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Budget Recommendations
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Outside Section 32
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Transfer of Parkway Operation and Maintenance
SECTION 32.
Chapter 16 of the General Laws, as so appearing, is hereby amended by inserting after section 3A the following new section:-
Section 3B. (a) There shall be in the department a bureau of parkways. The bureau shall be responsible for the maintenance and operation of parkways, boulevards and bridges under the care, custody and control of the division of urban parks and recreation within the department of conservation and recreation, and any other parkways, as designated by the secretary of environmental affairs subject to one or more memoranda of understanding that may address, but not be limited to, street lighting and related appurtenances. The commissioner of highways, with the approval of the secretary of transportation and construction, may appoint and remove a deputy commissioner for parkways without regard to chapter 31 to manage the bureau of parkways who shall report to the commissioner. The commissioner shall assign powers and duties to the deputy commissioner.
(b) The bureau shall be responsible, at a minimum, for the removal of snow and ice from parkways. The commissioner of highways shall assign sufficient staff to accomplish the bureau's goals and objectives. Nothing in this section shall prohibit the use of department of highways personnel not assigned to the bureau of parkways for maintenance and operation of parkways in addition to other responsibilities which shall be set forth in the memoranda of understanding.
(c) The bureau shall develop standards to address the maintenance and operation of the parkways and any other issues not specifically addressed in this section but necessary to effectuate the intent of this section. The standards shall be memorialized in a memorandum of understanding to be approved by the secretaries of transportation and construction and environmental affairs. The standards shall include, but not be limited to, ones governing design, engineering, construction and maintenance of the parkways and shall protect the distinctive and historic characteristics of the parkway system. Until the final standards are developed and approved, the bureau shall use existing standards of the division of urban parks and recreation within the department of conservation and recreation for the design, engineering, construction and maintenance of parkways. The bureau shall not widen or straighten any parkways, unless otherwise authorized by the general court.
(d) The department shall not permit trucks and hazardous materials on parkways, boulevards and roadways, which are excluded from parkways, boulevards and roadways by the division of urban parks and recreation within the department of conservation and recreation unless otherwise authorized by the general court.
(e) This section shall not be construed to repeal, diminish or limit any authority, right, or limitation on liability, granted to the division of urban parks and recreation within the department of conservation and recreation by sections 35, 35A, 36, 37, 49, 69, 80, 85, 88, 98, and 106 of chapter 92, beyond any authority or right granted to the bureau of parkways for maintenance and operation.
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