H.4047 - Amendments

AMENDMENT NO. 1

Ms. Callahan of Sutton moves to amend the bill by inserting after SECTION 6, section 9, section (d) on page 45 the following section:-

“Section (e) The office for taxpayer advocacy shall be responsible to report publicly and transparently detailed and comprehensive information about all transportation contracts, including infrastructure ones, involving the Massachusetts Transportation and Infrastructure Authority. Reports shall be made available through an online system website. Such website shall have up to date information on the status of pending as well as awarded state contracts. A certain dollar amount for state contract awards and specific agency expenditures that will be posted may be set by the office.”

AMENDMENT NO. 2

Ms. Callahan of Sutton moves to amend the bill in SECTION 6, section 9, section (d) on page 44, by striking out after the words “The director” the word “may” and inserting in place thereof “shall”.

AMENDMENT NO. 3

Ms. Callahan of Sutton moves to amend the bill by adding the following section at the end:

Section XX:

(a) Chapter 6 of the General Laws is hereby 1 amended by striking out section 98, as appearing in section 3 of chapter 304 of the acts of 2008, and inserting in place thereof the following section:

Section 98. (a) As used in this section, “state entities” shall mean the commonwealth, state authorities, as defined in section 1 of chapter 29, and other state entities with responsibility for managing and overseeing public funds, including the Massachusetts Transportation and Infrastructure Authority and any fund associated with holding, managing or controlling the debt of predecessor state entities (“authority” or “Authority”).

(b) It shall be the duty of the board to promote transparency, public accountability and adherence to best practices by all state entities with respect to investments, borrowing or other financial transactions made or entered into by state entities and involving public funds. The board shall make an annual written report to the secretary of administration and finance, the state treasurer, the state auditor, the house and senate committees on ways and means, and the senate and house committees on bonding, capital expenditures and state assets with respect to its findings regarding investments, borrowing and other financial transactions carried out by state entities and its activities to promote transparency, public accountability and best practices with respect thereto.

(1) adopt regulations or guidelines requiring state entities to report, adopt appropriate policies, and adhere to best practices with respect to investments, borrowing and other financial transactions;

(2) make recommendations to state entities or state officers and propose legislative changes to improve the management of public funds;

(3) employ staff and engage professionals to review and advise it on financial transactions entered into by state entities;

(4) report on the impact of the authority’s debt as they relate to the credit rating of the commonwealth; report on the impact of the authority’s debt and other financial obligations as they relate to the commonwealth’s capital plan and; a full accounting of all administrative costs borne by the authority, including but not limited to, debt service, banking fees, salaries and benefits paid to employees and outside contractors, all payments to law firms, outside consultants and legislative or executive agents, an inventory of all vehicles and rolling stock owned by the authority, a review of the authority’s real property holdings and its value and any other financial information related to the operation of the authority; and

(5) conduct oversight hearings with respect to investment, borrowing and other financial transactions made or entered into by state entities.

the commonwealth.

(b) Said chapter 304 is hereby further amended by striking out section

29 and inserting in place thereof the following section:

SECTION 29. The state treasurer and all quasi public entities and independent authorities shall submit a report on their borrowing practices beginning with fiscal year 2009 to the secretary of administration and finance, the state auditor, the chair of the finance advisory board established in section 97 of chapter 6 of the General Laws, the chairpersons of the senate and house committees on ways and means and the chairpersons of the senate and house committees on bonding, capital expenditures and state assets prior to June 30, 2009. The report shall include all transactions entered into during the 6 months immediately preceding the filing of the report. The report shall include: (1) a list of all transactions related to derivative financial products; (2) the terms and conditions of each derivative financial product transaction; (3) the parties involved in negotiating each derivative financial product transaction; (4) copies of all agreements entered into between the parties relative to derivative financial product transactions; (5) the financial impact of each transaction including, but not limited to, the interest rates, fluctuation in interest rates and payments associated therewith; and (6) a written rationale for the determination to enter into any such transaction. The report shall be signed under oath by the state treasurer or by the

chief financial officer of the quasi public entity or independent authority filing the report, and the secretary of administration and finance with respect to quasi public entities and independent authorities. For purposes of this section, “derivative financial products” shall mean financial instruments with values derived from or based upon the value of other assets or on the level of an interest rate index including, but not limited to, a call option on a bond, an interest rate swaptions, caps, floors, collars, inverse floaters, auction rate securities or any other financial transaction other than fixed-rate, long-term borrowing. As of the effective date of this act no quasi-public state entity or independent authority of the commonwealth shall be authorized to enter into any derivative financial 86 transaction as defined in this act except: (a) with respect to any transaction subject to any level of commonwealth credit support, a quasi-public state entity or independent authority of the commonwealth shall be authorized to enter into a derivative transaction upon request to the secretary of administration and finance, with the approval of the governor and treasurer of the commonwealth; and (b) with respect to any transaction not subject to any level of commonwealth credit support, a quasi-public state entity or independent authority of the commonwealth shall be authorized to enter into a derivative transaction upon request to the secretary of administration and finance, with the approval of the governor.”

AMENDMENT NO. 4

Ms. Callahan of Sutton moves to amend the bill by adding at the end the following additional section:-

“SECTION XX. Not more than one year following the passage of this act, and not less than once every five years thereafter, the Executive Office of Transportation and the Massachusetts Transportation and Infrastructure Authority shall facilitate an independent audit of all transportation systems within their jurisdiction.

Said audit shall be achieved through either a contract with an independent entity with demonstrable expertise, experience and capability to perform an audit of the scope and magnitude required, or through an interagency service agreement or similar mechanism entered into with the Auditor of the Commonwealth.

The purposes of said audit shall include, but not be limited to, the identification of unrealized potential cost savings and efficiencies, the evaluation of the efficiency of transportation systems, and the development of recommendations to capture savings and improve efficiencies.

The results of said audit shall be report to the clerks of the House and Senate in a timely manner after its completion.

AMENDMENT NO. 5

Representative Callahan of Sutton moves to amend the bill by adding the following section at the end thereof:-

SECTION XX. Section 182, Chapter 149 of the General Laws as so appearing, is hereby amended by inserting the following paragraph at the end thereof:-

“A special commission, to consist of 3 members of the senate, 3 members of the house of representatives, the secretary of state or his designee, the state auditor or his designee, the inspector general or his designee, the secretary of the executive off for administration and finance or her designee and the attorney general or her designee, is hereby established for the purpose of making an investigation and study of quasi-public agencies in the commonwealth, including but not limited to, the Massachusetts Turnpike Authority, Massachusetts Bay Transit Authority, Massachusetts Port Authority and the Massachusetts Transportation and Infrastructure Authority. Said commission shall examine the administrative, managerial and fiscal systems and the accountability of such agencies. Said commission shall consider issues of quasi-public agency governance, financial management practices, accounting, controls, and whether policies and procedures are in place to assure the integrity of quasi-public agency operations, expectations in law and general accepted accounting and management standards applicable to quasi-public agencies in the commonwealth. Said commission shall consider issues of accountability of quasi-public agencies to the commonwealth, including the executive and legislative branches and to the public. Said commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect by filing the same with the clerk of the senate on or before July 31, 2009.”

AMENDMENT NO. 6

Ms. Callahan of Sutton moves to amend the bill in SECTION 6, Section 7, on page 42 by inserting after the words “of chapter 4.” the following sentence:-

“The secretary shall be empowered to have all office directors under the Massachusetts Transportation and Infrastructure Authority to sign performance contracts that include achievement of specific strategic tasks and performance goals.”

AMENDMENT NO. 7

Ms. Callahan of Sutton moves to amend the bill in section 118, on page 168, by inserting after the word “Winthrop” the word “, Worcester”.

AMENDMENT NO. 8

Ms. Callahan of Sutton moves to amend the bill in section 6, section 2, section (b) on page 15 by inserting after the words “division thereof.” the following sentences:-

“Provided further, no authority board director shall have been a registered legislative agent, executive agent or lobbyist entity as defined in section 39 of chapter 3 for a period of at least 5 years prior to his appointment, no authority board director shall have been a member of the General Court or employee of the Executive branch or of the General Court for a period of 2 years prior to his appointment, and no authority board director shall have been employed by an organization that has business before the authority, or any predecessor agency or authority, for a period of at least 2 years prior to his appointment”

:and by further amending the bill in section 6, section 5, section (a) on page 36 by inserting after the words “the department” the following sentence:-

“Provided further, no director or manager of any office or department created within the authority charged with duties and responsibilities of the authority shall have been a registered legislative agent, executive agent or lobbyist entity as defined in section 39 of chapter 3 for a period of at least 5 years prior to his appointment, shall have been a member or employee of the general court or an employee of the executive branch for a period of 2 years prior to his appointment, and shall have been employed by an organization that has business before the authority, or any predecessor agency or authority, for a period of at least 2 years prior to his appointment.”

AMENDMENT NO. 9

MR. O’FLAHERTY of CHELSEA moves that House 4047 be amended, in section 137, in line 3416, by inserting after the word “bridge” the following:

“Provided, however, that the tolls collected from transit over or through the Maurice J. Tobin Memorial Bridge by private passenger vehicles registered in the city of Chelsea or the Charlestown neighborhood of the city of Boston shall not be greater than the tolls in effect for such vehicles at existing toll facilities on the bridge as of January 1, 2009, pursuant to the Resident Commuter Permit Program as provided under 740 CMR 11.03.”

AMENDMENT NO. 10

Intentionally blank.

AMENDMENT NO. 11

Mr. Costello of Newburyport moves to amend the bill by striking, in lines 2373 and 2374, Section 22 and inserting in place thereof the following new section: –

“SECTION 22. Section 29 of Chapter 22C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking, in lines 1 and 2, the words “Massachusetts Turnpike Authority” and inserting in place thereof the words “Massachusetts Surface Transportation Authority.”

Mr. Costello moves to further amend the bill by inserting the following new section:-

“SECTION. Section 61 of Chapter 22C of the General Laws is hereby repealed.”

AMENDMENT NO. 12

Intentionally blank.

AMENDMENT NO. 13

Mr. Rush of Boston moves to amend House, No. 4047 by inserting after SECTION 119, on page 174 at line 3058, the following section:—

“SECTION 119A. Section 110 of the acts of 1996 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— The personnel authorized under chapter 22C of the General Laws shall be the sole police authority of the General Edward Lawrence Logan international airport and shall have concurrent police authority with the local police force in all other Massachusetts port authority properties.”

AMENDMENT NO. 14

Mr. Rush of West Roxbury moves that House Bill 4047 be amended on page 55 by striking Section 15 in its entirety and inserting thereof the following new section:

The authority and its employees shall be subject chapter 150E and, for purposes of said chapter 150E, the authority shall be deemed to be an employer or public employer and a legislative body. The authority may designate a representative to act in its interest in labor relations matters with its employees. Rights and obligations under the most recent existing or expired collective bargaining agreements with respect to employees transferred to the authority and with respect to all employee organizations representing such employees at the time of transfer, except to the extent expressly inconsistent with this chapter, shall be assumed by, and imposed upon, the authority and employees transferred to the authority who are subject to such agreements shall continue to be represented by the employee organizations that are parties to such agreements. Existing bargaining units shall remain in full force and effect for those employees transferred to the authority except as may be provided for and/or determined under chapter 150E. Collective bargaining agreements in effect at the time of transfer shall continue in effect until their stated expiration date and successor negotiations shall be conducted and resolved between the authority and the employee organizations representing employees covered by such collective bargaining agreements in accordance with the chapter 150E and this chapter. The terms and conditions of expired collective bargaining agreements under renegotiation at the time of transfer shall be observed by the authority and the authority shall conclude and resolve negotiations for successor agreements with the employee organizations representing employees covered by such collective bargaining agreements in accordance with the said chapter 150E and this chapter.

Nothing in this section shall be construed as conferring upon the employees of the authority the right to strike, nor as detracting from the obligations of the authority and the employees to submit all grievances and other disputes to arbitration.

AMENDMENT NO. 15

Mr. Pignatelli of Lenox moves to amend the bill H4047 in Section 6, lines 1937 and 1954, by striking out the figures “7,000” and inserting in place thereof the following: “10,000

AMENDMENT NO. 16

Mr. Pignatelli of Lenox moves to amend the bill H4047 in Section 6, in line 1974, by inserting after the word “municipalities” the words “with populations less than 35,000”

AMENDMENT NO. 17

Mr. Pignatelli of Lenox moves to amend the bill H4047 in Section 134, lines 3321, 3323 and 3328 by striking out the figure “55” and inserting in place thereof the figure “60”.

AMENDMENT NO. 18

Mr. Pedone of Worcester moves to amend the bill by adding the following section:

“SECTION. The Secretary of EOT must develop and implement an energy conservation plan that includes the use of right of way and other state owned property to establish renewable energy programs, including the location of solar panels and wind turbines on these right of ways, to help offset the cost of electricity for state transportation facilities and operations.”

AMENDMENT NO. 19

Mr. Pedone of Worcester moves to amend the bill by adding the following section:

“SECTION. The MBTA, MassHighway, Massport and the Massachusetts Turnpike Authority must establish and implement renewable energy pilot programs and to provide electric power, heat, and other measures to reduce cost and encourage conservation at state transportation facilities.”

AMENDMENT NO. 20

Mr. Pedone of Worcester moves to amend the bill by adding the following section:

“SECTION. The Secretary of Administration and Finance, in cooperation with the secretary of EOT and EOEA, must establish a grant program using federal stimulus funds for cities and towns to encourage the development of renewable energy usage at Public Works Departments and Regional Transportation Agencies.”

AMENDMENT NO. 21

Floor amendment

Mr. Miceli of Wilmington moves the bill be amended by inserting after section 95 the following section:-

Section 95A. Section 3 of chapter 161A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking subsections (i) and (n) in its entirety and inserting in its place thereof the following subsections:¬(i) To provide mass transportation service, whether directly, jointly or under contract, on an exclusive basis, in the area constituting the authority and without being subject to the jurisdiction and control of the department of telecommunications and energy in any manner except as to safety of equipment and operations and, with respect only to operations of the authority with equipment owned and operated by the authority, without, except as otherwise provided in this chapter, being subject to the jurisdiction and control of any city or town or other licensing authority; provided, that schedules and routes shall not be considered matters of safety subject to the jurisdiction and control of said department. Except as otherwise provided in this chapter, the board shall determine the character and extent of the services and facilities to be furnished, and in these respects their authority shall be exclusive and shall not be subject to the approval, control or direction of any state, municipal or other department, board or commission, except (a) that such facilities must comply with local zoning ordinances and regulations with respect to any commercial, above ground sign advertising in or on such facilities and equipment, unless such sign (i) receives approval by the local governing body (ii) does not exceed the dimensions of the building or transit station or stop to which it is affixed (iii) is solely related to mass transportation services and operations or (iv) is affixed to a mobile transit vehicle or (b) where the advisory board is given authority as provided in this chapter. Nothing contained in this paragraph shall be construed as exempting any privately owned or controlled carrier, whether operating independently, jointly or under contract with the authority, from obtaining any license required under section 1 of chapter 59A.

(n) To sell, lease or otherwise contract for advertising in or on the facilities of the authority, except that such facilities must comply with local zoning ordinances and regulations with respect to any commercial, above ground sign advertising in or on such facilities, unless such sign (i) receives approval by the local governing body (ii) does not exceed the dimensions of the building or transit station or stop to which it is affixed (iii) is solely related to mass transportation services and operations or (iv) is affixed to a mobile transit vehicle. No structure shall be constructed with the purpose of circumventing the intent of this paragraph.

and be further amended by inserting after section 161 the following section:-

Section 161A. (a) The Massachusetts Bay Transportation Authority shall transfer all mass transportation facilities and equipment under its custody and control, the right to collect fare revenue for services in connection with such mass transportation facilities and equipment and all related assets, liabilities, expenses and obligations to the division of public transit in the Massachusetts Surface Transportation Authority not later than July 1, 20 II.

(b) Any commercial, above ground sign advertising in or on such facilities and equipment must comply with local zoning ordinances and regulations, unless such sign (i) receives approval by the local governing body (ii) does not exceed the dimensions of the building or transit station or stop to which it is affixed (iii) is solely related to mass transportation services and operations or (iv) is affixed to a mobile transit vehicle. No structure shall be constructed with the purpose of circumventing the intent of this paragraph.

(c) The transfer by the Massachusetts Bay Transportation Authority of the mass transportation facilities and equipment required in this section may be made pursuant to such other terms and conditions as may be acceptable to the transferor and the Massachusetts Surface Transportation Authority, but such terms shall be consistent with and authorized by chapter 161a of the General Laws and any trust agreement to which the Massachusetts Bay Transportation Authority is a party as of the effective date of this act.

(d) On July 1,2011, ownership, possession and control of the mass transportation facilities and equipment referred to in this section shall pass to and be vested in the Massachusetts Surface Transportation Authority without consideration or further evidence of transfer.

(e) All books, maps, papers, plans, records and documents of whatever description pertaining to the design, construction, operation and affairs of the mass transportation facilities and equipment which are in the possession of the Massachusetts Bay Transportation Authority on June 30, 2011, or which thereafter come into the possession of the Massachusetts Bay Transportation Authority shall be transferred and delivered for the Massachusetts Surface Transportation Authority to its use, ownership, possession and control.

(f) On July 1,2011, all proceeds of bonds, grants and other aid which are held by the Massachusetts Bay Transportation Authority on the effective date of this act shall then and thereafter be deemed to be held in trust for, and shall upon demand of the Authority be transferred to the Massachusetts Surface Transportation Authority to be applied to projects for which such bonds, grants or other aid were authorized. All proceeds of bonds, grants or other aid referred to herein, which shall be so held in trust and transferred upon demand, shall be in the amount as certified by the general manager of the Massachusetts Bay Transportation Authority to the state treasurer.

Co-Sponsors:

Rep. Keenan of Salem

Rep. Grant of Beverly

Rep. McMurtry of Dedham

Rep. Toomey Jr. of Cambridge

Rep. Dwyer of Reading

Rep. Wolf of Cambridge

Rep. Stanley of Lexington

Rep. Provost of Somerville

Rep Lewis of Winchester

Rep. Lantigua of Lawrence

AMENDMENT NO. 22

REPRESENTATIVE James M. Murphy of Weymouth moves that the bill be amended in section 131, page 186; by striking out section 131 in its entirety.

AMENDMENT NO. 23

REPRESENTATIVE James M. Murphy of Weymouth moves that the bill be amended in section 132, page 187; by striking out section 132 in its entirety.

AMENDMENT NO. 24

REPRESENTATIVE James M. Murphy of Weymouth moves that the bill be amended in section 133, page 188; by striking out section 133 in its entirety.

AMENDMENT NO. 25

REPRESENTATIVE James M. Murphy of Weymouth moves that the bill be amended in section 134, page 189; by striking out section 134 in its entirety.

AMENDMENT NO. 26

REPRESENTATIVE James M. Murphy of Weymouth moves that the bill be amended in section 135, page 189; by striking out section 135 in its entirety.

AMENDMENT NO. 27

Mr. Quinn of Dartmouth moves to amend the bill by adding the following section:

“SECTION. The Massachusetts Transportation and Infrastructure Authority shall be required on an annual basis to re-calculate the amount of city/town accepted roadway miles and shall re-distribute Chapter 90 funds based on actual city/town accepted roadway miles, population and employment figures pursuant to Chapter 90 of the General Laws.”

AMENDMENT NO. 28

Mr. Murphy moves that the bill (House, No. 4047), be amended by inserting at the end thereof the following new section:-

SECTION XX. (a) The Massachusetts Bay Transportation Authority shall transfer all mass transportation facilities and equipment under its custody and control, the right to collect fare revenue for services in connection with such mass transportation facilities and equipment and all related assets, liabilities, expenses and obligations to the division of public transit in the Massachusetts Surface Transportation Authority not later than July 1, 2011.

(d) On July 1, 2011, ownership, possession and control of the mass transportation facilities and equipment referred to in this section shall pass to and be vested in the Massachusetts Surface Transportation Authority without consideration or further evidence of transfer.

(f) On July 1, 2011, all proceeds of bonds, grants and other aid which are held by the Massachusetts Bay Transportation Authority on the effective date of this act shall then and thereafter be deemed to be held in trust for, and shall upon demand of the Authority be transferred to the Massachusetts Surface Transportation Authority to be applied to projects for which such bonds, grants or other aid were authorized. All proceeds of bonds, grants or other aid referred to herein, which shall be so held in trust and transferred upon demand, shall be in the amount as certified by the general manager of the Massachusetts Bay Transportation Authority to the state treasurer.

Mr. Murphy further moves that the bill (House, No.4047) be amended by inserting at the end thereof the following new section:-

SECTION XX. Section 3 of chapter 161A of the general laws is hereby amended by striking subsections (i) and (n) in its entirety and inserting in its place thereof the following subsections:-

(i) To provide mass transportation service, whether directly, jointly or under contract, on an exclusive basis, in the area constituting the authority and without being subject to the jurisdiction and control of the department of telecommunications and energy in any manner except as to safety of equipment and operations and, with respect only to operations of the authority with equipment owned and operated by the authority, without, except as otherwise provided in this chapter, being subject to the jurisdiction and control of any city or town or other licensing authority; provided, that schedules and routes shall not be considered matters of safety subject to the jurisdiction and control of said department. Except as otherwise provided in this chapter, the board shall determine the character and extent of the services and facilities to be furnished, and in these respects their authority shall be exclusive and shall not be subject to the approval, control or direction of any state, municipal or other department, board or commission, except (a) that such facilities must comply with local zoning ordinances and regulations with respect to any commercial, above ground sign advertising in or on such facilities and equipment, unless such sign (i) receives approval by the local governing body (ii) does not exceed the dimensions of the building or transit station or stop to which it is affixed (iii) is solely related to mass transportation services and operations or (iv) is affixed to a mobile transit vehicle or (b) where the advisory board is given authority as provided in this chapter. Nothing contained in this paragraph shall be construed as exempting any privately owned or controlled carrier, whether operating independently, jointly or under contract with the authority, from obtaining any license required under section 1 of chapter 59A.

AMENDMENT NO. 29

Amendment #5

Representatives Walz and Rushing of Boston move to amend the bill in section 6 by inserting after section 51 of chapter 6C, after line 1765, the following new section:

“Section XX: Notwithstanding any general or special law to the contrary, the owner, licensee, permittee or holder of an easement, contract or other right, in this section called the air rights user, of or with respect to any structure, including bridges, located above the established grade line of the turnpike, the Ted Williams tunnel, the central artery north area and the central artery, as those terms are defined in this chapter, are hereby required to maintain, repair, restore, reconstruct, rehabilitate, or improve air rights structures and air space at such air rights user’s expense in accordance with the requirements of the division’s policy directive entitled “Tunnel Inspection and Testing Protocol for Roadways Covered by Air Rights Developments,” effective as of December 14, 2007, as the same may be modified and/or amended by the division from time to time, and with any directives issued by the division in connection with such policy. Without limiting the generality of its other powers, the division may do all things necessary, convenient or desirable to enforce this paragraph, to maintain, repair, restore, reconstruct, rehabilitate or improve air rights structures and air space at the air rights user’s expense, to enter upon the property of an air rights user to exercise any of the foregoing powers and such entry shall not be deemed trespass nor shall an entry for such purposes be deemed an entry for condemnation proceedings which may be then pending, to impose a civil penalty in an amount of up to $5,000 per day on an air rights users for failure to comply with this paragraph, which penalty may be recovered only after notice and hearing conducted by the division or its designee and subject to judicial review and enforcement pursuant to chapter 30A of the General Laws or such other civil proceedings as may be authorized by state or federal law. The full amount of any civil penalty shall be paid to the commonwealth. Nothing in this paragraph shall abrogate any private right created by contract or otherwise.”

AMENDMENT NO. 30

Amendment #4:

Representative Walz of Boston moves to amend the bill in section 140, in line 3495, by striking out the following “and land thereunder”

And in said section 140, in line 3496, by striking out the following “and land thereunder”

And in said section 140, in line 3497, by striking out the following “and appurtenant facilities, works and systems related thereto”

AMENDMENT NO. 31

Amendment #2

Representative Walz of Boston moves to amend the bill in section 139 (b), in line 3451, by striking out the words “and agreed to by the division”

AMENDMENT NO. 32

Amendment #3

Representative Walz of Boston moves to amend the bill in section 139 (b), in line 3451, by inserting about the words “and agreed to by the division” the following words “, which agreement shall not be unreasonably withheld,”

AMENDMENT NO. 33

Representative Callahan of Sutton moves to amend the bill by adding the following section:-

“SECTION XX. (a) There shall be a toll advisory board to the authority consisting of a voting representative of at least 20 different cities and towns which border the Massachusetts Turnpike and Tobin Bridge. The board membership shall be distributed equitably across counties bordering the Massachusetts Turnpike and Tobin Bridge. Each voting representative shall cast one vote on the advisory board.

(b) The advisory board shall without limitation: (i) make recommendations to the authority on toll increases or decreases; (ii) toll discounts and Fast Lane incentives; (iii) erection or removal of toll plazas; (iv) service plaza contracts; (v) make recommendations to the authority on the annual budget; (vi) hold hearings, which may be held jointly with the authority at the discretion of the advisory board and said authority, on matters relative to said authority; (vii) review the annual report of the authority and to prepare comments thereon to the authority and the governor, and to make such examinations of the reports on the authority’s records and affairs as the advisory board deems appropriate; and (viii) make recommendations to the governor and the general court respecting the authority and its programs. The advisory board shall have all powers necessary or convenient to carry out and effectuate the foregoing purposes.

(c) Within 30 days of a proposed change to toll increases or decreases, toll discounts and Fast Lane incentives, or erection or removal of toll plazas, the advisory board shall hold a public hearing on said matter(s), for subsequent report to the authority the views of the public thereon.

(d) The advisory board may incur annual expenses, not to exceed $500,000 for expenses for personnel and office expenses. Said annual expenses shall be paid by the authority.

(e) The authority shall provide any information, including but not limited to, annual budget, requested by the advisory board which are necessary for the discharge of its duties.”

AMENDMENT NO. 34

AMENDMENT 34 IS INTENTIONALLY BLANK.

AMENDMENT NO. 35

Mr. Costello of Newburyport moves to amend the bill by striking , in its entirety, Section 22 and inserting in place thereof the following new sections: –

SECTION 22. Section 29 of Chapter 22C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking, in lines 1 and 2, the words “Massachusetts Turnpike Authority: and inserting in place thereof the words “Massachusetts Transportation and Infrastructure Authority.”;

Said chapter of said section is hereby further amended by inserting, in line 3, after the word “authority” the following words:- “on the Turnpike and the Metropolitan Highway System.”;

Said chapter of said section is hereby further amended by striking, in line 28, the word “chairman” and inserting in place thereof the word “Secretary.”

SECTION 22 1/2 . Section 61 of Chapter 22C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking, in lines 1 and 2, the words “Massachusetts Turnpike Authority” and inserting in place thereof the words:- “Massachusetts Transportation and Infrastructure Authority.”

AMENDMENT NO. 36

Ms. Polito of Shrewsbury moves to amend the bill by adding after line 3918 and Section 171 the following new section: –

SECTION XXX. Notwithstanding the provisions of any general or special law to the contrary, there will be no toll increases imposed without the affirmative votes of both the House and Senate by a call of the yeas and nays.

AMENDMENT NO. 37

Mr. Basile of East Boston moves to amend the bill in section 14 subsection A line number 949 by inserting after the word “turnpike;” the words “provided, however, that the authority may not charge or collect a toll for transit through the Callahan tunnel, the Sumner tunnel or the Third Harbor tunnel by official emergency vehicles of the commonwealth or any municipality, political subdivision or instrumentality thereof; provided, further, that the authority may not charge and collect tolls for transit through the Callahan tunnel, the Sumner tunnel or the Third Harbor tunnel by private passenger vehicles registered in the East Boston section of the city of Boston or the South Boston section of the city of Boston, as the Boston transportation department has determined the geographical boundaries of said sections, that are greater than the tolls in effect for such East Boston vehicles at existing tunnel toll facilities on the effective date of section 14 of chapter 102 of the acts of 1995; and provided, further, that the authority may not charge and collect tolls for transit through the Callahan or Sumner tunnels to private passenger vehicles registered in the North End section of the city of Boston, as the Boston transportation department has determined the geographical boundaries of such section, that are greater than the tolls in effect for such transit through either the Sumner tunnel or Callahan tunnel for such vehicles on the effective date of section 14 of chapter 102 of the acts of 1995; provided further, that the authority shall continue operation of the 50 per cent toll discount program approved by the Massachusetts Turnpike Authority board of directors in open meeting on June 28, 2002 for account holders who participate in the authority's electronic toll collection system.”

AMENDMENT NO. 38

Mr. Frost of Auburn and Mr. Peterson of Grafton moves to amend House Bill 4047 by inserting after SECTION 162, contained in lines 3893 to 3897, inclusive, the following new section:-

SECTION XX. Notwithstanding any general or special law to the contrary, the Massachusetts Turnpike Authority, or any successor authority or agency, shall conduct an audit of its records of the electronic toll collection system and repay an account holder who has been overcharged during the period commencing as far back as records are kept whether the holder has requested payment. Pending said audit, the Massachusetts Turnpike Authority, or any successor authority or agency shall extend the time permissible for an account holder to dispute an overcharge of the electronic toll collection system to a period of 3 years from the time of the overcharge unless the Turnpike authority, or any successor authority or agency, chooses to extend the disputing time frame longer than 3 years.

AMENDMENT NO. 39

Ms. Polito of Shrewsbury moves to amend the bill by adding after line 3918 and Section 171 the following new section: –

SECTION XXX. Notwithstanding the provisions of any general or special law to the contrary, there will be no toll increases imposed on the portion of the Massachusetts Turnpike west of Route 128 without the affirmative votes of both the House and Senate by a call of the yeas and nays.

AMENDMENT NO. 40

Ms. Polito of Shrewsbury moves to amend the bill by adding after line 3918 and Section 171 the following new section: –

SECTION XXX. An inventory of the assets of the Massachusetts Turnpike Authority shall be filed with the chairs of the House and Senate Committees on Ways and Means in addition to the clerks of both branches within thirty days of the passage of this Act.

AMENDMENT NO. 41

Ms. Polito of Shrewsbury moves to amend the bill by adding after line 3918 and Section 171 the following new section: –

SECTION XXX. Chapter 32 of the General Laws, is hereby amended by inserting after section 22 the following section:-

Section 23. The provisions of this chapter relating to defined benefit plans shall not apply to any employee of the Massachusetts Bay Transportation Authority and the Massachusetts Transportation and Infrastructure Authority hired after October 1, 2009. They shall be covered by a defined contribution system with the state, county, city or town providing a 7 per cent match. Any employee not vested as of October 2, 2009 may elect to participate in the defined contribution system and associated accrued defined benefits may be transferred to the defined contribution system with state, county, city, or municipal 7 per cent match. Disability pensions shall continue for such employees who sustain job related injuries that prohibit them from performing work in any gainful capacity. Disability pensions shall be based on the regular salary of the employee and not that of any employee he is filling in for. All pension funds shall be managed by the PRIM board.

AMENDMENT NO. 42

Ms. Polito of Shrewsbury moves to amend the bill by adding after line 3918 and Section 171 the following new section: –

SECTION XXX. The Massachusetts Transportation and Infrastructure Authority must report to the chairs of the House and Senate Committees on Ways and Means in addition to the clerks of both branches within ninety days of the passage of this Act the number of employee positions and employees reduced as a result of the consolidation. After this initial report the Authority will continue to report to these committees annually on the 1st of July, the number of employees within the Authority.

AMENDMENT NO. 43

Ms. Polito of Shrewsbury moves to amend the bill by adding after line 3918 and Section 171 the following new section: –

SECTION XXX. The Massachusetts Transportation and Infrastructure Authority and the Massachusetts Bay Transportation Authority must report their monthly operations to the Committees on Ways and Means by the first day of each month detailing their operations for the preceding month.

AMENDMENT NO. 44

Representative Murphy of Weymouth recommends that the bill be amended after Line Number 3064 of Section 120 by adding the following section: Section 120A: Line Item 6033-0800 of Chapter 233 of the acts of 2008 be amended by adding after the word “consultants”: provided further, that not less than $3,000,000 shall be expended on the construction of a sound barrier for the purpose of abating noise from the Greenbush commuter rail along Commercial Street in Weymouth.

AMENDMENT NO. 45

Mr. Evangelidis of Holden moves to amend the bill in Section 71 lines 2719-2720 by striking the words “shall be deposited into the General Fund” and inserting the following:-

“shall be used for the benefit of Soldiers Home in Chelsea and Holyoke.”

AMENDMENT NO. 46

Intentionally blank.

AMENDMENT NO. 47

Mr. Falzone of Saugus moves to amend the bill on page 29 in section 35 by inserting the following after the word "chapter;"

Aug 31 2005 05:58 May 28, 2007

“construction inspection functions” including construction engineering, contract administration, quality control inspection, materials testing, and resident engineer functions shall be done by Authority employees."

AMENDMENT NO. 48

MISS REINSTEIN of REVERE moves that House 4047 be amended, in section 137, in line 3416, by inserting after the word “bridge” the following:

“Provided, however, that the tolls collected from transit over or through the Maurice J. Tobin Memorial Bridge by private passenger vehicles registered in the city of Revere shall not be greater than the tolls in effect for such vehicles at existing toll facilities on the bridge as of January 1, 2009, pursuant to the Resident Commuter Permit Program as provided under 740 CMR 11.03.”

AMENDMENT NO. 49

Rep. Bowles of Attleboro moves that at the end of Section 6.6 (b), just prior to section (c), the following paragraph be inserted between line 703 and 704:

Co-sponsors: Rep. Rosemary Sandlin of Agawam, Rep. Jim Cantwell of Marshfield, Rep. Martin Walsh of Dorchester, Rep. Marie St. Fleur of Boston, Rep. Thomas Golden of Lowell, Rep. Anne Gobi of Spencer, Rep. Stephen Canessa of Freetown.

In addition to the performance objectives and measurements listed in this section, design and construction projects shall identify key milestones and tasks associated with said project, and report on a monthly basis listing the percent complete for each milestone/task along with the planned percent complete, as well as the actual cost expended for each milestone/task compared to the planned cost shall be generated, and submitted to the next higher level of management. Any deviation of greater than 7% from the planned schedule or planned cost shall be explained in a monthly report to the next level of management with a reason for the difference, as well as the plan to get back on schedule or budget. In the event the cost or schedule deviation results in the scenario where the project cannot recover and the project will be over budget or late, approval to revise the project plan must be obtained from management, and the joint Committee on Ways and Means and Transportation must be notified.

AMENDMENT NO. 50

Mr. Kulik or Worthington moves to amend the bill in section 6, in subsection 3, by inserting in clause (a)(7), after the words “integrated transportation”, the following text:- “working in coordination with the regional planning agencies”;

And in said section 6, in subsection 3, by inserting in clause (a)(9), after the words “pursuant to clause (7), the following text:- “working in coordination with the regional planning agencies”;

And in said section 6, in subsection 10, in the first paragraph, by striking out, after the words “regional planning agencies in the commonwealth” the word ", and" and inserting in place thereof the following word: - “which”;

And in said section 6, in said subsection 10, at the end of the third paragraph, by inserting, after the words “promote sustainable transportation” the following text: - “working in coordination with the regional planning agencies and the metropolitan planning organization”.

AMENDMENT NO. 51

Mr. Scaccia of Boston moves to amend the bill by striking out SECTION 139 (b) and

inserting in place thereof the following section:-

“ (b) Any alteration, reconstruction, redesign, maintenance, improvement or repair of the bridges and appurtenances transferred by this act shall be carried out according to standards to protect the scenic and historic integrity of the bridges and related infrastructure. Such standards shall be developed by the department of conservation and recreation in consultation with the Massachusetts Historical Commission and agreed to by the division not later than 120 days from the effective date of this act. “

AMENDMENT NO. 52

Authorizing the Conveyance of a Mass Highway Garage to the Town of Lee

Mr. Pignatelli of Lenox moves that H4047 be amended by inserting after Section 153 the following section 153A:-

Notwithstanding any general or special law to the contrary, the commissioner of the division of capital asset management and maintenance shall, in consultation with the commissioner of the Massachusetts highway department, convey without consideration the highway maintenance facility located on Rt. 102 in the town of Lee to the town of Lee for the purposes of using the facility as a municipal highway garage. The commissioner of the division of capital asset management and maintenance shall begin this process no longer than 90 days after the reorganization of the Massachusetts highway department and the Massachusetts turnpike authority into one agency commences. If at any time the town of Lee discontinues using said facility as a municipal highway garage the facility shall revert back to the state transportation agency.

AMENDMENT NO. 53

Mr. Brownsberger of Belmont moves to amend the bill, H 4047), in section 6, by striking subsection 2(b), lines 236-250, and inserting in place thereof the following subsection:-

“(b) The authority shall be governed and its corporate powers exercised by a board of directors. The authority shall consist of the governor, who shall serve as chairperson, and 6 additional members appointed by the governor for a term of 3 years, 2 of whom shall be experts in the field of public or private transportation finance; 2 of whom shall have practical experience in transportation planning and policy, one of whom shall be nominated by the metropolitan area planning council and one of whom shall me nominated by the massachusetts association of regional planning agencies, provided that the member does not reside in a municipality that is a member of the metropolitan area planning council; 1 of whom shall be a representative of an environmental organization and 1 of whom shall be a registered civil engineer with at least 10 years experience. Any person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. Any member shall be eligible for reappointment. Any member may be removed from his appointment by the governor for cause. The board shall annually elect 1 of its members to serve as vice-chairperson and 1 to serves as treasurer. The Governor may appoint a designee pursuant to section 6A of chapter 30; provided, however that said designee shall not be an employee of the authority, department or any division thereof.”.

AMENDMENT NO. 54

Representative Malia of Boston moves to amend the bill in section 6, in line 261, by inserting after the words “permissible under chapter 268A” the following: -

“Each meeting shall provide a sufficient opportunity for public comment. The agendas for each meeting shall be posted online at least 24 hours before the meeting and written materials provided to directors for the meeting shall be available at the meeting for the public.”

AMENDMENT NO. 55

Representative Malia of Boston moves to amend the bill by striking out section 96 and inserting in place thereof the following section: -

“SECTION 96. Chapter 161A of the General Laws, as so appearing, is hereby amended by striking out section 7 and replacing it with the following section:-

Section 7. The authority shall be governed and its corporate powers exercised by a board of directors. The authority shall consist of the governor, who shall serve as chairperson, and 4 additional members appointed by the governor for a term of 3 years, 2 of whom shall be experts in the field of public or private transportation finance; 1 of whom shall have practical experience in transportation planning and policy; and 1 of whom shall be a registered civil engineer with at least 10 years experience. The membership of the Board shall include at least one person experienced in environmental protection, and at least one person who is an MBTA rider. The MBTA rider member shall be a resident of the area constituting the authority and shall use authority transit services regularly. Any person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. Any member shall be eligible for reappointment. Any member may be removed from his appointment by the governor for cause. The Governor may appoint a designee pursuant to section 6A of chapter 30. A majority of the directors shall constitute a quorum, which shall be required to take any particular action. The directors shall meet monthly, provided that said meeting shall occur no later than the fifteenth day of the month. Each meeting shall provide a sufficient opportunity for public comment. The agendas for each meeting shall be posted online at least 24 hours before the meeting. Written materials provided to directors for the meeting shall be available at the meeting for the public.”

AMENDMENT NO. 56

Mr. Smizik of Brookline hereby moves that House 4047 be amended by adding at the end thereof the following section:-

SECTION XX. Green Roads Study Commission.

Section 1. There is hereby established a special commission, to be referred to as the Green Roads Commission, for the purpose of making an investigation and study relative to the creation of a statewide, interagency, interdisciplinary Green Roads Plan to revitalize roadways throughout the Commonwealth through the implementation of sustainable road construction practices. The Green Roads Commission shall consist of 15 members, 2 of whom shall be appointed by the Speaker of the House of Representatives, 2 of whom shall be appointed by the Senate President, and 11 of whom shall be appointed by the Governor, including the Secretary of the Department of Transportation, who shall serve as the chairperson; the Undersecretary of Transportation for Highways, the Director of the Office of Transportation Planning; the Secretary of the Executive Office of Energy and Environmental Affairs; the Commissioner of the Massachusetts Department of Environmental Protection; the Commissioner of the Department of Energy Resources; 1 member from the Metropolitan Area Planning Council; 1 member of an environmental advocacy group with experience in experience in transportation planning; 1 member representing the road construction industry; 1 member representing the electricity generation industry; and 1 member representing the alternative surface transportation fuels industry.

Section 2. The Green Roads Commission, as part of its review, analysis and study, shall focus on and consider the economic and technical feasibility, benefits, and potential drawbacks of the following issues and proposals, including an analysis of how they may aid the Commonwealth in achieving its goals as established in Chapter 21N of the General Laws and Chapter 169 of the Acts of 2008:

(i) The implementation of advanced surface roadways materials on state and municipal highways and roads;

(ii) The replanting of native vegetation alongside roadways after roadway construction or expansion;

(iii) The siting of clean energy production facilities along and on the side of roadways;

(iv) The redesign and rebuilding of service stations both at rest stops along roadways and in surrounding communities to accommodate advanced fuels, advanced fuel vehicles, and alternative technology vehicles;

(v) The powering of all roadside, rest stop, and service station lighting with renewable energy generated onsite; and

(vi) The redesign of service stations to include grey water and water reuse and recapture facilities.

Section 3. The commission shall submit its findings, together with any legislation necessary to implement its findings, to the Clerks of the House of Representatives and the Senate by no later than December 31, 2010.

AMENDMENT NO. 57

Mr. Smizik of Brookline hereby moves that House 4047 be amended by inserting, in line 885, after the word “pollutants”, the following words:-

to prepare for climate change adaptation,

AMENDMENT NO. 58

Mr. Smizik of Brookline hereby moves that House 4047 be amended by adding, in line 849, at the end of the paragraph, the following sentence:-

Such planning shall include comprehensive climate change adaptation planning to ensure that the commonwealth’s transportation infrastructure is designed to tolerate increased environmental stress due to climate change, including, but not limited to increased temperatures, increased stormwater runoff, and extreme weather events.

AMENDMENT NO. 59

Mr. Smizik of Brookline hereby moves that House 4047 be amended by inserting, in line 852, after the words “consideration for” the following words:-

and implementation of measures that facilitate

AMENDMENT NO. 60

Representatives Rushing of Boston and Walz of Boston move to amend the bill in section 6 by inserting after section 51 of Chapter 6C, after line 1765, the following new section:

Section XX: Leasing of air rights and land; taxation

(a) In addition to any other power the division may have to make leases, the division may lease at one time or from time to time for terms not to exceed ninety-nine years, upon such terms and conditions as the division in its discretion deems advisable, air rights over land owned or held by the division in connection with the turnpike and the Boston extension portion of the turnpike, including rights for support, access, utilities, light and air, for such purposes as, in the opinion of the division, shall not impair the construction, full use, safety, maintenance, repair, operation or revenues of the turnpike; provided, however, that any such lease for a period of forty years or more shall be subject to the approval of the governor. Any lease granted under this section may, with the consent of the division, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action.

(b) The division shall not lease any air rights in a particular location unless it shall find that the construction and use of buildings or other things to be erected or affixed pursuant to any such lease shall be in no way detrimental to the maintenance, use and operation of the turnpike and, in the city of Boston, unless the division shall also find, after consultation with the mayor that the construction and use of such buildings or other things shall preserve and increase the amenities of the community.

(c) The construction or occupancy of any building or other thing erected or affixed under any lease under this section of air rights shall be subject to the building, fire, garage, health and zoning laws and the building, fire, garage, health and zoning ordinances, by-laws, rules and regulations applicable in the city or town in which such building or other thing is located.

(d) Neither such air rights nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the division under any general or special law; provided, however, that buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that no part of the value of the land shall be included in any such assessment; and provided, further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such real estate is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns.

The authority shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town wherein such building or other thing leased is located, a sum of money in lieu of taxes which would otherwise be assessed for such year.

(e) In addition to any other power the division may have to make leases, the division may lease at one time or from time to time for terms not to exceed ninety-nine years, upon such terms and conditions as the division in its discretion deems advisable, land owned by the division and no longer required for the maintenance, repair, reconstruction, improvement, use, administration or operation of the turnpike or the Boston extension of the turnpike; provided, however, that any such lease for a period of forty years or more shall be subject to the approval of the governor. A lease granted under this section may, with the consent of the division, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action.

(f) The division shall not lease any land in a particular location unless it shall find that the construction and use of buildings or other things to be erected or affixed pursuant to any such lease shall be in no way detrimental to the maintenance, use and operation of the turnpike and, in the city of Boston, unless the division shall also find, after consultation with the mayor that the construction and use of such buildings or other things shall preserve and increase the amenities of the community.

(g) The construction or occupancy of any building or other thing erected or affixed under any lease under this section of land shall be subject to the building, fire, garage, health and zoning laws and the building, fire, garage, health and zoning ordinances, by-laws, rules and regulations applicable in the city or town in which such building or other thing is located.

(h) Neither such land nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the division under any general or special law; provided, however, that such land and buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such land is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns.

The division shall include in any lease of such land a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town in which such leased land is located a sum of money in lieu of taxes which would otherwise be assessed for such year.

(i) A copy of all leases granted by the division under this section shall be filed by the division with the governor and with the mayor or chairperson of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of chapter sixty-six.

AMENDMENT NO. 61

Mr. Brownsberger of Belmont moves to amend the bill H4047, in section 96, by inserting, in line 2837, after the words “transportation planning and policy” the following text:- “and who shall be nominated by the metropolitan area planning council”.

AMENDMENT NO. 62

Intentionally blank.

AMENDMENT NO. 63

Mr. Costello of Newburyport moves to amend the bill by inserting the following new section at the end thereof:-

SECTION. Section 3 of Chapter 22C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after Section 3, the following new section:-

Section 3A. (a) The Colonel shall have full responsibility and primary jurisdiction for the administration and enforcement of the laws, and for the investigation of traffic accidents, on all state roads and state highways. (b) State police officers shall have full responsibility and primary jurisdiction for the administration and enforcement of the laws and regulations of the Commonwealth, arising out of any incident occurring on state roads and state highways. Municipal police officers, while engaged primarily in general law enforcement duties, may incidentally enforce state and local traffic laws and ordinances on state roads and highways. (c) The Colonel shall assume the duties and responsibilities of providing protection to state property and employees.

AMENDMENT NO. 64

Mr. Sullivan of Fall River moves to amend the bill in Section 6, line 827, by inserting after the word “practicable” the following: “Said plan shall include an analysis of the operation of each regional transit authority, with the purpose of identifying ways in which each regional transit authority can improve efficiency of existing service, and provide new or expanded services to the communities. The analysis shall include an examination of the ridership per vehicle in each regional transit authority to determine the feasibility of converting fleets from large buses to smaller, more energy-efficient vehicles. The analysis shall identify the potential reduction in operating costs that such a conversion could provide for each regional transit authority, and shall outline the ways in which costs savings attained by this conversion could then be applied to improve service by expanding service areas and increasing hours of service.”

AMENDMENT NO. 65

Amendment Permitting Additional Tolls

Ms. Dykema, Mr. Linsky, Ms. Peisch, Mr. Fernandes, Mr. Sannicandro, Ms. Atkins, Mr. Conroy, Ms. Grant, Ms. Gregoire and Ms. Richardson move to amend House document 4047, by adding the following language after line 2311 in Section 7:

Section 3 (48) Nothing in this act shall be interpreted to limit the authority’s ability to install additional tolls on roadways within the Commonwealth.

AMENDMENT NO. 66

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4047 by inserting after SECTION 20, contained in lines 2366 to 2369, inclusive, the following new section:-

SECTION XX. Subparagraph (C) of section 2 of chapter 21J of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking the sentence contained in lines 41-43, inclusive, and inserting in place there of the following:- “The department shall deposit all receipts collected pursuant to this section as follows: (i) 40 percent shall be deposited into the General Fund; and (ii) 60 percent shall be deposited into the Capital Employees Transition Fund, established pursuant to section 2AAAA of chapter 29.

And further, by inserting after SECTION 31, contained in lines 141 to 143, inclusive, the following new section:-

SECTION XX. Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 2ZZZ the following section:-

Section 2AAAA. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Capital Employees Transition Fund, hereinafter referred to as the fund, which shall be administered by the department of transportation. There shall be credited to the fund: (a) 60 percent of all receipts collected pursuant to section 2 of chapter 21J; and (b) any appropriations authorized by the general court. Amounts credited to the fund shall be expended by the department, in addition to any revenues appropriated by the general court from the Commonwealth Transportation Fund, for the purpose of paying for a portion of the department’s operating costs that would have otherwise been paid by bond proceeds. Operating costs may include, but shall not be limited to, the full-time personnel expenses of the department, as well as any expenses incurred by the department as part of its normal operations. The comptroller shall certify payments, including payments during the accounts payable period, in anticipation of revenues from the fund for the purpose of making authorized expenditures; provided however, that no expenditure shall cause the fund to be in deficit at the end of a fiscal year.

AMENDMENT NO. 67

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4047 by inserting at the end thereof the following new section:-

SECTION XX. Notwithstanding any special or general law to the contrary, not less than five per cent of the existing total yearly capital budget of the commonwealth, for the next five years, shall be set aside and utilized for debt remediation at the commonwealth’s transportation agencies and authorities. In order to achieve said remediation the secretary of administration and finance shall pursue all available options for refinancing existing debt at the Massachusetts Turnpike Authority, along with any debt inherited by any successor authority thereto, and the Massachusetts Bay Transit Authority using the aforementioned set aside capital budget in the form of notes and bonds issued by the treasurer of the commonwealth for terms not to exceed 20 years. Each year the secretary shall report to the clerks of the house and senate, the chairs of the joint committee on transportation, the chairs of the house and senate committees on bonding, capital expenditures and state assets, and the chairs of the house and senate committees on ways and means, not later than August 31 of each year, the total dollar amount of the capital budget that has been set aside, the portion of which has been utilized for transportation debt remediation and the amount of outstanding debt at the affected authorities.

AMENDMENT NO. 68

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4046 by inserting at the end thereof the following new section:-

SECTION XX. Notwithstanding any general or special law to the contrary, when all notes and bonds issued by the Massachusetts turnpike authority relating to the turnpike and payable from turnpike revenues, as defined by section 1 of chapter 6C, have been paid or a sufficient amount for the payment of all such notes or bonds and the interest thereon, to the maturity thereof, shall have been set aside in trust for the benefit of the holders of such notes or bonds and the turnpike is deemed to be in good condition and repair to the satisfaction of the division of highways, the turnpike shall thereafter be operated and maintained by the highway department free of tolls.

AMENDMENT NO. 69

SECTION XX. Notwithstanding any general law or special law to the contrary, the Massachusetts Transportation and Infrastructure Authority, the Department of Transportation, or any subdivision thereof, is hereby prohibited from exploring or collecting new tolls on any highway or road, or any portion thereof, except along the Turnpike, Metropolitan highway system, or the Tobin memorial bridge, as defined by section 1 of chapter 6C of the General Laws, without express authorization of the Legislature.

AMENDMENT NO. 70

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4046 by inserting after SECTION 88 the following new section:-

SECTION XX. Chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after Section 40 the following new section:-

Section 40A. (a) Notwithstanding any general or special law to the contrary, the division of occupational safety shall apply federal occupational and health standards applicable to private sector employees to employees of the commonwealth and its political subdivisions. Such standards shall include all statutory and regulatory requirements enforced by the Occupational Safety and Health Administration with respect to private sector employees, including, without limiting the generality of the foregoing, the general duty clause.

Nothing herein shall affect any state standard that exceeds the standards applied by the Occupational Health and Safety Administration.

(b) The division shall have authority to conduct investigations. The commissioner shall have authority to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of documents.

AMENDMENT NO. 71

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4047 by inserting after subsection (d) of SECTION 121, contained in lines 3133 to 3141, inclusive, the following new subsection:-

(e) Prior to any transfer of assets owned by the Massachusetts turnpike authority, the undersecretary of the division of highways, in consultation with the Treasurer of the commonwealth and the executive director of the pension reserves investment management board, shall study and assess current market value of real property under the ownership, possession, and control of the Massachusetts turnpike authority, including but not limited to, any land or buildings, and determine whether such assets are surplus to the operation of the Turnpike or Metropolitan highway system, as defined by section 1 of chapter 6C, and whether such assets present the potential to meet the pension fund’s assumed rate of return for investments. Any such assets deemed to be both surplus and as presenting the potential to meet the pension fund’s assumed rate of return for investments, prior to being transferred to the division, may be purchased at the current market value by the pension fund, subject to the approval of the undersecretary of the division of highways and the pension reserves investment management board. Any proceeds generated from such a sale shall be deposited in the Massachusetts Transportation and Infrastructure Fund, established pursuant to section 4 of chapter 6C.

AMENDMENT NO. 72

SECTION 5. Chapter 7 of the General Laws is hereby amended by adding the following 14 sections:

Section 57. As used in sections 57 to 70, inclusive, the following words shall have the

following meanings, unless the context clearly requires otherwise:- (a) “Affected jurisdiction”, any city or town, or other unit of government within the commonwealth in which all or part of a transportation facility is located or any other public entity directly affected by the transportation facility.

“Architectural and engineering services”,: (1) professional services of an architectural or

engineering nature, as defined by applicable state law, which are required to be performed or approved by a person licensed, registered or certified to provide such services as described in this definition; (2) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration or repair of real property; and (3) such other professional services of an architectural or

engineering nature, or incidental services, which members of the architectural and engineering professions and employees thereof may logically or justifiably perform, including: studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering,

construction phase services, soils engineering, drawing reviews, preparation of operating and

maintenance manuals and other related services.

“Authority”, the Massachusetts Transportation and Infrustructure Authority.

“Construction”, the process of building, altering, repairing, improving or demolishing

any transportation facility, including any structure, building or other improvements of any kind

to real property. “Construction” shall not include the routine operation, routine repair or routine

maintenance of any existing transportation facility, including structures, 393 buildings or real

property.

“Force majeure”, an uncontrollable force or natural disaster not within the power of the operator or the commonwealth.

“Contract”, any agreement, including a public-private agreement for the procurement, operation or disposal under sections 57 to 70, inclusive, of a transportation facility by the authority.

“Contract modification”, any written alteration in specifications, delivery point, rate of

delivery, period of performance, price, quantity or other provisions of any contract accomplished

by mutual action of the parties to the contract.

“Contractor”, any person having a contract with the authority under sections 57 to 70,

inclusive.

“Cooperative purchasing”, procurement conducted by, or on behalf of, an affected

jurisdiction.

“Design-build-finance-operate-maintain”, a project delivery method in which the authority enters into a single contract for design, construction, finance, maintenance and operation of a transportation facility over a contractually defined period. No public funds shall be appropriated to pay for any part of the services provided by the contractor during the contract period.

“Design-building-operate-maintain”, a project delivery method in which the authority enters into a single contract for design, construction, maintenance and operation of a transportation facility over a contractually defined period. All or a portion of the funds required to pay for the services provided by the contractor during the contract period shall either be appropriated by the commonwealth or by the authority prior to award of the 416 contract or secured by the commonwealth or by the authority through fare, toll or user charges.

“Design requirements”, the written description of the transportation facility or service to

be procured under sections 57 to 70, inclusive, including:

(1) required features, functions, characteristics, qualities and properties required by the

authority;

(2) the anticipated schedule, including start, duration and completion; and

(3) estimated budgets as applicable to the specific procurement for design, construction,

operation and maintenance; provided, however, that design requirements may, include drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project.

“Independent peer reviewer services”, additional architectural and engineering services

provided to the authority in design-building-operate-maintain or design-build-finance-operate-maintain procurements to confirm that the key elements of the professional engineering and

architectural design provided by the contractor are in conformance with the applicable standard of care.

“Maintenance”, includes routine operation, routine maintenance, routine repair rehabilitation, capital maintenance, maintenance replacement and any other categories of

maintenance that may be designated by the authority.

“Material default”, failure of a contractor to perform any duties under a public-private

agreement which jeopardizes delivery of adequate service to the public and remains unsatisfied

after a reasonable period of time and after the operator has received written notice from the

authority of the failure.

“Operate”, any action to operate, maintain, repair, rehabilitate, 439 improve, equip or modify a transportation facility, including the design and construction of repairs, improvements or modifications to a transportation facility.

“Operator”, a private entity that has entered into a public-private agreement to provide design-build-finance-operate-maintain or design-building-operate-maintain services under sections 57 to 70, inclusive.

“Private entity”, a natural person, corporation, general partnership, limited liability

company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit

entity or other business entity.

“Proposal development documents”, drawings and other design related documents that are sufficient to fix and describe the size and character of a transportation facility as to architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate to the applicable project delivery method.

“Public-private agreement”, the contract between a private entity and the authority that

relates to the development, financing, maintenance or operation of a transportation facility subject to sections 57 to 70, inclusive.

“Request for proposals”, all documents, whether attached to or incorporated by

reference, utilized for soliciting proposals for a transportation facility under sections 57 to 70, inclusive.

“Responsible bidder or offeror”, a person who has the capability in all respects to fully

perform the contract requirements, and the integrity and reliability to assure good faith performance.

“Responsive bidder”, a person who has submitted a bid which conforms 461 in all material respects to the invitation for bids.

“Transportation facility”, new or existing highway, road, bridge, tunnel, overpass, ferry,

airport, public transportation facility, terminal facility, vehicle parking facility, seaport facility, rail facility, intermodal facility or similar facility open to the public and used for the

transportation of persons or goods, and any building, structure or networks of buildings,

structures, pipes, controls and equipment that provide transportation services, including rolling stock and equipment, and any building, structure, parking area, appurtenances or other property needed to operate such facility that is subject to a public-private

agreement.

“User fees”, the rate, toll, fee or other charges imposed by an operator or by the authority

for use of all or part of a transportation facility.

“Utility”, a privately, publicly or cooperatively owned line, facility or system for

producing, transmitting or distributing communications, cable television, power, electricity,

light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street

lighting system, which directly or indirectly serves the public.

Section 58. (a) Notwithstanding any general or special law to the contrary, the board of

directors of the authority, in conjunction with the special public-private

partnership infrastructure oversight commission established in section 70, may solicit proposals enter into contracts for design-build-finance-operate-maintain or design-building-operate-maintain services with that responsible and responsive offeror submitting the proposal that is most advantageous to the authority through the sale, lease, operation and maintenance of a transportation facility within the commonwealth; provided, however, that such proposal shall be in full compliance with all applicable requirements of federal, state and local law, including section 484 26 to 27H, inclusive, of chapter 149; provided further, that any such contract shall not be subject to the competitive bid requirements set forth in sections 38A½ to 38O, inclusive, section 39M of chapter 30, or sections 44A to 44M, inclusive, of chapter 149; and provided further, that each such contract shall be awarded pursuant to chapter 30B except for clause (3) of paragraph (b) and paragraphs (e) and (g) of section 6, clause (4) of section 13 and section 16 of said chapter 30B.

(b) (1) In soliciting and selecting a private entity with which to enter into a public-private

agreement for design-build-finance-operate-maintain

or design-building-operate-maintain

services,the authority shall utilize the following competitive sealed proposals procurement approach:

(2) each request for proposals for design-building-operate-maintain

and design-build-finance-operate-maintain services:

(A) shall include design requirements;

(B) shall solicit proposal development documents; and

(C) may, if the authority determines that the cost of preparing proposals is high, considering the size, estimated price and complexity of the procurement:

(i) prequalify offerors by issuing a request for qualifications in advance of the request for

proposals; and

(ii) select a short list of responsible offerors prior to discussions and evaluations, provided that the number of proposals that will be shortlisted is stated in the request for proposals and prompt public notice is provided to all offerors as to which proposals have been shortlisted; Or

(iii) pay stipends to unsuccessful offerors; provided, however, that the amount of such stipends and the terms under which such stipends shall be paid shall be included in the request for proposals;

(3) adequate public notice of the request for proposals shall be provided;

(4) proposals shall be opened so as to avoid disclosure of contents to competing offerors

during the process of negotiation and a register of proposals shall be prepared by the authority and shall be open for public inspection after contract award; and

(5) (A) The request for proposals shall state the relative importance of price and other

factors and sub-factors, if any. (B) Each request for proposals for design-building-operate-maintain and design-build-finance-operate-maintain: (i) shall state the relative importance of:

(1) demonstrated compliance with the design requirements;

(2) offeror qualifications;

(3) financial capacity;

(4) project schedule;

(5) elimination of existing public debt with respect to the transportation facility;

(6) lowest user charges or price over the term of the design-building-operate-maintain

and design-build-finance-operate-maintain contract; and

(7) other factors, if any;

(ii) shall, if the contract price is estimated to exceed $10,000,000, if the contract period of

operations and maintenance is 5 years or longer, or if circumstances established by the authority, require each offeror to identify an independent peer reviewer whose competence and qualifications to provide such services shall be an additional evaluation factor in the award of the contract; and

(iii) shall not include, as an evaluation factor in the award of the 526 contract, the amount, if any, paid by a contractor to the authority for procurement using design-building-operate-maintain and design-build-finance-operate-maintain.

(6) As provided in the request for proposals, and under regulations issued by the

authority, discussions may be conducted with responsible offerors who submit proposals

determined to be reasonably susceptible of being selected for award for the purpose of

clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be

no disclosure of any information derived from proposals submitted by competing offerors.

(7) Award shall be made to the responsible offeror whose proposal conforms to the

solicitation and is determined in writing to be the most advantageous to the acquiring agency,

taking into consideration the price and the evaluation factors set forth in the request for

proposals. No other factors or criteria shall be used in the evaluation. The contract file shall

contain the basis upon which the award is made. Written notice of the award of a contract to the successful offeror shall be promptly provided to all offerors.

(8) The authority may provide debriefings that furnish the basis for the source selection

decision and contract award.

by the authority of information that the private entity has identified as confidential or proprietary to determine whether such information is subject to disclosure under section 10 of chapter 66 or clause twenty sixth of section 7 of chapter 4.

(2) The authority shall take appropriate action to protect confidential or proprietary

information that a private entity provides as part of a solicited proposal and that is exempt from

disclosure under said section 10 of chapter 66and said clause twenty sixth

of said section 7 of aid chapter 4.

Section 59. (a) The request for proposals shall contain the proposed form of contract or

Public-private agreement to be executed between the successful offeror and the authority upon

award, and shall have been approved as to content and form by the special public-private

infrastructure oversight commission and by the authority before the request for proposals is

issued, pursuant to section 58. The inspector general and the attorney general shall have 30 days from the receipt of a draft of the proposed form of contract to notify the special public-private

infrastructure oversight commission in writing of any material objections to the draft form of contract. Before issuing any request for proposal, the authority shall prepare a written response to reports submitted to it by the special public-private

infrastructure oversight commission which response shall state the basis for any substantial divergence between the actions of the authority and the recommendations contained in such reports of said commission. The authority and the successful offeror shall only make nonmaterial changes in the content and form of the public private agreement contained in the request for proposals.

(b) (1) After selecting a solicited or unsolicited proposal for a public-private

initiative, the authority shall enter into the public-private agreement for the subject transportation facility with the selected private entity.

(2) An affected jurisdiction may be a party to a public-private agreement entered into by the authority and a selected private entity or combination of private entities.

agreement under sections 57 to 70, inclusive, 571 shall provide for the following:

(1) the planning, acquisition, engineering, financing, development, design, construction,

reconstruction, replacement, improvement, maintenance, management, repair, leasing or

operation of a transportation facility including provisions for the replacement and relocation of

utility facilities;

(2) the term of the public-private agreement, which shall not exceed 50 years without

written approval of the governor;

(3) the type of property interest, if any, the private entity shall have in the transportation

facility;

(4) a description of the actions the authority may take to ensure proper maintenance of

the transportation facility;

(5) whether user fees will be collected on the transportation facility and the basis by

which such user fees shall be determined and modified;

(6) compliance with applicable Federal, state and local laws;

(7) grounds for termination of the public-private agreement by the authority or operator;

(8) procedures for amendment of the agreement by mutual agreement and for changes in

he agreement by written order from the authority.

(9) review and approval by the authority of the operator’s plans for the development and

operation of the transportation facility;

(10) inspection by the authority and the independent peer reviewer of the design and construction of, or improvements to, the transportation facility;

(11) maintenance by the operator of a policy of liability insurance or self-insurance reasonably acceptable to the authority;

(12) filing by the operator, on a periodic basis, of appropriate financial statements in a form acceptable to the authority;

(13) filing by the operator, on a periodic basis, of traffic reports, service quality standards as defined in section 3 of chapter 81D, ridership reports, on time performance reports, or other reports identified by the authority, in a form acceptable to the authority;

(14) financing obligations of the operator and the authority;

(15) apportionment of expenses between the operator and the authority;

(16) the rights and duties of the operator, the authority, and other state and local governmental entities with respect to use of the transportation facility;

(17) the rights and remedies available in the event of default or delay;

(18) the terms and conditions of indemnification of the operator by the authority, as required by applicable law;

(19) assignment, subcontracting or other delegation of responsibilities of the operator or

the authority under the agreement to third parties, including other private entities and other state agencies;

(20) sale or lease to the operator of private property related to the transportation facility;

(21) if, and how, the parties shall share costs of development of the project;

(22) if, and how, the parties shall allocate financial responsibility for cost overruns;

(23) liability for nonperformance;

(24) any incentives for performance;

(25) any accounting and auditing standards to be used to evaluate progress on the project;

(26) the operator’s plans to obtain a labor and material payment bond, in accordance

with section 29 of chapter 149 of the General Laws, covering all construction, reconstruction, or maintenance, including capital maintenance, work of the project and require the payment of

prevailing wages for labor performed on the project in accordance with sections 26 to 27H,

inclusive, of said chapter 149;

(27) the operator’s plans for labor harmony for the entire term of the agreement, including construction, reconstruction and capital and routine maintenance and adequate remedies to address the operator’s failure to maintain labor harmony which shall include, but not be limited to, assessment of liquidated damages and contract termination.

(28) traffic enforcement and other policing issues, subject to section 66 including any

reimbursement by the private entity for such services; and

(29) other terms and conditions.

Section 60. Upon the end of the term of the public-private agreement or in the event of

termination of the public-private agreement, the authority and duties of the operator shall cease,

except for any duties and obligations that extend beyond the termination as provided in the

public-private agreement, and all the rights, title and interest in such transportation facility shall

revert to the authority and shall be dedicated to the authority for public use.

Section 61. (a) Upon the occurrence and during the continuation of a material default by

an operator, not caused by an event of force majeure, and upon the failure by the contractor or its financing institution on the contractor’s behalf, to cure such material default within 30 days of written notice of such default by the authority, the authority may:

(1) elect to take over the transportation facility, including the succession of all right, title

and interest in the transportation facility; and

(2) terminate the public-private agreement and exercise any other rights and remedies available.

(b) In the event that the authority elects to take over a transportation facility under subsection (a), the authority:

(1) shall make interim payments, on behalf of the contractor and for the contractor’s account, of any amounts subject to a mechanics lien law of the commonwealth;

(2) may develop and operate the transportation facility, impose user fees for the use of the

transportation facility, and comply with any service contracts; and

(3) may solicit proposals for the maintenance and operation of the transportation facility

under section 58.

Section 62. (a) (1) The authority may issue and sell bonds or notes of the authority for the

purpose of providing funds to carry out sections 57 to 70, inclusive, with respect to the

development, financing or operation of a transportation facility or the refunding of any bonds or notes, together with any costs associated with the transaction.

(2) Any bond or note issued under this section:

(A) constitutes the corporate obligation of the authority;

(B) shall not constitute a debt of the commonwealth within the meaning or application of

the constitution of the commonwealth; and

(i) the revenues from a lease to the authority, if any;

(ii) proceeds of bonds or notes, if any;

(iii) investment earnings on the proceeds of bonds or notes; or

(iv) other funds available to the authority for such purpose.

(b) (1) For the purpose of financing a transportation facility, 662 the authority and operator may apply for, obtain, issue and use private activity bonds available under any Federal law or program.

(2) Any bonds, debt, other securities or other financing issued for the purposes of sections 57 to 70, inclusive, shall not be considered a debt of the commonwealth or any political subdivision thereof state or a pledge of the faith and credit of the state or any political subdivision of the commonwealth.

(c) Nothing in this section shall limit a local government or any authority of the commonwealth to issue bonds for transportation projects.

Section 63. (a) (1) The authority may accept from the United States or any of its agencies

funds that are available to the commonwealth for carrying out sections 57 to 70, inclusive,

whether the funds are made available by grant, loan or other financial assistance.

(2) The authority may enter into agreements or other arrangements with the United States

or any of its agencies as may be necessary for carrying out the purposes of sections 57 to 70,

inclusive.

(b) The authority may accept from any source any grant, donation, gift, or other form of conveyance of land, money, other real or personal property, or other item of value made to the commonwealth or the authority for carrying out the purpose of sections 57 to 70, inclusive.

funds or property made by any private entity or affected jurisdiction that is party to a public private agreement under sections 57 to 70, inclusive.

(d) The authority may combine Federal, state, local and private funds to finance a transportation facility under sections 57 to 70, inclusive.

Section 64. (a) Section 9 of 685 chapter 81B shall apply to: (1) a transportation facility; and

(2) tangible personal property used exclusively with a transportation facility that is:

(A) owned by the authority and leased, licensed, financed or otherwise conveyed to an

operator; or

(B) acquired, constructed or otherwise provided by an operator on behalf of the authority.

Section 65. The authority may exercise the power of eminent domain to acquire

property, rights of way or other rights in property for transportation projects that are part of a

public-private agreement for design-build-finance-operate-maintain

or design-build-operate-maintain services.

Section 66. (a) Law enforcement officers of the commonwealth and of an affected local jurisdiction shall have the same powers and jurisdiction within the limits of a transportation facility as they have in their respective areas of jurisdiction and access to the transportation

facility at any time for the purpose of exercising such powers and jurisdiction.

(b) The traffic and motor vehicle laws of the commonwealth and, if applicable, any local

By laws or ordinances shall apply to a transportation facility.

Section 67. An operator under sections 57 to 70, inclusive, and any utility whose facility

is to be crossed or relocated shall cooperate fully in planning and arranging the manner of the crossing or relocation of the utility facility. This section shall not limit or otherwise affect the right of such utility to compensation for such relocation to the extent provided by law.

Section 68. Nothing in sections 57 to 70, inclusive, shall limit any waiver of the sovereign immunity of the commonwealth or any officer or employee of the commonwealth with respect to the participation in or approval of all or any part of the transportation facility or its operation.

Section 69. The authority may adopt rules and regulations to carry out sections 57 to 70, inclusive.

Section 70. There shall be established a special public-private partnership infrastructure oversight commission to comment on and approve all requests for proposals for design-build-finance-operate-maintain or design-building-operate-maintain services, pursuant to section 59.

The commission shall have 9 members, none of whom shall be employees of the executive branch, members of the General Court, nor employees of the Legislature, including the following: 4 members who shall reside in different geographic regions of the commonwealth, to be appointed by the governor to service terms of 2 years; 1 member, who shall not be a member of the general court, to be appointed by the president of the senate to serve a term of 2 years; 1 member, who shall not be a member of the general court, to be appointed by the speaker of the house of representatives to serve a term of 2 years; 1 member who shall not be an employee of the department of the state treasurer, to be appointed by the treasurer, to serve a term of 2 years; the state auditor, or his designee; and 1 representative from the Massachusetts Organization of State Engineers and Scientists, to serve a term of 2 years. Each of the members of the commission shall be an expert with experience in the fields of transportation law, public policy, public finance, management consulting, transportation, or organizational change. One of the members appointed by the governor shall be an expert in the field of public finance. One of the members appointed by the governor shall be an expert in the field of management consulting or organizational change. One of the members appointed by the governor shall be an expert in the field of transportation. One of the members shall be appointed by the governor to serve as chairperson of the commission. The members appointed by the governor may be eligible for reappointment, provided however that no member appointed by the governor may serve more than three terms. The members of the commission shall be appointed no later than August 30, 2009. No member shall have served as a legislative agent for the period of 5 years prior to his appointment. No director shall have been a registered legislative agent, as defined in section 39 of chapter 3 for a period of at least 5 years prior to his appointment, no director shall have been a member or employee of the general court or an employee of the executive branch for a period of 2 years prior to his appointment, and no director shall have been employed by an organization that has business before the authority, or any predecessor agency or authority, for a period of at least 2 years prior to his appointment. Whenever the authority notifies the commission of its intent to issue a request for proposal for design-build-finance-operate-maintain or design-building-operate-maintain services, the authority shall submit a draft of the request for proposal to the commission for its review and approval. As provided in section 58, no request for proposal shall be issued by the authority for a public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services without the commission’s written approval. The commission shall provide an initial written response to the request for proposal within 15 days. For each request for proposal for design-build-finance-operate-maintain or design-building-operate-maintain services, the commission shall report on issues surrounding the request for proposal, including, but not limited to: (1) the status of current employees; (2) the policy and regulatory structure for overseeing a privately operated transportation facility and ongoing legislative oversight; (3) issues of taxation, profitsharing and resolution of new revenue producing ideas; (4) advertising and marketing; (5) use of new technologies; (6) lease terms and termination clauses; (7) additional responsibilities by both the private infrastructure operator and the commonwealth during the lease period; (8) the financial valuation of the commonwealth transportation facility; and (9) the anticipated advantages of entering into the anticipated public private agreement for design-build-finance-operate-maintain or design-building-operate-maintain services.

The report shall be delivered within 30 days of the commission’s approval of a request for proposal for design-build-finance-operate-maintain or design-building-operate-maintain services to the secretary for administration and finance, the house committee on ways and means, the senate committee on ways and means, the chairmen of the joint committee on transportation, and the state auditor.

In order to submit the commission’s written approval of a request for proposal for design build finance operate maintain or design build operate maintain services to the state auditor, the commission’s process shall be sufficient to satisfy the requirements of sections 52 to 55, inclusive.

Whenever the comments and recommendations of the state auditor are required for any action by the authority, under sections 52 to 55, inclusive, of chapter 7, that approval shall be deemed to have been granted within 30 days of submission thereof, unless the state auditor has communicated his disapproval to the authority, in writing. The state auditor’s report shall include reasons why such proposed request for proposal is financially detrimental to the commonwealth and how the commission erred in its findings.

Any research, analysis or other staff support that the commission reasonably requires shall be provided by the Massachusetts Transportation and Infrastructure Authority.

AMENDMENT NO. 73

Mr. Brownsberger of Belmont moves to amend the bill, H4047, in section 6, by inserting, after subsection 49, in line 1695, the following new sections:-

“Section 50. The division shall submit to the road and bridge advisory board, pursuant to

section 51, all contracts, plans, agreements, requests for proposals and memoranda of understanding relative to land use plans, air rights, zoning restrictions and environmental impacts associated with the development on any land owned by the division within the state highway system. The road and bridge advisory board shall, within 30 days from receipt of all contracts, plans, agreements and memoranda of understanding submitted by the division for review, provide comments and recommendations to the division. The division shall prepare a written response to the reports of the road and bridge advisory board and shall state the basis for any substantial divergence between the actions of the division and the recommendations contained in such reports of the road and bridge advisory board.

Section 51. (a) There shall be a road and bridge advisory board to the division to consist of 13 members, 5 of whom shall be appointed by the governor, 1 of which shall be a resident of a municipality within the turnpike corridor from the New York state border east to the junction of interchange 8, 1 of which shall be a resident of a municipality within the turnpike corridor from the junction of interchange 8 east to the junction of interchange 14, 1 of which shall be a resident of Essex or Middlesex county provided that the member does not reside in a municipality that is a member of the metropolitan area planning council, 1 of which shall be a resident of Norfolk, Plymouth or Bristol county provided that the member does not reside in a municipality that is a member of the metropolitan area planning council, 2 of whom shall be appointed by the mayor

of the city of Boston, 1 of whom shall be appointed by the commissioner of the division of capital asset management and maintenance, 2 of whom shall be appointed by the metropolitan area planning council, 1 of which shall be a resident of the metrowest subregion of the metropolitan area planning council, 2 of whom shall be appointed by the Massachusetts Association of Planning Directors who shall be a resident of a municipality within the turnpike corridor and 1 of whom shall be appointed by an environmental organization. Each member of the road and bridge advisory board shall have 1 vote. A majority of members shall constitute a quorum and the road and bridge advisory board may act by such majority vote represented in the quorum.

(b) For the conduct of its business, the road and bridge advisory board shall adopt and may revise and amend bylaws. The road and bridge advisory board shall convene its first meeting within 60 days after the transfer of the state highway system, to the division and shall thereafter convene regular meetings in accordance with its bylaws.

The road and bridge advisory board shall annually elect a chairperson and vice chairperson and any other officers that the road and bridge advisory board shall determine. Each member of the road and bridge advisory board shall serve for a term of 1 year and shall be eligible for reappointment. In the event of a vacancy, a successor shall be named by the person or organization who originally appointed the vacated member and such successor shall serve for the remainder of the unexpired term. Each member of the road and bridge advisory board shall serve without compensation but may be reimbursed, as an expense of said road and bridge advisory board, for all reasonable expenses incurred in the performance of its duties as approved by the road and bridge advisory board.

(i) to review and prepare comments on all documents submitted to it pursuant to section

50 and to make recommendations to the division within 30 days of receipt of such documents;

(ii) to coordinate and share information and best practices in matters of the operation and maintenance of roads and bridges and the development of adjacent land and air rights;

(iii) to make recommendation to the division on its roads and bridges charges;

(iv) to hold hearings, which may be held jointly with the division at the discretion of the road and bridge advisory board and the division, on matters relating to the division;

(v) to review the annual report of the authority and to prepare comments thereon to the authority and the governor, and to make such examinations of the reports on the division’s records and affairs as the road and bridge advisory board deems appropriate; and

(vi) to make recommendations to the governor and the general court respecting the authority and its road and bridge programs. The road and bridge advisory board shall have all powers necessary or convenient to carry out and effectuate the forgoing purposes.

(d) The road and bridge advisory board may incur expenses, not to exceed $100,000 annually for expenditures authorized under subsection (b) and for personnel and office expenses. Such expenses shall be paid by the division in the current fiscal year from its operating budget and, for each year thereafter, shall be provided for in the current expense budget of the division.

(e) The road and bridge advisory board shall be deemed to be a governmental body for purposes of, and shall be subject to, section 11A ½ of chapter 30A and shall also be subject to section 10 of chapter 66.”.

AMENDMENT NO. 74

Amendment #1

Representative Walz of Boston moves to amend the bill in section 139 (a), in line 3436, by striking out the words “all land beneath such bridges”

And in said section 139 (a), in line 3437, by striking out the words “including necessary bridge approaches” and inserting in place thereof the words “including the immediate approaches necessary to connect the bridge to the adjacent roadway system”

And in said section 139 (a), in line 3445, by striking out the words “including, without limitation, the benefit of the so-called “footprint bridge exemption” set forth in section 61 of chapter 303 of the acts of 2008.” and inserting in place thereof the words “provided, however, that such bridges and appurtenances shall not be subject to the benefit of the so-called “footprint bridge exemption” set forth in section 61 of chapter 303 of the acts of 2008.”

AMENDMENT NO. 75

MR. O’FLAHERTY of CHELSEA and MS. REINSTEIN OF REVERE move that H 4047 be amended, in section 136 (d), in line 3410, by inserting after “act.” The following:

“On and after the effected date of this act, the authority shall not amend existing or negotiate any new payment in lieu of tax (PILOT) agreements. Any PILOT payments that exist as of the effective date shall continue to be paid by the authority until the transfer of the bridge is completed. Upon transfer of the bridge, the amount called for in the last payment of any PILOT still in effect as of the effected date of this act, whether that final payment was subsequently paid or is still due, shall be the basis for the conversion of PILOT payments into final, one-time payments calculated upon the present day value of a twenty-five year schedule of PILOT payments, and paid by the Massachusetts Transportation and Infrastructure Authority to the receiving parties of the PILOT agreements. Once the final, one-time PILOT payments are made, the Massachusetts Transportation and Infrastructure Authority shall not be required to enter into any new PILOT agreements.”

AMENDMENT NO. 76

Mr. Brownsberger of Belmont and Mr. Smizik of Brookline move to amend the bill, H4047, in section 6, in subsection 3, by inserting in clause (a)(7), in line 349, after the words “integrated transportation”, the following text:- “working in coordination with the regional planning agencies”;

And in said section 6, in subsection 3, by inserting in clause (a)(9), in line 354, after the words “pursuant to clause (7)”, the following text:- “working in coordination with the regional planning agencies”;

And in said section 6, in subsection 10, in the first paragraph, in line 802, by striking out, after the words “regional planning agencies in the commonwealth” the word ", and" and inserting in place thereof the following word: - “which”;

And in said section 6, in said subsection 10, in line 840, at the end of the third paragraph, by inserting, after the words “promote sustainable transportation” the following text: - “working in coordination with the regional planning agencies and the metropolitan planning organizations”.

AMENDMENT NO. 77

Mr. Donato of Medford, Ms. Walz of Boston, Ms. Clark of Melrose, Mr. Smizik of Brookline, Mr. Sanchez of Jamaica Plain, Mr. Keenan of Salem, Ms. Malia of Boston, Ms. Wolf of Cambridge move to amend House 4047, Section 141, in lines 3512 and 3513 by striking out the following: “and (iii) the vehicular bridges and appurtenances under the control of the department of conservation and recreation”.

AMENDMENT NO. 78

Mr. Donato of Medford, Ms. Walz of Boston, Ms. Clark of Melrose, Mr. Smizik of Brookline, Mr. Sanchez of Jamaica Plain, Mr. Keenan of Salem, Ms. Malia of Boston, Ms. Wolf of Cambridge move to amend House 4047, Section 6, by striking out in line 927 the words “the department of conservation and recreation”.

AMENDMENT NO. 79

Mr. Donato of Medford, Ms. Walz of Boston, Ms. Clark of Melrose, Mr. Smizik of Brookline, Mr. Sanchez of Jamaica Plain, Mr. Keenan of Salem, Ms. Malia of Boston, Ms. Wolf of Cambridge move to amend House 4047, Section 6, by inserting after the word “commonwealth” in line 1501, the following words: “except for the roads and bridges under the care and control of the department of conservation and recreation”.

AMENDMENT NO. 80

Mr. Donato of Medford, Ms. Walz of Boston, Ms. Clark of Melrose, Mr. Smizik of Brookline, Mr. Sanchez of Jamaica Plain, Mr. Keenan of Salem, Ms. Malia of Boston, Ms. Wolf of Cambridge move to amend House 4047, Section 6, by inserting after the word “commonwealth” in lines 1517 and 1533 the following words: “except for the roads and bridges under the care and control of the department of conservation and recreation”.

AMENDMENT NO. 81

AMENDMENT NO. 82

AMENDMENT NO. 83

Mr. Dempsey of Haverhill moves that H.4047 be amended in section 50(e), in line 1752, by striking out the amount “10,000,000” and replacing it with “25,000,000”

AMENDMENT NO. 84

Mr. Honan of Boston and Moran of Boston moves to amend House 4047 by inserting in Section 6, subsection 14, the following item at the end thereof:

“Provided however, that residents from the Allston/Brighton section of the City of Boston, with a zip code of 02134 and 02135, be eligible to participate in a Resident Discount Toll Program when accessing the Allston/Brighton/Cambridge interchange, exits 18 and 20, along the Massachusetts Turnpike. “

AMENDMENT NO. 85

Mr. Bradley of Hingham moves that House bill 4047 on pages 165 and 166 is hereby amended by adding the following:

Sections 111, 112, 113, 114, and 115 shall apply only to causes of action arising on or after July 1, 2009.

AMENDMENT NO. 86

Mr. Bradley of Hingham moves that House bill 4047 on pages 165 and 166 is hereby amended by adding the following:

Sections 111, 112, 113, 114, and 115 shall apply only to causes of action arising after the effective date of this Act or July, 1, 2009, whichever date occurs later.

AMENDMENT NO. 87

Mr. Evangelidis of Holden moves to amend the bill by adding the following section:-

Section XX. Chapter 90 Section 8 is hereby amended by adding after the words “expire on March first” in line 197 the following sentence:-

“The Registrar shall notify the license holder of the expiration date 30-60 days prior to the expiration of said license. The Registrar will send notice by United States mail to the last known mailing address of said individual”

AMENDMENT NO. 88

Mr. Cabral of New Bedford moves that the bill be amended by adding the following section:

SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2ZZZ, the following new section:

Section 2AAAA. Massachusetts Rail and Transit Expansion and Improvement Fund.

Section 2AAAA. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Rail and Transit Expansion and Improvement Fund, consisting of at least three cents of the commonwealth’s excise tax on motor fuels, levied pursuant to chapter 64E, if the commonwealth’s per gallon tax, surcharge or levy on motor fuels increases by more than three cents above the tax, surcharge or levy amounts of January 1, 2009 and all revenues generated by any tax, surcharge or levy on vehicles whose amount is based on or related to the carbon dioxide output of each vehicle. The fund shall be administered by the Massachusetts transportation and infrastructure authority which shall use the fund only for the planning, design, acquisition, development, construction, expansion, rehabilitation, improvement, furnishing, equipping and finishing, or any combination of the foregoing, necessary to provide subway or commuter rail service to a municipality which does not have such service or to increase the frequency or speed of such service to a community that the authority determines is underserved by its existing subway or commuter rail service, together with all necessary and related furnishings, machinery, equipment, facilities, approaches, driveways, walkways, parking facilities, roadways, public transportation and landscaping, and including without limitation the acquisition of lands or other property, or rights, easements, and interests acquired for or in respect of any such lands or property for a project, the demolition or removal of any buildings or structures on lands so acquired or in or with respect to which interests are so acquired, relocation payments and other assistance therefore, and site preparation and environmental remediation, including all costs, whenever incurred, of acquiring land and of acquiring, developing, constructing, improving, furnishing, equipping, finishing and carrying out a project and placing the same in operation, including without limiting the generality of the foregoing, the cost of all lands, property, rights, easements and interests acquired pursuant hereto and all labor, materials, machinery and equipment necessary to carry out a project and place the same in operation, financing charges, interest prior to and during construction and for a period not exceeding two years after completion of construction, the cost of environmental investigation, analyses and remediation, the cost of demolition and removal of any buildings or structures on lands acquired and removal or relocation of any public utilities and other facilities, relocation payments as defined in, and any other costs of relocation assistance required under chapter 79A of the General Laws and this act, the costs of architectural, engineering and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the project, administrative, marketing and promotion expenses, reserves for debt service, and other capital and current expenses and such other expenses as may be necessary or incident to the construction of a project and the acquisition of land therefore. Notwithstanding the foregoing, the authority shall not use the fund for routine maintenance to existing subway or commuter rail facilities or for capital projects to improve the accessibility of existing infrastructure for passengers with disabilities or to improve access to existing service, such as parking expansion, installation of bicycle racks or improvements to pedestrian approaches.

AMENDMENT NO. 89

Mr. Cabral of New Bedford moves that the bill be amended by striking lines 2006 through 2036 and inserting in its place the following:

Section 69. (a) The undersecretary shall establish a gateway cities assistance program to assist cities and towns with more than 35,000 inhabitants but fewer than 225,000 inhabitants where (1) the unemployment rate is higher than the statewide average, (2) the median income of the city or town is less of the state median income, (3) the per capita income is below the state average per capita income, and (4) the percentage of the city or town’s population having attained at least a bachelor’s degree is below the state percentage of population having attained at least a bachelor’s degree, in undertaking projects to design, construct, reconstruct, widen, resurface, rehabilitate and otherwise improve roads, bridges, railways, airports, seaports, intermodal transit facilities and other related public works facilities as deemed necessary for economic development by the department upon the petition of an appropriate local governmental body in accordance with this section and any rules or regulations promulgated by the secretary in accordance with this section. The rules and regulations shall govern the criteria by which the funds shall be distributed and the method by which a municipality may apply for such funds.

(b) The undersecretary may, subject to appropriation, commit the funds pursuant to this section by executing a grant or other contractual agreement with a municipality and, upon execution, the funds so committed shall be made available as a grant directly to the municipality which has entered into an agreement without further review or approval of the division. Each agreement shall contain assurances satisfactory to the director that the municipality will award a construction contract for the project which is the subject of the agreement not later than 180 days after the date of execution of the agreement.

(c) In the event that a contract is not awarded by the municipality within the period provided in subsection (b), the undersecretary may require, by written notification to the municipality, that the funds paid to it by the commonwealth pursuant to the agreement shall be returned forthwith to the commonwealth.

(d) The undersecretary may, through execution of a grant or other contractual agreement as provided in subsection (b), commit an amount of funds up to but not exceeding the aggregate amount of funds returned by municipalities under subsection (c) to any other municipality which has otherwise complied with the applicable requirements for such projects, including the terms and conditions provided in this section.

AMENDMENT NO. 90

Representative Walz of Boston moves to amend the bill, in section 6, after line 1705, by inserting, after subsection 49, the following new sections:-

“Section 50. The division shall submit to the road and bridge advisory board, pursuant to

(b) For the conduct of its business, the road and bridge advisory board shall adopt and may revise and amend bylaws. The road and bridge advisory board shall convene its first meeting within 60 days after the transfer of the state highway system to the division and shall thereafter convene regular meetings in accordance with its bylaws.

(i) to review and prepare comments on all documents submitted to it pursuant to section

50 and to make recommendations to the division within 30 days of receipt of such documents;

(ii) to coordinate and share information and best practices in matters of the operation and maintenance of roads and bridges and the development of adjacent land and air rights;

(iii) to make recommendations to the division on tolls for its roads and bridges;

(iv) to hold hearings, which may be held jointly with the division at the discretion of the road and bridge advisory board and the division, on matters relating to the division;

(v) to review the annual report of the division and to prepare comments thereon to the division and the governor, and to make such examinations of the reports on the division’s records and affairs as the road and bridge advisory board deems appropriate; and

(vi) to make recommendations to the governor and the general court respecting the division and its road and bridge programs. The road and bridge advisory board shall have all powers necessary or convenient to carry out and effectuate the forgoing purposes.

AMENDMENT NO. 91

Representative Walz of Boston moves to amend the bill in section 148, line 3696, by inserting after the words “hereby authorized” the following “and approved”

And in said section 148, line 3698, by striking out the word “on” and inserting in place thereof the word “and”

AMENDMENT NO. 92