|
An Act financing improvements to the Commonwealths transportation system.
|
Whereas, the deferred operation of this act would tend to defeat its purpose, which is to immediately provide for an accelerated transportation development and improvement program for the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. To provide for a program of transportation development and improvements, the sums set forth in sections 2 to 2D, inclusive, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the provisions of law regulating the disbursement of public funds and approval thereof.
SECTION 2.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Department of Highways
6033-0815 For projects on the interstate federal aide federal highway system; provided, that funds may be expended for the costs of said projects including, but not limited to, the nonparticipating portions of such projects and the costs of engineering and other services essential to such projects, rendered by department of highways employees or by consultants; provided further, that amounts expended for department employees may include the salary and salary-related expenses of such employees to the extent that they work on or in support of such projects; provided further, that, notwithstanding any general or special law to the contrary, including any other provision of this act to the contrary, the department shall not enter into any obligations for projects which are eligible to receive federal funds under this act unless state matching funds exist which have been specifically authorized and are sufficient to fully fund the corresponding state portion of the federal commitment to fund such obligation; and provided further, that the department shall only enter into obligations for projects pursuant to this act based upon a prior or anticipated future commitment of federal funds and the availability of corresponding state funding authorized and appropriated for such use by the general court for the class and category of project for which such obligation applies .$ 200,000,000
6033-0816 For federal aid projects on the non-interstate federal highway system; provided, that funds may be expended for the costs of said projects including, but not limited to, the nonparticipating portions of such projects and the costs of engineering and other services essential to such projects rendered by department of highways employees or by consultants; provided further, that amounts expended for department employees may include the salary and salary-related expenses of such employees to the extent that they work on or in support of such projects; provided further, that, notwithstanding any general or special law to the contrary, including any other provision of this act to the contrary, the department shall not enter into any obligations for projects which are eligible to receive federal funds under this act unless state matching funds exist which have been specifically authorized and are sufficient to fully fund the corresponding state portion of the federal commitment to fund such obligation; and provided further, that the department shall only enter into obligations for projects under this act based upon a prior or anticipated future commitment of federal funds and the availability of corresponding state funding authorized and appropriated for such use by the general court for the class and category of project for which such obligation applies ...$2,200,000,000
SECTION 2A.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Department of Highways.
6033-0817 For the design, construction and repair of or improvements to nonfederally-aided roadway and bridge projects and for the nonparticipating portion of federally aided projects; provided, that the costs of professional personnel directly and exclusively involved in the construction, planning, engineering and design of the projects funded herein may be charged to this item; provided further, that said costs shall not be classified as administrative costs; and provided further, that an amount not to exceed 2 per cent of the amount authorized herein may be expended for the administrative costs directly attributable to the programs funded herein ... $225,000,000
6033-0837 For the purposes of remediating environmental contamination at facilities and on lands under the care, custody and control of the department, including the costs for auditing and assessing the existence and extent of environmental contamination ...$1,400,000
SECTION 2B.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Department of Highways.
6033-0867 For the construction and reconstruction of town and county ways as described in paragraph (a) of clause (2) of section 34 of chapter 90 of the General Laws; provided that a city or town shall comply with the procedures established by the department of highways; provided further, that any such city or town may appropriate for such projects amounts not in excess of the amount provided to the city or town under this item, preliminary notice of which shall be provided by the department to the city or town not later than April 1 of each year; provided further, that said appropriation shall be considered as an available fund upon approval of the commissioner of revenue pursuant to section 23 of chapter 59 of the General Laws; and provided further, that the commonwealth shall reimburse a city or town under this item within 30 days after receipt by the department of a request for reimbursement from the city or town, which request shall include certification by the city or town that actual expenses have been incurred on projects eligible for reimbursement under this item, and that the work has been completed to the satisfaction of the city or town according to the specifications of the project and in compliance with applicable laws and procedures established by the department $150,000,000
6033-0887 For the purpose of implementing section 32 of chapter 637 of the acts of 1983 which authorizes the commissioner of highways to establish a program to assist towns with populations of 7,000 or less undertaking projects to design, construct, reconstruct, widen, resurface, rehabilitate and otherwise improve roads and bridges. .$5,000,000
SECTION 2C.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Office of the Secretary
6001-0801 For the purposes of chapter 161B of the General Laws, including the purchase and rehabilitation of rolling stock, and implementation of networking and intelligent transportation systems to provide for interoperability communications, and the construction, reconstruction and rehabilitation of regional transit authority facilities and related appurtenances ...$8,000,000
6001-0802 For the purpose of implementing the mobility assistance program pursuant to section 13 of chapter 637 of the acts of 1983; provided, that any grant funds awarded under this item shall be for not more than 80 per cent, of the total purchase cost of the vehicles or equipment purchased under said program; and provided further, that the secretary of transportation and public works may waive the foregoing limitation on a determination that a recipient is in critical financial need ... ...$3,000,000
6001-0804 For the purpose of implementing rail improvements pursuant to chapter 161C of the General Laws; provided, that funds may be used for transportation planning, design, permitting and engineering for heavy rail, light rail and bus projects, which projects shall include the Urban Ring, Blue Line extension to Lynn, and South Coast initiatives; and provided further, that funds may be used for the acquisition of interests in land .$10,000,000
6001-0805 For the purpose of improving and expanding marine transportation services, for the purpose of enhanced passenger water transportation capacity and intermodal access to the waterfront, or for other public transportation purposes including, but not limited to, service feasibility studies, demonstration projects, the acquisition of boats for passenger marine transportation services, the planning, design, construction or acquisition of docking, dredging and other landside facilities such as parking or shelter facilities, improved landside access to such facilities, the purchase of other equipment in connection with said operations and the disposal of same when their use has been substantially diminished including all equipment or boats purchased for marine transportation service before the effective date of this act; provided, that in carrying out this item, the secretary of transportation and public works may enter into contracts or agreements that are appropriate with other state and local public agencies, authorities, or political subdivisions of the commonwealth, including, but not limited to, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the executive office of housing and economic development, the executive office of energy and environmental affairs, or with other quasi-public agencies, which are hereby granted the power and authority to enter into contracts or agreements with said secretary; and provided further, that grants funded by this item shall be subject to a 25 per cent match from eligible applicants . .............................. $5,000,000
SECTION 2D.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Office of the Secretary
6001-0812 For the Fairmount Line project, the commuter transit facility parking project, the Red Line/Blue Line connector design project and the Green Line to Medford Hillside and Union Square spur project, all as further described in 310 CMR 7.36 .............. ...$700,000,000
6001-0813 For design and construction of the Massachusetts Bay Transportation Authority Fitchburg Line Speed Improvement project $8,000,000
SECTION 3. The first paragraph of section 32 of chapter 637 of the acts of 1983, as inserted by section 31 of chapter 205 of the acts of 1996, is hereby amended by striking out the words three thousand five hundred and inserting in place thereof the following number:- 7000
SECTION 4. The third paragraph of said section 32 of said chapter 637 of the acts of 1983, as amended by section 33 of said chapter 205 of the acts of 1996, is hereby further amended by striking out the words three thousand five hundred and inserting in place thereof the following number:- 7000
SECTION 5. To meet a portion of the expenditures necessary in carrying
out section 2, the state treasurer shall, upon request of the governor, issue
and sell bonds of the commonwealth in an amount to be specified by the governor
from time to time but not exceeding, in the aggregate, $508,000,000 to be in
addition to those bonds previously authorized for projects and programs which
are eligible to receive federal funding and which authorizations remain
uncommitted or unobligated on the effective date of this act. All bonds issued
by the commonwealth as aforesaid shall be designated on their face,
Transportation Improvement Loan Act of 2008, and shall be issued for a maximum
term of years, not exceeding 30 years, as the governor may recommend to the
general court under section 3 of Article LXII of the Amendments to the
Constitution; provided, however, that all such bonds shall be payable not later
than June 30, 2043. All interest and payments on account of principal on such
obligations shall be payable from the Highway Fund. Bonds and interest thereon
issued under this section shall be general obligations of the commonwealth;
provided, however, that any bonds issued by the state treasurer under this
section shall, upon the request of the governor, be issued as special
obligation bonds pursuant to section 2O of chapter 29 of the General Laws;
provided further, that in deciding whether to request the issuance of
particular bonds as special obligations the governor shall take into account:
(i) generally prevailing financial market conditions; (ii) the impact of each
approach on the overall capital financing plans and needs of the commonwealth;
(iii) any ratings assigned to outstanding bonds of the commonwealth and any
ratings expected to be assigned by any nationally-recognized credit rating
agency to the bonds proposed to be issued; and (iv) any applicable provisions
chapter 29. All special obligation revenue bonds issued pursuant to this
section shall be designated on their face, Special Obligation Revenue
Transportation Improvement Loan Act of 2008 and shall be issued for a maximum
term of years, not exceeding 30 years, as the governor may recommend to the
general court under section 3 of Article LXII of the Amendments to the
Constitution; provided, however, that all such bonds shall be payable not later
than June 30, 2043. All principal on such obligations shall be payable from the
Infrastructure Fund established in said section 2O of said chapter 29. Special
obligation bonds issued under this section shall be special obligations of the
commonwealth payable solely in accordance with said section 2O of said chapter
29.
SECTION 6. To meet the expenditures necessary in carrying out section 2A, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $226,400,000 to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Transportation Improvement Loan Act of 2008, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2043. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer under this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter 29 of the General Laws; provided, further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2O of said chapter 29. All special obligation revenue bonds issued under this section shall be designated on their face, Special Obligation Revenue Transportation Improvement Loan Act of 2008 and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2043. All principal on such obligations shall be payable from the Infrastructure Fund established in said section 2O of said chapter 29. Special obligation bonds issued under this section shall be special obligations of the commonwealth payable solely in accordance with said section 2O of said chapter 29.
SECTION 7. To meet the expenditures necessary in carrying out section 2B the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $155,000,000 to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Transportation Improvement Loan Act of 2008, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2043. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer under this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2O of said chapter 29. All special obligation revenue bonds issued under this section shall be designated on their face, Special Obligation Revenue Transportation Improvement Loan Act of 2008 and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2043. All principal on such obligations shall be payable from the Infrastructure Fund established in said section 2O of said chapter 29. Special obligation bonds issued under this section shall be special obligations of the commonwealth payable solely in accordance with said section 2O of said chapter 29.
SECTION 8. To meet
the expenditures necessary in carrying out section 2C the state treasurer
shall, upon request of the governor, issue and sell bonds of the commonwealth
in an amount to be specified by the governor from time to time but not
exceeding, in the aggregate, $26,000,000 to be in addition to those bonds
previously authorized for projects and programs which are eligible to receive
federal funding and which authorizations remain uncommitted or unobligated on
the effective date of this act. All bonds issued by the commonwealth as
aforesaid shall be designated on their face, Transportation Improvement Loan
Act of 2008, and shall be issued for a maximum term of years, not exceeding 30
years, as the governor may recommend to the general court under section 3 of
Article LXII of the Amendments to the Constitution; provided, however, that all
such bonds shall be payable not later than June 30, 2043. All interest and
payments on account of principal on such obligations shall be payable from the
Highway Fund. Bonds and interest thereon issued under this section shall be
general obligations of the commonwealth; provided, however, that any bonds
issued by the state treasurer under this section shall, upon the request of the
governor, be issued as special obligation bonds pursuant to section 2O of
chapter 29 of the General Laws; provided further that in deciding whether to
request the issuance of particular bonds as special obligations the governor
shall take into account: (i) generally prevailing financial market conditions;
(ii) the impact of each approach on the overall capital financing plans and
needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of
the commonwealth and any ratings expected to be assigned by any
nationally-recognized credit rating agency to the bonds proposed to be issued;
and (iv) any applicable provisions of a trust agreement or credit enhancement
agreement entered into pursuant to said section 2O of said chapter 29. All
special obligation revenue bonds issued under this section shall be designated
on their face, Special Obligation Revenue Transportation Improvement Loan Act
of 2008 and shall be issued for a maximum term of years, not exceeding 30
years, as the governor may recommend to the general court under section 3 of
Article LXII of the Amendments to the Constitution; provided, however, that all
such bonds shall be payable not later than June 30, 2043. All principal on such
obligations shall be payable from the Infrastructure Fund established in said
section 2O of said chapter 29. Special obligation bonds issued under this
section shall be special obligations of the commonwealth payable solely in
accordance with said section 2O of said chapter 29.
SECTION 9. To meet the expenditures necessary in carrying out section 2D the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $708,000,000; provided that any federal grants received by the commonwealth or the Massachusetts Bay Transportation Authority for the Green Line to Medford Hillside and Union Square spur project shall be applied to reduce the state authorization by that amount. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Transportation Improvement Loan Act of 2008, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2043. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2O of said chapter 29. All special obligation revenue bonds issued under this section shall be designated on their face, Special Obligation Revenue Transportation Improvement Loan Act of 2008 and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2043. All principal on such obligations shall be payable from the Infrastructure Fund established in said section 2O of said chapter 29. Special obligation bonds issued under this section shall be special obligations of the commonwealth payable solely in accordance with said section 2O of said chapter 29.
SECTION 10. In
carrying out sections 2 to 2D, inclusive, all agencies within the executive
office of transportation and public works may enter into such contracts or
agreements as may be appropriate with other state, local or regional public
agencies or authorities. Said agreements may relate to such matters as an
agency within said executive office shall determine including, without
limitation, the design, layout, construction, reconstruction or management of
construction of all or any portion of such projects. In relation to any such
agreements between an agency within said executive office and other state
agencies or authorities, said agency may advance monies to such agencies or
authorities, without prior expenditure by the agencies or authorities, and the
agencies and authorities may accept monies necessary to carry out such
agreements; provided, however, that said agency shall certify to the
comptroller the amounts so advanced; provided, that such agreements shall
contain provisions satisfactory to said agency for the accounting of such
monies as expended by any other such agency or authority; and, provided
further, that all monies not expended under any such agreement shall be
credited to the account of the agency from which they were advanced. Agencies
within said executive office shall report to the house and senate committees on
ways and means any transfers completed pursuant to this section.
SECTION 11. (a) The department of highways shall expend the sums authorized in sections 2 to 2B, inclusive, for the following purposes: projects for the laying out, construction, reconstruction, resurfacing, relocation or necessary or beneficial improvement of highways, bridges, bicycle paths or facilities, on and off-street bicycle projects, sidewalks, telecommunications, parking facilities, auto-restricted zones, scenic easements, grade crossing eliminations and alterations of other crossings, traffic safety devices on state highways and on roads constructed under section 34 of chapter 90 of the General Laws, highway or mass transportation studies, including, but not limited to, traffic, environmental or parking studies, the establishment of school zones in accordance with section 2 of chapter 85 of the General Laws, improvements on routes not designated as state highways without assumption of maintenance responsibilities and, notwithstanding any general or special law to the contrary, projects to alleviate contamination of public and private water supplies caused by the department's storage and use of snow removal chemicals which are necessary for the purposes of highway safety and for the relocation of persons or businesses or for the replacement of dwellings or structures including, but not limited to, providing last resort housing under federal law and for such functional replacement of structures in public ownership as may be necessary for the foregoing purposes and for relocation benefits to the extent necessary to satisfy the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act, 42 USC 4601 et seq., PL 90-6464, and to sell any structure the title to which has been acquired for highway purposes. When dwellings or other structures are removed, in furtherance of any of the foregoing projects, the excavations or cellar holes remaining shall be filled in and brought to grade within 1 month after such removal. In planning projects funded by sections 2 to 2B, inclusive, consideration shall be made, to the extent feasible, to accommodate and incorporate provisions to facilitate the use of bicycles and walking as a means of transportation; provided, however, that nothing herein shall be construed to give rise to enforceable legal rights in any party or a cause of action or an enforceable entitlement as to the projects provided herein.
(b) Funds authorized in sections 2 to 2B, inclusive, shall, except as otherwise specifically provided in this act, be subject to the first paragraph of section 6 and sections 7 and 9 of chapter 718 of the acts of 1956, where applicable, and, notwithstanding any general or special law to the contrary, may be used for the purposes stated in this act in conjunction with funds of cities, towns and political subdivisions of the commonwealth.
(c) Notwithstanding sections 40A and 40B of chapter 7 of the General Laws, the department shall have jurisdiction over the selection of designers performing design services in connection with the ventilation of buildings, utility facilities and toll booths to be constructed as part of the central artery/tunnel project and shall construct, control, supervise or contract such structures; provided, however, that no such construction or contractual agreement for construction shall begin before the review and approval of the inspector general. The inspector general shall file with the house and senate committees on ways and means and the joint committee on transportation all notices of approval for projects undertaken pursuant to this paragraph.
(d) In addition to the foregoing, the department may: expend funds made available by this act to acquire from any person, land or rights in land by lease, purchase or eminent domain under chapter 79 of the General Laws, or otherwise, for parking facilities adjacent to any public way to be operated by the department or under contract with an individual; expend funds made available by this act for the acquisition of van-type vehicles used for multi-passenger, commuter-driven carpools and high occupancy vehicles including, but not limited to, water shuttles and water taxis; and in accordance with all applicable state and federal laws and regulations, exercise all powers and do all things necessary and convenient to carry out the purposes of this act.
(e) In carrying out this section, the department may enter into contracts or agreements with cities to mitigate the effects of projects undertaken pursuant to this act and to undertake additional transportation measures within the city and may enter into such contracts or agreements with other state, local or regional public agencies, authorities, nonprofit organizations or political subdivisions as may be necessary to implement such city agreements. Cities and other state, local or regional public agencies, authorities, nonprofit organizations or political subdivisions may enter into such contracts or agreements with the department. In relation to such agreements, the department may advance to such agencies, organizations or authorities, without prior expenditure by such agencies, organizations or authorities, monies necessary to carry out such agreements; provided however, that the department shall certify to the comptroller the amount so advanced; provided further, that all monies not expended under such agreement shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means on any transfers completed pursuant to this paragraph.
SECTION 12.
Notwithstanding any general or special law to the contrary, the executive
office of transportation and public works and the department of highways shall
take all necessary actions to secure federal highway or mass transportation
assistance which is or may become available to the executive office or the
department including, but not limited to, actions authorized under or in
compliance with 23 U.S.C. and section 145 of the Surface Transportation and
Uniform Relocation Assistance Act of 1982, PL 97-424, the Surface
Transportation and Uniform Relocation Act of 1987, PL 100-17, the Intermodal Surface
Transportation Efficiency Act of 1991, PL 102-240, the Transportation Equity
Act for the 21st Century, PL 105-178, the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, PL 109-59, and any
successor acts or reauthorizations of those acts, and actions such as filing
applications for federal assistance, supervising the expenditure of funds under
federal grants or other assistance agreements and making any determinations and
certifications necessary or appropriate to the foregoing. If any federal law,
administrative regulation or practice requires any action relating to such
federal assistance to be taken by a department, agency or other instrumentality
of the commonwealth other than the department of highways, such other
department, agency or instrumentality shall take such action. In furtherance
of the foregoing purposes, the department of highways, as appropriate, shall
apply for and may accept any federal funds available for projects authorized in
section 2, and the federal funds when received shall be credited to the Federal
Highway Construction Program Fund.
SECTION 13. Notwithstanding any general or special law to the contrary, section 61 and sections 62A to 62H, inclusive, of chapter 30, chapter 91 and section 40 of chapter 131 shall not apply to bridge projects of the department of highways and the Massachusetts Bay Transportation Authority for the repair, reconstruction, replacement or demolition of existing state highway bridges and other bridges, including the immediate roadway approaches necessary to connect the bridges to the existing adjacent highway system, in which the design is substantially the functional equivalent of, and in similar alignment to, the structure to be reconstructed or replaced, but said section 61 and said sections 62A to 62H, inclusive of said chapter 30, said chapter 91 and said section 40 of said chapter 131 shall apply to any portions of the bridge and roadway approaches to the crossing of the Charles river for the Central Artery/Tunnel Project. In the case of any state highway or other bridge crossing over a railroad right-of-way or railroad tracks, the department shall seek the opinion of a railroad company, railway company or its assigns operating on the track of a necessary clearance between the track and the state highway bridge, but the department, its agents or contractors may enter upon any right-of-way, land or premises of a railroad company or railway company or its assigns for purposes that the department may consider necessary or convenient to carry out this section. If a flagman is needed to carry out this section, the railroad company or its assigns shall provide the flagman. For the purposes of this section, the word "bridge" shall include any structure spanning and providing passage over water, railroad right-of-way, public or private way, other vehicular facility, or other area.