- provided further, that $6,500,000 shall be expended for improvements to Front street in the city of Chicopee.

SECTION 44. Said item 6033-9917 of said section 2B of said chapter 235 is hereby further amended by striking out, in line 151 to 153, inclusive, as so appearing, the words "provided further, that $1,600,000 shall be expended for road infrastructure improvements to Center street from the city of Springfield boundary line to interstate highway route 391 in the city of Chicopee" and inserting in place thereof the following words:- provided further, that $2,600,000 shall be expended for road infrastructure improvements to Center street from the city of Springfield boundary line to interstate highway route 391 in the city of Chicopee.

SECTION 45. Said item 6033-9917 of said section 2B of said chapter 235 of the acts of 2000 is hereby amended by striking out the figure "$799,295,608", inserted by section 21 of chapter 246 of the acts of 2002, and inserting in place thereof the following figure:- $804,295,608.

SECTION 46. Section 5 of said chapter 235 is hereby amended by striking out the figure "$1,256,145,608", as inserted by section 24 of said chapter 246, and inserting in place thereof the following figure:- $1,261,145,608.

SECTION 47. The sixth paragraph of section 63 of said chapter 235 is hereby amended by striking out, in line 5, the figure "39,440" and inserting in place thereof the following figure:- 36,060.

SECTION 48. The seventh paragraph of said section 63 of said chapter 235 is hereby amended by striking out, in line 5, the figure "3,270" and inserting in place thereof the following figure:- 2,905.

SECTION 49. The eighth paragraph of said section 63 of said chapter 235 is hereby amended by striking out, in line 5, the figure "940" and inserting in place thereof the following figure:- 1,420.

SECTION 50. The ninth paragraph of said section 63 of said chapter 235 is hereby amended by striking out, in line 5, the figure "8,490" and inserting in place thereof the following figure:- 12,250.

SECTION 51. The eleventh paragraph of said section 63 of said chapter 235 is hereby amended by striking out, in line 5, the figure "70" and inserting in place thereof the following figure:- 35.

SECTION 52. Said section 63 is hereby further amended by striking out the sixteenth paragraph and inserting in place thereof the following 6 paragraphs:-

Parcel No. 87-WM-2-BWSC, shown on plan sheet no. 2 owned by the commonwealth under the care, custody and control of the division of capital asset management and maintenance and comprises a portion of land located between Lowell and Nashua streets in the city of Boston formerly occupied by the registry of motor vehicles' building. The parcel of land contains approximately 2,260 square feet in area and is now or was formerly used for the purposes, including subsurface utilities, associated with the operation of the registry of motor vehicles and other state agency office operations. The parcel is intended for the purposes of installation, operation, maintenance and repair of a Boston water and sewer commission water main and related appurtenances.

Parcel No. 87-PE-1, shown on plan sheet no. 16 Revised April 27, 2004, owned by the commonwealth under the care, custody and control of the division of capital asset management and maintenance and comprises a portion of land on Nashua street in the city of Boston formerly occupied by the registry of motor vehicles. The parcel of land contains approximately 1,650 square feet in area and is now or was formerly used for purposes, including subsurface utilities, associated with the operation of the registry of motor vehicles and for ongoing central artery/tunnel project activities. The parcel is intended to be utilized for access purposes to state highway facilities.

Parcel No. 87-PE-3, shown on plan sheet no. 16 Revised April 27, 2004, owned by the commonwealth under the care, custody and control of the division of capital asset management and maintenance and comprises a portion of land located adjacent to the southwesterly street line of Nashua street formerly occupied by the registry of motor vehicles' building. The parcel of land contains approximately 1,590 square feet in area and is now or was formerly used for purposes, including parking and subsurface utilities, associated with state agency office operations and is intended to be utilized for highway purposes associated with the construction, use, operation and maintenance of a vehicular emergency response platform.

Parcel No. 87-DSS-6-BWSC, shown on plan sheet no. 16 Revised June 1, 2004, and owned by the commonwealth under the care, custody and control of the division of capital asset management and maintenance and comprises a portion of land located adjacent to the southwesterly street line of Nashua street formerly occupied by the registry of motor vehicles building. The parcel of land contains approximately 1,140 square feet in area and is now or was formerly used for purposes, including subsurface utilities, associated with the operation of the registry of motor vehicles and other state agency office operations. The parcel is intended for the purposes of installation, operation, maintenance and repair of a Boston water and sewer commission combined sewer and water main, associated structures and related appurtenances.

Parcel No. 87-WM-1, shown on plan sheet no. 16 Revised June 1, 2004, and owned by the commonwealth under the care, custody and control of the division of capital asset management and maintenance and comprises a portion of land located adjacent to the southwesterly street line of Nashua street formerly occupied by the registry of motor vehicles building. The parcel of land contains approximately 1,120 square feet in area and is now or was formerly used for the purposes, including subsurface utilities, associated with the operation of the registry of motor vehicles and other state agency office operations. The parcel is intended for the purposes of installation, operation, maintenance and repair of a water main and related appurtenances.

Parcel No. 87-U-1, shown on plan sheet no. 16 Revised June 1, 2004, and owned by the commonwealth under the care, custody and control of the division of capital asset management and maintenance and comprises a portion of land located adjacent to the southwesterly street line of Nashua street formerly occupied by the registry of motor vehicles building. The parcel of land contains approximately 390 square feet in area and is now or was formerly used for the purposes, including subsurface utilities, associated with the operation of the registry of motor vehicles and other state agency office operations. The parcel is intended for the purposes of installation, operation, maintenance and repair of an underground electrical conduit, associated structures and related appurtenances.

SECTION 53. The twenty-second paragraph of said section 63 is hereby amended by inserting after the figure "13", in line 1, the following words:- , as revised April 27, 2004,.

SECTION 54. Said twenty-second paragraph of said section 63 is hereby further amended by striking out, in line 4, the figure "1,860" and inserting in place thereof the following figure:- 1,480.

SECTION 55. Chapter 236 of the acts of 2002, is hereby amended in line 72, on page 845, by striking the following:- ;"provided further, that not less than $1,500,000 shall be expended for the purchase of open space in the city of New Bedford;" And inserting in place thereof, ;"provided further, that $1,500,000 or fair market value, as determined by an independent appraisal or the price negotiated by the Secretary of the Executive Office of Environmental Affairs, whichever is the least, shall be provided for the acquisition for open space and general recreation purposes on certain property located in the City of New Bedford known as the Goodyear Tire Plant site; provided further that City of New Bedford may purchase or enter into a long term lease for a period of up to ninety-nine years, with provision for renewal periods of an additional twenty-year term or less, for the purpose of building, maintaining and continuing the existence of open space and related general recreational operations at such property;".

SECTION 56. Item 6000-0100 of section 2 of chapter 26 of the acts of 2003 is hereby amended by striking out the words "provided, that notwithstanding any general or special law to the contrary, the secretary is hereby authorized and directed to proceed forthwith on the route 128 add-a-lane project, so-called, in a manner consistent with the design-build provisions pursuant to section six of chapter 53 of the acts of 1999 in order to expedite said project and to effectuate the immediate preservation of the public convenience" and inserting in place thereof the following words:- provided, that notwithstanding sections 38A 1/2 to 38 O, inclusive, of chapter 7, section 39M of chapter 30, chapter 30B and sections 44A to 44M, inclusive, of chapter 149 of the General Laws or any other general or special law to the contrary, the secretary and the department of highways are hereby authorized and directed to proceed on the route I-95/I-93 (route 128) transportation improvement project including the route I-95/I-93 interchange located in the towns of Canton, Dedham and Westwood by using the design/build method of public construction procurement and delivery, provided, however, that the general contractor and designer selected to perform the project shall be selected through a competitive process, and provided further, that the general contractor and the designer shall be pre-qualified by the department of highways to perform the work required.

SECTION 57. The commissioner of the division of capital asset management and maintenance, acting in consultation with the commissioner of the department of conservation and recreation, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to transfer the care and control of a certain parcel of land, hereafter described, to the department of highways. The parcel shall be diverted from its present use as conservation and recreation land to a highway use. A certain parcel of land in the town of Erving, supposed to be owned by the commonwealth under the supervision and control of the department of conservation and recreation and presently used for natural resource purposes described as Parcel 6-6, containing 25,194 s.f. +=/- as shown in a preliminary right of way plan entitled "Plan and Profile of highways relocation of route 2 in the town of Erving, Franklin county", prepared by Parsons Transportation Group, dated December 7, 2001, to be kept on file with the chief engineer of the department of highways.

Modifications to the plan described above may be made before conveyance to carry out the purposes of this section. No deed conveying, by or on behalf of the commonwealth, the title to the property described in the first paragraph shall be valid unless the deed provides that the property shall be used solely for the purposes described in said first paragraph. The deed shall include a reversionary clause that stipulates that the property shall revert back to the commonwealth and assigned to the care, custody and control of the department of conservation and recreation if the property ceases to be utilized for the express purposes for which it was conveyed.

SECTION 58. The commissioner of the division of capital asset management and maintenance may, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to transfer the control of a certain parcel of land hereafter described to the department of conservation and recreation. The parcel shall be diverted from its present highway use to natural resource, conservation and recreation uses. A certain parcel of land in the town of Erving, supposed to be owned by the commonwealth under the supervision and control of the department of highways and presently used for highway purposes, containing described as "area to be potentially deeded to D.E.M." in a preliminary right of way plan entitled "Plan and Profile of Highways Relocation of Route 2 in the Town of Erving, Franklin County", prepared by Parsons Transportation Group, dated December 7, 2001, to be kept on file with the chief engineer of the department of highways.

SECTION 59. The commissioner capital asset management and maintenance may, subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws, acquire by eminent domain, purchase or otherwise, a certain parcel of land as hereinafter described from the town of Billerica. The parcel shall be diverted from its present use as a park and recreation area to a highway use. A certain parcel of land supposed to be owned by the town of Billerica known as parcel 13-D-1. The parcel is bounded and described as follows: starting along the 1953 state highway layout, northerly along the 1953 state highway layout by a line of about 40 feet (S30 27'55"E); easterly by two lines, the first line is a line of about 42 feet (N84 30'20"W) and the second line is a line of about 125 feet (N64 30'40"W); southerly by a line of about 32 feet (S25 29'20"W); and westerly by two lines, the first line is a line of about 120 feet (NW64 30'40"W) and the second line is a line of about 12 feet (N84 30'20"W) by land now or formerly of the town of Billerica. The parcel contains about 4,920 square feet. The parcel of land, hereinbefore described, is shown on a plan entitled "Plan of land in the Town of Billerica, Parcel 13-D-1", prepared by URS Corporation, dated December 12, 2002. Said plan shall be kept on file with the chief engineer of the department of highways.

SECTION 60. The commissioner of the division of capital asset management and maintenance, acting for and on behalf of the commonwealth, may, subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws, convey or transfer certain parcels of land located in the city of Cambridge, hereinafter described, to the city of Cambridge. The following parcels are located in the city of Cambridge and are shown on the plan entitled: "The Commonwealth of Massachusetts, Plan of Land, in the City of Cambridge, Middlesex County, owned by the department of conservation and recreation, to be transferred to the city of Cambridge by, the department of highways for highway purposes, dated: April 3, 2003, Scale: 80 Feet to the Inch" and prepared by Bechtel/Parsons Brinckerhoff. The plan shall be filed with the chief engineer of the department of highways.

The following parcels are currently used as an access road and are intended to be transferred to the city of Cambridge for roadway purposes as part of a joint department of conservation and recreation, or successor agency, parks and city streets development program in conjunction with the on-going central artery/tunnel project.

Parcel No. 2-7-C. A parcel of land owned by the commonwealth under the care, custody and control of its department of conservation and recreation, and comprises a portion of land in the city of Cambridge located southeasterly from Education street. The parcel of land contains approximately 23,780 square feet.

Parcel No. 2-8-C. A parcel of land owned by the commonwealth under the care, custody and control of its department of conservation and recreation, and comprises a portion of land in the city of Cambridge located southeasterly from Museum way, and southwesterly from Education street. The parcel of land contains approximately 2,240 square feet.

Parcel No. 2-9-C. A parcel of land owned by the commonwealth under the care, custody and control of its department of conservation and recreation, and comprises a portion of land in the city of Cambridge located southeasterly from Museum way. The parcel of land contains approximately 1,205 square feet.

SECTION 61. The department of conservation and recreation or its successor agency may to enter into certain temporary construction agreements with the Massachusetts Bay Transportation Authority to facilitate the reconstruction and relocation of the authority's green line light rail rapid transit system, so-called, from North station to Science Park station in the city of Boston. Upon satisfactory completion of the relocation of the green line light rail rapid transit system and the satisfactory completion of all MEPA reviews, historic commission reviews and the securing of any necessary permits, the department or its successor agency may convey to the authority the following interest in real property. Beginning at a point southeasterly comer of the parcel; said point being on the westerly line of State Highway Layout No. 3847, said point being N18-02'-23"F, a distance of 38 and 71/100 feet (38.71') from an angle point on said State Highway Layout line which has a total length of one hundred three and 98/100 feet (103.98'); thence along the southerly line of the parcel running along a curve to the right with a radius of eight hundred sixteen and 00/100 feet (816.00') a distance of twenty-two and 97/100 feet (22.97') to a point of tangency; thence N55-47'-48"W a distance of fifteen and 25/100 feet (15.25'); thence along the westerly line of the parcel N33-48'-52"E a distance of eight and 04/100 feet (8.04'); thence N56-08'-51"W a distance of five and 12/100 feet (5.12'); thence N33-51'-09"E a distance of twenty-eight and 00/100 feet (28.00'); thence S56-08'-51"E a distance of five and 10/100 feet (5.10'); thence N33-48'-52"E a distance of seven and 96/100 feet (7.96'); thence along the northerly line of the parcel S55-47'-48"E a distance of ten and 39/100 feet (10.39') to a point of tangency; thence along a curve to the left with a radius of seven hundred eighty-four and 00/100 feet (784.00) a distance of fifteen and .43/100 feet,(15.43'); thence along the easterly line of the parcel S-18-02'23"W a distance of forty-five and 63/100 feet (45.63') to the point of beginning; containing approximately one thousand five hundred fifty-three square feet (1553+ sq. ft.).

This permanent easement as described above is bounded vertically at the lowest elevation by: (i) elevation 35.00 feet Project Datum (105.62 feet below National Geodetic Vertical Datum of 1929): (ii) the bottommost portion of any foundation of pier footing; or (iii) the bottommost portion of the viaduct structure and appurtenances, whichever applies, and at the highest elevation by: (i) elevation 178.9+ Project Datum; or (ii) the topmost portion of a plane located five feet (5) above the top of the catenary structures, whichever applies. The vertical limits exclude the area occupied by the central artery/tunnel project and utility easements owned by others.

SECTION 62. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority may acquire land of the commonwealth or of a city or town by transfer or by eminent domain and such additional land as the authority may determine to be necessary for the design, construction, equipment, and operation of a commuter rail line from South station extending on the authority's existing Stoughton line right-of-way in part and along a new alignment in part through the communities of Canton, Stoughton, Easton, Raynham, Taunton, Berkley, Freetown, Lakeville, Fall River and New Bedford, all as substantially described in the Draft Environmental Impact Report filed with the Massachusetts Environmental Policy Act unit, or any final environmental impact report related thereto. The authority may propose a mitigation plan to address adverse effects of the construction of this commuter rail line extension and shall submit the plan within 90 days of completion of the design for the project to the joint committee on transportation. The Massachusetts Bay Transportation Authority shall develop a proposed mitigation plan to maintain the same per cent valuation of the average property value of like properties in the municipalities of Easton, Taunton and Raynham for property owners in said municipalities whose property abuts the commuter rail line extension and is taken for such purpose or is not taken but is adversely affected by the commuter rail line extension and shall submit the same within 90 days after the effective date of this act to the house and senate committees on ways and means and the joint committee on transportation.

SECTION 63. The commissioner of capital asset management and maintenance may discontinue that portion of Cobble Mountain road, between the town of Blandford and the town of Granville, which is currently under the control of the division pursuant to the abolition of the county of Hampden by chapter 48 of the acts of 1997.

The commissioner may convey, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, certain parcels of land located in the towns of Blandford, Russell and Granville, which formerly served as a portion of Cobble Mountain road, to the Springfield water and sewer commission to be used for related water supply purposes and to provide protection of the Cobble Mountain dam and reservoir, subject to such other terms and conditions as the commissioner considers appropriate and consistent with this section.

The parcels of land consist of:

(a) That certain parcel of land shown on a plan entitled "Plan and Profile - the new highway from a point near Pomeroy Farm on Granville-Blandford Road to Cobble Mountain Dam - July 1929", recorded in Hampden County registry of deeds in book 1461, page 132; and

(b) That certain parcel of land shown on a plan entitled "Plan and Profile - the section in the town of Russell of the new highway behind between Blandford and Granville - November 23, 1931", recorded in the Hampden County registry of deeds in book 1513, page 330.

No consideration shall be paid by the Springfield water and sewer commission for conveyance of the property as described herein as said property was conveyed to the county commissioners of Hampden county from the city of Springfield as predecessor to the Springfield water and sewer commission, as set forth in the Hampden County registry of deeds in book 1513, page 330, and the building of said way thereon was borne by said city.

Any deed conveying the parcels as described herein in the towns of Blandford, Russell and Granville shall provide that the use of the parcels shall be primarily for water supply and water protection purposes and such deed shall further provide that the parcels shall revert to the commonwealth without further consideration if they are not used for the purposes described in this section or if they cease at any time to be used for these purposes. Any further disposition of the land shall be subject to sections 40E to 40J, inclusive, of chapter 7 and shall have the prior approval of the general court.

SECTION 64. The department of highways and the central transportation planning staff shall make an investigation and study relative to the widening of state highway route 139 in the towns of Marshfield and Pembroke. The department and the central transportation planning staff shall report the results of said study, including any recommendations and drafts of legislation necessary to carry out said recommendations to the clerks of the house of representatives and senate and to the joint committee on transportation on or before the last Wednesday in December, 2004.

SECTION 65. Notwithstanding section 15C of chapter 40 of the General Laws, that portion of state highway route 112 in the towns of Colrain, Buckland, Ashfield, Goshen, Cummington, Worthington and Huntington, hereinafter called the route 112 scenic byway, are hereby designated a scenic byway. The Route 112 scenic byway corridor shall begin at the town line of Worcester and Paxton and end at the town line of Barre and Petersham.

The overall purpose of the route 112 scenic byway designation shall be to recognize, interpret, preserve, and promote the unique scenic, cultural, archeological, natural and recreational resources of route 112 in said Franklin and Hampshire counties through the development of a corridor management plan and accompanying public participation process.

SECTION 66. Notwithstanding any general or special law to the contrary, the department of highways is hereby authorized and directed to assume administration of the portion of state highway route 140 located in the city of Gardner.

SECTION 67. Notwithstanding any general or special law to the contrary, the department of highways, in meeting its obligation to provide for the maintenance of the commonwealth's roads and bridges, shall conduct demonstration programs on cost-effective road and bridge maintenance techniques for use in the commonwealth. In providing for those techniques, the department shall utilize available federal research funds and state matching grants to conduct demonstration projects throughout the commonwealth. The department shall conduct not less than 10 demonstration projects of at least 1 mile of roadway each throughout the commonwealth utilizing the techniques. One such demonstration project shall be conducted on gravel roads in Berkshire, Franklin, Hampshire and Hampden counties to test the efficiency and cost effectiveness of using recycled asphalt, brick and concrete as a substitute for quarried gravel. The department shall report the findings and results of the projects and identified technologies, including any resulting cost savings, to the joint committee on transportation and the house and senate committees on ways and means on or before December 31, 2005. For the purposes of this section, efficient and cost-effective road and bridge maintenance techniques shall mean any technology that will provide longer lasting application and cost savings to the commonwealth, including, but not limited to, paver placed road maintenance technologies, heavily modified emulsion and hot mix asphalt techniques or rubberized asphalt road and bridge surface maintenance technology and performance enhanced polymer latex acrylic emulsions where polymer performance of dust palliatives and soil stabilizers are enhanced with polymax and flexmax respectively.

SECTION 68. Notwithstanding any general or special law to the contrary, the department highways shall maintain the motorist emergency call system on interstate highway routes 91, 93, 95, 195 and 495, in an operational condition for use in emergencies by the public. The department shall expend not less than $1,300,000 to replace all nonfunctioning call boxes or communications equipment necessary for maintaining the motorist aid system. The department shall submit a report on the operational readiness and reliability of the motorist aid system to the joint committee on transportation and the house and senate committees on ways and means on or before December 31, 2005.

SECTION 69. Notwithstanding any general or special law to the contrary, the department of highways shall develop and implement a noise mitigation plan to reduce the impact of traffic-related noise for cities and towns impacted by highway vehicular traffic noise or noise related to transportation construction, repair, and maintenance. In preparing the plan, the department shall identify measures that it will take to construct noise barriers and implement other sound reducing techniques for locations identified in the 1988 Massachusetts Type II Noise Attenuation Study, including but not limited to the towns of Billerica, Lexington, Chelmsford, Bedford, Lowell, Framingham, Natick, Ashland, Hopkinton, Southborough, Stoneham, Weston, Wayland, Shrewsbury, Danvers, Newton, and Charlton. The department shall file the plan with the joint committee on transportation and the house and senate committees on ways and means on or before December 31, 2004.

SECTION 70. Notwithstanding any general or special law to the contrary, a proposal issued for a publicly-funded construction project involving multiple payers shall contain the identification of all parties who have financial responsibility for the project, including, but not limited to, change orders, modifications, and overruns. In addition to the identification, the proposals shall include the extent of financial responsibility, by either a dollar amount or percentage share, and, if applicable, the specific bid item for which each payer is responsible.

SECTION 71. Notwithstanding any general or special law to the contrary, the construction of North Point Park along the New Charles River Basin shall be required to accommodate bicycle and pedestrian access.

SECTION 72. The department of highways may construct an entrance and exit ramp from interstate highway route 495 to provide access to and egress from the industrial areas of Milford, Bellingham and Franklin. The department shall obtain any state and federal approvals that may be required in connection with such project.

SECTION 73. The Massachusetts Turnpike Authority shall study the cost-effectiveness of sound barriers at locations in the city of Newton studied for the authority's Barrier Priority Results.

SECTION 74. The Massachusetts Turnpike Authority shall study the feasibility of utilizing sound-reducing surface material on interstate highway route 90 in the city of Newton.

SECTION 75. Notwithstanding any general or special law to the contrary, the department of highways and the Massachusetts Turnpike Authority shall, before July 31, 2005, take all steps required by applicable federal and state law, and consistent with the terms of a memorandum of understanding executed by the department of highways, the executive office of transportation, the city of Boston and others and dated June 7, 1991, to remove and relocate outdoor advertising structures currently within or adjacent to the East Boston parks.

SECTION 76. The bicycle program office in the executive office of transportation, in collaboration with state agencies and cities and towns, shall designate and mark long-distance bicycle touring routes on public ways. These routes shall be marked by means of signs depicting a bicycle logo and indicating destination, direction, and distance. At least 3 routes running north to south and 2 routes running east to west across the commonwealth shall be created in this manner. The selection of the routes shall take into consideration the qualities desired by bicycle tourists and shall be approved by the bicycle advisory board.

SECTION 77. Notwithstanding any other general or special law, ordinance or regulation to the contrary, pursuant to subsection (d) of section 9 of chapter 372 of the acts of 1984, the Massachusetts Water Resources Authority may convey to the Massachusetts Bay Transportation Authority, for full and fair consideration, a parcel of land and water owned by the Massachusetts Water Resources Authority in the city of Quincy, consisting of approximately 7.5 acres of land and 3.8 acres of water. The parcel, generally located on Washington street, is part of a larger parcel commonly known as the Fore River Shipyard, and is more precisely described in a plan entitled "Subdivision Plan of Land, Lot 7A and Parcel 15, Washington street, in Quincy, Massachusetts, Fore River Shipyard", dated May 24, 2004, prepared by BSC Group. The plan is on file at the Massachusetts Water Resources Authority and shall be recorded with the Norfolk registry of deeds together with the grant described herein.

SECTION 78. The secretary of transportation, in conjunction with the Massachusetts Port Authority, shall expend not more than $20,000,000, including funds authorized for such purpose in item 6033-9717 of section 2B of chapter 11 of the acts of 1997, for the design and construction of a truck bypass road in the East Boston section of the city of Boston, including costs associated with the acquisition of all necessary surface rights and environmental remediation. The roadway shall be approximately 1/2 mile in length and running along the route of the northern portion of a dormant railroad right of way, between the foot of the Chelsea street bridge and a point opposite the Day Square section of the East Boston section of the city of Boston; thence, running under the Route 1A overpass and connecting to the north service area of Logan International Airport.

SECTION 79. The executive office of transportation, in consultation with the regional transit authority council, shall prepare a report delineating the amount of funding required to move all regional transportation authorities from the current reimbursement form of funding to forward funding beginning in fiscal year 2006. The secretary of transportation shall also make recommendations on the restoration of services to the level in place prior to fiscal year 2002 and shall identify and make recommendations for the expansion of services to meet the unmet needs for fixed route, elderly and paratransit services in the various regional transit authority districts, including determining the amount of additional funding required to meet this objective. The secretary shall also study the need and feasibility of allowing a city or town or group of cities or towns, other than a city or town included in the Massachusetts bay transportation authority in which the authority operates fixed bus service, to join an existing regional transit authority or form a new regional transit authority. The secretary shall make revenue proposals for financing the implementation of those recommendations. The report shall be submitted no later than December 15, 2004 to the joint committee on transportation, the senate and house ways and means committees and the secretary of administration and finance.

SECTION 80. The bicycle program office within the executive office of transportation shall accept, in collaboration with the official sponsor of the Pan Massachusetts Challenge and state, regional and local agencies and cities and towns, the established bicycle route of the Pan Massachusetts Challenge and shall designate and mark the bicycle route with signs.

SECTION 81. There shall be a special commission known as the West Roxbury master plan commission for the purpose of making an investigation and study relative to the development of a master plan for West Roxbury section of the city of Boston. The commission shall consist of the senator from the Suffolk and Norfolk district, the representative from the tenth Suffolk district, the representative in congress from the ninth congressional district of Massachusetts, the director of the Boston Redevelopment Authority, who shall serve as chairman, the secretary of transportation, the secretary of environmental affairs, the secretary of economic development, and 2 persons to be appointed by the mayor of Boston who shall be residents of the West Roxbury section of the city of Boston.

The investigation and study shall include: (1) an evaluation of the nexus between economic development, housing and transportation in the West Roxbury section of the city of Boston; (2) an evaluation of the pedestrian, public transit and automobile transportation network in West Roxbury, including department of conservation and recreation controlled parkways and boulevards; (3) an evaluation of existing open space in West Roxbury, both private and publicly-owned, including land used for active and passive recreational use, and land adjacent to department of conservation and recreation parks, parkways and boulevards; (4) an evaluation of policy mechanisms to generate and keep wealth in West Roxbury; (5) an evaluation of mechanisms to increase opportunities for existing small businesses in the community to better serve West Roxbury, including, but not limited to an analysis of all existing federal, state, and city of Boston financial programs, including grants and loans, the purpose of which is to assist existing businesses or business development; and (6) an evaluation of public infrastructure investments in West Roxbury as a tool for economic development.

No member of the commission shall receive any compensation for his services, nor shall a member be reimbursed for any travel expenses or actual expenses incurred in carrying out his duties as a member of the commission.

The commission shall report the results of its investigation and study, including a minority report, if any, together with its recommendations and drafts of the master plan, by filing the same with the clerk of the Boston city council on or before June 30, 2007 and with the clerks of the house of representatives and the senate, who shall forward the same to their respective committee on ways and means.

SECTION 82. There shall be a special commission to study and report on the equity of fares between modes of transportation. The commission shall consist of 8 members, 1 of whom shall be appointed by the senate president, 1 of whom shall be appointed by the speaker of the house of representatives, the secretary of transportation or his designee, the general manager of the Massachusetts Bay Transportation Authority or his designee, 1 member to be appointed by the town of Hingham by vote of the board of selectmen, and 3 members to be appointed by the secretary of transportation, 1 of whom shall be a representative of the south shore business community and 2 of whom shall be representatives of the service area who regularly utilize the Rowes Wharf commuter boat. The commission shall review commuter boat service between the town of Hingham and Rowes Wharf in the city of Boston. The commission shall, in the course of its investigation and study, consider service improvements, fare structure, parking fees and ridership. The special commission shall submit its initial report to the Massachusetts Bay Transportation Authority with recommendations relative to the current fare structure, parking fees and service schedule, not later than 60 days after the effective date of this section. The special commission shall submit a second report to the Massachusetts Bay Transportation Authority with recommendations relative to the long-term recommendations for utilization of the commuter boat between Hingham and Rowes Wharf, including the equity of zones and fares among varying commuting modes, parking fee and capacity issues, and ongoing service subsidies by December 31, 2004. The special commission shall dissolve upon completion of its duties and obligations, as indicated by submission of its findings and recommendations.

SECTION 83. (a) Notwithstanding the provision of any general or special law to the contrary the commissioner of capital asset management and maintenance may, subject to section 40J of chapter 7 of the General Laws, release to the town of North Andover all right, title and interest of the commonwealth in and to a portion of that way known as Dale street formerly owned by Essex county and located in said town between Winter street and Russett lane containing approximately 0.50 acres, as shown on Plan of Land entitled "Plan of Land, 922 Dale street, Prepared for Joseph McCarthy," which is on file with the North Andover town clerk, and which abuts the property numbered 922 Dale street, North Andover, Massachusetts, now or formerly owned by Joseph W. McCarthy and Sharon McCarthy.

(b) The purpose of the release shall be to facilitate the annexation of the portion of Dale street to be discontinued to the property numbered 922 Dale street for the purpose of classifying the property at 922 Dale street as agricultural land pursuant to chapter 61A of the General Laws. For this purpose, any discontinuance or abandonment or conveyance of that portion of the public way shall be subject to the condition that the portion of Dale street which is to be discontinued and the abutting property numbered 922 Dale street, North Andover, Massachusetts, be classified as agricultural land in accordance with the terms of said chapter 61A.

(c) The owner of the property numbered 922 Dale street shall be responsible for all costs and expenses of the transaction authorized by this section, including but not limited to the cost of any surveys and other expenses relating to the conveyance, discontinuance or abandonment of said portion of Dale street.

(d) Notwithstanding the provision of any general or special law to the contrary, the town of North Andover may, by a majority vote at an annual or special town meeting abandon or discontinue the portion of Dale street subject to this section as a public way and may, upon such terms and conditions as the selectmen consider to be appropriate and in the best interests of the town, retain any interest in the way, make any conveyances, and grant or accept any easements or other interests in the way, and in the property numbered 922 Dale street as the selectmen consider to be in the best interest of the town, and take such other action with respect to the land as the selectmen consider to be in the best interest of the town, but the town shall not abandon or otherwise discontinue public use of any other portion of Dale street in which the commonwealth has any right, title, or interest.

SECTION 84. The Worcester Regional Transit Authority shall conduct a study of the need for bus service between the town of Southbridge and the city of Worcester including an analysis of the cost and feasibility of expanding the routes to include the town of Webster and including such routes within the loop to include the municipalities Southbridge and Worcester. The study shall include an estimate of potential ridership and an estimate of the advertising costs to maximize such ridership.

SECTION 85. Notwithstanding any general or special law to the contrary, all future aircraft acquisitions by an executive office, agency, commission, department or authority, including the acquisition authorized in section 2I, shall be in conformance with the federal Homeland Security Act. In order to comply with the intent and higher alert codes established in that act, such aircraft acquisitions shall be at least 90 per cent manufactured and assembled in North America, inclusive of aircraft parts and product support. All executive offices, agencies, commissions, departments or authorities shall pursue to the greatest extent possible offsetting grants pursuant to the act to reimburse state expenditures for such aircraft acquisitions.

SECTION 86. Notwithstanding the provisions of any general or special law to the contrary, the executive office of transportation and the executive office for administration and finance shall take all steps necessary than to fulfill the directives of section 71 of chapter 235 of the acts of 2000 and section 19 of chapter 246 of the acts of 2002, by granting the Pioneer Valley Transit Authority, not later than December 31, 2004, $11,000,000 for the design and construction of the Springfield Union Station intermodal transportation project.

SECTION 87. The intersection of Herring Pond road and State road, known as state route 3A, in the town of Plymouth, shall hereby be known as the Lance Corporal Jeffrey C. Burgess, U.S.M.C. Memorial Square. The department of highways shall erect and maintain a memorial consisting of a granite marker with Lance Corporal Burgess' name, rank and the dates of his birth and death while serving his country in Operation Iraqi Freedom. The department may accept funds, including gifts, donations, grants or bequests available for the purposes of this section.

SECTION 88. (a) Notwithstanding any general or special law to the contrary, the city of Revere may promulgate rules and regulations regarding the rental of motor vehicles to require the assessment and payment of a surcharge of not more than $10 on each motor vehicle rental contract in said city. The surcharges collected shall be paid monthly to the city not later than the twentieth of the month following the collection of the surcharge and may be added to the cost of the rental agreement. Amounts received by the city pursuant to this section shall not be considered in the determination of the amount of any distribution of state assistance to the city.

(b) For the purpose of determining compliance with this section, the city of Revere may examine all relevant books, records and documents of a person or entity engaged in the business of renting motor vehicles. The auditor or the treasurer of the city or a designee of the auditor or the treasurer shall conduct any such examination. If the surcharge collected is less than the amount required pursuant to this section, the city may file a claim, within 2 years after the date on which the surcharge is due, for such underpayment or undercollection, together with interest permitted by law.

(c) This section shall provide an exclusive, additional, alternative and complete method for the imposition and collection of a surcharge on a motor vehicle rental agreement. This section shall be supplemental and additional to, and not in derogation of, powers conferred upon the city of Revere. If this section is inconsistent with any general or special law or administrative order or regulation or any limitation imposed by the charter of the city of Revere, this section shall control.

SECTION 89. (a) Notwithstanding any general or special law to the contrary, the executive office of environmental affairs shall establish a pilot wetlands mitigation bank in the Taunton river watershed for the purposes of off-site mitigation of projects funded through this act, other public works projects and projects requiring wetlands variances or orders of conditions within the Taunton river watershed.

(b) For the purpose of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Credit", a unit of trade representing the increase in the ecological value of the site, as measured by acreage, functions or some other assessment method.

"Pilot wetlands mitigation bank" or "bank", the development of a single wetlands bank through a public/private partnership in a single designated watershed for the purpose of assessing the effectiveness of wetlands banking as a regulatory tool to mitigate environmental impacts associated with construction activities.

"Team", the Wetlands Mitigation Banking Review Team established in subsection (f).

(c) Credits from the pilot wetlands mitigation bank for off-site mitigation shall only be available for project mitigation after all regulatory requirements for avoiding, minimizing and mitigating impacts on site to the greatest extent practicable have been met. Off-site mitigation sites in the Taunton River watershed shall be located on lands and easements taken or acquired under Article XCVII of the Amendments to the Constitution. Restoration of previously filled or drained wetlands shall be a priority for off-site mitigation.

(d) Within 30 days after the effective date of this act, the executive office of environmental affairs, in consultation with executive office of transportation, shall issue a request for proposals for the selection of a contractor with experience in wetlands banking in New England to assist in the identification of a wetlands banking site and to undertake the design, approval, creation, ownership and management and long-term ecological monitoring of a wetlands restoration bank within the Taunton river watershed. Within 90 days of issuing the request for proposals, the executive office of environmental affairs in consultation with the executive office of transportation, shall select a banking contractor. This request for proposals and selection of a contractor shall not be subject to chapter 30B of the General Laws.

(e) Bank financing and sale of bank credits shall be subject to an agreement developed between the executive office of environmental affairs and the executive office of transportation and the selected contractor, subject to the review and approval of the inspector general. A portion of the credits from the bank shall be available for banking and trading purposes upon an approval of a restoration plan by appropriate regulatory agencies.

(f) Within 30 days of the effective date of this act, the secretary of environmental affairs shall convene a wetlands mitigation banking review team for the purpose of reviewing and approving a pilot mitigation bank with the Taunton River watershed. The Team shall include 1 representative of the department of environmental protection, 1 representative of the executive office of transportation, 1 representative of an environmental advocacy organization, who shall be selected from a list of 3 candidates submitted jointly by the Massachusetts Audubon Society, the Massachusetts chapter of the Sierra Club, the Massachusetts chapter of the Nature Conservancy, the Trust for Public Land, the Environmental League of Massachusetts and the Taunton River Watershed Alliance, 1 representative of cities and towns within the Taunton river watershed, and 1 representative of each of the following agencies: department of fisheries, wildlife and environmental law enforcement, United States environmental protection agency, United States army corps of engineers and United States department of fish and wildlife. The team shall seek and consider public input in the development of the pilot mitigation bank, hold at least 1 public hearing in the Taunton river watershed and make draft plans available for a public review and comment period through notice in the Environmental Monitor.

(g) Within 30 days of the effective date of this act, the executive office of transportation shall inventory anticipated wetland impacts in the Taunton river watershed associated with future transportation, construction, repair and maintenance projects funded under this bond and other public works projects.

(h) The executive office of transportation and the executive office of environmental affairs shall file a joint report assessing the process of establishing the pilot wetlands mitigation bank, describing transactions and projects affected by the bank, and the effectiveness of the bank in protecting wetlands while enabling projects requiring off-site mitigation to progress with the joint committee on transportation and the joint committee on natural resources and agriculture within 1 year of the creation of the pilot wetlands bank and for each year thereafter, for 5 years. The report shall include information on the amount, acreage, location and types of wetlands restored and credits issued or traded, and a list of all projects utilizing bank credits at the time the report is prepared.

SECTION 90. The commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may, notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws, transfer the care and control of a certain parcel of land, including the storm drain thereunder, to the city of Boston. The parcel shall be diverted from its present use as conservation and recreation land to general municipal purposes, including, but not limited to, drainage, roadway, or storm drain purposes.

The parcel of land is more fully described as follows: a certain parcel of land and the storm drain sited thereunder, located in the Forest Hills section of the City of Boston, Suffolk County, bound on the north by a portion of the southern boundary of the Massachusetts Bay Transportation Authority property known as the Arborway between the Washington Street and Forest Hills Street, and bound on the south by the curb on the south side of a portion of the surface way known as the Arborway Frontage Road West, and bound on the east side by a line extending southward from the above mentioned southern boundary of the Massachusetts Bay Transportation Authority property to the above mentioned curb on the south side of the surface way known as the Arborway Frontage Road West, approximately 500 feet east of the intersection of Washington Street and Arborway Frontage Road West.

SECTION 91. The Massachusetts Bay Transportation Authority shall study the level of assessment of the General Laws and the fairness and the feasibility of exempting the town of Ashburnham from assessment under chapter 161A. The authority shall report its findings to the joint committee on transportation on or before December 31, 2004.

SECTION 92. (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations of the following functions of state government from the transferor agency to the transferee agency, defined as follows:

(1) the functions of the executive office of transportation and construction, as the transferor agency, to the executive office of transportation, as the transferee agency;

(2) the functions of the bureau of transportation and planning in the department of highways, as the transferor agency, to the office of transportation planning in the executive office of transportation, as the transferee agency; and

(3) the functions of the registry of motor vehicles in the executive office of public safety, as the transferor agency, to the registry of motor vehicles in the department of highways, as the transferee agency;

(b) Subject to appropriation, the employees of each transferor agency, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, shall be transferred to the respective transferee agency, without interruption of service and without a reduction in compensation or salary grade. Notwithstanding any general or special law to the contrary, all such employees shall retain their rights to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun by each transferor agency and pending before a transferor agency before the effective date of this act shall continue unabated and remain in force but shall be assumed and completed by the respective transferee agency.

(d) All orders, rules and regulations duly made and all approvals duly granted by each transferor agency, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled in accordance with law, by the respective transferee agency.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both real and personal, including all property held in trust, which immediately before the effective date of this act are in the custody of each transferor agency shall be transferred to the respective transferee agency.

(f) All duly existing contracts, leases and obligations of each transferor agency shall continue in effect but shall be assumed by the respective transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by this section.

SECTION 93. Notwithstanding any general or special law to the contrary the commissioner of the department of conservation and recreation shall enter into a license agreement with the town of Randolph for the purposes of allowing said town to utilize the Nike site in Randolph in the High street area of said town for active and passive recreational opportunities for a term of 10 years, with an option of renewal for addition term of 10 years. Said agreement shall include the improvements of said property by the town of Randolph including, but not limited to, the construction, by the town of Randolph, of ball fields or multipurpose recreational fields on the said property. The terms of said agreement shall be reported to the joint committee on the state administration on or before December 31, 2004.

SECTION 94. Notwithstanding the provisions of any general or special law to the contrary, the department of conservation and recreation shall alter the current traffic flow on the street known as Cambridge parkway in the city of Cambridge from a north, northeasterly direction to a south, southwesterly direction, and shall maintain said street as a one way street in its altered traffic flow.

SECTION 95. The department of highways shall complete a study on the inclusion of the Greenfield Montague Transportation Area in the calculation of motor fuel tax exemptions pursuant to chapter 161 of the General Laws. Said study shall be submitted to the joint committee on transportation and the house and senate committees on ways and means on or before December 31, 2004.

SECTION 96. 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 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, 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; the railroad company, railway company or its assigns shall provide such flagman. For the purposes of this section, 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 97. Notwithstanding any general or special law to the contrary the secretary of transportation in consultation with the general manager of the Massachusetts Bay Transportation Authority, shall include the city of Lynn in any plans for the expansion, creation or adaption when considering regional intermodal modal transportation centers.

SECTION 98. Notwithstanding any general or special law to the contrary, funds shall be expended for the continuation of LIFT bus service 5 and 6 in South Framingham, Ashland, Holliston, Hopkinton and Milford.

SECTION 99. Notwithstanding any general or special law to the contrary, the department of highways shall study the cost impact of adjusting the unit prices for steel required in order to complete performance of highway and bridge construction contracts awarded on or before July 1, 2004. The department shall study the cost to compensate contractors for the difference between: (1) the cost of steel at the date the bids were opened; and (2) the cost of steel at the date of purchase with no allowance for overhead or profits on the construction contract. The department shall submit its findings to the joint committee on transportation and the senate and house committee on ways and means within 30 days after the effective date of this act.

SECTION 100. The Massachusetts Aeronautics Commission shall make funds available for costs associated with the construction and improvement of ramps and hangars as part of Phase I improvements at Westover Metropolitan Airport.

SECTION 101. Notwithstanding any general or special law to the contrary, the secretary of the executive office of transportation and construction shall establish a priority list for projects to be completed by the Massachusetts bay transportation authority which gives first priority to those projects which serve cities and towns not presently served by commuter rail or rapid transit.

SECTION 102. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Regional Transit Authority Forward Funding Trust Fund under the control of the secretary of transportation. The fund shall consist of amounts of excess registry fees specified in section 63 of chapter 10, and shall not exceed an aggregate amount of $50,000,000. The state treasurer shall deposit these amounts into the fund, which shall be expended only for the purpose of transferring the regional transit authorities from funding in arrears to current year funding. Each regional transit authority shall submit a proposed budget for each state fiscal year beginning with fiscal year 2005 to fiscal year 2008, inclusive, to the secretary of transportation for approval prior to the disbursement of any monies from this fund. Regional transit authorities in receipt of an allocation from this fund shall expend the monies in accordance with policies, rules and regulations established by the executive office of transportation for the purposes of this section.

(b) The Regional Transit Authority Forward Funding Trust Fund shall expire on June 30, 2010 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 103. The comptroller shall transfer as of June 30, 2004 the amount of $40,000,000 from the Central Artery and Statewide Infrastructure and Bridge Fund, established pursuant to section 63 of chapter 10 of the General Laws, to the MBTA Infrastructure Renovation Fund, established pursuant to section 35U of chapter 10 of the General Laws.

Governor returned with amendment
SECTION 104. Sections 98 and 103 of chapter 236 of the acts of 2000 are hereby repealed. [Nothwithstanding any general law or special law to the contrary Section 103 of this act shall take effect July 1, 2006] (Pending Legislative action)

Approved August 10, 2004.