Fiscal Year 2011 Budget Amendments -- Transportation


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Redraft TRP 505 MBTA EFFICIENCES Mr. Baddour moved that the bill be amended by inserting the following new section:- SECTION XX. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall be subject to subsection (e) of section 19 of chapter 6A of the General Laws and sections 12 to 14, inclusive, of chapter 86 of the acts of 2008; provided, further that the board of the Massachusetts Bay Transportation Authority shall execute a delegation of authority with terms of delegation identical to that executed by the board of the Massachusetts Department of Transportation to the highway division of said department in November, 2009; provided further, that the board of the Massachusetts Bay Transportation Authority shall amend its by-laws to require the board’s approval of the development of the capital investment programs required under subsection (g) of section 5 of chapter 161A of the General Laws, and to require the board’s approval of the operating budget of said authority. TRP 506 REGISTRY OF MOTOR VEHICLES BRANCHES Messrs. Brewer and Richard T. Moore moved that the bill be amended by inserting at the end the following section:- Section XXX. Chapter 6C of the General Laws is hereby amended by inserting after section 6C the following section:- Section 56A. (a) The administrator shall, prior to a decision made by the registrar to close or move the location of a branch, site or office which serves the public, he shall notify the city or town in which the branch, site or office is located, no less than 60 days prior to said decision by certified mail return receipt requested. (b) Said administrator shall also hold a public hearing no less than 60 days after the proposed closing or moving of said branch, site or office. Said hearing shall be held in the city or town in which the branch, site or office is located. The registry of motor vehicles shall notify the city or town no less than 30 days prior to said public hearing by certified mail by return receipt requested and advertise in a local newspaper the time and the location of the scheduled public hearing no less than 4 weeks prior to said public hearing. Notification of said public hearing shall appear no less than 1 time each week for such 4 week time period. TRP 507 CONTRACTUAL OBLIGATIONS OF THE COMMONWEALTH Messrs. Brewer and Richard T. Moore moved that the bill be amended by inserting at the end of the following section:- “Section XXX. Notwithstanding the provisions of any general or special law to the contrary, the Commonwealth of Massachusetts, or any subsidiary thereof, upon the exercising of any contractual “escape clause”, so-called, will hold harmless any indebtedness and/or future financial burdens borne on the Commonwealth’s behalf for the purpose of providing services, from any third party maintained in good standing. The contractual agreement between the Commonwealth and the Lessor for the Southbridge Registry Full Services Office that was in existence prior to July 1, 2009 shall be reinstated until a negotiated agreement is fulfilled.” TRP 508 ARRA FUNDING DISBURSEMENTS STUDY Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:- “SECTION ___. Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the expenditure of funds received through the American Reinvestment and Recovery Act. The commission shall specifically investigate the possibility that said funds have been spent on or through non-domestic entities, including, but not limited to, the purchase of raw materials, contracting of labor or any transaction of business with companies located, based or incorporated in a foreign country. The commission shall consist of 11 members, as follows: the chairs of the joint committee on federal stimulus oversight, who shall chair the commission; 1 designee appointed by the governor; the house chair of ways and means, or his designee; the senate chair of ways and means, or his designee; the secretary of administration and finance, or his designee; the attorney general, or his designee; the treasurer of the commonwealth, or his designee; the auditor of the commonwealth, or his designee; the comptroller of the commonwealth, or his designee; the minority leader of the senate, or his designee; the minority leader of the house of representatives, or his designee. The commission shall report its findings and recommendations to the clerk of the senate, the clerk of the house of representatives, the house minority leader and the senate minority leader no later than January 30^th, 2011.”. TRP 509 SOUND BARRIERS ALONG THE TURNPIKE Ms. Spilka moved that the bill be amended by inserting at the end thereof the following new section: SECTION X. Notwithstanding any general or special law to the contrary, the Massachusetts department of transportation is hereby directed to conduct a comprehensive sound study along Interstate 90 in the following towns: the town of Framingham, the town of Natick and the town of Hopkinton. Said study shall be conducted by an acoustical engineer. In those residential areas where the decibel level generated by traffic on Interstate 90 exceeds the ambient level by ten or more decibels, the department shall install sound barriers in order to mitigate said noise pollution problems. 2nd Redraft TRP 510 EASTON ROUTE 138 & ROUTE 123 IMPROVEMENTS Mr. Joyce moved that the bill be amended, in section 2, in item 1595-6368, by inserting the following:- “provided that funds may be expended for the design, planning, infrastructure and road improvements, signalization, sidewalks, lighting, safety and aesthetic improvements at the intersections of Washington Street at Belmont Street and at Roosevelt Circle in the Town of Easton.” TRP 511 COMMUTER RAIL EXPANSION MORATORIUM Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:- “SECTION __. Notwithstanding any special or general law to the contrary the Treasurer of the Commonwealth shall not issue any bonds for the planning, design or construction of any new mass transit expansion project if it has not been certified by the Secretary of Administration and Finance that sufficient revenues exist, or will be generated to operate and maintain in a state of good repair such a new transportation asset.” TRP 512 EASTON ROUTE 106 SAFETY Mr. Joyce moved that the bill be amended, in section 2, in item 1595-6368, by inserting the following: “; Provided further that $125,000 shall be expended for the design, planning, infrastructure and road improvements, signalization, sidewalks, lighting, safety and aesthetic improvements at the intersection of Foundry Street and Prospect Street, in the Town of Easton” TRP 513 RMV MAIL NOTIFICATION Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:- “SECTION __. Notwithstanding any special or general law to the contrary, the registrar of motor vehicles shall notify all persons whose license to operate a motor vehicle is set to expire by mail, not later than 30 days prior to such expiration.” TRP 514 THREE YEAR RMV REGISTRATION Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:- “SECTION ___. Section 2 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the seventh paragraph the following paragraphs:- “Any renewal registration for a private passenger motor vehicle shall be for a period of 3 years, provided such renewal shall not be for a registration where the registrar has issued for such vehicle, distinctive registration plates, or special registration plates of distinctive type or types including plates of a vanity type and plates bearing the station call letters of an amateur radio operator, or such other particular registration plates not distinctive, requested by such vehicle’s owner, known as reserve plates.” TRP 515 PAUL X. TIVNAN DRIVE Ms. Chandler moved that the bill be amended, in section 2, in item 1595-6368, by adding at the end thereof the following: “provided further the road known as Paul X. Tivnan Drive, located in the Towns of Boylston and West Boylston, be returned immediately to the authority of the state and the Mass Highway Department for all maintenance”. TRP 516 WITHDRAWN TRP 517 EFFECTIVENESS OF FLAGMEN Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:- “SECTION XX. Section 10 of Chapter 86 of the Acts of 2008 is hereby amended by adding at the end the following additional paragraph:- “The secretary, in consultation with the secretary of public safety and homeland security, the secretary of administration and finance, and the commissioner of the department of revenue, shall report annually not later than not later than June 30 in each year from 2011 to 2015 on the cost savings, if any, to both the commonwealth and to municipalities, as well as any impacts on public safety, which result from these regulations. Data in such report shall be based on the best available information, and may include estimates if necessary. Such report shall be filed with the senate and house committees on ways and means, the joint committee on transportation, and the joint committee on public safety and homeland security.” TRP 518 TOLL CREDITS Mssrs. Rosenberg and M. Moore moved that the bill be amended by inserting, at the end thereof following new Section:- SECTION __. Subsection (b) of Section 75 of Chapter 303 of the Acts of 2008 shall not apply in fiscal year 2011. TRP 519 REGISTRY USE OF MUNICIPAL BUILDINGS Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:- “SECTION XX. The Registrar of Motor Vehicles is hereby authorized and directed to evaluate the feasibility of utilizing municipally owned buildings and the facilities therein for the provision of those services currently available at branch offices of the Registry of Motor Vehicles. Such evaluation shall include, but not be limited to, the consideration of the geographic dispersion of such buildings, the potential to increase access and convenience to those served by the registry by deploying services in them, the potential cost savings which may result from relocating services to such buildings from leased or rented facilities, and any benefits which may accrue to municipalities, including rental income from payments otherwise expended on private buildings and facilities. In conducting such evaluation, the registrar shall solicit information from each city and town as to the availability and potential cost of buildings and facilities, and shall conduct not less than two public hearings to receive testimony on the feasibility of providing services as described herein. The registrar shall submit a report containing the results of said evaluation, together with any legislative recommendations resulting therefrom, to the clerks of the House and Senate not later than May 31, 2011. TRP 520 SAFE DRINKING WATER IN BOXFORD Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:- “Section XX. Section1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Safe drinking water" is defined as water meeting or exceeding all primary and secondary standards, and recommended guidelines for drinking water as defined by the Massachusetts Department of Environmental Protection. “I-95 Corridor” as used herein is defined as the area within the Town of Boxford located approximately 1,500 feet from any portion of Interstate Highway 95. Section 2. The Massachusetts Department of Transportation (MassDOT) shall conduct a comprehensive study to determine the cumulative and immediate effects of deicing chemical storage and deicing operations on the groundwater aquifer(s) and bedrock fissures within the I-95 Corridor. Specifically: the study shall determine how and why deicing chemicals applied to Interstate 95 have infiltrated the ground water aquifers and bedrock and what measures need to be taken to prevent it from occurring in the future. The study shall provide recommendations as to: (i) the proximate cause(s) of deicing chemicals, including sodium and chloride, infiltration into the groundwater aquifer(s) and bedrock fissures within the I-95 Corridor; (ii) short-term and long-term remedial action(s) necessary to restore groundwater quality to a Safe Drinking Water standard within the I-95 Corridor; (iii) a plan to modify highway drainage systems so as to prevent storm water run-off and highway drainage from adversely impacting aquifers, bedrock and adjacent wetland resource areas; and (iv) an alternative means to provide a reliable and adequate safe drinking water supply to the residents located within the I-95 Corridor meeting all state and local requirements. Section 3. The Department of Transportation shall conduct said study utilizing an independent consultant. The development of the study scope of work, the selection of the independent consultant, and review of study recommendations, shall all be conducted jointly by DOT and a Committee to be appointed by the Boxford Board of Selectmen and the Boxford Board of Health. Within one year of the passage of this act, the Department of Transportation shall file a report of its activities and the developed recommendations with the governor and the clerks of the House of Representatives and the Senate who shall forward the same to the House and Senate committees on ways and means and other committees as appropriate. To the extent the report provides for disbursement of appropriations or other moneys authorized by the general court, the plan shall be subject to the approval of the secretary of transportation and the secretary of administration and finance”. Redraft TRP 521 PEABODY PARKING STUDY Mr. Berry moved that the bill be amended by inserting, after Section __, the following new Section:- “SECTION__. The Massachusetts Department of Transportation shall conduct a comprehensive analysis of the availability of public parking in downtown Peabody, which shall include recommendations to improve and increase access to public parking. The Department shall provide its report and recommendations to the governor, house and senate committees on ways and means and the joint committee on transportation not later than January 1, 2011” TRP 522 QUASIPUBLIC AUTHORITIES WAGE LIMIT Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:- “SECTION ___. No employees of any state authority, as defined in section 1 of chapter 29, may be provided compensation in salary or wages in excess of the salary provided to the governor of the Commonwealth, as set forth in section 1 of chapter 6, as so appearing, unless there is a documented justification for such higher compensation, said documentation must be signed by the Secretary of Administration and Finance in order to be effective.” TRP 523 WITHDRAWN TRP 524 TRANSPORTATION PROCUREMENT Mr. Hart moved that the bill be amended S 4 in Section 6 by striking out in its entirety outside SECTION 6 inserting in place thereof a new outside SECTION 6.:- “SECTION 6. Subsection (a) of section 5 of chapter 6C of the General Laws, as appearing in section 8 of chapter 25 of the acts of 2009, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- Notwithstanding any general or special law to the contrary, the department, including the Massachusetts Bay Transportation Authority, shall enter into agreements under sections 22, 22A and 22B of chapter 7; provided however, the department shall adhere to good business practices to be determined by the department in its procurement of equipment, materials, property and supplies, and shall comport with Sections 52,53,54 and 55of Chapter 7”. Section 7. The third sentence of section 15 of said chapter 6C, as so appearing is herby amended by inserting after the figure “29” the following words:- and the state purchasing agent under sections 22 and 22A of chapter 7. TRP 525 REVITALIZATION OF SOUTH BOSTON DESIGNATED PORT AREA Mr. Hart moved that the bill be amended SECTION 2. a) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized by this act to convey the property conveyed to the metropolitan district commission by virtue of section 106 of chapter 273 of the acts of 1994, together with all trees and structures thereon, if any, and appurtenant access, utility, or other easements, collectively referred to in this act as the “DCR Parcel,” as directed herein. The DCR Parcel is shown on the plan entitled “Plan of Land Between Reserved Channel and East First Street in the South Boston Designated Port Area,” dated March 24, 2010, drawn by _John A. Hammer III, PLS, on file with the Massachusetts Port Authority, referred to in this act as the “Plan.” The DCR Parcel is being conveyed subject to and with the benefit of that certain lease between the Massachusetts Bay Transportation Authority and Boston Harbor Lobstermen’s Association, Inc., dated April 1, 1984, with respect to approximately 96,000 square feet of land, and associated water sheet and access rights. The legal description of the DCR Parcel, as set forth in Section 106 of chapter 273 of the acts of 1994, is as follows: Beginning at the northwesterly corner of the northerly sideline of east first street shown as Point A on a plan entitled, “plan of land owned by metropolitan transit authority on O and East First streets South Boston”, on file with the Massachusetts Bay Transportation Authority; thence running in an easterly direction along said sidelines a distance of eighty feet + to a Point B on the plan; thence returning and running on a northerly direction a distance of two hundred eighty feet + to a Point C on the plan; thence turning and running in an easterly direction a distance of one hundred feet + to a Point D on the plan; thence turning and running in a northerly direction a distance of two hundred fifty feet + to a Point E on the plan; thence turning and running in an easterly direction two hundred ninety feet + to a point F on the plan; thence turning and running in a northeasterly direction fifty feet + to a Point G on the plan; thence turning and running in a northerly direction one hundred twenty feet + to a Point H on the Plan; thence turning and running in a northerly direction a distance of three hundred feet + to a Point I on the plan; thence turning and running on a northerly direction six hundred ten feet + to a Point J on the plan; said point being the northeasterly corner of the so-called line of Reserved Channel as shown on the plan; thence turning and running in a westerly direction along said line of Reserved Channel a distance of eight hundred two feet + to a Point K on the plan; thence turning and running in a southerly direction a distance of one thousand three hundred feet + to a Point A which is the point of beginning, containing six hundred twenty-four thousand eight hundred thirty square feet + of varied facilities. b) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized to convey the portion of the DCR Parcel consisting of 569,517_ square feet, shown on the Plan as the “Designated Port Area Parcel,” to the Massachusetts Port Authority. The legal description of the Designated Port Area Parcel is as follows: Beginning at a point at the northeasterly corner of the parcel at the intersection of the westerly line of a street formerly known as O Street and the southerly line of the Reserved Channel, Thence S88-23-28W a distance of 802.82 feet by said Reserved Channel, Thence S01-36-32E, a distance of 770.00 feet by land now or formerly of Exelon New Boston, LLC, Thence N88-23-28E, a distance of 562.83 feet, Thence N37-45-36E, a distance of 51.74 feet, Thence N01-36-32W, a distance of 120.00 feet, Thence N88-23-28E, a distance of 300.00 feet to said former O Street, Thence N01-36-32W, a distance of 610.00 feet by said former O Street to the point of the beginning, c) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized to convey the portion of the DCR Parcel consisting of 67,400 square feet, shown on the Plan as “MBTA Use Area,” to the Massachusetts Bay Transportation Authority. The legal description of the MBTA Use Area is as follows: Beginning at a point on East First Street being N88-23-28E, a distance of 810.00 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street, Thence N88-23-28E, a distance of 80.00 feet by said East First Street, Thence N01-36-32W, a distance of 280.00 feet, Thence N88-23-28E, a distance of 100.00 feet, Thence N01-36-32W, a distance of 250.00 feet, said last three courses by other land of the MBTA, Thence S88-23-28W, a distance of 272.83 feet by the previously described Designated Port Parcel, Thence S01-36-32E, a distance of 530.00 feet by land now or formerly of Exelon New Boston, LLC to the point of the beginning. SECTION 3 Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is authorized by this act to convey to the Massachusetts Port Authority the parcel of land consisting of 159,309 square feet shown on the Plan referenced in SECTION 2 as “Excess MBTA Parcel,” together with all trees and structures thereon, if any, and appurtenant access, utility, or other easements.. The legal description of the Excess MBTA Parcel is as follows: Beginning at a point on East First Street being N88-23-28E, a distance of 1362.82 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street, Thence N88-23-28E, a distance of 210.00 feet by said East First Street, Thence N43-23-28E, a distance of 56.57 feet by land of Massport, Thence N01-36-32W, distance of 650.00 feet by said former O Street, Thence S88-23-28W, a distance of 300.00 feet, Thence S01-36-32E, a distance of 120.00 feet, Thence S37-45-33W, a distance of 51.74 feet, said last three courses by said Designated Port Area Parcel, Thence reversing southeasterly along a non-tangent curve to the right of radius 144.08 feet, an arc distance of 114.93 feet, on a chord bearing S49-15-39E, Thence S19-21-25E, a distance of 169.03 feet, Thence southeasterly along a non-tangent curve to the left of radius 340.00 feet, an arc distance of 82.05 feet, on a chord bearing S26-39-44E, Thence continuing southeasterly along a tangent curve to the left of radius 282.00 feet, an arc distance of 100.89 feet, on a chord bearing S43-49-31E, Thence S01-36-32E, a distance of 45.15 feet, Thence S88-23-28W, a distance of 150.28 feet, Thence S01-36-28E, a distance of 100.00 feet, said last seven courses by remaining land of MBTA shown as MBTA PARCEL, to the point of the beginning. SECTION 4. Notwithstanding any general or special law to the contrary, upon acquisition of the Designated Port Area Parcel and the Excess MBTA Parcel pursuant to this act, the Massachusetts Port Authority shall dedicate a haul road right of way for future truck access to and egress from the Conley Terminal. The location and dimensions of such right of way may be established and changed by the Massachusetts Port Authority from time to time as long as such right of way remains north of, and does not encroach upon or cross, the Buffer Zone Area described in SECTION 5, or the Extended Buffer Areas described in SECTION 6. At such time as the additional right of way of appropriate width and dimensions is made available to the Massachusetts Port Authority to enable the haul road right of way to connect directly from Conley Terminal across the Excess MBTA Parcel and the Designated Port Area Parcel to Summer Street, the Massachusetts Port Authority shall have the obligation to design and construct said haul road. SECTION 5. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is authorized by this act to convey to the Massachusetts Port Authority the parcel of land abutting East First Street in South Boston shown as “Buffer Zone Area” on the Plan referenced in SECTION 2, which shall be used by the Massachusetts Port Authority as a buffer zone to help reduce visual and noise impacts associated with existing and future uses along Reserved Channel. The Massachusetts Bay Transportation Authority shall retain an easement within the Buffer Zone Area to maintain, repair, and replace its existing access, egress, and utilities across such Buffer Zone Area, as the same may be relocated, modified, or expanded in a manner consistent with this act and with the approval of the Massachusetts Port Authority. The legal description of the Buffer Zone Area is as follows: Beginning at a point on East First Street being N88-23-28E, a distance of 810.00 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street, Thence N88-23-28E, a distance of 552.82 feet by said East First Street, Thence N01-36-32W, a distance of 80.00 feet, Thence S88-23-28W, a distance of 472.82 feet, Thence N01-36-32W, a distance of 20.00 feet, Thence S88-23-28W, a distance of 80.00 feet, Thence S01-36-32E, a distance of 100.00 feet to the point of the beginning. SECTION 6. Notwithstanding any general or special law to the contrary, upon acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area pursuant to this act, the Massachusetts Port Authority shall (i) dedicate the use of said Buffer Zone Area and the areas labeled as “Extended Buffer Areas” on the Plan referenced in SECTION 2, as a buffer zone along East First Street to help reduce visual and noise impacts associated with existing and future uses along Reserved Channel, and (ii) promptly engage in a planning process, with a committee of South Boston community residents, to design said Buffer Zone Area and Extended Buffer Areas to achieve the purposes of this act. Said committee shall be comprised of ten members, two of whom are to be appointed by the mayor of Boston, two of whom are to be appointed by the senator in the general court representing the South Boston district in which the DCR Parcel is located, two of whom are to be appointed by the representative in the general court representing the South Boston district in which the DCR Parcel is located, two of whom are to be appointed by the city district councilor representing the South Boston district in which the DCR Parcel is located, and two of whom are to be appointed by the Massachusetts Port Authority. The legal descriptions of the areas labeled as “Extended Buffer Areas” on the Plan referenced in SECTION 2 are as follows: Beginning at a point on East First Street at the southwesterly corner of said Excess MBTA Parcel being N88-23-28E, a distance of 1362.82 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street, Thence N88-23-28E, a distance of 1382.43 feet by said East First Street, Thence N01-36-32W, a distance of 100.00 feet, Thence S88-23-28W, a distance of 1382.43 feet, Thence S01-36-32E, a distance of 100.00 feet to the point of the beginning, SECTION 7. The Massachusetts Port Authority shall have the right to provide access and egress, and utility services, across the Buffer Zone Area and Extended Buffer Areas described in this act; provided, that, after acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area by the Massachusetts Port Authority pursuant to this act, in no event shall freight hauling to and from Conley Terminal encroach upon or cross the Buffer Zone Area or Extended Buffer Areas. SECTION 8. The transfers in legal title and changes in use of land authorized in this act shall be effective notwithstanding any inconsistent public use and no compensation shall be paid. Notwithstanding any general or special law or regulation to the contrary, the transfers in legal title and changes in use of land authorized by this act may be implemented without any review, approval, authorization, or procedure otherwise applicable under the provisions of general or special law or regulation. SECTION 9. After acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area by the Massachusetts Port Authority pursuant to this act, the Massachusetts Port Authority shall have the obligation to use and maintain the Buffer Zone Area and Extended Buffer Areas described in this act as a buffer zone along East First Street to help reduce visual and noise impacts associated with the existing and future uses along Reserved Channel, and the Buffer Zone Area and the Extended Buffer Areas shall be subject to the provisions of Article XCVII of the Massachusetts Constitution. SECTION 10. Notwithstanding any provision of section 2B of chapter fifty-nine of the general laws or section 17 of chapter 465 of the acts of 1956, leasehold improvements leased to a foreign or domestic electric company, distribution company, or generating company, as such terms are defined in section one of chapter one hundred sixty-four of the general laws, constructed on land acquired by the Massachusetts Port Authority pursuant to this act shall be subject to taxation and assessment to the lessee thereof in the same manner as the lands and buildings thereon would be taxed to such lessee under section 2B of chapter fifty-nine of the General Laws by the city of Boston, except that the payment of the tax shall not be enforced by any lien upon or sale of the lands, but a sale of the leasehold interest therein and of the buildings thereon may be made by the collector of the city of Boston in the manner provided by law in case of nonpayment of taxes on real estate. Except as expressly provided in this section, the land acquired by the Massachusetts Port Authority pursuant to this act shall not be subject to taxation or assessment by the city of Boston nor shall the Massachusetts Port Authority be required to make payments in lieu of taxes to the city of Boston with respect to such land, such land being used for an essential governmental function. SECTION 11. Back to the Top

Amendment Home

Redraft TRP 505

MBTA EFFICIENCES

Mr. Baddour moved that the bill be amended by inserting the following new section:-

SECTION XX. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall be subject to subsection (e) of section 19 of chapter 6A of the General Laws and sections 12 to 14, inclusive, of chapter 86 of the acts of 2008; provided, further that the board of the Massachusetts Bay Transportation Authority shall execute a delegation of authority with terms of delegation identical to that executed by the board of the Massachusetts Department of Transportation to the highway division of said department in November, 2009; provided further, that the board of the Massachusetts Bay Transportation Authority shall amend its by-laws to require the board’s approval of the development of the capital investment programs required under subsection (g) of section 5 of chapter 161A of the General Laws, and to require the board’s approval of the operating budget of said authority.

TRP 506

REGISTRY OF MOTOR VEHICLES BRANCHES

Messrs. Brewer and Richard T. Moore moved that the bill be amended by inserting at the end the following section:-

Section XXX. Chapter 6C of the General Laws is hereby amended by inserting after section 6C the following section:-

Section 56A. (a) The administrator shall, prior to a decision made by the registrar to close or move the location of a branch, site or office which serves the public, he shall notify the city or town in which the branch, site or office is located, no less than 60 days prior to said decision by certified mail return receipt requested.
(b) Said administrator shall also hold a public hearing no less than 60 days after the proposed closing or moving of said branch, site or office. Said hearing shall be held in the city or town in which the branch, site or office is located. The registry of motor vehicles shall notify the city or town no less than 30 days prior to said public hearing by certified mail by return receipt requested and advertise in a local newspaper the time and the location of the scheduled public hearing no less than 4 weeks prior to said public hearing. Notification of said public hearing shall appear no less than 1 time each week for such 4 week time period.

TRP 507

CONTRACTUAL OBLIGATIONS OF THE COMMONWEALTH

Messrs. Brewer and Richard T. Moore moved that the bill be amended by inserting at the end of the following section:-

“Section XXX. Notwithstanding the provisions of any general or special law to the contrary, the Commonwealth of Massachusetts, or any subsidiary thereof, upon the exercising of any contractual “escape clause”, so-called, will hold harmless any indebtedness and/or future financial burdens borne on the Commonwealth’s behalf for the purpose of providing services, from any third party maintained in good standing. The contractual agreement between the Commonwealth and the Lessor for the Southbridge Registry Full Services Office that was in existence prior to July 1, 2009 shall be reinstated until a negotiated agreement is fulfilled.”

TRP 508

ARRA FUNDING DISBURSEMENTS STUDY

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ___. Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the expenditure of funds received through the American Reinvestment and Recovery Act. The commission shall specifically investigate the possibility that said funds have been spent on or through non-domestic entities, including, but not limited to, the purchase of raw materials, contracting of labor or any transaction of business with companies located, based or incorporated in a foreign country. The commission shall consist of 11 members, as follows: the chairs of the joint committee on federal stimulus oversight, who shall chair the commission; 1 designee appointed by the governor; the house chair of ways and means, or his designee; the senate chair of ways and means, or his designee; the secretary of administration and finance, or his designee; the attorney general, or his designee; the treasurer of the commonwealth, or his designee; the auditor of the commonwealth, or his designee; the comptroller of the commonwealth, or his designee; the minority leader of the senate, or his designee; the minority leader of the house of representatives, or his designee. The commission shall report its findings and recommendations to the clerk of the senate, the clerk of the house of representatives, the house minority leader and the senate minority leader no later than January 30^th, 2011.”.

TRP 509

SOUND BARRIERS ALONG THE TURNPIKE

Ms. Spilka moved that the bill be amended by inserting at the end thereof the following new section:

SECTION X. Notwithstanding any general or special law to the contrary, the Massachusetts department of transportation is hereby directed to conduct a comprehensive sound study along Interstate 90 in the following towns: the town of Framingham, the town of Natick and the town of Hopkinton. Said study shall be conducted by an acoustical engineer. In those residential areas where the decibel level generated by traffic on Interstate 90 exceeds the ambient level by ten or more decibels, the department shall install sound barriers in order to mitigate said noise pollution problems.

2nd Redraft TRP 510

EASTON ROUTE 138 & ROUTE 123 IMPROVEMENTS

Mr. Joyce moved that the bill be amended, in section 2, in item 1595-6368, by inserting the following:- “provided that funds may be expended for the design, planning, infrastructure and road improvements, signalization, sidewalks, lighting, safety and aesthetic improvements at the intersections of Washington Street at Belmont Street and at Roosevelt Circle in the Town of Easton.”

TRP 511

COMMUTER RAIL EXPANSION MORATORIUM

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION __. Notwithstanding any special or general law to the contrary the Treasurer of the Commonwealth shall not issue any bonds for the planning, design or construction of any new mass transit expansion project if it has not been certified by the Secretary of Administration and Finance that sufficient revenues exist, or will be generated to operate and maintain in a state of good repair such a new transportation asset.”

TRP 512

EASTON ROUTE 106 SAFETY

Mr. Joyce moved that the bill be amended, in section 2, in item 1595-6368, by inserting the following: “; Provided further that $125,000 shall be expended for the design, planning, infrastructure and road improvements, signalization, sidewalks, lighting, safety and aesthetic improvements at the intersection of Foundry Street and Prospect Street, in the Town of Easton”

TRP 513

RMV MAIL NOTIFICATION

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION __. Notwithstanding any special or general law to the contrary, the registrar of motor vehicles shall notify all persons whose license to operate a motor vehicle is set to expire by mail, not later than 30 days prior to such expiration.”

TRP 514

THREE YEAR RMV REGISTRATION

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ___. Section 2 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the seventh paragraph the following paragraphs:-

“Any renewal registration for a private passenger motor vehicle shall be for a period of 3 years, provided such renewal shall not be for a registration where the registrar has issued for such vehicle, distinctive registration plates, or special registration plates of distinctive type or types including plates of a vanity type and plates bearing the station call letters of an amateur radio operator, or such other particular registration plates not distinctive, requested by such vehicle’s owner, known as reserve plates.”

TRP 515

PAUL X. TIVNAN DRIVE

Ms. Chandler moved that the bill be amended, in section 2, in item 1595-6368, by adding at the end thereof the following: “provided further the road known as Paul X. Tivnan Drive, located in the Towns of Boylston and West Boylston, be returned immediately to the authority of the state and the Mass Highway Department for all maintenance”.

TRP 516

WITHDRAWN

TRP 517

EFFECTIVENESS OF FLAGMEN

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-

“SECTION XX. Section 10 of Chapter 86 of the Acts of 2008 is hereby amended by adding at the end the following additional paragraph:-

“The secretary, in consultation with the secretary of public safety and homeland security, the secretary of administration and finance, and the commissioner of the department of revenue, shall report annually not later than not later than June 30 in each year from 2011 to 2015 on the cost savings, if any, to both the commonwealth and to municipalities, as well as any impacts on public safety, which result from these regulations. Data in such report shall be based on the best available information, and may include estimates if necessary. Such report shall be filed with the senate and house committees on ways and means, the joint committee on transportation, and the joint committee on public safety and homeland security.”

TRP 518

TOLL CREDITS

Mssrs. Rosenberg and M. Moore moved that the bill be amended by inserting, at the end thereof following new Section:-

SECTION __. Subsection (b) of Section 75 of Chapter 303 of the Acts of 2008 shall not apply in fiscal year 2011.

TRP 519

REGISTRY USE OF MUNICIPAL BUILDINGS

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-

“SECTION XX. The Registrar of Motor Vehicles is hereby authorized and directed to evaluate the feasibility of utilizing municipally owned buildings and the facilities therein for the provision of those services currently available at branch offices of the Registry of Motor Vehicles.

Such evaluation shall include, but not be limited to, the consideration of the geographic dispersion of such buildings, the potential to increase access and convenience to those served by the registry by deploying services in them, the potential cost savings which may result from relocating services to such buildings from leased or rented facilities, and any benefits which may accrue to municipalities, including rental income from payments otherwise expended on private buildings and facilities.

In conducting such evaluation, the registrar shall solicit information from each city and town as to the availability and potential cost of buildings and facilities, and shall conduct not less than two public hearings to receive testimony on the feasibility of providing services as described herein.

The registrar shall submit a report containing the results of said evaluation, together with any legislative recommendations resulting therefrom, to the clerks of the House and Senate not later than May 31, 2011.

TRP 520

SAFE DRINKING WATER IN BOXFORD

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-

“Section XX. Section1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Safe drinking water" is defined as water meeting or exceeding all primary and secondary standards, and recommended guidelines for drinking water as defined by the Massachusetts Department of Environmental Protection. “I-95 Corridor” as used herein is defined as the area within the Town of Boxford located approximately 1,500 feet from any portion of Interstate Highway 95. Section 2. The Massachusetts Department of Transportation (MassDOT) shall conduct a comprehensive study to determine the cumulative and immediate effects of deicing chemical storage and deicing operations on the groundwater aquifer(s) and bedrock fissures within the I-95 Corridor. Specifically: the study shall determine how and why deicing chemicals applied to Interstate 95 have infiltrated the ground water aquifers and bedrock and what measures need to be taken to prevent it from occurring in the future. The study shall provide recommendations as to: (i) the proximate cause(s) of deicing chemicals, including sodium and chloride, infiltration into the groundwater aquifer(s) and bedrock fissures within the I-95 Corridor; (ii) short-term and long-term remedial action(s) necessary to restore groundwater quality to a Safe Drinking Water standard within the I-95 Corridor; (iii) a plan to modify highway drainage systems so as to prevent storm water run-off and highway drainage from adversely impacting aquifers, bedrock and adjacent wetland resource areas; and (iv) an alternative means to provide a reliable and adequate safe drinking water supply to the residents located within the I-95 Corridor meeting all state and local requirements. Section 3. The Department of Transportation shall conduct said study utilizing an independent consultant. The development of the study scope of work, the selection of the independent consultant, and review of study recommendations, shall all be conducted jointly by DOT and a Committee to be appointed by the Boxford Board of Selectmen and the Boxford Board of Health. Within one year of the passage of this act, the Department of Transportation shall file a report of its activities and the developed recommendations with the governor and the clerks of the House of Representatives and the Senate who shall forward the same to the House and Senate committees on ways and means and other committees as appropriate. To the extent the report provides for disbursement of appropriations or other moneys authorized by the general court, the plan shall be subject to the approval of the secretary of transportation and the secretary of administration and finance”.

Redraft TRP 521

PEABODY PARKING STUDY

Mr. Berry moved that the bill be amended by inserting, after Section __, the following new Section:-

“SECTION__. The Massachusetts Department of Transportation shall conduct a comprehensive analysis of the availability of public parking in downtown Peabody, which shall include recommendations to improve and increase access to public parking. The Department shall provide its report and recommendations to the governor, house and senate committees on ways and means and the joint committee on transportation not later than January 1, 2011”

TRP 522

QUASIPUBLIC AUTHORITIES WAGE LIMIT

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ___. No employees of any state authority, as defined in section 1 of chapter 29, may be provided compensation in salary or wages in excess of the salary provided to the governor of the Commonwealth, as set forth in section 1 of chapter 6, as so appearing, unless there is a documented justification for such higher compensation, said documentation must be signed by the Secretary of Administration and Finance in order to be effective.”

TRP 523

WITHDRAWN

TRP 524

TRANSPORTATION PROCUREMENT

Mr. Hart moved that the bill be amended S 4 in Section 6 by striking out in its entirety outside SECTION 6 inserting in place thereof a new outside SECTION 6.:-

“SECTION 6. Subsection (a) of section 5 of chapter 6C of the General Laws, as appearing in section 8 of chapter 25 of the acts of 2009, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, the department, including the Massachusetts Bay Transportation Authority, shall enter into agreements under sections 22, 22A and 22B of chapter 7; provided however, the department shall adhere to good business practices to be determined by the department in its procurement of equipment, materials, property and supplies, and shall comport with Sections 52,53,54 and 55of Chapter 7”.

Section 7. The third sentence of section 15 of said chapter 6C, as so appearing is herby amended by inserting after the figure “29” the following words:- and the state purchasing agent under sections 22 and 22A of chapter 7.

TRP 525

REVITALIZATION OF SOUTH BOSTON DESIGNATED PORT AREA

Mr. Hart moved that the bill be amended

SECTION 2.

a) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized by this act to convey the property conveyed to the metropolitan district commission by virtue of section 106 of chapter 273 of the acts of 1994, together with all trees and structures thereon, if any, and appurtenant access, utility, or other easements, collectively referred to in this act as the “DCR Parcel,” as directed herein. The DCR Parcel is shown on the plan entitled “Plan of Land Between Reserved Channel and East First Street in the South Boston Designated Port Area,” dated March 24, 2010, drawn by _John A. Hammer III, PLS, on file with the Massachusetts Port Authority, referred to in this act as the “Plan.” The DCR Parcel is being conveyed subject to and with the benefit of that certain lease between the Massachusetts Bay Transportation Authority and Boston Harbor Lobstermen’s Association, Inc., dated April 1, 1984, with respect to approximately 96,000 square feet of land, and associated water sheet and access rights.

The legal description of the DCR Parcel, as set forth in Section 106 of chapter 273 of the acts of 1994, is as follows:

Beginning at the northwesterly corner of the northerly sideline of east first street shown as Point A on a plan entitled, “plan of land owned by metropolitan transit authority on O and East First streets South Boston”, on file with the Massachusetts Bay Transportation Authority; thence running in an easterly direction along said sidelines a distance of eighty feet + to a Point B on the plan; thence returning and running on a northerly direction a distance of two hundred eighty feet + to a Point C on the plan; thence turning and running in an easterly direction a distance of one hundred feet + to a Point D on the plan; thence turning and running in a northerly direction a distance of two hundred fifty feet + to a Point E on the plan; thence turning and running in an easterly direction two hundred ninety feet + to a point F on the plan; thence turning and running in a northeasterly direction fifty feet + to a Point G on the plan; thence turning and running in a northerly direction one hundred twenty feet + to a Point H on the Plan; thence turning and running in a northerly direction a distance of three hundred feet + to a Point I on the plan; thence turning and running on a northerly direction six hundred ten feet + to a Point J on the plan; said point being the northeasterly corner of the so-called line of Reserved Channel as shown on the plan; thence turning and running in a westerly direction along said line of Reserved Channel a distance of eight hundred two feet + to a Point K on the plan; thence turning and running in a southerly direction a distance of one thousand three hundred feet + to a Point A which is the point of beginning, containing six hundred twenty-four thousand eight hundred thirty square feet + of varied facilities.

b) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized to convey the portion of the DCR Parcel consisting of 569,517_ square feet, shown on the Plan as the “Designated Port Area Parcel,” to the Massachusetts Port Authority.

The legal description of the Designated Port Area Parcel is as follows:

Beginning at a point at the northeasterly corner of the parcel at the intersection of the westerly line of a street formerly known as O Street and the southerly line of the Reserved Channel,

Thence S88-23-28W a distance of 802.82 feet by said Reserved Channel,

Thence S01-36-32E, a distance of 770.00 feet by land now or formerly of Exelon New Boston, LLC,

Thence N88-23-28E, a distance of 562.83 feet,

Thence N37-45-36E, a distance of 51.74 feet,

Thence N01-36-32W, a distance of 120.00 feet,

Thence N88-23-28E, a distance of 300.00 feet to said former O Street,

Thence N01-36-32W, a distance of 610.00 feet by said former O Street to the point of the beginning,

c) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized to convey the portion of the DCR Parcel consisting of 67,400 square feet, shown on the Plan as “MBTA Use Area,” to the Massachusetts Bay Transportation Authority.

The legal description of the MBTA Use Area is as follows:

Beginning at a point on East First Street being N88-23-28E, a distance of 810.00 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,

Thence N88-23-28E, a distance of 80.00 feet by said East First Street,

Thence N01-36-32W, a distance of 280.00 feet,

Thence N88-23-28E, a distance of 100.00 feet,

Thence N01-36-32W, a distance of 250.00 feet, said last three courses by other land of the MBTA,

Thence S88-23-28W, a distance of 272.83 feet by the previously described Designated Port Parcel,

Thence S01-36-32E, a distance of 530.00 feet by land now or formerly of Exelon New Boston, LLC to the point of the beginning.

SECTION 3

Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is authorized by this act to convey to the Massachusetts Port Authority the parcel of land consisting of 159,309 square feet shown on the Plan referenced in SECTION 2 as “Excess MBTA Parcel,” together with all trees and structures thereon, if any, and appurtenant access, utility, or other easements..

The legal description of the Excess MBTA Parcel is as follows:

Beginning at a point on East First Street being N88-23-28E, a distance of 1362.82 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,

Thence N88-23-28E, a distance of 210.00 feet by said East First Street,

Thence N43-23-28E, a distance of 56.57 feet by land of Massport,

Thence N01-36-32W, distance of 650.00 feet by said former O Street,

Thence S88-23-28W, a distance of 300.00 feet,

Thence S01-36-32E, a distance of 120.00 feet,

Thence S37-45-33W, a distance of 51.74 feet, said last three courses by said Designated Port Area Parcel,

Thence reversing southeasterly along a non-tangent curve to the right of radius 144.08 feet, an arc distance of 114.93 feet, on a chord bearing S49-15-39E,

Thence S19-21-25E, a distance of 169.03 feet,

Thence southeasterly along a non-tangent curve to the left of radius 340.00 feet, an arc distance of 82.05 feet, on a chord bearing S26-39-44E,

Thence continuing southeasterly along a tangent curve to the left of radius 282.00 feet, an arc distance of 100.89 feet, on a chord bearing S43-49-31E,

Thence S01-36-32E, a distance of 45.15 feet,

Thence S88-23-28W, a distance of 150.28 feet,

Thence S01-36-28E, a distance of 100.00 feet, said last seven courses by remaining land of MBTA shown as MBTA PARCEL, to the point of the beginning.

SECTION 4.

Notwithstanding any general or special law to the contrary, upon acquisition of the Designated Port Area Parcel and the Excess MBTA Parcel pursuant to this act, the Massachusetts Port Authority shall dedicate a haul road right of way for future truck access to and egress from the Conley Terminal. The location and dimensions of such right of way may be established and changed by the Massachusetts Port Authority from time to time as long as such right of way remains north of, and does not encroach upon or cross, the Buffer Zone Area described in SECTION 5, or the Extended Buffer Areas described in SECTION 6. At such time as the additional right of way of appropriate width and dimensions is made available to the Massachusetts Port Authority to enable the haul road right of way to connect directly from Conley Terminal across the Excess MBTA Parcel and the Designated Port Area Parcel to Summer Street, the Massachusetts Port Authority shall have the obligation to design and construct said haul road.

SECTION 5.

Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is authorized by this act to convey to the Massachusetts Port Authority the parcel of land abutting East First Street in South Boston shown as “Buffer Zone Area” on the Plan referenced in SECTION 2, which shall be used by the Massachusetts Port Authority as a buffer zone to help reduce visual and noise impacts associated with existing and future uses along Reserved Channel. The Massachusetts Bay Transportation Authority shall retain an easement within the Buffer Zone Area to maintain, repair, and replace its existing access, egress, and utilities across such Buffer Zone Area, as the same may be relocated, modified, or expanded in a manner consistent with this act and with the approval of the Massachusetts Port Authority.

The legal description of the Buffer Zone Area is as follows:

Beginning at a point on East First Street being N88-23-28E, a distance of 810.00 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,

Thence N88-23-28E, a distance of 552.82 feet by said East First Street,

Thence N01-36-32W, a distance of 80.00 feet,

Thence S88-23-28W, a distance of 472.82 feet,

Thence N01-36-32W, a distance of 20.00 feet,

Thence S88-23-28W, a distance of 80.00 feet,

Thence S01-36-32E, a distance of 100.00 feet to the point of the beginning.

SECTION 6.

Notwithstanding any general or special law to the contrary, upon acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area pursuant to this act, the Massachusetts Port Authority shall (i) dedicate the use of said Buffer Zone Area and the areas labeled as “Extended Buffer Areas” on the Plan referenced in SECTION 2, as a buffer zone along East First Street to help reduce visual and noise impacts associated with existing and future uses along Reserved Channel, and (ii) promptly engage in a planning process, with a committee of South Boston community residents, to design said Buffer Zone Area and Extended Buffer Areas to achieve the purposes of this act. Said committee shall be comprised of ten members, two of whom are to be appointed by the mayor of Boston, two of whom are to be appointed by the senator in the general court representing the South Boston district in which the DCR Parcel is located, two of whom are to be appointed by the representative in the general court representing the South Boston district in which the DCR Parcel is located, two of whom are to be appointed by the city district councilor representing the South Boston district in which the DCR Parcel is located, and two of whom are to be appointed by the Massachusetts Port Authority.

The legal descriptions of the areas labeled as “Extended Buffer Areas” on the Plan referenced in SECTION 2 are as follows: Beginning at a point on East First Street at the southwesterly corner of said Excess MBTA Parcel being N88-23-28E, a distance of 1362.82 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,

Thence N88-23-28E, a distance of 1382.43 feet by said East First Street,

Thence N01-36-32W, a distance of 100.00 feet,

Thence S88-23-28W, a distance of 1382.43 feet,

Thence S01-36-32E, a distance of 100.00 feet to the point of the beginning,

SECTION 7.

The Massachusetts Port Authority shall have the right to provide access and egress, and utility services, across the Buffer Zone Area and Extended Buffer Areas described in this act; provided, that, after acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area by the Massachusetts Port Authority pursuant to this act, in no event shall freight hauling to and from Conley Terminal encroach upon or cross the Buffer Zone Area or Extended Buffer Areas.

SECTION 8.

The transfers in legal title and changes in use of land authorized in this act shall be effective notwithstanding any inconsistent public use and no compensation shall be paid. Notwithstanding any general or special law or regulation to the contrary, the transfers in legal title and changes in use of land authorized by this act may be implemented without any review, approval, authorization, or procedure otherwise applicable under the provisions of general or special law or regulation.

SECTION 9.

After acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area by the Massachusetts Port Authority pursuant to this act, the Massachusetts Port Authority shall have the obligation to use and maintain the Buffer Zone Area and Extended Buffer Areas described in this act as a buffer zone along East First Street to help reduce visual and noise impacts associated with the existing and future uses along Reserved Channel, and the Buffer Zone Area and the Extended Buffer Areas shall be subject to the provisions of Article XCVII of the Massachusetts Constitution.

SECTION 10.

Notwithstanding any provision of section 2B of chapter fifty-nine of the general laws or section 17 of chapter 465 of the acts of 1956, leasehold improvements leased to a foreign or domestic electric company, distribution company, or generating company, as such terms are defined in section one of chapter one hundred sixty-four of the general laws, constructed on land acquired by the Massachusetts Port Authority pursuant to this act shall be subject to taxation and assessment to the lessee thereof in the same manner as the lands and buildings thereon would be taxed to such lessee under section 2B of chapter fifty-nine of the General Laws by the city of Boston, except that the payment of the tax shall not be enforced by any lien upon or sale of the lands, but a sale of the leasehold interest therein and of the buildings thereon may be made by the collector of the city of Boston in the manner provided by law in case of nonpayment of taxes on real estate. Except as expressly provided in this section, the land acquired by the Massachusetts Port Authority pursuant to this act shall not be subject to taxation or assessment by the city of Boston nor shall the Massachusetts Port Authority be required to make payments in lieu of taxes to the city of Boston with respect to such land, such land being used for an essential governmental function.

SECTION 11.

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