PETITION OF:

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to reduce our dependence on foreign oil by expanding access to public transportation, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

SECTION 1. It is hereby found that, after two decades of investment in the reconstruction of Boston’s central artery and related infrastructure and the resulting lack of investment in transportation infrastructure in the remainder of the commonwealth, the improvement of public transportation outside of greater Boston is beneficial to the economic development of the commonwealth and the general welfare of its citizens. While Boston and adjacent towns have benefited from the central artery project, much of the remainder of the commonwealth has stagnated economically since the start of that project. There is satisfactory evidence that improvements in public transportation in other cities and towns outside of Boston will improve the economies of those cities and towns and, thereby, revitalize the economy of the commonwealth as a whole. Such improvements to train, bus and intermodal public transportation centers have been shown to attract private investment and development. Improved public transportation in Massachusetts’ smaller cities and towns will increase the tax base, provide important, new employment opportunities and otherwise benefit the general welfare of the citizens of the commonwealth.

It is further found and declared that extending public transportation access to more of the commonwealth’s residents in more of its cities and towns is in furtherance of a public purpose and will provide an essential stimulus to the economic health and development of the impacted cities and towns. To assure that those principally benefited by new or improved public transit options bear some of the associated costs, it is appropriate that a portion of the costs incurred in expanding or improving public transit be paid by those immediately benefited by such projects. Residents and businesses in impacted communities will benefit from the increased convenience and lower costs of public transit and property owners will benefit from the increase in property values which follow such investments. Travel related businesses, including hotels, restaurants and entertainment and other retail establishments within the commonwealth will benefit from these projects and will in turn generate substantial, new revenues to the commonwealth through room occupancy, meals and sales taxes. Therefore, the development of new or improvement transit warrants the imposition of special financing fees on room occupancy, motor vehicle rentals and related travel businesses in impacted cities and towns. In addition, district improvement financing will capture some of the increases in property values these projects will produce. This substantial source of new revenue will provide a means to insure that the costs of construction of public transit projects will be financed and paid to the fullest extent possible without substantial resort to the existing general revenues of the commonwealth.

It is further found and declared that the prompt accomplishment of these public purposes requires the timely completion of the Fund’s projects. The commonwealth wishes to avoid the substantial risk of construction delay and resulting additional costs caused by labor disharmony in connection with the construction of these projects. Therefore, the commonwealth, in its capacity as a market participant, has decided to require project labor agreements, including a uniform grievance and arbitration procedure and an obligation not to strike, for construction work on these projects.

SECTION 1A. To provide for the construction and financing of public transportation improvements outside of greater Boston, the sums set forth in this section and section 1B are hereby made available, subject to the provisions of law regulating the disbursements of public funds and the approval thereof.

EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.

Executive Office.

1100-XXXX

For the Commuter Rail Parking Expansions as defined in Section 2; provided, that amounts expended from this item shall be for the planning, financing, development, construction and related costs of this project in accordance with the provisions of section 14; and (b) all construction employees employed in the construction of said project shall be paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (1) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (2) mutually agreeable uniform work rules and schedules for the project; and (3) an obligation for any such labor organization and its constituent members not to strike with respect to work on such project, provided that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract.........................................$50,000,000

1100-XXXX

For the New Bedford/Fall River Commuter Rail Extension as defined in section 2; provided, that amounts expended from this item shall be for the planning, financing, development, construction and related costs of this project in accordance with the provisions of section 14; and (b) all construction employees employed in the construction of said project shall be paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (1) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (2) mutually agreeable uniform work rules and schedules for the project; and (3) an obligation for any such labor organization and its constituent members not to strike with respect to work on such project, provided that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract.........................................$800,000,000

1100-XXXX

For the Worcester Commuter Rail Improvement as defined in section 2; provided, that amounts expended from this item shall be for the planning, financing, development, construction and related costs of this project in accordance with the provisions of section 14; and (b) all construction employees employed in the construction of said project shall be paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (1) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (2) mutually agreeable uniform work rules and schedules for the project; and (3) an obligation for any such labor organization and its constituent members not to strike with respect to work on such project, provided that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract.........................................$200,000,000

1100-XXXX

For the Springfield Commuter Rail Extension as defined in section 2; provided, that amounts expended from this item shall be for the planning, financing, development, construction and related costs of this project in accordance with the provisions of section 14; and (b) all construction employees employed in the construction of said project shall be paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (1) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (2) mutually agreeable uniform work rules and schedules for the project; and (3) an obligation for any such labor organization and its constituent members not to strike with respect to work on such project, provided that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract.........................................$500,000,000

1100-XXXX

For the Fitchburg Commuter Rail Improvement as defined in section 2; provided, that amounts expended from this item shall be for the planning, financing, development, construction and related costs of this project in accordance with the provisions of section 14; and (b) all construction employees employed in the construction of said project shall be paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (1) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (2) mutually agreeable uniform work rules and schedules for the project; and (3) an obligation for any such labor organization and its constituent members not to strike with respect to work on such project, provided that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract.........................................$75,000,000

1100-XXXX

For the Wareham/Hyannis Commuter Rail Extension as defined in section 2; provided, that amounts expended from this item shall be for the planning, financing, development, construction and related costs of this project in accordance with the provisions of section 14; and (b) all construction employees employed in the construction of said project shall be paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (1) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (2) mutually agreeable uniform work rules and schedules for the project; and (3) an obligation for any such labor organization and its constituent members not to strike with respect to work on such project, provided that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract.........................................$113,000,000

1100-XXXX

For the Lynn Blue Line Extension as defined in section 2; provided, that amounts expended from this item shall be for the planning, financing, development, construction and related costs of this project in accordance with the provisions of section 14; and (b) all construction employees employed in the construction of said project shall be paid no less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (1) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (2) mutually agreeable uniform work rules and schedules for the project; and (3) an obligation for any such labor organization and its constituent members not to strike with respect to work on such project, provided that it shall not be a precondition to the award of a contract that a bidder have previously entered into a collective bargaining agreement with a labor organization, but only that the bidder be willing to execute and comply with said project labor agreement for the project if it is awarded a contract.........................................$357,000,000

SECTION 2. As used in this act, the following words shall have the following meanings,

“Commuter Rail Parking Expansions”, the planning, design, acquisition, development, construction, furnishing, equipping and finishing, or any combination of the foregoing, of and land acquisition for the expansion of parking capacity at those of the commuter rail stations operating as of January 1, 2008 selected for expansion or improvement by the Massachusetts Bay Transportation Authority, as described in and generally consistent with the plans to be prepared by the MBTA pursuant to section 3, together with all necessary and related furnishings, machinery, equipment, facilities, stations, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting 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 necessary for such 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 therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances.

"Cost", as applied to a project and the site thereof, all costs, whenever incurred, of acquiring such site 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 to this act 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 expense as may be necessary or incident to the construction or acquisition of a project and the site thereof, the financing thereof and the issuance of bonds or notes by the commonwealth under the provisions of this act and placing a project in operation.

“Fitchburg Commuter Rail Improvement”, the planning, design, acquisition, development, construction, furnishing, equipping and finishing, or any combination of the foregoing, of and land acquisition necessary to increase the frequency and capacity of commuter rail service on the Fitchburg Commuter Rail Line, as described in and generally consistent with the plans to be prepared by the MBTA pursuant to section 3, together with all necessary and related furnishings, machinery, equipment, facilities, stations, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting 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 necessary for such 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 therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances.

“Fitchburg Commuter Rail Improvement Fund”, the fund established by section 7.

“Lynn Blue Line Extension”, the planning, design, acquisition, development, construction, furnishing, equipping and finishing, or any combination of the foregoing, of and land acquisition necessary to extend blue line subway service from Revere to Lynn, as described in and generally consistent with the plans to be prepared by the MBTA pursuant to section 3, together with all necessary and related furnishings, machinery, equipment, facilities, stations, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting 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 necessary for such 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 therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances.

“Lynn Blue Line Extension Fund”, the fund established by section 7.

“New Bedford/Fall River Commuter Rail Extension”, the planning, design, acquisition, development, construction, furnishing, equipping and finishing, or any combination of the foregoing, of and land acquisition necessary to extend commuter rail service from Stoughton to New Bedford and from Stoughton to Fall River, as described in and generally consistent with the plans to be prepared by the MBTA, together with all necessary and related furnishings, machinery, equipment, facilities, stations, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting 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 necessary for such 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 therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances.

“New Bedford/Fall River Commuter Rail Extension Fund”, the fund established by Section 7.

"Rail Project", the planning, design, acquisition, development, construction, expansion, rehabilitation, improvement, furnishing, equipping and finishing or any combination of the foregoing, of any one of the following: New Bedford/Fall River Commuter Rail Extension, Worcester Commuter Rail Improvement, Springfield Commuter Rail Extension, Fitchburg Commuter Rail Improvement, Wareham/Hyannis Commuter Rail Extension and the Lynn Blue Line Extension as defined herein, together with all necessary and related furnishings, machinery, equipment, facilities, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting 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 therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances.

"Projects", all projects defined in this section 2.

"Project Plans", collectively, the plans required by Section 3 for each of the rail projects.

“Springfield Commuter Rail Extension”, the planning, design, acquisition, development, construction, furnishing, equipping and finishing, or any combination of the foregoing, of and land acquisition necessary to extend commuter rail service from Worcester to Springfield and from Springfield to Connecticut, as described in and generally consistent with the plans to be prepared by the MBTA pursuant to section 3, together with all necessary and related furnishings, machinery, equipment, facilities, stations, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting 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 necessary for such 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 therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances.

“Springfield Commuter Rail Extension Fund”, the fund established by section 7.

“Wareham/Hyannis Commuter Rail Extension”, the planning, design, acquisition, development, construction, furnishing, equipping and finishing, or any combination of the foregoing, of and land acquisition necessary to extend commuter rail service from Lakeville to Hyannis via Wareham, as described in and generally consistent with the plans to be prepared by the MBTA pursuant to section 3, together with all necessary and related furnishings, machinery, equipment, facilities, stations, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting 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 necessary for such 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 therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances.

“Wareham Commuter Rail Extension Fund”, the fund established by section 7.

“Worcester Commuter Rail Improvement”, the planning, design, acquisition, development, construction, furnishing, equipping and finishing, or any combination of the foregoing, of and land acquisition necessary to expand the frequency and capacity of commuter rail service from Boston to Worcester, as described in and generally consistent with the plans to be prepared by the MBTA pursuant to section 3, together with all necessary and related furnishings, machinery, equipment, facilities, stations, approaches, driveways, walkways, parking facilities, roadways, public transportation, statuary, fountains, planting 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 necessary for such 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 therefor, and site preparation and environmental remediation. Whenever appropriate, the term shall also mean such lands, buildings or structures and such appurtenances.

“Worcester Commuter Rail Extension Fund”, the fund established by section 7.

SECTION 3. The MBTA is hereby authorized and directed to complete or update all legally required studies and reports necessary to begin the construction of the Fitchburg Commuter Rail Improvement, Lynn Blue Line Extension, New Bedford/Fall River Commuter Rail Extension, Wareham/Hyannis Commuter Rail Extension and Worcester Commuter Rail Improvement prior to June 30, 2008 and to complete or update all legally required studies and reports necessary to begin the construction of the Springfield Commuter Rail Extension prior to June 30, 2010. Each Project Plan shall (1) be sufficiently complete to indicate the project boundaries, such land acquisition, demolition and removal of structures, and such redevelopment and general public improvements, as may be proposed to be carried out and proposed land uses including preliminary project designs and a description of the project programs; (2) indicate or be accompanied by materials indicating the proposed method for relocation of persons and organizations to be displaced by the project; (3) indicate cost estimates of the project, including acquisition, and identification of parcels to be acquired and the estimated cost thereof; (4) include proposals for community participation; and (5) consider and describe measures to mitigate environmental and neighborhood impacts of the project and such other planning and urban design issues as the MBTA shall determine are presented by the project.

(b) In connection with the preparation of the Project Plans and plans necessary to undertake the Commuter Rail Parking Expansion and the exercise by the MBTA of its powers under this act, the MBTA and its authorized agents and contractors are hereby authorized, whenever the MBTA deems it necessary or convenient, to enter onto any properties and the improvements thereon and to undertake appraisals, surveys, environmental analyses and investigations, including subsurface investigations, permitting analyses and investigations, and other investigations and analyses, for the purpose of determining the value and condition of such properties. The MBTA shall provide 20 days written notice by certified mail to the owners of properties, as such owners are recorded in the office of the city assessor, prior to any such entry. Such entry, appraisals, surveys, analyses and investigations shall not be deemed a trespass, a taking by eminent domain or an entry under any eminent domain or condemnation proceedings. The MBTA shall make reimbursement for any actual injury or actual damage resulting to such properties and any improvements thereon from the entry, appraisals, surveys, analyses and investigations authorized hereunder, and the MBTA shall, as far as possible, restore such properties and the improvements thereon to their condition prior to such entry, appraisals, surveys, analyses and investigations. Without derogating from the foregoing, the MBTA is hereby authorized to exercise the power of eminent domain as provided in clause (d) of section 11 of chapter 121B of the General Laws in order to temporarily obtain access to properties and the improvements thereon for the MBTA and its agents and contractors for the purpose of conducting the appraisals, surveys, analyses and investigations authorized by this act. If the MBTA restores the properties and improvements as required hereunder, the damages for the temporary taking hereby authorized shall be nominal in the absence of extraordinary circumstances unique to particular properties.

SECTION 4. (a) Subject to section 16, the MBTA is hereby authorized and directed to acquire all lands, properties, rights, air rights, sub-surface rights, easements and other interests necessary to complete the projects. To carry out and effectuate the foregoing purposes, the MBTA may take by eminent domain under chapter 79 or chapter 80A of the General Laws, or acquire by purchase, lease, gift, bequest, grant or otherwise from any party, public or private, and hold, clear, repair, operate and, after having taken or acquired the same, convey as provided in this act, any lands and other property, real or personal, improved or unimproved, tangible or intangible, and any interest therein, including, to the extent not inconsistent with federal law, railroad properties, necessary to complete the projects, as stipulated in the reports to be produced pursuant to section 3, after a public hearing of which the land owners of record have been notified by certified mail and of which at least 20 days' notice has been given by publication in a newspaper having general circulation in the city; provided, however, that no such taking or acquisition shall be effected until 30 days after the MBTA has notified the land owner of record by certified mail and has caused a notice of such determination to be published in a newspaper having general circulation in the city in which the land is located. The value of any lands or real property acquired by the MBTA by eminent domain shall be reduced by the costs necessary to remediate the environment of said site. To the extent not inconsistent with federal law, the taking or other acquisition by the MBTA of railroad rights of way or related facilities from any department, authority, agency or political subdivision of the commonwealth, from any railroad company, or from any other party, shall be exempt from the procedures, findings and requirements of section 7 of chapter 161C of the General Laws.

It is hereby declared that, for purposes of any constitutional entitlement to damages in the event of a taking, all properties and interests taken by the MBTA by eminent domain by any subdivision of the commonwealth are being held by the MBTA in a governmental and not a proprietary capacity and it is not the intent of this act to confer on the MBTA any rights to damages for such taking. Any such taking of property shall be effective notwithstanding any inconsistent prior public use. The MBTA may make relocation payments to persons and businesses displaced as a result of carrying out a project and shall otherwise provide relocation assistance as provided in chapter 79A and chapter 121B of the General Laws.

To the extent not inconsistent with federal law, if there is a taking or other acquisition of railroad lines, rights of way, easements or related facilities from any party, the MBTA is hereby authorized and directed to relocate such railroad lines.

(b) The MBTA shall have all the powers necessary and convenient to carry out the purposes of this act. Without limiting the generality of the foregoing, the MBTA may exercise with respect to the projects and any property acquired in accordance with this section all powers, and shall have all immunities, consistent with this act, granted to operating agencies, as defined in chapter 121B of the General Laws or otherwise granted to the MBTA under any general or special law.

(c) The MBTA is hereby authorized and directed to prepare or cause to be prepared a report in accordance with section 62B of chapter 30 of the General Laws for those of the projects for which such a report has not yet been prepared or is no longer valid at the time required by law. Notwithstanding the provisions of sections 62 to 62H, inclusive, of said chapter 30, the MBTA may commence and undertake research, planning, design and other work necessary for the projects and may engage an owner's representative, architects and engineers and a construction manager therefor for each project individually, and the MBTA may take all actions necessary or appropriate or required for acquisition of lands, air rights, sub-surface rights or other property interests prior to the publication of a final environmental impact report pursuant to this section and section 62C of said chapter 30; provided, however, that the MBTA shall not record a notice of taking with respect to any lands or other property by eminent domain as provided in this section until the secretary of environmental affairs has issued a notice of availability of a report submitted to the secretary in accordance with said section 62C which demonstrates to the satisfaction of said secretary that a project may be carried out with appropriate mitigation measures as may be necessary to minimize and prevent damage to the environment.

(d) The MBTA shall be excluded from the definition of an owner or operator of a project with respect to releases of hazardous materials that occur before the MBTA acquires ownership of any portion of a site pursuant to this act upon or from which such a release may occur as if the MBTA were a city or town that has purchased or taken such land for the nonpayment of taxes, in accordance with paragraph (d) of the definition of "Owner" or "Operator" of section 2 of chapter 21E of the General Laws; provided, however, that the MBTA complies with all of the requirements set forth in subparagraphs (2) and (3) of said paragraph (d), except that the MBTA shall have no obligation to comply with clause (F) of subparagraph (3) of said subsection (d).

SECTION 5. (a) No person shall be precluded by chapter 7 or chapter 268A of the General Laws from participating by contract or otherwise in the activities of the commonwealth or the MBTA with regard to the planning, acquisition, construction and operation of a project contained in this act solely by reason of a financial interest, direct or indirect, in any contract or extension thereof for services with respect to the project report or otherwise with respect to the development of the project executed by such person with the commonwealth or the MBTA prior to the effective date of this act. For purposes of the foregoing, the MBTA shall have all of the powers granted to it by general or special law not inconsistent with this act. Each rail project shall be exempt from compliance with applicable zoning codes and any regulations promulgated thereunder.

(b) The MBTA shall prepare quarterly reports for each project contained in this act which shall include, but not be limited to: (i) the total dollars expended on the project to date, (ii) the number of contracts entered into to date; (iii) the number of contracts entered into with minority businesses; (iv) the number of contracts entered into with women-owned businesses; (v) the dollar value of contracts entered into with minority businesses; (vi) the dollar value of contracts entered into with women-owned businesses; (vii) the total number of employees working on the project; and (viii) the total number of employees working on the project, broken down by race, ethnicity and gender. Said quarterly reports shall be submitted to the secretary of the executive office for administration and finance, the house ways and means committee, the senate ways and means committee, the clerk of the house and the clerk of the senate.

SECTION 6. (a) In order to provide for a portion of the costs of each project and the payment of the principal of and interest on special obligation bonds of the commonwealth issued under the authority of section 15, there is hereby imposed, in addition to the excises levied under chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969, a transportation financing fee upon the transfer or occupancy of any room or rooms in any hotel, motel or other lodging establishment subject to such excises in the following cities and towns by any operator at the rate of 2.75 per cent of the total amount of rent for each such occupancy: New Bedford, Fall River, Freetown, Taunton, Raynham, Easton, Lynn, Fitchburg, Leominster, Worcester, Shrewsbury, Grafton, Milbury, Auburn, Hyannis and Wareham. The transportation financing fee shall take effect on the first day of the calendar quarter following 30 days after the effective date of this act. All receipts from the transportation financing fee shall be applied solely as provided in this act.

(b) All terms used in this section shall have the same meaning given such terms in chapter 64G of the General Laws and all provisions of said chapter 64G relative to the assessment, collection, payment, abatement, verification and administration of the excises imposed therein, including penalties, shall, so far as pertinent, be applicable to the fees imposed by this section. The transportation financing fee imposed under the provisions of this section shall be paid by the operator at the same time and in the same manner as the excises due the commonwealth under said chapter 64G.

(c) For the purpose of adding and collecting the transportation financing fee imposed by this section and the excises imposed by said chapter 64G, the commissioner of the department of revenue shall issue a schedule showing the total of the excises due for each bracket of taxable charges or rent, as defined in said chapter 64G, plus the transportation financing fee imposed under this section. Such schedule shall be in such form, including the number and size of the brackets, as said commissioner may determine.

(d) There shall be a surcharge of 5 per cent of the purchase price imposed on the price of any ticket purchased for any water-based sightseeing, tourist venue or entertainment cruise or tour and for any land-based sightseeing, tourist venue or trolley tour, originating or located in the commonwealth and conducted partly or entirely within the cities or towns described in section 6(a); provided, however, that no such surcharge shall be imposed on children's tickets, so-called, if said ticket is $6 or less; and provided, further, that no such surcharge shall be imposed for such tours or cruises on tickets sold to an organized school or youth group and adults accompanying such group.

(e) There shall be a surcharge of 5 percent of the total cost of each vehicular rental transaction contract in the cities and towns described in section 6(a).

(f) There shall be a surcharge of $1 per day imposed upon any vehicle which parks in any parking facility built in conjunction with or as part of the rail projects.

(g) There shall be a surcharge of $5 imposed upon each commercial airline ticket for any flight landing in or taking off from the cities or towns described in section 6(a).

SECTION 7. (a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the New Bedford/Fall River Transit Fund, consisting of amounts credited to the fund in accordance with section 9. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

(b) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Worcester Transit Fund, consisting of amounts credited to the fund in accordance with section 9. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

(c) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Springfield Transit Fund, consisting of amounts credited to the fund in accordance with section 9. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

(d) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Fitchburg Transit Fund, consisting of amounts credited to the fund in accordance with section 9. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

(e) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Lynn Transit Fund, consisting of amounts credited to the fund in accordance with section 9. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

(f) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Wareham/Hyannis Transit Fund, consisting of amounts credited to the fund in accordance with section 9. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

SECTION 8. (a) There are hereby established district improvement financing districts in the following cities and towns, which shall operate in accordance with the provisions of section 1 of chapter 40Q and shall be exempt from the remaining sections of chapter 40Q: Raynham, Easton, Taunton, Freetown. Each district shall include all of those parcels all or part of which are within 3,000 feet of a parcel containing a train station serving one of the rail projects, other than those parcels which are part of districts established pursuant to chapter 40Q prior to January 1, 2008. There is hereby established a district improvement financing district in Fall River, which shall operate in accordance with the provisions of section 1 of chapter 40Q, and shall be exempt from the remaining sections of chapter 40Q, and shall include all of those parcels all or part of which are within 5,000 feet of a parcel containing a train station serving one of the rail projects, other than those parcels which are part of districts established pursuant to chapter 40Q prior to January 1, 2008. There is hereby established a district improvement financing district in New Bedford, which shall operate in accordance with the provisions of M.G.L.c 40Q, section 1 and shall include all parcels contained in Assessor Maps 21, 25, 25A, 31, 37, 42, 47, 52, 53, 58, 59, 60, 65, 66, 71, 72, 77, 78, 79, 85, 86 and 93. All of the captured assessed value in said districts shall be retained as prescribed by section 9.

(b) There is hereby established a district improvement financing district in Worcester which shall operate in accordance with the provisions of section 1 of chapter 40Q and shall be exempt from the provisions of the remaining sections of chapter 40Q. Said district shall include all of those parcels all or part of which are within 5,000 feet of a parcel containing a train station serving one of the rail projects, other than those parcels which are part of districts established pursuant to chapter 40Q prior to January 1, 2008. All of the captured assessed value in said districts shall be retained as prescribed by section 9.

(c) There is hereby established a district improvement financing district in Springfield, which shall operate in accordance with the provisions of section 1 of chapter 40Q and shall be exempt from the provisions of the remaining sections of chapter 40Q. Said district shall include all of those parcels all or part of which are within 5,000 feet of a parcel containing a train station which provides rider access to one of the rail projects, other than those parcels which are part of districts established pursuant to chapter 40Q prior to January 1, 2008. All of the captured assessed value in said districts shall be retained as prescribed by section 9.

(d) There is hereby established a district improvement financing district in Fitchburg, which shall operate in accordance with the provisions section 1 of chapter 40Q and shall be exempt from the provisions of the remaining sections of chapter 40Q. Said district shall include all of those parcels all or part of which are within 3,000 feet of a parcel containing a train station which provides rider access to one of the rail projects, other than those parcels which are part of districts established pursuant to chapter 40Q prior to January 1, 2008. All of the captured assessed value in said districts shall be retained as prescribed by section 9.

(e) There is hereby established a district improvement financing district in Lynn, which shall operate in accordance with the provisions of section 1 of chapter 40Q and shall be exempt from the provisions of the remaining sections of chapter 40Q. Said district shall include all of those parcels all or part of which are within 5,000 feet of a parcel containing a train station which provides rider access to one of the rail projects, other than those parcels which are part of districts established pursuant to chapter 40Q prior to January 1, 2008. All of the captured assessed value in said districts shall be retained as prescribed by section 9.

(f) There is hereby established district improvement financing districts in Wareham and Hyannis, which shall operate in accordance with the provisions of section 1 of chapter 40Q and shall be exempt from the provisions of the remaining sections of chapter 40Q. Said district shall include all of those parcels all or part of which are within 3,000 feet of a parcel containing a train station which provides rider access to one of the rail projects, other than those parcels which are part of districts established pursuant to chapter 40Q prior to January 1, 2008. All of the captured assessed value in said districts shall be retained as prescribed by section 9.

SECTION 9. (a) Subject to section 17, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts from the cities of New Bedford, Fall River, Freetown, Taunton, Raynham and Easton, hereinafter referred to, together with investment earnings thereon, as "New Bedford/Fall River special receipts", shall be credited to, and deposited by the state treasurer in, the New Bedford/Fall River Transit Fund and used in accordance with this section: (i) all receipts from the transportation financing fee imposed by section 6; (ii) all receipts from the excise imposed by section 3 of said chapter 64G and section 22 of said chapter 546 upon the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which is located in said cities, and was first opened for patronage on or after one year before the effective date of this act; (iii) all receipts from the excise imposed by said chapter 64H upon sales at retail by any vendor of meals, beverages and other tangible personal property or services within any hotel, motel or other lodging establishment described in clause (ii) of this paragraph; and (iv) all receipts collected pursuant to section 8(a); and (v) any funds received by the MBTA from the sale, lease or other disposition of land or rights therein adjacent to stations which shall be part of the project. Notwithstanding anything in section 35J of chapter 10 of the General Laws to the contrary, amounts described in this section shall not be included in the computation of the amount to be deposited in the Massachusetts Tourism Fund pursuant to said section 35J.

(b) Subject to section 16, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts from the cities of Worcester, Auburn, Milbury, Grafton and Shrewsbury hereinafter referred to, together with investment earnings thereon, as "Worcester special receipts", shall be credited to, and deposited by the state treasurer in, the Worcester transit fund and used in accordance with this section: (i) all receipts from the transportation financing fee imposed by section 6; (ii) all receipts from the excise imposed by section 3 of said chapter 64G and section 22 of said chapter 546 upon the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which is located in said cities, and was first opened for patronage on or after one year before the effective date of this act; and (iii) all receipts from the excise imposed by said chapter 64H upon sales at retail by any vendor of meals, beverages and other tangible personal property or services within any hotel, motel or other lodging establishment described in clause (ii) of this paragraph; and (iv) all receipts collected pursuant to section 8(b); and (v) any funds received by the MBTA from the sale, lease or other disposition of land or rights therein adjacent to stations which shall be part of the project. Notwithstanding anything in section 35J of chapter 10 of the General Laws to the contrary, amounts described in this section shall not be included in the computation of the amount to be deposited in the Massachusetts Tourism Fund pursuant to said section 35J.

(c) Subject to section 16, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts from the city of Springfield, hereinafter referred to, together with investment earnings thereon, as "Springfield special receipts", shall be credited to, and deposited by the state treasurer in, the Springfield transit fund and used in accordance with this section: (i) all receipts from the transportation financing fee imposed by section 6; (ii) all receipts from the excise imposed by section 3 of said chapter 64G and section 22 of said chapter 546 upon the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which is located in said cities, and was first opened for patronage on or after one year before the effective date of this act; and (iii) all receipts from the excise imposed by said chapter 64H upon sales at retail by any vendor of meals, beverages and other tangible personal property or services within any hotel, motel or other lodging establishment described in clause (ii) of this paragraph; and (iv) all receipts collected pursuant to section 8(c); and (v) any funds received by the MBTA from the sale, lease or other disposition of land or rights therein adjacent to stations which shall be part of the project. Notwithstanding anything in section 35J of chapter 10 of the General Laws to the contrary, amounts described in this section shall not be included in the computation of the amount to be deposited in the Massachusetts Tourism Fund pursuant to said section 35J.

(d) Subject to section 16, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts from the cities of Leominster and Fitchburg, hereinafter referred to, together with investment earnings thereon, as "Fitchburg special receipts," shall be credited to, and deposited by the state treasurer in, the Fitchburg transit fund and used in accordance with this section: (i) all receipts from the transportation financing fee imposed by section 6; (ii) all receipts from the excise imposed by section 3 of said chapter 64G and section 22 of said chapter 546 upon the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which is located in said cities, and was first opened for patronage on or after one year before the effective date of this act; and (iii) all receipts from the excise imposed by said chapter 64H upon sales at retail by any vendor of meals, beverages and other tangible personal property or services within any hotel, motel or other lodging establishment described in clause (ii) of this paragraph; and (iv) all receipts collected pursuant to section 8(d); and (v) any funds received by the MBTA from the sale, lease or other disposition of land or rights therein adjacent to stations which shall be part of the project. Notwithstanding anything in section 35J of chapter 10 of the General Laws to the contrary, amounts described in this section shall not be included in the computation of the amount to be deposited in the Massachusetts Tourism Fund pursuant to said section 35J.

(e) Subject to section 16, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts from the city of Lynn, hereinafter referred to, together with investment earnings thereon, as "Lynn special receipts", shall be credited to, and deposited by the state treasurer in, the Lynn transit fund and used in accordance with this section: (i) all receipts from the transportation financing fee imposed by section 6; (ii) all receipts from the excise imposed by section 3 of said chapter 64G and section 22 of said chapter 546 upon the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which is located in said cities, and was first opened for patronage on or after one year before the effective date of this act; and (iii) all receipts from the excise imposed by said chapter 64H upon sales at retail by any vendor of meals, beverages and other tangible personal property or services within any hotel, motel or other lodging establishment described in clause (ii) of this paragraph; and (iv) all receipts collected pursuant to section 8(e); and (v) any funds received by the MBTA from the sale, lease or other disposition of land or rights therein adjacent to stations which shall be part of the project. Notwithstanding anything in section 35J of chapter 10 of the General Laws to the contrary, amounts described in this section shall not be included in the computation of the amount to be deposited in the Massachusetts Tourism Fund pursuant to said section 35J.

(f) Subject to section 16, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts from the cities of Wareham and Hyannis, hereinafter referred to, together with investment earnings thereon, as "Wareham/Hyannis special receipts", shall be credited to, and deposited by the state treasurer in, the Wareham/Hyannis transit fund and used in accordance with this section: (i) all receipts from the transportation financing fee imposed by section 6; (ii) all receipts from the excise imposed by section 3 of said chapter 64G and section 22 of said chapter 546 upon the transfer of any room or rooms in any hotel, motel or other lodging establishment subject to such excise which is located in said cities, and was first opened for patronage on or after one year before the effective date of this act; and (iii) all receipts from the excise imposed by said chapter 64H upon sales at retail by any vendor of meals, beverages and other tangible personal property or services within any hotel, motel or other lodging establishment described in clause (ii) of this paragraph; and (iv) all receipts collected pursuant to section 8(f); and (v) any funds received by the MBTA from the sale, lease or other disposition of land or rights therein adjacent to stations which shall be part of the project. Notwithstanding anything in section 35J of chapter 10 of the General Laws to the contrary, amounts described in this section shall not be included in the computation of the amount to be deposited in the Massachusetts Tourism Fund pursuant to said section 35J.

SECTION 10. (a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Massachusetts Transit Fund, consisting of amounts credited to the fund in accordance with section 11. The fund shall be administered in accordance with the provisions of this act by the state treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described herein. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

SECTION 11. Subject to section 17, commencing on the first day of the first full calendar month following 30 days after the effective date of this act, the following receipts, to be known as "Massachusetts special receipts", shall be credited to, and deposited by the state treasurer in, the Massachusetts Transit Fund and used in accordance with this section: (i) one cent of the commonwealth’s existing excise tax on motor fuels; (ii) all amounts transferred by the state treasurer as provided in section 63 of chapter 10 of the general laws and any other amounts transferred or appropriated to said fund and any interest earned thereon as well as all amounts which would have been transferred to said fund if not for requirements of this section, less $15,000,000 for the first five full fiscal years following the effective date hereof; and (iv) the greenhouse gas reduction fee, created by section 12 hereof.

SECTION 12. Chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following subsection:–

Section 35. Greenhouse Gas Reduction Fee.

(a) The registrar or his authorized agents shall collect the following greenhouse gas reduction fees each time a vehicle is registered or the vehicle registration is renewed for any reason:

(1) For every automobile and hybrid trucks and hybrid sports utility vehicles whose greenhouse gas reduction fee is not otherwise provided for in any general or special law, the fee shall be $30 for a new or transfer registration and two year renewals, $15 for vehicles renewing annually.

(2) For hybrid automobiles and motorcycles the fee shall be $15 for a new or transfer registration and for two year renewals, $7.50 for vehicles renewing annually.

(3) For light trucks, vans, luxury vehicles as defined by the registrar and sports utility vehicles the fee shall be $60 for a new or transfer registration and for two year renewals, $30 for vehicles renewing annually.

(4) For heavy trucks, motor homes and buses the fee shall be $85 for a new or transfer registration and for two year renewals, $42.50 for vehicles renewing annually.

(5) For all other vehicles required to register pursuant to section 33 of chapter 90 the fee shall be $60 for a new or transfer registration and for two year renewals, $30 for vehicles renewing annually.

(6) Zero emission vehicles, as defined by the United States Department of Environmental Protection, and those vehicles without a motor shall be exempt from the greenhouse gas reduction fee.

(7) Any vehicle owned by any subdivision of the commonwealth and used solely for official business and any vehicle identified in sections 29, 30 and 33 of chapter 90 shall be exempt from the greenhouse gas reduction fee.

SECTION 13. (a) Expenditures from each of the funds established by section 7 shall, subject to appropriation, be made for the following purposes: (i) for the payment of the principal, including sinking fund payments and premium, if any, and interest on special obligation bonds of the commonwealth described in section 15 and on notes issued in anticipation of such bonds pursuant to section 16 for the relevant project; (ii) for the maintenance of, or provision for, any reserves for debt service and other capital and current expenses, including without limitation the capital reserve funds described in said section 15, and for any additional security, insurance or other form of credit enhancement required or provided for in any trust or other security agreement entered into pursuant to this act to secure such bonds; and (iii) for direct expenditure for any cost of the project and for the operation, promotion and marketing thereof incurred by the MBTA.

(b) Except as otherwise provided in section 17, any of the funds described in section 7 shall be dissolved and the obligation of the state treasurer to deposit the amounts provided in section 9 in said fund shall expire, on December 31, 2010, if no special obligation bonds of the commonwealth described in section 15, or notes issued in anticipation thereof as provided herein, shall then be outstanding, or otherwise when all such bonds and notes, including any bonds or notes issued to refund any such bonds or notes, shall be paid or, if earlier, shall be deemed to have been paid within the meaning of any trust or other security agreement securing the same and the MBTA certifies to the state treasurer in writing that each of the rail projects have operated without a deficit for three consecutive full fiscal years. Any balance remaining in any said fund on the date of such termination shall be deposited in the general fund of the commonwealth.

SECTION 14. (a) Expenditures from the Massachusetts transit fund shall, subject to appropriation, be made for the following purposes only if and when the amounts available in each project’s segregated fund, created by section 7, are inadequate to the meet the obligations described in section 15: (i) for the payment of the principal, including sinking fund payments and premium, if any, and interest on special obligation bonds of the commonwealth described in section 15 and on notes issued in anticipation of such bonds pursuant to section 16 for the relevant project; (ii) for the maintenance of, or provision for, any reserves for debt service and other capital and current expenses, including without limitation the capital reserve fund described in said section 15, and for any additional security, insurance or other form of credit enhancement required or provided for in any trust or other security agreement entered into pursuant to this act to secure such bonds; and (iii) for direct expenditure for any cost of the project and for the operation, promotion and marketing thereof incurred by the MBTA, including those described in section 27.

(b) Except as otherwise provided in section 17, the Massachusetts transit fund described in section 10 shall be dissolved and the obligation of the state treasurer to deposit the excises and other amounts provided by section 11 in said fund shall expire, on December 31, 2010, if no special obligation bonds of the commonwealth described in section 15, or notes issued in anticipation thereof as provided herein, shall then be outstanding, or otherwise when all such bonds and notes, including any bonds or notes issued to refund any such bonds or notes, shall be paid or, if earlier, shall be deemed to have been paid within the meaning of any trust or other security agreement securing the same. Any balance remaining in any said fund on the date of such termination shall be deposited in the General Fund of the commonwealth.

SECTION 15. (a) To meet the expenditures necessary to carry out the provisions of section 1A, the state treasure may issue and sell bonds of the commonwealth in an amount, from time to time, not exceeding, in the aggregate, the sum of $2,100,000,000. Any such bonds shall be special obligations of the commonwealth payable first from the special receipts described in sections 9 and 11 to the extent available.

(b) Bonds of the commonwealth may be issued under authority of this section in such manner and on such terms and conditions as the state treasurer, with the concurrence of the secretary of administration and finance, may determine in accordance with the provisions of this subsection and, to the extent not inconsistent with the provisions hereof, provisions of General Law for the issuance of bonds of the commonwealth. Bonds may be secured by a trust agreement or other security agreement entered into by the state treasurer, with the concurrence of the secretary of administration and finance, on behalf of the commonwealth, which trust agreement or other security agreement may pledge or assign all or any part of the special receipts credited to the funds created by sections 7 and 10, and any other pledged funds as hereinafter provided, and rights to receive the same, whether existing or coming into existence and whether held or thereafter acquired, and the proceeds thereof. The state treasurer is also authorized, with the concurrence of the secretary of administration and finance, to enter into additional security, insurance or other forms of credit enhancement which may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust or other security agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the trust or other security agreement or credit enhancement agreement in the records of the state treasurer, and no filing need be made under chapter 106 of the General Laws. Any such trust agreement, security agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as determined by the state treasurer, including provisions relating to the establishment of reserves, the issuance of additional or refunding bonds, whether or not secured on a parity basis, the application of the special receipts and other moneys and funds pledged pursuant to such agreement, in this act referred to as pledged funds, and other matters deemed necessary or desirable by the state treasurer for the security of such bonds, and may also regulate the custody, investment and application of moneys.

(c) As additional security for bonds of the commonwealth issued under authority of this section, the state treasurer, with the concurrence of the secretary of administration and finance, shall create and establish special funds for each of the projects, herein referred to as the Capital Reserve Funds, within the Massachusetts transit fund established under section 10 or otherwise under a trust or other security agreement securing such bonds, and shall pay into the capital reserve funds any special receipts available for such purpose as provided in sections 9 and 11 and any other moneys appropriated and made available for the purposes of such fund, any proceeds of such bonds to the extent determined by the state treasurer, with the concurrence of the secretary of administration and finance, or as may be provided in any such trust or other security agreement, and any other moneys available for purposes of such fund as provided in this section, all of which shall be pledged funds for purposes of this act.

(d) All moneys held in the Capital Reserve Funds, except as hereinafter provided, shall be used solely for the payment of the principal of bonds of the commonwealth issued under authority of this section as the same mature, the purchase of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; provided, however, that, moneys in the capital reserve funds shall not be withdrawn therefrom at any time in such amount as would reduce the amount of any such fund to less than the maximum amount of principal and interest maturing and becoming due in any succeeding fiscal year on all such bonds outstanding or such lesser amount as shall be established by the state treasurer, with the concurrence of the secretary of administration and finance, as necessary or appropriate to secure such bonds, in this act referred to as the capital reserve fund requirements, except for the purpose of paying the principal of and interest on such bonds maturing and becoming due and for the payment of which other special receipts held in the funds are not available.

(e) Notwithstanding any provision of this act to the contrary, the state treasurer shall not issue bonds of the commonwealth under authority of this section at any time if following such issuance the balance on deposit in the Capital Reserve Funds would be less than the capital reserve fund requirements with respect to all such bonds then outstanding.

(f) If on the last day of any fiscal year during which any bonds of the commonwealth issued under authority of this section are outstanding, the balance on deposit in the Capital Reserve Funds shall be less than the capital reserve fund requirements as then calculated, after deposit therein of all amounts available therefore in the funds or otherwise under the trust or other security agreement securing such bonds, the motor fuel excise tax shall be increased and all newly created revenue directed into the Massachusetts transit fund until the balance of said capital reserve fund shall again equal the capital reserve fund requirement as so certified by the secretary of administration and finance but in no event shall the total amount of the excise imposed pursuant to sections 3 and 3A of chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969 exceed 14 per cent.

(g) In order to increase the marketability of any bonds issued by the commonwealth under authority of this section, and in consideration of the acceptance of payment for any such bonds, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds that until all such bonds, including all bonds issued to refund such bonds, and the interest thereon, shall be paid or, if earlier, shall be deemed paid within the meaning of any trust or other security agreement or credit enhancement agreement securing the same, (i) special receipts shall not be diverted from the purposes identified in this act; (ii) no pledged funds shall be diverted from the funds established by section 7 or 10 or the capital reserve funds except as provided in this act; (iii) in any fiscal year of the commonwealth, unless and until an appropriation has been made which is sufficient to pay the principal, including sinking fund payments, of and interest on all such bonds and to provide for or maintain any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust or other security agreement or credit enhancement agreement securing any such bonds or notes, no pledged funds shall be applied to any other use; and (iv) so long as such revenues are necessary, as determined by the state treasurer in accordance with any applicable trust or other security agreement or credit enhancement agreement, for the purposes for which they have been pledged, the rate of the Massachusetts transit fee imposed by section 6, the rate of the district improvement financing districts created by Section 8 and the rates of the excises described in sections 9 and 11 or which may constitute pledged funds under this section shall not be reduced below the amount in effect at the time of issuance of any such bond.

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

SECTION 16. The state treasurer may borrow, from time to time, on the credit of the commonwealth such sums of money as may be necessary for the purposes of meeting payments as authorized by section 4 in anticipation of the receipt of proceeds of special obligation bonds of the commonwealth issued under authority of section 15, and may issue and renew, from time to time, notes of the commonwealth therefore, bearing interest payable at such time and at such rate as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such maximum term of years, not exceeding seven years, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such notes shall be payable no later than June 30, 2018. Notes and the interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 17. (a) Notwithstanding any provision of this act to the contrary, the MBTA shall have no authority or obligation to acquire any land or obligation to construct or operate any project, and the commonwealth shall not be empowered to pay or finance any costs of the project, except as provided in this section or otherwise by law, unless (1) on or prior to January 1, 2009, (i) the aggregate amount of special receipts which are projected to be received and deposited in the Massachusetts transit fund as provided in section 11 in the first full fiscal year following the commencement of operations of any of the projects expected to be then operating is projected to be not less than 105 per cent of the debt service payable in such year on all special obligation bonds of the commonwealth which are expected to be issued under authority of section 15 to pay costs of said projects, on the assumption that all such bonds will be issued prior to such fiscal year; and (ii) the balance in any capital reserve fund or funds established pursuant to section 15 on the first day of the first full fiscal year following the commencement of operations of any of the then completed projects will be not less than the capital reserve fund requirements therefore, on the assumption that all special obligation bonds of the commonwealth to be secured thereby will be issued on or before such date; and (2) on or prior to December 31, 2008, the MBTA shall have submitted to the secretary of administration and finance a report setting forth a projected operating budget for the first project to be undertaken and demonstrating to the reasonable satisfaction of such officers that the MBTA's net loss from operations of the project and such facilities for such year will not be more than $10,000,000 before consideration of any amounts distributed to the MBTA under section 35J of chapter 10 of the General Laws. Satisfaction of the foregoing requirements shall be conclusively evidenced by a certificate of the secretary of administration and finance to such effect filed with the governor, the clerks of the House of Representatives and the senate, the house and senate committees on ways and means and the house committee on bonding, capital expenditures and state assets.

(b) If the conditions provided in subsection (a) shall not be satisfied on or before December 31, 2011, (i) fees described in sections 6, 8 and 9 and the imposition thereof shall terminate and cease; and (ii) Massachusetts special receipts to be credited to the Massachusetts transit fund pursuant to section 11 shall revert as provided in M.G.L.c. 62A, section 13; and (iii) after payment or reimbursement of any costs of the project incurred by the MBTA hereunder, the funds shall be dissolved and any balance remaining therein shall be deposited in the general fund of the commonwealth.

SECTION 18. The MBTA shall issue requests for proposals for design-build-operate contracts for the New Bedford/Fall River Commuter Rail Extension, the Worcester Commuter Rail Improvement, the Fitchburg Commuter Rail Improvement and the Lynn Blue Line Extension no later than January 1, 2009, which shall contain a response due date no later than July 1, 2009. The MBTA shall issue requests for proposals for design-build-operate contracts for the Springfield Commuter Rail Extension and the Wareham/Hyannis Commuter Rail Extension no later than January 1, 2011, which shall contain a response due date no later than July 1, 2011. Notwithstanding any provision of this act to the contrary, the MBTA shall have no authority or obligation to acquire any land for or to construct or operate the New Bedford/Fall River Commuter Rail Extension, the Worcester Commuter Rail Improvement, the Fitchburg Commuter Rail Improvement or the Lynn Blue Line Extension, nor shall the commonwealth be empowered to pay or finance any costs of any of these projects, if (1) on or prior to September 1, 2009, the MBTA shall certify to the secretary of administration and finance that it has received one or more qualified responses to design, build and operate any of said projects in a manner which would not require the expenditure of public funds for said project’s completion and the operation thereof for a period of twenty years from the date of said project’s completion. Notwithstanding any provision of this act to the contrary, the MBTA shall have no authority or obligation to acquire any land for or to construct or operate either the Springfield Commuter Rail Extension of the Wareham/Hyannis Commuter Rail Extension, nor shall the commonwealth be empowered to pay or finance any costs of either project, if (1) on or prior to September 1, 2011, the MBTA shall certify to the secretary of administration and finance that it has received one or more qualified responses to design, build and operate either project in a manner which would not require the expenditure of public funds for said project’s completion and the operation thereof for a period of twenty years from the date of said project’s completion

(b) If all of the requirements contained in subsection (a) shall be satisfied for the New Bedford/Fall River Commuter Rail Extension, the Worcester Commuter Rail Improvement, the Fitchburg Commuter Rail Improvement or the Lynn Blue Line Extension by December 31, 2009, (i) the fees described in sections 6, 8 and 9 and the imposition thereof as provided in section 9 for said project shall terminate and cease; and (ii) after payment or reimbursement of any costs of said project incurred by the MBTA hereunder, the project’s fund shall be dissolved and any balance remaining therein shall be deposited in the general fund of the commonwealth. If all of the requirements contained in subsection (a) shall be satisfied for the Springfield Commuter Rail Extension and the Wareham/Hyannis Commuter Rail Extension by December 31, 2011, (i) the fees described in sections 6, 8 and 9 and the imposition thereof as provided in section 9 for said project shall terminate and cease; and (ii) after payment or reimbursement of any costs of said project incurred by the MBTA hereunder, the project’s fund shall be dissolved and any balance remaining therein shall be deposited in the general fund of the commonwealth.

SECTION 19. Notwithstanding the provisions of any general or special law to the contrary, all hackney licenses then or thereafter available for issue by the cities or towns described in section 6(a) under the authority of chapter 392 of the acts of 1930 shall be issued by public auction, public sale, sealed bid or other competitive process established by regulations promulgated by the issuer to persons, firms or corporations eligible under the provisions of said chapter 392. Said licenses shall be issued in such numbers, and at such times or prices, and under such conditions and limitations, including the power of said issuer to revoke, suspend, renew and assign such licenses, as said issuer determines in his sole discretion. Proceeds from the issuance of the first 20 licenses in each city or town so issued after the effective date of this act shall be paid to the state treasurer for deposit into the corresponding project fund. All other proceeds from the issuance of said licenses shall be paid to said treasurer-collector for deposit in the Massachusetts transit Fund.

The provisions of this section shall not apply to a license issued and outstanding on the effective date of this act. A license issued under the provisions of this section shall be renewable annually at the same time and under the same conditions and limitations provided in said chapter 392 for any other license granted and renewed there under.

SECTION 20. (a) The administration of the fees imposed under subsections (d), (e), (f), (g) and (h) of sections 6 and subsections a(iii), b(iii), c(iii), d(iii) and e(iii) of section 9 and sections 8, 11 and 19 is vested in the commissioner of revenue. The fees imposed under subsections (d), (e), (f), (g) and (h) of section 6 and subsections a(iii), b(iii), c(iii), d(iii) and e(iii) of sections 9 shall be collected by the vendor or operator of the service or facility and remitted to the department of revenue on a quarterly basis. Amounts collected pursuant to section 19 shall be collected by the city or town and remitted to the department of revenue. All provisions of this act relative to assessment, collection, payment, abatement, verification and administration, including penalties and interest, shall, so far as pertinent, be applicable to the fees imposed by this act as though they were taxes enumerated in section 2 of chapter 62C.

SECTION 21. This section requires the Commonwealth of Massachusetts through its executive office of transportation and construction, in consultation with the Massachusetts turnpike authority and the MBTA, to study the costs and feasibility of adding a track where necessary to ensure that the existing commuter rail line from Brockton to Boston is entirely double tracked. The executive office of transportation and construction shall report back to the House and Senate Committees on Ways and Means and the Joint Transportation Committee no later than January 1, 2008.

SECTION 22. This section requires the Commonwealth of Massachusetts through its executive office of transportation and construction, in consultation with the Massachusetts turnpike authority and the MBTA, to study the costs and feasibility of adding capacity for additional train service at South Station in Boston. The executive office of transportation and construction shall report back to the House and Senate Committees on Ways and Means and the Joint Transportation Committee no later than January 1, 2008.

SECTION 23. Section 1 of chapter 161C of the General Laws is hereby amended by adding after the last sentence the following sentence:–

Furthermore, to carry out the purposes of this section, the Commonwealth of Massachusetts shall preserve intact the right of way for the proposed North South Rail Link. This right of way is extremely vulnerable to the impact of development and redevelopment around the existing rail tracks and terminals. In addition, rail projects already in planning and construction phases will exceed the capacity of the South Station terminal. Preservation of the right of way for the North South Rail Link will assure that rail transportation can be enhanced or expanded in our region.

SECTION 24. Chapter 161C of the General Laws is hereby amended by inserting after section 7 the following section:–

Section 8. This section requires the Commonwealth of Massachusetts through its executive office of transportation and construction, in consultation with the Massachusetts turnpike authority and the Massachusetts Bay Transportation Authority to perform a study to specifically identify and map the necessary right of way to allow for the construction of the proposed North South Rail Link connecting North Station to South Station. This study must include particular reference to the Major Investment Study/Draft Environmental Impact Report (EOEA#10270), prepared under the aegis of the executive office of environmental affairs which was concluded on March 31, 2003. A plan to preserve said right of way, once identified, shall be determined and implemented immediately.

SECTION 25. Chapter 10 of the General Laws, as appearing in the 2004 edition, is hereby amended by adding the following subsection:—

Section 35CC. MBTA Commuter Rail Expansions Operating Fund. There shall be established and set up on the books of the commonwealth a separate fund to be known as the MBTA Commuter Rail Expansions Operating Fund for the purpose of supplementing amounts available to the Massachusetts Bay Transportation Authority for the operation of commuter rail service. There shall be transferred to said fund from the Massachusetts Transit Fund on January 1 of each year for so long as the Massachusetts Transit Fund or its successors remains in existence, an amount mutually determined by the MBTA and the state treasurer to be equal to the amount in the Massachusetts Transit Fund as of June 30 of the preceding year, if any, not necessary to meeting the Massachusetts Transit Fund’s obligations.

SECTION 26. The MBTA is hereby authorized and directed to take whatever actions are necessary to pursue any federal funds for which the projects or any portions thereof are eligible and to seek or coordinate with partners where warranted.

SECTION 27. The Executive Office of Transportation shall choose a regional planning agency or agencies established pursuant to Chapter 40B to conduct corridor land use planning for the projects. Each regional planning agency or agencies shall work with municipalities, state agencies and other stakeholders to complete the land use corridor plan prior to November 1, 2008. Each land use corridor plan shall include the necessary actions to be taken by municipal or state government, including zoning and other bylaw changes, in order to maximize the long term benefit of the expansion, preserve capacity added by the project, promote sustainable economic and residential development, protect critical open space and other natural resources, and mitigate environmental and neighborhood impacts, including sprawl and gentrification.

The MBTA shall not begin construction on new commuter rail stations outside of the existing urban centers of Springfield, Fall River, Taunton and New Bedford contained in the projects’ plans to be completed pursuant to section 3 until the Secretary of Transportation finds that the municipality in which the station would be located has taken substantial actions to implement the applicable provisions and requirements of the corridor land use plan and have taken actions to reasonably ensure ongoing implementation of the plan after construction is complete.

One tenth of one percent of the cost of each expansion project as listed in Section 2 shall be used for corridor land use planning pursuant to this section, and shall be allocated from the Massachusetts Transit Fund to the regional planning agencies identified by the Executive Office of Transportation for the purposes of corridor land use planning pursuant to this section. Each regional planning agency receiving funds shall file a report with the Executive Office of Transportation and the House and Senate Committees on Ways and Means detailing their activities.

SECTION 28. The provisions of this act shall be deemed to provide an exclusive, additional, alternative and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the MBTA; provided, however, that insofar as the provisions of this act are inconsistent with the provisions of any general or special law, administrative order or regulation or any limitation imposed by a corporate or municipal charter, the provisions of this act shall be controlling.

SECTION 29. This act, being necessary for the welfare of the commonwealth and its inhabitants, shall be liberally construed to affect its purposes.

SECTION 30. This act shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this act, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.