Be it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 2. There is no section 2.
To provide for a program of transportation development and improvements, the sums set forth in sections 2A to 2G, 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 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; 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; provided further, that $800,000 shall be expended for resurfacing and related work on state highway route 3 in the town of Plymouth; provided further, that $1,000,000 shall be expended for the construction of sidewalks in the South Street Bridge area and along the section of Manley Street from West Center Street to West Street, all in the town of West Bridgewater; provided further, that $100,000 shall be expended for a traffic improvement study of route 2, route13 and the Nashua River in Northern Worcester County; provided further, that $3,000,000 shall be expended for the resurfacing of Washington Street in the city of Somerville; provided further that $750,000 shall be expended for the design and construction of traffic signals at Main Street, Alexander Avenue, Harvard Avenue, and Willis Avenue in city of Medford; provided further that $50,000 shall be expended for the design and construction of school zone signage, pedestrian landing areas and crosswalks on route 44 in the town of Rehoboth; provided further, that $110,000 shall be expended for the design and installation of Opticom emergency vehicle signals for the public safety complex on route 44 in town of Seekonk; provided further, that $1,000,000 shall be expended for the Main Street economic development project in the town of Lee; provided further, that $150,000 shall be expended for the Greater I-495/Metro West economic and demographic study; provided further, that $350,000 shall be expended for lighting improvements to the new Parker River Bridge or the North and South approaches to the bridge on route 1A; provided further, that $1,700,000 shall be expended for the rehabilitation of the Rockland Street Bridge in Hingham; provided further, that $700,000 shall be expended for the design, reconstruction and signalization of Amostown Road at the Dewey St intersection in the city of West Springfield; provided further, that $300,000 shall be expended for the design of West Main Street in the town of Georgetown; provided further, that $400,000 shall be expended for the design and construction of traffic signals on route 114 at Hillside Road in town of North Andover; provided further, that $4,430,000 shall be expended for the design and reconstruction of Goldsmith Street in the town of Littleton; provided further, that $469,000 shall be expended for replacement of a bridge located on Meadowbrook Road in the town of Chelmsford; provided further, that $860,000 shall be expended for the reconfiguration of Nonantum Road in the city of Watertown; provided further, that $8,400,000 shall be expended for the rehabilitation of the Tyngsborough Bridge; provided further, that $250,000 shall be expended for repairs to route 9 between Southboro and Wellesley; provided further, that $1,500,000 shall be expended for improvements to route 9, route 27 and the route 9 and Oak Street intersections in the town of Natick; provided further, that $150,000 shall be expended for the Scott Road Bridge project in the city of Fitchburg; provided further, that $3,800,000 shall be expended for the design and construction of the Central Massachusetts Emergency Operations Center Access Road and Bridge at the Worcester Fire Headquarters, located at 141 Grove Street in the city of Worcester; provided further, that $500,000 shall be expended for the design and engineering costs associated with the construction of a bike and pedestrian rail-trail connecting the towns of Wakefield and Lynnfield; provided further, that $6,000,000 shall be expended for the widening and improvements to route 85/Washington Street corridor in the town of Hudson; provided further, that $1,200,000 shall be expended for the installation of traffic signals at 3 intersections in West Bridgewater; provided further, that $10,000,000 shall be expended for the design and construction of a parking garage in the city of Revere; provided further, that $15,000,000 shall be expended for the design and construction of a parking garage in the city of Salem; provided further, that $50,000 shall be expended for improvements to Story Street Road in the town of Essex; provided further, that $250,000 shall be expended for the Billerica Center to improve traffic flow; provided further, that $200,000 shall be expended for the widening of route 139 in the town of Marshfield; provided further, that $7,000,000 shall be expended for resurfacing and related work on State Highway route 6 in the town of Westport; provided further, that $400,000 shall be expended for the design and reconstruction of Summer Street in the town of Hingham; provided further, that $535,000 shall be expended for culvert repairs at Parish Road, West Street and Penn Brook in town of Georgetown; provided further, that $4,500,000 shall be expended for the construction of the reclamation of route 32 Project from the Athol town line to the NH state border; provided further, that $2,250,000 shall be expended for the design and construction of a parking deck in Gardner; provided further, that $850,000 shall be expended for an engineering study for a traffic signal in the town of Williamsburg; provided further, that $2,000,000 shall be expended for the reconstruction of sidewalks surrounding the University Avenue Bridge in the city of Lowell; provided further, that $500,000 shall be expended for the design and construction of Harrison Avenue in the town of Avon; provided further that $800,000 shall be expended for the design and construction of traffic signals at the intersection of Main Street and route 16, South Street and Mystic Avenue in the city of Medford; provided further, that $3,000,000 shall be expended for improvements to route 138 in the town of Milton to the town of Stoughton; provided further, that $1,500,000 shall be expended for the design and construction of a pedestrian footbridge over route 114 near Lawrence High School; provided further, that $1,000,000 shall be expended for the Union Crossing Project in the city of Lawrence; provided further, that $11,000,000 shall be expended for the design and construction of sound barriers along routes 128 and 93 in the towns of Woburn and Burlington; provided further, that $10,000,000 shall be expended for the reconstruction of a section of route 140 from the town of Sterling to the town of Westminster; provided further, that $1,750,000 shall be expended for the design and reconstruction of Rockland Street in the town of Hingham; provided further, that $500,000 shall be expended for the purchase of railroad land in the town of Haverhill; provided further, that $600,000 shall be expended for the repair and rehabilitation of town owned bridges in the town of Andover; provided further, that $144,000 shall be expended for the repair of Parker River culvert on route 133 in the town of Boxford; provided further, that $500,000 shall be expended for the design and construction of signage and intersection improvements at route 97 and Lake St in town of Haverhill; provided further, that $250,000 shall be expended for culvert cleaning in the Frye Road area in the city of Methuen; provided further, that $10,000,000 shall be expended for the reconstruction and improvement of route 128 at exit 19 in the town of Beverly; provided further, that $20,000 shall be expended for the design and construction of crosswalks on route 28 in the town of Milton; provided further, that $367,000 shall be expended for the design and construction of sidewalks on Granite Avenue in the town of Milton; provided further, that $1,000,000 shall be expended for the town of Randolph repaving project; provided further, that $1,200,000 shall be expended for repairs to North Main Street in the town of Randolph; provided further, that $357,000 shall be expended for traffic improvements at the intersection of route 62 and Glenn Road in the town of Wilmington; provided further, that $400,000 shall be expended for the design and construction of traffic signals at the intersection of Main Street/route 38 and Newton Avenue in the town of Tewksbury; provided further, that $180,000 shall be expended for the drainage, repaving, and reconstruction of Couture, Amie, Boulanger, and Camp Jahn Roads in the Ponds section in the town of Southampton; provided further, that $125,000 shall be expended for the repair of the Clement Street Bridge in the Bay State section of the city of Northampton; provided further, that $250,000 shall be expended for the additional costs related to the ongoing reconstruction of Bridges on South Road in the town of Westhampton; provided further, that $150,000 shall be expended for the realignment of the route 5 and Hatfield Street intersection in the city of Northampton; provided further, that $50,000 shall be expended for the reconstruction of the highway maintenance facility in the town of Montgomery; provided further, that $50,000 shall be expended for the design and engineering related to the repair of the Connecticut River dike and associated roadway in the town of Hatfield; provided further, that $1,200,000 shall be expended for the reconstruction and signalization at Oak St in the town of Randolph; provided further, that $1,000,00 shall be expended for the repair and reconstruction of Bay Road in the town of Stoughton; provided further, that $1,450,000 shall be expended for the reconstruction of the section of route 27 from Bryantville Center to the intersection of route 27 and route 36 in the town of Pembroke; provided further, that $775,000 shall be expended for the design and construction of the route 16 signalization improvement project in the town of Milford; provided further, that $1,000,000 shall be expended for intersection improvements and traffic signal installation at the intersection of route 3A/State road and Herring Pond road in the town of Plymouth; provided further, that funds shall be expended for the rehabilitation and installation of sidewalks along the section of route 110 between the town center and the new senior center in the town of Merrimac; provided further, that $750,000 shall be expended for the refurbishment of the South Canal Bridge in the city of Lawrence; provided further, that $100,000 shall be expended for the installation of traffic signals at the intersection of Charles and Canal streets in the city of Malden; provided further, that funds shall be expended for roadway safety and other improvements to Main street in the town of Southborough; provided further, that $6,000,000 shall be expended for the construction of a new, full interchange on interstate highway route 93 between interchanges 41 and 42; provided further, that not more than $4,000,000 shall be expended for the design and construction of a parking deck in the city of Westfield; provided further, that not more than $6,200,000 shall be expended for the I-495/route 126 interchange improvement project in the town of Bellingham; provided further, that not more than $3,000,000 shall be expended for the replacement of the Chapaquoit bridge in the town of Falmouth; provided further, that not more than $100,000 shall be expended for the completion of the East street revitalization project in the town of Ludlow; provided further, that $100,000 shall be expended for the replacement of the Dilla street bridge at Louisa Lake in the town of Milford; provided further, that $2,100,000 shall be expended for the reconstruction and discontinuance of a segment of the Highland avenue corridor from Webster street to the Newton city line; provided further, that $9,200,000 shall be expended for signalization and roadway improvements to the route 116/Main street corridor in the city of Springfield from the interstate highway route 91 northbound off-ramp at interchange 10 to the Chicopee city line; provided further, that $6,000,000 shall be expended for the reconstruction and discontinuance of a segment of the Needham street corridor from the route 8 westbound ramps to the Needham town line; provided further, that $25,000 shall be expended for the design and engineering for traffic signals at the intersection of Prospect Street and Jackson St in the city of Northampton; provided further, that $3,700,000 shall be expended for roadway improvements to the section of route 28 between Yarmouth road and the airport rotary in the town of Barnstable; provided further, that $50,000 shall be expended for the design and engineering of noise barriers on Route 91 in the Ferry Avenue and Island Road neighborhood of the city of Northampton; provided further, that $2,750,000 shall be expended for roadway safety and other improvements to Norfolk, Central and Highland streets in the town of Holliston; provided further, that $1,500,000 shall be expended for intersection improvements and traffic signal installation at the intersection of route 3A and Howlands lane and the intersection of route 3A and Crescent street, all in the town of Kingston; provided further, that not more than $2,000,000 shall be expended for the acquisition of right-of-way for the Veterans Memorial drive alternate route project in the town of Milford; provided further, that $600,000 shall be expended for bridge repair work on Bartlett road in the town of Plymouth; provided further, that $500,000 shall be expended for the design and construction of barriers along route 128 in the town of Beverly; provided further, that $5,000,000 shall be expended for route 24 interchange improvements in the city of Fall River and the town of Freetown; provided further, that $1,750,000 shall be expended roadway safety and other improvements to routes 135 and 85 and to West Main street in the town of Hopkinton; provided further, that $300,000 shall be expended for the Riverwalk connection to downtown Main street in the town of Amesbury; provided further, that $2,900,000 shall be expended for streetscape improvements to Machine Shop Village in the town of North Andover; provided further, that $2,000,000 shall be expended for flood mitigation in the city of Peabody; provided further, that $595,000 shall be expended for sidewalk and drainage improvements on Elm street in the town of Hubbardston; provided further, that $1,200,000 shall be expended for the design and installation of traffic signals at the intersection of East and East Center streets, at the intersection of Matfield and North Main streets, and at the intersection of Belmont and Plain streets, all in the town of West Bridgewater; provided further, that $2,000,000 shall be expended for reconstruction of a seawall along the Ocean avenue causeway connecting Marblehead Neck to Marblehead proper; provided further, that $1,000,000 shall be expended for the Phase I streetscape improvement project in downtown Attleboro; provided further, that $225,000 shall be expended for repairs to Hampshire Street in the city of Lawrence; provided further, that funds shall be expended for bank and slope stabilization along the section of River road from Skunk road to Bancroft lane in the town of Merrimac; provided further, that $3,600,000 shall be expended for the design and reconstruction of route 79 in the city of Fall River; provided further, that funds shall be expended to provide safety improvements and roadway realignment at the site of the Bourne landfill on route 28 northbound; provided further, that $10,000,000 shall be expended for the design and construction of sound barriers along the Northbound side of interstate 93 from route 129 in town of Wilmington extending north to route 133 in the town of Andover; provided further, that $3,500,000 shall be expended for part II of the reconstruction of route 14 in the town of Pembroke; provided further, that $800,000 shall be expended for the installation of traffic signals at the intersection of South street and route 3A and at the intersection of Water street and route 3A, all in the town of Plymouth; provided further, that $700,000 shall be expended for the realignment of the intersection of Spofford street, Moseley avenue and Merrimac street in the city of Newburyport; provided further, that $1,200,000 shall be expended for the construction of the Watertown bike path from School street to Grove street in the city of Watertown; provided further, that $800,000 shall be expended for the realignment of the entrance of Mobile Home Estates at Marc drive and for the installation of a traffic signal in the town of Plymouth; provided further, that $200,000 shall be expended for the design, planning and reconstruction of the Elm street bridge spanning the Jones river in the town of Kingston; provided further, that $4,400,000 shall be expended for the design, construction and right-of-way acquisition for improvements at the intersection of route 28 and Yarmouth road in the town of Barnstable; provided further, that $4,000,000 shall be expended for the reconstruction of the section of route 140 from Legg road in the town of Sterling to Patricia road in the town of Westminster; provided further, that $600,000 shall be expended for bridge repair work on Brook road in the town of Plymouth; provided further, that $600,000 shall be expended for traffic signal upgrades at the intersection of Davisville road and route 28, the intersection of Jones road, David straits and route 28, and the intersection of Sandwich road and Brick Kiln road, all in the town of Falmouth; provided further, that $2,000,000 shall be expended for the addition of lanes and widening of Yarmouth road in the town of Hyannis; provided further, that $1,000,000 shall be expended to implement short-term solutions for the route 110 rotary in the town of Methuen; provided further, that $50,000 shall be expended for portable solar-powered traffic signalization displays for the town of Groton; provided further, that $4,700,000 shall be expended for all costs associated with traffic, transit, streetscape and pedestrian improvements to promote economic development in the Hamilton Canal district in the city of Lowell; provided further that $1,000,000 shall be expended for the installation of a traffic signal and associated intersection improvements at the intersection of route 3A and Route 53/Kingsbury Plaza in the town of Kingston; provided further, that $700,000 shall be expended for the design and construction of a new on-ramp to state highway route 3 northbound from Long Pond road westbound in the town of Plymouth; provide further, that $5,000,000 shall be expended for sound barriers at Copeland Circle/Route 99 on the route 1 corridor in the city of Revere; provided further, that $220,000 shall be expended for the design and construction of safety improvements at the Pease Avenue and Morgan Road intersection in the city of West Springfield; provided further, that $1,200,000 shall be expended for roadway improvements in downtown Malden square in the city of Malden; provided further, that $150,000 shall be expended for the installation of a traffic signal at the intersection of Mason street, County street and Chase street in the town of Freetown; provided further, that $400,000 shall be expended for the repair of the Great Bay Bank slope in the town of Falmouth; provided further, that $300,000 shall be expended for the installation of traffic signals at the intersection of route 28/Main street and North street and at the intersection of route 28/Main street, North Border road and South street, all in the town of Stoneham; provided further, that $2,400,000 shall be expended for the design, planning and construction of the Obery street northbound slip ramp and associated roadway improvements and for the reconstruction of Obery street in the town of Plymouth; provided further, that $450,000 shall be expended for the reconstruction of the sections of Bellevue avenue from the Fellsway to Porter street and from Porter street to Upham street in the city of Melrose; provided further, that $1,900,000 shall be expended for the design and construction of improvements to the airport rotary in the town of Barnstable; provided further, that $4,600,000 shall be expended for the reconstruction of the section of route 123 from Eastman street to the Norton town line; provided further, that $1,400,000 shall be expended for the reconstruction of the section of route 27/School street from the intersection of route 27 and route 36 in the town of Pembroke to the Kingston town line; provided further, that $40,000 shall be expended for safety improvements and traffic controls at the intersection of Acton Road, also known as route 127, and Maple Rd in the town of Chelmsford; provided further that $100,000 shall be expended for the installation of traffic islands at the grade crossings at Chestnut street, Prospect street and Broadway in the town of Wakefield; provided further, that $4,511,000 shall be expended for road reconstruction and improvements to route 28 in the town of Barnstable; provided further, that $1,600,000 shall be expended for safety improvements and the reconstruction of Trapelo road and Belmont street in the towns of Watertown and Belmont; provided further, that $6,200,000 shall be expended for widening of route 114 in the town of North Andover; provided further that $150,000 shall be expended for a study of a Green Line extension by the city of Medford in coordination with the executive office of transportation and construction; provided further, that $2,500,000 shall be expended for improvements to route 28 in the town of Avon; provided further, that $300,000 shall be expended to resurface of route 97 in the town of Boxford; provided further, that $1,500,000 shall be expended for the design and construction of signage and intersection improvements at Lower Main Street and Farrwood Drive in the town of Haverhill; provided further, that $3,000,000 shall be expended for paving and sidewalk construction along route 127 in the town of Beverly; provided further, that $25,000 shall be expended for the design and engineering related to the construction of sidewalks on Hatfield Street in the city of Northampton; provided further, that $825,000 shall be expended for the design and construction of safety improvements at Morgan Road at Piper Cross intersection in the city of West Springfield; provided further, that $650,000 shall be expended for signalization improvements and curbing on North Main Street at Pond St in the town of Randolph; provided further, that $25,000 shall be expended for the design and construction of school zone signage on Brook Road in the town of Milton; provided further, that $50,000 shall be expended for a safety and traffic study for an at-grade crossing of railroad tracks, including the MBTA commuter rail tracks, in the Concord/Alewife area of the city of Cambridge; and provided further, that $3,000,000 shall be expended for the Main street gateway/intermodal traffic safety improvement project in the town of Falmouth............................ $575,000,000
6033-0827 For the purchase and rehabilitation of heavy equipment and other maintenance equipment, including attachments and parts, for the department $13,500,000
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 $2,800,000
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 city or town may appropriate for 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 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................ $350,000,000
6033-0877 For the design and construction of roads, roadways and other transportation related projects considered necessary for economic development by the secretary of transportation and public works upon the petition of the local executive government body; provided, that funds authorized in this item shall be expended in accordance with section 4E of chapter 16 of the General Law and shall be in accordance with 701 CMR 5.00 to CMR 5.10, inclusive; provided further, that the secretary of transportation and public works shall notify cities and towns of the availability of funds through this program and shall inform municipalities of the application process before the expenditure of any funds from this item...................................................................................... $50,000,000
6033-0887 For the purpose of implementing section 4D of chapter 16 of the General Laws 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 $10,000,000
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...................................................................... $17,000,000
6001-0802 For the purpose of implementing the mobility assistance program, under 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, except for regional transit authorities which may be reimbursed up to 100 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...................................................................... $7,000,000
6001-0803 For the purpose of planning, engineering, design and construction of transportation infrastructure investments to be called regional intermodal transportation centers, strategically located to maximize passenger connections between road, air, water, rail and other transportation modes; provided, that in carrying out this item, the secretary of transportation and public works may set service standards to aid in identifying population hubs where intermodal centers would optimally affect passenger movement throughout the commonwealth; and provided further, that $2,000,000 shall be expended for the Greenfield Transit Center project......................................... $9,000,000
6001-0804 For the purpose of implementing rail improvements under 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 shall include the Urban Ring, Blue Line extension to Lynn, the Connecticut River Knowledge Corridor Line and South Coast initiatives; provided, however, that that the extension of the Blue Line to Lynn shall be restricted to existing commuter rail rights of way excluding narrow gauge rail line rights of way; provided further, that funds may be used for the acquisition of interests in land; provided further, that $220,000 shall be expended for Phase II disabled accessibility renovations at the rail depot in the town of Athol; and provided further, that $50,000 shall be expended to study the feasibility of constructing a Massachusetts Bay Transportation Authority Commuter Rail station in the town of West Bridgewater $90,000,000
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......................................................................................... $10,000,000
6001-0806 For a program to provide financial assistance to promote transit-oriented development; provided, that said assistance may be in the form of grants or loans and may be used to design, construct, reconstruct or enhance parking facilities and related pedestrian and bicycle access serving mixed use developments adjacent to existing or planned transit stations, to build or rehabilitate housing, at least 25 per cent of which shall be affordable to households earning no more than 80 per cent of the area median income; provided further, that all projects funded under this item shall be located within .25 miles of a commuter rail station, subway station, ferry terminal or bus station; provided further, that the executive office of transportation and public works may enter into agreements, request proposals and applications, and issue regulations and guidelines as necessary to carry out the purposes of this item; provided further, that the secretary shall make reasonable efforts to coordinate with and utilize existing programs and resources including, but not limited to, the executive office for administration and finance off-streets parking program, the Massachusetts Bay Transportation Authority Parking Enterprise Fund, Massachusetts Bay Transportation Authority station air rights development agreements, other Massachusetts Bay Transportation Authority investments in station access or commuter parking enhancements, similar types of parking investments by any other regional transit authority, or existing programs of the department of housing and community development, the executive office of energy and environmental affairs, the Massachusetts housing finance agency or the Massachusetts development authority; provided further, that to be eligible to receive assistance under this item, a project shall also receive financial or technical assistance from 1 or more of the following: the department of housing and community development, the executive office of energy and environmental affairs, the Massachusetts Bay Transportation Authority, the Massachusetts housing finance agency or the Massachusetts development authority; and provided further, that annually, on or before December 31, the executive office of transportation and public works shall submit a report to the clerks of the house of representatives and the senate, which shall include detailed descriptions of any agreements, loans or grants and a list indicating the allocation of all committed and expended funds under this item.............................................. $20,000,000
SECTION 2D.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Office of the Secretary
6001-0807 For the acquisition of information technology and related expenses including, but not limited to, identity document verification systems, Q-matic queuing system upgrade, automated testing equipment, document imaging systems, and laptop tablets for all agencies within the executive office of transportation and public works; provided, however, that any expenditures pursuant to this item shall be subject to the approval of the chief information officer of the commonwealth...................... $16,700,000
6001-0808 For the reconstruction, rehabilitation and maintenance of facilities under the care and control of agencies within the executive office of transportation and public works including, but not limited to, the costs associated with the installation, improvement and repair of electrical, heating, ventilation and air conditioning systems $1,000,000
6001-0809 For the purchase and rehabilitation of necessary durable equipment, and parts for said durable equipment, for all agencies within the executive office of transportation and public works......................................................................................... $1,500,000
6001-0810 For the installation, maintenance and repair of security systems, design improvements and related equipment, including security cameras, for all agencies within the executive office of transportation and public works....................................... $1,220,000
SECTION 2E.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Office of the Secretary
6001-0813 For design and construction of the Massachusetts Bay Transportation Authority Fitchburg Line Speed Improvement project.................................. $67,000,000
SECTION 2F.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Massachusetts Aeronautics Commission
6006-0801 For the implementation of the Airport Improvement Program under section 51L of chapter 90 of the General Laws.......................................................................................... $40,000,000
SECTION 2G.
EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Office of the Secretary
6000-0400 For the costs associated with relocating the Bradford layover facility in the city of Haverhill including, but not limited to, site identification, relocation, land acquisition, environmental, engineering, permitting, design and construction costs; provided, that the Massachusetts Bay Transportation Authority may use the funds provided herein to establish revenue service to the new layover facility...................................... $10,000,000
6000-0450 For emergency traffic control and communications equipment for the Cape Cod Emergency Traffic Plan.......................................................................... $366,500
6000-0500 For expansion of passenger air service including, but not limited to, facilities infrastructure improvements and passenger terminal enhancements at the Westover Metropolitan Airport in the city of Chicopee............................... $15,000,000
SECTION 3. Chapter 6A of the General Laws is hereby amended by inserting after section 103 the following section:-
Section 104. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Compact”, the Massachusetts Mobility Compact.
“Executive office”, the executive office of transportation and public works.
“Independent agencies”, shall include without limitation the Massachusetts Turnpike Authority, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, and the Massachusetts Association of Regional Transit Authorities.
“Secretary”, the secretary of the executive office on transportation and public works.
“State agencies”, shall include without limitation the executive office, the Massachusetts highway department, the Massachusetts aeronautics commission, the registry of motor vehicles, and the department of conservation and recreation.
(b) There shall be established a Massachusetts Mobility Compact, which shall be headed and coordinated by the secretary. All state agencies and independent agencies shall be members of the compact. The compact shall improve the delivery of transportation services in the commonwealth by communicating regularly and more effectively and by adopting a cooperative and coordinated approach to transportation planning, design, construction, operation and maintenance aimed principally at: (i) increasing mobility for people and goods within and through the commonwealth in a safe, secure, environmentally sustainable, and efficient manner; (ii) promoting and adopting administrative efficiency and program improvement initiatives between and among transportation agencies and authorities; and (iii) sharing best practice techniques for implementation across transportation modes.
(c) Independent and state agencies which are members of the compact may issue purchase or work orders and execute contracts between and among themselves for the purpose of accomplishing the objectives of this section without regarding to any procurement requirements.
(d) The secretary shall conduct regular meetings of the chief executives of each of the Independent and state agencies which are members of the compact.
(e) Annually, on or before September 1, the secretary shall submit a report to the state treasurer, state auditor, the secretary of the executive office for administration and finance, and the chairs of the committees on ways and means which shall include a list of each disbursement from the Massachusetts Mobility Compact Fund established to section 63B of chapter 10, made during the preceding fiscal year, the purpose of each disbursement, and the balance remaining in the fund.
SECTION 4. Chapter 10 of the General Laws is hereby amended by inserting after section 63A the following section:-
Section 63B. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Mobility Compact Fund, hereinafter referred to as the fund. The secretary of the executive office of transportation and public works, hereinafter the secretary, shall administer the fund and shall be its trustee. The executive office of transportation and public works shall disburse monies from the fund solely for the authorized purposes of the fund as set forth in this section; provided, however, that no monies shall be disbursed from the fund unless the secretary certifies, in writing, that the requested disbursements conform with the purpose of the fund as set forth in this section and with the Massachusetts Mobility Compact established pursuant to section 104 of chapter 6A. The executive office of transportation and public works shall keep written records specifying the amount of each approved disbursement from the fund and a description of the work for which the disbursement was approved.
The fund shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto, such additional funds as are subject to the direction and control of any member organization of the Massachusetts Mobility Compact, any federal grants or private investment capital which may properly be applied in furtherance of the objectives of the fund, and any other monies which may be available to the fund for the purposes of the fund from any other source or sources.
(b) The fund shall be held and applied by the secretary for the purposes of implementing the Massachusetts Mobility Compact established pursuant to section 104 of chapter 6A.
SECTION 5. Section 1 of chapter 16 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 81, the word “chief” and inserting in place thereof the following word:- general
SECTION 6. Said chapter 16 of the General Laws is hereby further amended by inserting after section 4B the following sections:-
Section 4C. (a) There shall be within the department a real estate appraisal review board, hereinafter referred to as the board. The board shall consist of not less than 3 nor more than 5 members to be appointed by the governor, 2 of whom shall be state certified general real estate appraisers licensed by the board of real estate appraisers pursuant to section 92 of chapter 13. Members of the board shall be appointed for terms of 3 years or until a successor is appointed. Members shall be eligible to be reappointed and may be compensated at a rate to be determined by the department. Members of the board shall be considered state employees for the purposes of chapter 268A. A chairman of the board shall be elected annually from the membership. The department shall provide administrative support to the council as requested. In the event of a vacancy on the board, the governor shall appoint a new member consistent with the provisions of this section to fulfill the remainder of the unexpired term.
(b) The department shall not purchase or acquire by eminent domain any real property or any interest in real property with a value in excess of $300,000 without the written approval of the board.
(c) The board shall meet periodically, but not less than twice each year. All meetings shall be public. The board shall keep a public record of all meetings, votes and other business.
(d) The board shall submit an annual report of its activities during the preceding fiscal year not later than September 1 to the governor, the secretary of the executive office of transportation and public works, the commissioner, the chairs of the joint committee on transportation, the chair of the house committee on ways and means and the chair of the senate committee on ways and means.
Section 4D. (a) The commissioner may establish a small town rural assistance 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 within the commonwealth or for the construction of chemical storage facilities. The program shall provide grant funds to towns for projects authorized by this section, and towns shall be eligible to receive one grant every 5 fiscal years. The amount of the grant shall not exceed $500,000.
(b) The commissioner shall establish rules and regulations which shall govern the application and distribution of grant funds under this section. Said rules and regulations shall include provisions for joint applications by 2 or more eligible towns for a single project serving such towns. Funds so distributed may be apportioned to reflect the percentage of the project located in each town. Receipt of a grant which is part of a joint application shall not preclude a town from receiving additional funds under a separate application; provided, however, that the total amount distributed to any 1 town shall not exceed the maximum amount allowed under the provisions of this section. Any rules or regulations, or any amendment or repeal of any rules or regulations shall, promulgated pursuant to this section shall be filed with the clerk of the house of representatives and the clerk of the senate.
(c) Any town with a population of 7,000 or less may, by vote of an annual town meeting or at a special town meeting called for that purpose or in a municipality having a town council form of government by the town council, make application to the commissioner for financial assistance in undertaking a project described in this section. The application shall include the proposed cost of the project, the proposed location of such project and any such other information specified by such rules or regulations.
(d) In evaluating the project and the level of funding the commissioner shall consider without limitation the following: (1) the extent to which the project will have a beneficial impact upon the economic and public safety of the applicant town or towns; (2) the availability of funds for the project under other state or federal programs; (3) the likelihood of funding under other state or federal programs; (4) the financial ability of the town to fund the project from its own sources; (5) the ability of the town to enter the capital markets to obtain borrowed funds for the project; and (6) the amount of state and federal highway funds expended or to be expended in the town.
(e) The commissioner shall report annually to the house and senate committees on ways and means and the joint committee on transportation on the status of all small town rural assistance applicants.
Section 4E. (a) The commissioner may establish a program to assist municipalities with non-federally reimbursable public works economic development projects, to design, construct, repair and improve roads, roadways and other related public works facilities, as deemed necessary for economic development by the secretary of transportation and public works upon the petition of an appropriate local executive governmental body in accordance with this section and any rules or regulations promulgated by said secretary in accordance with this section. Said rules and regulations shall govern the criteria by which such funds shall be distributed and the method by which a municipality may apply for such funds. Any rules or regulations, or any amendment or repeal of any rules or regulations shall be filed with the clerk of the house of representatives and the clerk of the senate.
(b) The commissioner may commit the funds pursuant to this section by executing a grant or other contractual agreement with a municipality and, upon execution, the funds so committed shall be made available as a grant directly to the municipality which has entered into an agreement without further review or approval of the department. Each agreement shall contain assurances satisfactory to the commissioner that the municipality will award any construction contract for the project which is the subject of the agreement not later than 180 days after the date of execution of the agreement by the commissioner.
(c) In the event that a contract is not awarded by the municipality within the period provided in paragraph (b), the commissioner may require, by written notification to the municipality, that the funds paid to it by the commonwealth pursuant to said agreement shall be returned forthwith to the commonwealth.
(d) The commissioner may, through execution of grant or other contractual agreement as provided in paragraph (b), commit an amount of funds up to but not exceeding the aggregate amount of funds returned by municipalities under the provisions of paragraph (c) to any other municipality which has otherwise complied with applicable requirements for such projects, including the terms and conditions provided in this section.
(e) The commissioner shall report annually to the house and senate committees on ways and means and the joint committee on transportation on the status of all public works economic development applicants.
SECTION 7. Section 21 of chapter 81 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “purpose”, in line 2, the following words:- nor access granted thereto for any purpose,
SECTION 8. Said section 21 of said chapter 81 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 27 through 28, inclusive, the words “damage, but shall be not less than two thousand dollars nor more than fifty thousand dollars” and inserting in place thereof the following words:- damage; provided, however, that said bond shall not be less than $300,000.
SECTION 9. Section 44J of chapter 149 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(9) No request for proposals or invitation for bids issued under sections 38A½ to 38O, inclusive, of chapter 7, section 11C of chapter 25A, section 39M of chapter 30, this section and sections 44B to 44H, inclusive, shall be advertised if the awarding authority’s cost estimate is greater than 1 year old.
SECTION 10. Paragraph (c) of section 17 of chapter 732 of the acts of 1981 is hereby repealed.
SECTION 11. Paragraph (b) of section 1 of chapter 335 of the acts of 1982 is hereby repealed.
SECTION 12. Chapter 19 of the acts of 1983 is hereby repealed.
SECTION 13. Section 32 of chapter 637 of the acts of 1983 is hereby repealed.
SECTION 14. Section 1 of chapter 367 of the acts of 1992 is hereby amended by striking out, in lines 10 to 11, inclusive, the words "five hundred seventy-four and eighty-six one hundredths feet (574.86')" and inserting in place thereof the following words:- five hundred eight-five and eleven one hundredths feet (585.11')
SECTION 15. Said section 1 of said chapter 367 of the acts of 1992 is hereby further amended by striking out, in lines 13 and 14, the words "two thousand four hundred and ninety feet (2490')" and inserting in place thereof the following words:- two thousand four hundred and seventy-nine feet (2,479')
SECTION 16. Section 2 of chapter 61 of the acts of 2007 is hereby amended by striking out, in item 6010-0003, the words “and provided further, that the program and any expenditures made under the program shall comply with all statutes, rules and regulations governing billboards, signs and other outdoor advertising devices” and inserting in place thereof the following words: provided further, that the program and any expenditures made under the program shall comply with all statutes, rules and regulations governing billboards, signs and other outdoor advertising devices; provided further, that the department is authorized to grant licenses in connection with the program for a term not to exceed 10 years; and provided further, that such licenses shall be revocable upon reasonable notice of not less than 30 days in the event the department determines that the licensed premises may not be used for program purposes
SECTION 17. Sections 3 and 4 of chapter 86 of the acts of 2008 are hereby repealed.
SECTION 18.Notwithstanding any general or special law to the contrary, the harbor lines corrected by sections 13 and 14 shall be shown on a plan to be titled, "The Establishment of New Harbor Lines at Fort Point Channel" and shall bear the effective date of this act. This plan shall be prepared by the department of highways and shall be filed in the office of the department of environmental protection and made available for public inspection.
SECTION 19. Notwithstanding any general or special law to the contrary, the executive office of transportation and public works, the department of highways and the department of conservation and recreation shall conduct an assessment of the condition of each bridge spanning the Charles River in the cities of Boston and Cambridge and in the town of Watertown. Said assessment shall include an analysis of projected traffic volumes for each such bridge through 2040. The findings of said assessment shall be submitted to the joint committee on transportation and the joint committee on environment, natural resources and agriculture no later than December 31, 2009.
SECTION 20. Notwithstanding any general or special law to the contrary, the executive office of transportation and public works, the department of highways and the department of conservation and recreation shall consult with the cities of Boston and Cambridge to develop and implement: (i) a coordinated schedule and comprehensive construction phasing plan for implementation during the reconstruction of the Longfellow Bridge and the reconstruction or replacement of the Storrow Drive tunnel, in order to promote mobility in the Kendall square, Leverett circle and Cambridge street areas of said cities during reconstruction or replacement of said facilities; (ii) a comprehensive emergency mobility plan in the event of a construction phase emergency in connection with the reconstruction of the Longfellow Bridge and the Storrow Drive tunnel; and (iii) a comprehensive, integrated traffic mitigation plan addressing traffic impacts associated with the simultaneous or overlapping reconstruction or replacement of the Longfellow Bridge and the Storrow Drive tunnel.
Said plans shall each be submitted to the joint committee on transportation and the joint committee on environment, natural resources and agriculture no later than December 31, 2009.
SECTION 21. Notwithstanding any general or special law to the contrary, section 61 and sections 62 to 62I, inclusive, of chapter 30 of the General Laws, chapter 91 of the General Laws and section 40 of chapter 131 of the General Laws shall not apply to the repair, reconstruction, replacement or demolition by the department of highways, hereinafter referred to as the department, and the Massachusetts Bay Transportation Authority, hereinafter referred to as the authority of existing state highway, authority or municipally-owned bridges, including the immediate approaches necessary to connect the bridges to the existing adjacent highway or rail system, in which the design is substantially the functional equivalent of, and in similar alignment to, the structure to be reconstructed or replaced; provided, however, that the provisions of said section 61 and said sections 62 to 62I, inclusive, of said chapter 30 of the General Laws shall apply to the repair, reconstruction, replacement or demolition project where such project requires a mandatory environmental impact report pursuant to301 CMR 11.00; provided further, that all such work shall be subject to the requirements of the then current edition of the Massachusetts Highway Department Stormwater Handbook as approved by the Massachusetts Department of Environmental Protection in accordance with applicable law, that notice shall be published in the Environmental Monitor of any application to the department of environmental protection for a water quality certification, and that said work shall be subject to performance standards prescribed by the department of environmental protection pursuant to section 401 of the Federal Clean Water Act, if applicable; and provided, further, that notwithstanding the foregoing, the provisions of said section 61 and said sections 62 to 62I, inclusive, of said chapter 30 of the General Laws, said chapter 91 of the General Laws, and said section 40 of said chapter 131 of the General Laws 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, authority or municipal bridge crossing over a railroad right-of-way or railroad tracks, the department or authority 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 bridge; provided, however, that the department and the authority and their 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 or authority may consider necessary or convenient for the administration of this section. If a flagman is needed to administer this section, the railroad company, railway company or its assigns shall provide the flagman.
For the purposes of this section, the word "bridge" shall include, but not be limited to, any structure spanning and providing passage over water, railroad right-of-way, public or private way, other vehicular facility, or other area.
Any project exempt from said section 61 and said sections 62 to 62I, inclusive, of said chapter 30 of the General Laws, said chapter 91 of the General Laws, or said section 40 of said chapter 131 of the General Laws pursuant to this section shall be subject to the public consultation process required by the then current version of the Project Development and Design Guidebook of the Massachusetts Highway Department.
SECTION 22. Notwithstanding any general or special law to the contrary, the secretary of the executive office of transportation and public works shall conduct a study regarding the feasibility of establishing a renewable fuels corridor on Cape Cod. Said study shall evaluate potential locations for consumers to purchase alternative fuels and biofuels and shall develop a plan for the implementation of the corridor. The secretary shall file a report the findings of the study together with legislation, if any, with the clerks of the senate and house of representatives, the joint committee on transportation, and the senate and house committees on ways and means no later than December 31, 2008.
SECTION 23. Notwithstanding any general or special law to the contrary, the department of highways, the department of conservation and recreation and the Massachusetts turnpike authority shall, to the maximum extent possible and practicable, consolidate their respective operations control, traffic monitoring, and communications systems. Said authority may participate in and provide information to the Massachusetts interagency video information system and shall, as a condition of such participation, be subject to liability and damages only to the extent of the commonwealth. In connection with such consolidation, the authority shall, to the extent practicable, provide to the department of highways access to the authority’s fiber optic cable system.
SECTION 24. (a) Notwithstanding any general or special law to the contrary, the Massachusetts turnpike authority, hereinafter the authority, may issue bonds for the purpose of refunding up to $800,000,000 aggregate principal amount of outstanding metropolitan highway system bonds of the authority and related to certain hedging transactions previously entered into by the authority. Any bonds so issued shall be subject to the provisions of chapter 81A of the General Laws and the terms of any applicable trust agreement entered into by the authority and in effect as of the effective date of this section.
(b) The commonwealth, acting by and through the secretary of the executive office for administration and finance with the approval of the governor, upon the request of the authority, may guarantee the principal of, and interest on, bonds of the authority issued in accordance with this section and such guarantee shall also extend to the authority's obligation to reimburse the provider of any insurance or other credit or liquidity support for such bonds; provided, however, that, if agreed to by the authority and the secretary of the executive office for administration and finance, the guarantee obligation of the commonwealth may extend only to the obligation to reimburse the provider of insurance or other credit or liquidity support and may be represented by a direct agreement or arrangement between the commonwealth and such provider, and in such event the commonwealth shall not be deemed to have guaranteed such bonds. The secretary of the executive office for administration and finance, with the approval of the governor and without further authorization, may approve the form, terms and conditions of, and may execute and deliver on behalf of the commonwealth, such guaranty and any related agreements with or for the benefit of the holders of such bonds or the provider of such insurance or other credit or liquidity support containing such terms, conditions and covenants of the commonwealth as the secretary of the executive office for administration and finance shall approve, including, without limitation, a provision permitting the termination of the guaranty at the option of the authority upon a mandatory tender of the bonds issued pursuant to this section or the redemption or defeasance thereof. The authority and the commonwealth, acting by and through the secretary of the executive office for administration and finance, are hereby authorized to enter into a reimbursement agreement providing for repayment to the commonwealth of any amounts paid under the guaranty and containing such terms and conditions as the parties thereto shall approve. The full faith and credit of the commonwealth shall be pledged for the guaranty provided for in this subsection. The total principal amount of bonds that may be guaranteed and outstanding at any time under this section shall not exceed $800,000,000.
If the authority fails or is otherwise unable to refund or pay when due any such guaranteed bonds, or the interest thereon, issued by the authority in accordance with this section on or before the maturity date thereof, and such bonds shall not have been paid pursuant to an insurance policy or other credit or liquidity support securing such bonds, the commonwealth shall pay such bonds, and the interest thereon, upon their presentation to the state treasurer at any time on or after the maturity date thereof. If the authority shall not have fully reimbursed the provider of any insurance policy or other credit or liquidity support for any bonds for any payment in respect of such bonds on or prior to the maturity date thereof, the commonwealth shall, subject to the terms and provisions of any agreement or arrangement with such provider, pay such reimbursement obligation upon presentation to the state treasurer of evidence of such reimbursement obligation at any time on or after the maturity date thereof. For the purpose of providing funds to pay any such bonds and interest or such reimbursement obligation or to reimburse the treasury for any such payments, the state treasurer shall, to the extent necessary and upon the request of the governor, issue and sell bonds of the commonwealth in the amount specified by the governor from time to time, but not exceeding in the aggregate the sum of $800,000,000. Bonds issued under this subsection shall be designated on their face Massachusetts Turnpike Authority Guaranty Act of 2008. Such bonds shall be issued for such maximum terms not exceeding 30 years as the governor may recommend to the general court in accord with section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth. Bonds and the interest thereon issued by the commonwealth under the authority of this section shall be general obligations of the commonwealth. Any bonds issued by the commonwealth pursuant to this section shall not be included in the computation of outstanding bonds for purposes of the limit imposed by the second paragraph of section 60A of chapter 29 of the General Laws nor shall debt service with respect to such bonds be included in any computation of the limit imposed by section 60B of said chapter 29.
SECTION 25. Notwithstanding any general or special law to the contrary, the Massachusetts turnpike authority, the Massachusetts bay transportation authority and the Massachusetts port authority, hereinafter the authorities, shall enter into agreements among each other for the purposes of achieving cost savings and improved performance and service by eliminating or consolidating duplicative functions, sharing or coordinating resources, equipment, facilities, expertise, personnel and procurement, including, without limitation, the sharing of administrative, financial, payroll, information technology, legal, engineering, human resources and other services. Any such agreement shall be subject to the approval of the board directors of such independent authority, shall be preceded by a finding by such authority that the execution of the agreement is expected to either streamline the delivery of transportation services or to reduce expenses, or both, and that such agreement will not expend revenue or assets of the authority in a way that would impair its operations or financial covenants.
Notwithstanding any general or special law to the contrary, the authorities, the department of highways, and the department of conservation and recreation shall develop one consistent database, system and protocol for the management and monitoring of the condition of their respective road and bridge assets.
Notwithstanding any general or special law to the contrary, the authorities shall take steps to align the health and welfare benefits paid to their employees to be more consistent to the maximum extent practicable, with those paid by employees of the commonwealth. Such steps shall include, as necessary, collective bargaining with employees.
Notwithstanding any general or special law to the contrary, the executive office of transportation and public works shall submit an annual report to the joint committee on transportation and the house and senate committees on ways and means no later than March 1 detailing all cost savings and efficiencies to the commonwealth and to the authorities resulting from any agreements concluded pursuant to this section.
SECTION 26. Notwithstanding any general or special law to the contrary and in addition to the powers provided in chapter 23G of the General Laws, the Massachusetts development finance agency, hereinafter in this section referred to as the agency, may, upon the request of and with the prior written approval of the secretary of the executive office for administration and finance, issue bonds of the agency in an amount not to exceed $43,000,000 for the purpose of financing all or a portion of the costs, including all costs of issuance of said bonds and other financing costs, of an east-west parkway and other roadway improvements connecting between state highway route 18 in the town of Weymouth and state highway route 3 in the town of Rockland, and as further described in the Memorandum of Agreement on Financing for the South Shore Tri-Town Development Corporation’s Parkway entered into as of January 31, 2008, and as it may hereafter be amended from time to time, hereinafter the “Financing MOA,” by and between the commonwealth, acting by and through it executive office for administration and finance, and its executive office of transportation and public works and the South Shore Tri-Town Development Corporation. Bonds issued under authority of this section may be issued under and secured by a trust agreement or a financing document with such terms and conditions as the agency may determine in accordance with this act and chapter 23G of the General Laws and may be refunded from time to time upon the request of and with the prior written approval of the secretary of the executive office for administration and finance, in accordance with section 8(k) of chapter 23G. No findings of the agency pursuant to chapter 23G or chapter 40D are required to be made in connection with the issuance of bonds authorized by this section. Notwithstanding the foregoing, revenues paid to the agency from the commonwealth as provided in section 26 shall be applied solely to the payment of and security for bonds issued for the purposes described in this section, amounts, if any, owed under agreements entered into pursuant to the Financing MOA and ongoing administrative expenses of the agency, if any, related to such bonds. Bonds issued by the agency under this section shall not constitute a debt or a pledge of the faith and credit of the agency or the commonwealth but shall be payable solely from contract assistance pursuant to section 26. All bonds issued by the agency shall state that the bonds are not a general obligation of the agency or an obligation of the commonwealth but are payable solely from the funds specifically pledged for their payment.
SECTION 27. Notwithstanding any general or special law to the contrary, the secretary of the executive office for administration and finance, acting on behalf of the commonwealth, shall enter into an agreement with the agency providing that the commonwealth shall provide contract assistance for obligations of the agency for a period of not more than 30 years in amounts sufficient to pay debt service on the bonds of the agency issued pursuant to section 25, amounts, if any, owed by the commonwealth pursuant to any financing agreements entered into pursuant to the Financing MOA defined in section 25 and ongoing administrative expenses of the agency, if any, related to such bonds. Such contract assistance agreement shall provide for the payment by the commonwealth of such amounts at such times during each fiscal year and upon such terms and under such conditions as the agreement, with the approval of the secretary of administration and finance, shall stipulate. The agency may pledge such agreement and the rights of the agency to receive amounts thereunder as security for the payment of bonds issued by the agency for such purposes. Such contract assistance agreement shall constitute a general obligation of the commonwealth for which the full faith and credit of the commonwealth shall be pledged for the benefit of the agency.
SECTION 28. Notwithstanding any general or special law to the contrary, the secretary of the executive office for administration and finance and the secretary of the executive office of transportation and public works, acting on behalf of the commonwealth, are each authorized to execute and deliver the financing agreement referenced in the Financing MOA and such other agreements and documents as may be necessary or desirable, as determined by said secretaries, to effectuate the issuance of the bonds authorized by section 25 and to carry out the parkway project as contemplated in the Financing MOA.
SECTION 29. Notwithstanding any general or special law to the contrary, 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, $575,000,000. 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. 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, notwithstanding any other provisions of this act, 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. 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 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. 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 30. Notwithstanding any general or special law to the contrary, 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, $410,000,000. 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. 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, notwithstanding any other provisions of this act, 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. 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 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. 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 31. Notwithstanding any general or special law to the contrary, 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, $153,000,000. 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. 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, notwithstanding any other provisions of this act, 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. 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 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. 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 32. Notwithstanding any general or special law to the contrary, 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, $20,420,000. 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. 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, notwithstanding any other provisions of this act, 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. 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 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. 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 33. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2E 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, $67,000,000; 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. 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, notwithstanding any other provisions of this act, 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. 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 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. 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 34. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 2F 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, $40,000,000. 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. 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, notwithstanding any other provisions of this act, 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. 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 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. 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 35. Notwithstanding any general or special law to the contrary, to meet a portion of the expenditures necessary in carrying out section 2G, 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, $25,366,500. 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. 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, notwithstanding any other provisions of this act, 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. 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 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. 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 36. Notwithstanding any general or special law to the contrary, in carrying out sections 2A to 2G, 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 further, 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 37. (a) Notwithstanding any general or special law to the contrary, the department of highways shall expend the sums authorized in sections 2A and 2B 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 cause 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 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 2A and 2B 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 2A and 2B 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 38. 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 said executive office or 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.