HOUSE .
. . .
. . . No. 5039
The
Commonwealth of Massachusetts
——————————————
HOUSE OF REPRESENTATIVES,
The committee of
Conference on the disagreeing votes of the two branches with reference to the
Senate amendments (striking out all after the enacting clause and inserting in
place thereof the text contained in Senate document numbered 2800) of the House
Bill financing improvements to the Commonwealth’s transportation system (House,
No. 4846) reports the accompanying bill (House, No. 5039) [Bond authorization: $1,445,086,500.00].
For
the committee,
|
On the part of the House: JOSEPH
F. WAGNER ROBERT
A. DELEO ELIZABETH
A. POIRIER |
On the part of the Senate: STEVEN
A. BADDOUR STEPHEN
M. BREWER ROBERT
L. HEDLUND |
.
The Commonwealth of
Massachusetts
——————————————
In the Year Two
Thousand and Eight.
——————————————
An
Act financing improvements to the Commonwealth’s transportation system.
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as follows:
SECTION
1.
To provide for a program of transportation development and improvements,
the sums set forth in sections 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.
NO SECTION 2.
SECTION 2A
EXECUTIVE OFFICE OF TRANSPORTATION
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
those costs shall not be classified as administrative costs; provided further,
that the amounts specified in this item for a particular project may be adjusted
in order to facilitate other projects relating to the design, construction,
repair or improvement to nonfederally-aided roadway projects; 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, route 13 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 or similar 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 in the town
of Newbury; 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 improvements 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 $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 the Summer Street and George Washington Boulevard 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 the 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, design, and construction for a
traffic signal and intersection improvements on Route 9 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 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 reimbursement to the
Town of Boxford 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 not less than $10,000,000 shall be expended for the redesign and
reconstruction of, and improvements to, exit 19 of route 128 in the city of
Beverly, including but not limited to construction of an overpass; 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 he expended for traffic
improvements at the intersection of route 62 and Glen 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 he 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 $1,000,000 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 $9,200,000 shall be
expended for signalization and roadway improvements to the state highway route
116 and Main street corridor in the city of Springfield from interstate highway
route 91 northbound off-ramp at interchange 10 to the Chicopee city line;
provided, however, that not less than $6,200,000 of those funds shall be used
for roadway and signalization improvements at the intersections of Springfield street at Chestnut street,
Chestnut street at Dover street, Main street, state highway route 116 at Walter
street and Noble street, Main street, state highway route 116 at Wason avenue
and Walter street at Bernie avenue; provided further, that $17,000,000 shall be
expended for the reconstruction and discontinuance of certain state roadways in
the municipalities of Newton and Needham, including both the reconstruction
after discontinuance of Highland Avenue in Needham from Webster Street to the
Newton City Line and after discontinuance, the reconstruction of Winchester
street, and Needham Street in Newton from the Route 9 westbound ramps to the
Needham town line, and all areas appurtenant thereto; provided further, that
the discontinuance of Highland Avenue shall be east of the Route 128 northbound
ramps as well as between Webster Street and Hunting Road/Gould Street; and the
discontinuance of Winchester Street and Needham Street shall be south of the
Route 9 eastbound ramps; and provided that, the Department shall provide the
Town of Needham and the City of Newton the necessary funds from this item to
complete their respective portions of such project; provided further that
$500,000 shall be expended for design and engineering costs associated with the
construction of a bike and pedestrian rail-trail connecting the towns of
Wakefield and Lynnfield; and provided further, that $3,300,000 shall be
expended for the design and construction of the Central Massachusetts Emergency
Operations Center Access Road at Worcester Fire Headquarters, located at 141
Grove Street in the city of Worcester; 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 New Hampshire state border; 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 $6,000,000 shall be expended for the widening and
improvements to state highway route 85 Washington Street corridor in the town
of Hudson; 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 less than
$800,000 shall be expended for the design and construction of traffic
signals at the intersection of Main street and state highway route 16, South
street and Mystic avenue in the city of Medford; 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 enhanced
lighting and streetscape improvements around the 1st Lt. Derek Hines Bridge and
Deer Island 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 $2,000,000 shall be expended for the
Phase II 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 the 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 3
to 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 $10,000,000 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 $12,000,000
shall be expended for infrastructure improvements at Water Front Square Project
at Revere Beach; 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 $500,000 shall be expended for
the installation of a traffic signal or roundabout at the intersection of Mason
street, County street and Chase street in the town of Freetown; provided
further that $1,000,000 shall be expended for the redesign of the intersection
of the route 28 and Washington Street in the city of Somerville; provided
further that $750,000 shall be expended for emergency repairs to route 129 from
the Lynn city line at Humphrey Street to Puritan Road and from Atlantic Avenue
to the end thereof; provided further that $750,000 shall be expended for
emergency repairs to the Village Street Bridge to improve traffic safety within
the Village Middle School zones and to facilitate traffic flow within coastal
Essex county; provided further, that $4,500,000 shall b expended for the
construction of the New Boston Street Bridge in the city of Woburn; provided
further, that $10,000 shall be expended for a Traffic Control Opticom or
similar system for route 9 in the town of Westborough; provided further, that
$50,000 shall be expended for
improvements to Story Street Road in the town of Essex; provided further, that
$500,000 shall be expended for the design and construction of Harrison
Boulevard in the town of Avon; provided further, that $50,000 shall be expended
for the design of traffic control enhancements and road and intersection
improvements on Grafton Street and route 20 in the town of Shrewsbury; 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 $200,000 shall be expended for the widening of route 139 in the
town of Marshfield; provided further, $500,000 shall be expended for the design
and construction of road, intersection, and traffic safety improvements on
Grafton Street and route 20 in the town of Shrewsbury; provided further that
$50,000 shall be expended for the design of traffic control enhancements and
road and intersection improvements on South Quinsigamond Avenue at its
intersection by White City Shopping Mall in the town of Shrewsbury; provided
further, that $300,000 shall be expended for the construction of road and
traffic, intersection safety improvements on South Quinsigamond Avenue at its
intersection by White City Shopping Mall in the town of Shrewsbury; 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 $3,000,000 shall be expended for improvements to route
138 in the town of Milton to the town of Stoughton; 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 $2,000,000 be expended for a
feasibility study of constructing multi-modal station in the Guest
Street/Market Street area in Brighton and for a River Station in Mountfort area
of Brookline/Boston; 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
$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 so 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 Farmwood 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
6033-0827 For the
purchase and rehabilitation of heavy equipment and other maintenance equipment,
including attachments and parts, for the department............................................................... $7,500,000
6033-0837 For the
remediation of 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
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, however, that a city or town
shall comply with the procedures established by the department of highways;
provided further, that a 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 government body;
provided, that funds authorized in this item shall be expended in accordance
with chapter 19 of the acts of 1983 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 chapter 16 of the General Laws relative to authorizing 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
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 the 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 inter-modal 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; provided
further, that $2,000,000 shall be expended for the Greenfield Transit Center
project, provided further that $3,000,000 shall be expended for the Main Street
Gateway/Intermodal traffic safety improvement project in the town of Falmouth;
provided further, that not less than $3,000,000 shall be expended for design,
engineering and construction of Phase I of the intermodal transportation center
in the city of Attleboro, provided further that $5,000,000 shall be expended
for the non-federal matching portion of the Haverhill Intermodal Parking Garage
and Transit Facility in Railroad Square and provided further, that $750,000
shall be expended for environmental remediation and structural improvements to
the Pioneer Valley Transit Authority multi-modal transportation center in the
city of Holyoke........ $20,000,000
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, acquisition of interests in land, vehicle
procurement, construction, construction of stations, right-of-way acquisition,
layover facilities and economic development and land-use planning for heavy
rail, light rail and bus projects, which projects shall include the Urban Ring,
Blue Line extension to Lynn, the Connecticut River Knowledge Corridor Line and
South Coast initiatives; provided further, that not less than $25,000,000 shall
be expended for the Blue Line Extension to Lynn; 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 not less than $30,000,000 shall be expended for the
South Coast Rail Initiative; provided further, that notwithstanding the any
general or special law to the contrary, the authority may expend funds
authorized in this act and additional funds as previously authorized including,
but not limited to, the amounts appropriated in item 6005-9906 of section 2 of chapter
125 of the acts of 2000 for the design, permitting and construction of the
South Coast Rail line for the area south of Cotley Junction; and provided
further, that not less than $10,000,000 shall be expended for the replacement
of the commuter rail station in the town of Rockport; provided further, that
$220,000 shall be expended for Phase II disabled accessibility renovations at
the rail depot in the town of Athol; provided further that $250,000 shall be
expended for the design and construction of a pedestrian footbridge adjacent to
the Wedgemere Commuter Rail Station in the Town of Winchester; 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 and provided further, that not less than
$100,000 shall be authorized for the design, siting and initial permitting for
a commuter rail station in the town of Wareham $115,000,000
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
those 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 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
may enter into contracts or agreements
with the 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 such 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 not 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-street
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 Finance Agency; provided further, that
to be eligible to receive assistance under this item, a project shall also
receive financial or technical assistance from at least 1 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 Finance
Agency; 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 senate and house of representatives, 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
EXECUTIVE OFFICE FOR ADMINISTRATION
Office of the Secretary
6001-0817 For a
grant program to provide for commercial and residential transportation and
infrastructure development, improvements and various capital investment
projects under the Growth Districts Initiative established by the executive
office of housing and economic development;
provided, that the secretary of
housing and economic development, in consultation with the secretary of
transportation and public works, shall, not later than
6001-0818 For an
off-street parking program pursuant to chapter 487 of the acts of 1980 $45,000,000
SECTION
2D.
EXECUTIVE OFFICE OF TRANSPORTATION
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 and 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
Office of the Secretary
6001-0813 For
design and construction of the Massachusetts Bay Transportation Authority
Fitchburg Line Speed Improvement project....................................................................................... $67,000,000
6001-0815 For the
purposes of providing interoperability and safety equipment for the
Massachusetts Bay Transportation Authority ....................................................................................... $5,000,000
SECTION
2F.
EXECUTIVE OFFICE OF TRANSPORTATION
Massachusetts Aeronautics Commission
6006-0801 For the
implementation of the airport improvement program under section 51L of chapter
90 of the General Laws; provided, however, that $2,500,000 shall be expended
for the runway expansion at Pittsfield Municipal Airport $40,000,000
SECTION 2G.
EXECUTIVE OFFICE OF TRANSPORTATION
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
6000-0850
For the design and
construction of a haul road from the Massachusetts Port Authority’s Conley
Terminal in the city of
SECTION
3. Chapter 6A of the General Laws
is hereby amended by adding the following section:—
Section
104. (a) As used in this section
the following words shall have the following meanings unless the context
clearly requires otherwise:
“Compact”,
the
“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
“Secretary”,
the secretary of transportation and public works.
“State agencies”,
shall include, without limitation the executive office, the department of
highways, the Massachusetts aeronautics commission, the registry of motor
vehicles and the department of conservation and recreation.
(b) There shall be a Massachusetts Mobility
Compact, which shall be headed and coordinated by the secretary. All state 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 regard to any procurement
requirements; provided, however, that nothing in this section shall exempt an
independent or state agency from the public construction bidding statutes
including, but not limited to, chapter 30, chapter 149 and chapter 149A.
(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.
SECTION
4.
Chapter 10 of the General Laws, as appearing in the 2006 Official
Edition, is hereby amended by inserting after section 63 the following
section:-
Section
63A. There shall be established
and set up on the books of the commonwealth a separate fund to be known as the
Regional Transit Authorities Forward Funding Trust Fund, administered by the
secretary of transportation and public works.
Revenues allocated to the fund shall be expended for capital or other
eligible activities for regional transit authorities. The amounts in the fund shall not be subject
to appropriation. Amounts in the fund at
the end of a fiscal year shall not revert and shall be available for
expenditure in the subsequent year.
SECTION
5.
Section 4G of chapter 16 of the General Laws shall apply to an
underground utility or utility location project eligible for federal
reimbursement having commenced on or after
SECTION
6. 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
7.
The second sentence of the second paragraph of section 8B of chapter 29
of the General Laws, as appearing in the 2006 Official Edition, is hereby
amended by adding the following words:- ; provided, however, that if there is more
than 1 surety company, the surety companies shall be jointly and severally
liable.
SECTION
8. Said chapter 16 is hereby
further amended by inserting after section 4B the following 5 sections:-
Section 4C. (a) There
shall be within the department a real estate appraisal review 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 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 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 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. 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 and the chairs of the house and senate committees
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 in undertaking projects to design,
construct, reconstruct, widen, resurface, rehabilitate and otherwise improve
roads and bridges 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 to govern the application and
distribution of grants under this section. The rules and regulations shall
include provisions for joint applications by 2 or more eligible towns for a
single project serving those 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 this section. Any
rules or regulations, or any amendment or repeal of any rules or regulations
promulgated pursuant to this section shall be filed with the clerks of the
senate and house of representatives.
(c) A town with a
population of 7,000 or less may, by vote at 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 the project
and any other information specified by the 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 economy and public safety of an applicant town; (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 governmental body in
accordance with this section and any rules or regulations promulgated by the
secretary in accordance with this section.
The rules and regulations shall govern the criteria by which the funds
shall be distributed and the method by which a municipality may apply for such
funds. Any rules or regulations or any
amendment or repeal of any rules or regulations shall be filed with the clerks
of the senate and house of representatives.
(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 a construction contract for the project which is the
subject of the agreement not later than 180 days after the date of execution of
the agreement.
(c) In the event that
a contract is not awarded by the municipality within the period provided in
subsection (b), the commissioner may require, by written notification to the municipality, that the funds paid to it by the commonwealth
pursuant to the agreement shall be returned forthwith to the commonwealth.
(d) The commissioner
may, through execution of a grant or other contractual agreement as provided in
subsection (b), commit an amount of funds up to but not exceeding the aggregate
amount of funds returned by municipalities under subsection (c) to any other
municipality which has otherwise complied with the applicable requirements for
such projects, including the terms and conditions provided in this section.
(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
4F. (a) The department of highways may provide
functional replacement of real property in public ownership whenever the
department has acquired such property in whole or in part under this chapter or
when such property is significantly and adversely affected as a result of the
acquisition of property for a highway or highway-related project and whenever
the department determines that functional replacement is necessary and in the
public interest. For the purposes of
this section, "functional replacement" shall mean the replacement,
pursuant to chapter 7, requiring authorization of the general court prior to
disposition of real property, including either land or facilities thereon, or
both, which will provide equivalent utility, and "real property in public
ownership" shall mean any present or future interest in land, including
rights of use, now existing or hereafter arising, held by an agency, authority,
board, bureau, commission, department, division or other unit, body,
instrumentality or political subdivision of the commonwealth. This section shall not constitute
authorization by the general court as required by said chapter 7.
(b) Whenever the
department determines it is necessary that a utility or utility facility, as
defined under federal law, be relocated because of construction of a project
which is to be reimbursed federally in whole or in part, then such facility
shall be relocated by the department or by the owner thereof in accordance with
an order from the department; provided, however, that the commonwealth shall
reimburse the owner of such utility or utility facility for the cost of
relocation subject to the limitations in subsections (e) and (f) and in
accordance with the following formula: (1) for any utility facility that is to
be reimbursed federally in whole or in part, the department shall reimburse the
owner to the extent that the cost of relocating the utility facility is
reimbursed by the federal government; and (2) for the relocation of any utility
facility over $50,000 that does not qualify for federal reimbursement, the
department may reimburse the owner in accordance with the owner’s ability to
meet the following schedule: if the utility performs the relocation in a manner
consistent with the department's policies and not later than the target date
established by the department for the project, the department shall reimburse
the utility at least 50 per cent but not more than 80 per cent of the costs of
relocating the utility facility. Failure to comply with an order from the
department shall be subject to enforcement under chapter 81 of the General
Laws.
(c) Any relocation of
facilities carried out under this section which is not performed by employees
of the owner shall be subject to section 27 of chapter 149 of the General Laws.
(d) Notwithstanding
any general or special law to the contrary, any utility facility that is
required to be relocated because of the construction of a project federally
funded under the Federal-Aid Highway Act of 1982 and the Federal-Aid Highway
Act of 1987 may be relocated temporarily above ground during the construction
of the project.
(e) The total cost to
the commonwealth for reimbursements for utility relocations under this section
that are not reimbursed federally in whole or in part shall not exceed
$10,000,000, annually, and shall not be credited toward the costs of the annual
statewide road and bridge program.
(f) A utility
relocation shall be eligible for reimbursement under this section only if it is
completed to the satisfaction of the department within target dates established
by the department and in accordance with design criteria set forth by the
department for the relocation in a manner that facilitates the timely
completion of the affected project.
Section 4G.
Notwithstanding section 4F or any other general or special law to the contrary,
the commonwealth, through the department of highways, may reimburse the owner
of an underground utility or utility facility whenever such underground utility
or utility facility has been relocated because of construction of a project
which is to be reimbursed federally in whole or in part. The reimbursement authorized herein shall be
to the extent that the cost of relocating the facility is reimbursed by the
federal government.
SECTION
9. Section 2 of chapter 21E of the
General Laws, as appearing in the 2006 Official Edition, is hereby amended by
inserting after the word “Authority”, in lines 77, 216, 219, 428 and 463, each
time it appears, the following words:- or the executive office of
transportation and public works.
SECTION
10. Section 3I of chapter 23A of
the General Laws, as so appearing, is hereby amended by striking out subsection
(b) and inserting in place thereof the following subsection:- (b) Unless
specifically required by federal law in connection with any grant for
construction of a rail-trail, a municipality that has applied for and received
a grant and has purchased the environmental insurance as described in
subsection (a) shall not be required to furnish to the Massachusetts Bay
Transportation Authority, the executive office of transportation and public
works or any person having an interest in the rail-trail project site, any
other form of environmental insurance, or any defense, indemnification or
hold-harmless agreement with respect to any claims, injuries, costs, damages or
other relief arising out of or related to the pre-existing release or threat of
release of oil or hazardous materials, as those terms are defined in chapter
21E, at or from the project site in connection with the design, acquisition,
construction, use or maintenance of the rail-trail for which the application is
made.
SECTION
11. Subsection (c) of said section
3I of said chapter 23A, as so appearing, is hereby amended by inserting before
the first sentence the following sentence:- This section shall only apply to
rail-trail projects on land in which a city or town acquires or has acquired an
interest by deed, easement, lease, license or otherwise from the Massachusetts
Bay Transportation Authority or the executive office of transportation and
public works or a successor agency of either of them for the design,
installation, construction, operation, maintenance or use of a rail-trail, as
defined in section 2 of chapter 21E.
SECTION 12 Section 39M of chapter 30 of the General
Laws, as so appearing, is hereby amended by inserting after the word
“authority”, in line 83, the following words:-
; provided further, that if there is more than 1 surety company, the
surety companies shall be jointly and severally liable.
SECTION
13. Chapter 30 of the General Laws
is hereby amended by inserting after section 39M the following section:-
Section 39M1/2. (a) The following words shall have the
following meanings unless the context clearly requires otherwise:
“Certified estimate of
cost”, a good-faith estimate based on the best available information and made
by the most senior official in the agency responsible for the contract,
accounting for all expenses which could be reasonably foreseen including, but
not limited to, those involving design, construction, management, acquisition
and disposition of rights of way and contingency costs.
“Cost-plus basis”, a form of compensation in
which a premium is added to the actual cost of service to determine a total
amount to be paid.
“Major Contract”, a contract by which the
commonwealth or any of its public agencies is to procure the construction of a
highway, railway, bridge, tunnel or aviation facility or any component thereof
and for which the certified estimate of cost exceeds $50,000,000.
“Oversight cost estimate”, an estimate
developed by the Commonwealth or any agency thereof, prior to the engagement of
an owner’s representative, of the anticipated total cost of the services of
that representative. “Owner’s Representative”, an individual registered by the
commonwealth as a professional engineer, who has not less than 5 years of
experience in the construction and supervision of construction of the type
which is the subject of the pertinent major contract in nature, scope and
complexity.
“Owner’s Representative” shall mean
an individual registered by the commonwealth as a professional engineer, who
has not less than five years of experience in the construction and supervision
of construction of the type which is the subject of the pertinent major
contract in nature, scope and complexity.
(b)
The commonwealth or any agency or authority thereof shall engage and
maintain an owner’s representative to provide professional project oversight
with regard to any major contract. Such
representative shall be an individual employed by a corporation, partnership,
sole proprietorship, joint stock company, joint
venture or other entity engaged in the practice of providing project management
services for public construction of the nature, scope and complexity which is
the subject of the contract. A public
agency may designate an existing employee as owner’s representative subject to
the conditions set forth in subsection (c).
(c)
An existing employee of a public agency may act as its owner’s
representative if the following conditions are met:
(1)
the employee meets or exceeds the
qualifications set forth in subsection (b);
(2) the employee has
suitable experience in the construction and supervision of projects of the
nature, scope and complexity of the relevant major contract; and
(3)
The employee and his employer have entered into a memorandum of
understanding, contract or other comparable document establishing the
independence of the employee as being equal to that of an owner’s
representative contracted from the private sector;
(d)
An owner’s representative shall certify in writing, under the pains and
penalties of perjury, that his sole responsibility shall be to the commonwealth
and the agency which has retained his services. The independent owner’s
representative shall be wholly independent of the designer, general contractor
or any subcontractor involved in the public works project and shall attest to
the same in a sworn statement.
(e)
An owner’s representative shall be subject to chapter 268A.
(f)
An owner’s representative shall be selected and retained prior to the
award of a major contract by any public agency; provided, however, that such
agency shall select and procure the services of the owner’s representative
through a process which is documented in writing, incorporates the evaluation
of qualifications and experience and is competitive in nature. The process shall utilize a system of written
applications which shall be retained for inspection for a period of not less
than 6 months following the selection of an owner’s representative. The process shall also be promulgated in
writing by the inspector general prior to the commencement of any hiring
process pursuant to this section.
(g)
Any major contract executed prior to the selection of an owner’s
representative shall be null and void as against public policy. Prior to the
award of any major contract, the public agency seeking to award the contract
shall certify in writing to the inspector general that an owner’s
representative has been selected.
(h)
Any individual, organization or agency eligible to receive information
from an owner’s representative shall do so in a form and manner approved and
promulgated by the inspector general. Upon receipt of such request, the owner’s
representative shall respond within 60 days. Such response shall contain the
requested information, indicate why it is not available to the party requesting
it or indicate a date certain when the information will be available and the
date on which it will be provided. A
party denied information pursuant to this section may appeal such denial to the
inspector general.
(i)
The owner’s representative shall conduct a peer review of engineering
elements on its projects.
(j)
The owner’s representative shall be the primary manager of cost recovery
and value engineering on the project.
(k) The owner’s representative
shall enjoy unfettered access to project work sites, documents, and
correspondence.
(l)
The owner’s representative shall file reports on the project, under
oath, not later than December 31 of each year in which their contract is in
effect, to the inspector general, to the secretary of transportation and public
works, the house and senate chairs of the joint committee on transportation and
to the state auditor.
(m) The inspector general shall
promulgate regulations governing the operations and actions of owner’s
representatives which shall include, but not be limited to, sanctions for
misfeasance, malfeasance and the failure to adhere to any contracts or agreements
executed pursuant to this section.
(n) In no instance shall an
awarding agency execute a contract that pays the independent owner’s
representative on a cost-plus basis. Awarding agencies shall establish an
oversight cost estimate for the work of an owner’s representative prior to the
hiring of the owner’s representative.”;
SECTION
14. Section 21 of chapter 81 of
the General Laws, as so appearing, is hereby amended by inserting after the
word “purpose”, in line 2, the following words:- , nor access granted thereto for any purpose.
SECTION
15. Said section 21 of said
chapter 81, as so appearing, is hereby further amended by striking out, in
lines 27 and 28, the words “, but shall be not less than two thousand dollars
nor more than fifty thousand dollars” and inserting in place thereof the
following words:— ; provided, however, that the bond
shall be not less than $300,000 unless a lesser amount is approved in writing
by a representative of the department.
SECTION
16. Chapter 85 of the General Laws is hereby
amended by striking out section 7A, as appearing in the 2006 Official Edition,
and inserting in place thereof the following section:-
Section 7A.
(a) For the purposes of this section, the word “person” shall include surveyors
of highways, road commissioners, superintendents of streets in towns,
commissioners of public works in cities and towns, the chief engineer of the
state department of highways, the chief engineer of the Massachusetts Turnpike
Authority, the chief administrative officer of state agencies and private
persons, including corporations.
(b)
No person shall store sodium chloride, calcium chloride or chemically
treated abrasives or other chemicals used for the removal of snow or ice on
roads in such a manner or place as to subject a water supply or groundwater
supply to the risk of contamination.
(c) Any sodium chloride, calcium
chloride or chemically treated abrasives or other chemicals used for the
removal of snow or ice on roads and stored within 200 yards of an established
river or estuary shall be stored in a solid frame storage shed to insure
against ground leaching and airborne pollution of surrounding property This
subsection shall not apply to:
(1) a
water-dependent marine cargo facility that: on or before
(2) a water-dependent marine cargo
facility that stores or distributes any such snow removal chemicals; is located
on an established river or estuary that has a depth-averaged annual salinity
greater than 10 parts per 1,000; is not located on commonwealth tidelands; and
has an agreement with the municipality in which it is located, providing for
best management practices.
(d) The department of environmental
protection, hereinafter called the department, in consultation with the
department of highways, may issue regulations as to place or manner of storage
of such chemicals and may, by specific order, in a
particular case regulate the place where such chemicals may be used for such
purpose. All facilities storing
chemicals used for the removal of snow and ice on roads shall annually review
their best management practices and shall have such practices described in
writing for inspection at the facility by the department on or before November
first each year.
(e)
Any violation of this section or any regulation or order issued
hereunder shall be punished by a fine not to exceed $50 per day.
(f) Any person who uses more than 1
ton of the chemicals described in subsection (a) in any calendar year shall
report annually to the department on November first, and at such other times as
prescribed, the amount of such chemicals used in the previous 12 months
specified by road section or other location and the amount of chemicals on
hand. Copies of such report shall be
made available upon the request of any concerned state or municipal agency or
commission. The department may require
studies by competent professional personnel of the probable impact of proposed
new or improved highways and the maintenance thereof by use of such chemicals
upon reservoirs, ponds, streams, lakes, wetlands and the groundwater aquifers associated
with both public and private water sources.
Estimates of such chemicals to be applied on proposed roads and other
paved areas shall be based upon the most recent records of chemicals actually
applied as reported under this section.
SECTION
17. Section 1A of chapter 90 the
General Laws, as so appearing, is hereby amended by inserting after the word
“thereof”, in line 9, the following words:- or by the Massachusetts Turnpike
Authority, the Massachusetts Bay Transportation Authority or the Massachusetts
Port Authority.
SECTION
18. Section 2E of said chapter 90, as so
appearing, is hereby amended by striking out subsection (c) and inserting in
place thereof the following subsection:-
(c)
The registrar shall furnish, upon application, to the owners of private
passenger motor vehicles distinctive registration plates which shall display on
their face a design with the image of the American flag and the words “United
We Stand” to commemorate the victims and heroes of the September 11, 2001
terrorist attack and the Massachusetts Military heroes from United States
military Operations Enduring Freedom, Iraqi Freedom and Noble Eagle. There shall be a fee of not less than $40 for
such plates in addition to the established registration fee for private
passenger motor vehicles, which shall be payable at the time of registration of
such vehicle and at each renewal thereof.
The portion of the total fee remaining after the deduction of the costs
directly attributable to the issuance of such plates shall be deposited in a
registry retained revenue account and of the remaining portion of such fee, 50
per cent shall be directed to the Massachusetts 9/11 Fund, Inc. and distributed
by such fund at its discretion for the benefit of the relatives of the Massachusetts
victims of the September 11, 2001 terrorist attack on America; 25 per cent
shall be directed to the Massachusetts Military Heroes Fund, Inc. and
distributed by such fund at its discretion for the benefit of the families of
military service personnel from Massachusetts killed while in service to the
United States as a result of, or in support of, Operations Enduring Freedom,
Iraqi Freedom or Noble Eagle; and 25 per cent shall be deposited in the
Commonwealth Security Trust Fund established in section 67 of chapter 10. In the event the Massachusetts 9/11 Fund,
Inc. has met its obligations to design, construct and maintain a memorial to
the victims of the September 11, 2001 terrorist attack on America, any funds
not necessary for the continued maintenance of the memorial shall be made
available to the Massachusetts 9/11 Fund, Inc. and distributed by such fund at
its discretion for the benefit of the relatives of the Massachusetts victims of
the September 11, 2001 terrorist attack on America.
SECTION
19. Section 24I of said chapter
90, as so appearing, is hereby amended by striking out subsection (a), and
inserting in place thereof the following subsection:-
(a) As used in this section, the
following words shall have the following meanings:
“Open container,” a bottle, can or
other receptacle used to contain a liquid that has been opened or has a broken
seal or the contents of which have been partially removed or consumed;
provided, however, that a bottle resealed pursuant to section 12 of chapter 138
shall not be considered an open container; provided further, that a resealed
bottle shall not be transported in the passenger area.
“Passenger area,” the area designed
to seat the driver and passengers while the motor vehicle is in operation and
any area that is readily accessible to the driver or a passenger while in a
seated position including, but not limited to, the glove compartment; provided,
however, that the passenger area shall not include a motor vehicle’s trunk or a
locked glove compartment or, if a motor vehicle is not equipped with a trunk,
the area behind the last upright seat or an area not normally occupied by the
driver or passenger.
SECTION
20. Paragraph (a) of clause (2) of
the first paragraph of section 34 of said chapter 90, as so appearing, is
hereby amended by inserting after the first sentence the following
sentence:- Such engineering services,
including surveying services, shall only be performed by architectural,
engineering or surveying firms prequalified by the department; provided,
however, that a municipality may seek a waiver of this requirement from the
department if the municipality demonstrates to the satisfaction of the
department that it is cost prohibitive to use a prequalified firm.
SECTION
21. Section 12 of chapter 138 of
the General Laws, as so appearing, is hereby amended by inserting after the
word “commission”, in line 23, the following words:- and transported in a manner authorized in
section 24I of chapter 90 when carried in a motor vehicle, as defined in
section 1 of said chapter 90.
SECTION
22. The first paragraph of section
27 of chapter 149 of the General Laws, as appearing in the 2006 Official
Edition, is hereby amended by inserting after the third sentence the following
2 sentences:- Each year after the
awarding of the contract, the public official or public body shall submit to
the commissioner a list of the jobs upon which mechanics and apprentices and
laborers are to be employed and shall request that the commissioner update the
determination of the rate of wages to be paid on each job. The general contractor shall annually obtain
updated rates from the public official or public body and no contactor or
subcontractor shall pay less than the rates so established.”
SECTION
22. Said section 27 of said chapter 149, as so
appearing, is hereby further amended by inserting after the word “schedule”, in
line 29, the following words:- and
subsequent updates.
SECTION
23. Section 44D ½ of chapter 149 of the General
Laws, as so appearing, is hereby amended by striking out, in line 148, the word
“fraud” and inserting in place thereof the following words:- arbitrariness, capriciousness, fraud.
SECTION
24. Section 44D ¾ of said chapter 149 is hereby
amended by striking out, in line 138, the word “fraud” and inserting in place
thereof the following words:-
arbitrariness, capriciousness, fraud.
SECTION
25. Section 44E of chapter 149 of the General
Laws, as so appearing, is hereby amended
by inserting after the word “price”, in lines 65 and 241, each time it appears,
the following words: ; provided, however, that if there is more than 1 surety
company, the surety companies shall be jointly and severally liable.
SECTION
26. Section 44J of said chapter
149, 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 44A to 44H, inclusive, shall be advertised if the awarding
authority’s cost estimate is greater than 1 year old.
SECTION
27. Chapter 149A of the General
Laws is hereby amended by inserting after section 15 the following section:-
Section 15 ½: (a) The following
words shall have the following meanings unless the context clearly requires
otherwise.
(a) The following
words shall have the following meanings unless the context clearly requires
otherwise:
“Certified estimate of cost”, a
good-faith estimate based on the best available information and made by the
most senior official in the agency responsible for the contract, accounting for
all expenses which could be reasonably foreseen including, but not limited to,
those involving design, construction, management, acquisition and disposition
of rights of way and contingency costs.
“Cost-plus basis”, a form of
compensation in which a premium is added to the actual cost of service to
determine a total amount to be paid.
“Major Contract”, a contract by
which the commonwealth or any of its public agencies is to procure the
construction of a highway, railway, bridge, tunnel or aviation facility or any
component thereof and for which the certified estimate of cost exceeds
$50,000,000.
“Oversight cost estimate”, an estimate
developed by the Commonwealth or any agency thereof, prior to the engagement of
an owner’s representative, of the anticipated total cost of the services of
that representative. “Owner’s Representative”, an individual registered by the
commonwealth as a professional engineer, who has not less than 5 years of
experience in the construction and supervision of construction of the type
which is the subject of the pertinent major contract in nature, scope and
complexity.
“Owner’s Representative” shall mean
an individual registered by the commonwealth as a professional engineer, who
has not less than five years of experience in the construction and supervision
of construction of the type which is the subject of the pertinent major
contract in nature, scope and complexity.
(b)
The commonwealth or any agency or authority thereof shall engage and
maintain an owner’s representative to provide professional project oversight
with regard to any major contract. Such
representative shall be an individual employed by a corporation, partnership,
sole proprietorship, joint stock company, joint
venture or other entity engaged in the practice of providing project management
services for public construction of the nature, scope and complexity which is
the subject of the contract. A public
agency may designate an existing employee as owner’s representative subject to
the conditions set forth in subsection (c).
(c)
An existing employee of a public agency may act as its owner’s
representative if the following conditions are met:
(1)
the employee meets or exceeds the
qualifications set forth in subsection (b);
(2)
the employee has suitable experience in the
construction and supervision of projects of the nature, scope and complexity of
the relevant major contract; and
(3)
The employee and his employer have entered into a memorandum of
understanding, contract or other comparable document establishing the
independence of the employee as being equal to that of an owner’s
representative contracted from the private sector;
(d)
An owner’s representative shall certify in writing, under the pains and
penalties of perjury, that his sole responsibility shall be to the commonwealth
and the agency which has retained his services. The independent owner’s
representative shall be wholly independent of the designer, general contractor
or any subcontractor involved in the public works project and shall attest to
the same in a sworn statement.
(e)
An owner’s representative shall be subject to chapter 268A.
(f)
An owner’s representative shall be selected and retained prior to the
award of a major contract by any public agency; provided, however, that such
agency shall select and procure the services of the owner’s representative
through a process which is documented in writing, incorporates the evaluation
of qualifications and experience and is competitive in nature. The process shall utilize a system of written
applications which shall be retained for inspection for a period of not less
than 6 months following the selection of an owner’s representative. The process shall also be promulgated in
writing by the inspector general prior to the commencement of any hiring
process pursuant to this section.
(g)
Any major contract executed prior to the selection of an owner’s
representative shall be null and void as against public policy. Prior to the
award of any major contract, the public agency seeking to award the contract
shall certify in writing to the inspector general that an owner’s
representative has been selected.
(h)
Any individual, organization or agency eligible to receive information
from an owner’s representative shall do so in a form and manner approved and
promulgated by the inspector general. Upon receipt of such request, the owner’s
representative shall respond within 60 days. Such response shall contain the
requested information, indicate why it is not available to the party requesting
it or indicate a date certain when the information will be available and the
date on which it will be provided. A
party denied information pursuant to this section may appeal such denial to the
inspector general.
(i)
The owner’s representative shall conduct a peer review of engineering
elements on its projects.
(j)
The owner’s representative shall be the primary manager of cost recovery
and value engineering on the project.
(k) The owner’s representative
shall enjoy unfettered access to project work sites, documents, and
correspondence.
(l)
The owner’s representative shall file reports on the project, under
oath, not later than December 31 of each year in which their contract is in effect,
to the inspector general, to the secretary of transportation and public works,
the house and senate chairs of the joint committee on transportation and to the
state auditor.
(m) The inspector general shall
promulgate regulations governing the operations and actions of owner’s
representatives which shall include, but not be limited to, sanctions for
misfeasance, malfeasance and the failure to adhere to any contracts or
agreements executed pursuant to this section.
(n) In no instance shall an
awarding agency execute a contract that pays the independent owner’s
representative on a cost-plus basis. Awarding agencies shall establish an
oversight cost estimate for the work of an owner’s representative prior to the
hiring of the owner’s representative
SECTION
28. Section 25B of chapter 152 of the General
Laws, as so appearing, is hereby amended by inserting after the word
“commonwealth” in lines 1 and 2, the following words:- , the Massachusetts Turnpike Authority, the
Massachusetts Bay Transportation Authority, the Massachusetts Port Authority.
SECTION
29. Section 24 of chapter 161A of
the General Laws, as so appearing, is hereby amended
by adding the following paragraph:-
Notwithstanding
section 168 of chapter 175 or any other general or special law to the contrary,
the authority shall be exempt from any fees or taxes associated with surplus
lines insurance; provided, however, that the exemption shall extend to any
insurance broker for any insurance premium tax or surplus lines tax being
incurred or having been incurred by the insurance broker as a result of the
insurance having been procured, placed, negotiated, continued or renewed for or
on behalf of the authority.
SECTION
30. The first paragraph of section 17 of chapter
732 of the acts of 1981 is hereby amended by striking out clause (c).
SECTION
31. Section 1 of chapter 335 of the acts of 1982
is hereby amended by striking out clause (b).
SECTION
32. Chapter 19 of the acts of 1983 is hereby
repealed.
SECTION
33. Section 32 of chapter 637 of the acts of 1983
is hereby repealed.
SECTION
34. Clause (n) of section 3 of chapter 811 of the
acts of 1985 is hereby amended by striking out, in line 7, the word “one” and
inserting in place thereof the following figure:- “2”.
SECTION
35. Section 1 of chapter 367 of
the acts of 1992 is hereby amended by striking out, in lines 10 and 11, the
words “five hundred seventy-four and eighty-six one hundredths feet (574.86')”
and inserting in place thereof the following words:— five hundred eighty-five
and eleven one hundredths feet (585.11').
SECTION
36. Said section 1 of said chapter
367 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
37. Chapter 301 of the acts of
1998 is hereby amended by striking out sections 1 to 31, inclusive, and
inserting in place thereof the following 36 sections:-
Section
1. It is hereby found that the
closure of the Naval Air Station hereinafter referred to as NAS South Weymouth,
by the United States Government in September of 1997 is detrimental to the
economic welfare of the citizens of the commonwealth and, in particular, the
towns of Abington and Rockland and the city know as the town of Weymouth,
hereinafter referred to as the town of Weymouth. The closure of this military
installation imposes upon the commonwealth and its citizens an increased fiscal
burden in addition to that incurred by the commonwealth on account of the
closure of various other military installations in the commonwealth. It is of
considerable importance that the approximately 1,500 acres encompassing the NAS
South Weymouth be acquired expeditiously by an entity empowered to fully
redevelop the property for the benefit of the towns of Abington, Rockland and
Weymouth, the region and the commonwealth. Because the base is located in 3
different jurisdictions, its orderly redevelopment will depend on the
formulation of a comprehensive, consensus Reuse Plan and implementation of
uniform redevelopment policies for the property. It will be necessary to
establish incentives to attract private businesses to locate and expand their
operations at NAS South Weymouth, including providing those businesses with tax
incentives and relief from inconsistent land use controls. Therefore, it is the
purpose of this act to promote the expeditious and orderly conversion and
redevelopment of NAS South Weymouth for nonmilitary purposes, including, but
not limited to, commercial, housing, industrial, institutional, educational,
governmental, recreational, conservation or manufacturing uses in order to
prevent blight, economic dislocation and additional unemployment, and to aid and
strengthen the local economy, the regional economy and the economy of the
commonwealth. In order to achieve these objectives, it is deemed necessary and
appropriate to establish a public corporation with full powers and authority to
carry out the purposes of this act.
Section
2. It shall be the goal of this
act to promote the expeditious acquisition and redevelopment of NAS South
Weymouth while addressing the economic, social and environmental needs of the
region. This goal shall be accomplished in a manner consistent with the
consensus Reuse Plan prepared by the Naval air station planning committee and
approved by a majority vote of the town meetings of the towns of Abington,
Rockland and Weymouth, on
Section
3. There is hereby created a body
politic and corporate, to be known as South Shore Tri-Town Development
Corporation, to carry out this act. The corporation is hereby deemed to be a
public instrumentality, and the exercise by the corporation of the powers
conferred by this act shall be deemed and held to be the performance of public
functions. The corporation shall be included within the definition of a “local
governmental unit”, as defined in section 1 of chapter 29C of the General Laws,
and its bonds and notes shall be included within the definition of “local
governmental obligations”, as defined in said section 1 of said chapter 29C.
The corporation shall be included within the definition of a “governmental
entity” for purposes of owning public infrastructure improvements pursuant to
chapter 293 of the acts of 2006. The corporation shall be an “eligible
applicant” and a municipality for the purposes of the General Laws and the
corporation and the town of Weymouth shall both be eligible for any financial
or other assistance from the Massachusetts School Building Authority.
To achieve its primary
purpose of securing the redevelopment of NAS South Weymouth to the greatest
benefit of the towns of Abington, Rockland and Weymouth, the corporation shall
be guided in its financing activities with the goal of maximizing the fiscal
benefit to the towns stemming from the redevelopment from a long term
perspective. The corporation, during its existence, shall attempt to pursue the
redevelopment in a manner that imposes no costs on the towns for the provision
of police and fire protection, emergency services, water and sewer, schools,
road and highway, parking, transportation, telecommunications, lighting, recreation
and other municipal services. The corporation shall, to the maximum extent
feasible and consistent with the Reuse Plan and zoning by-laws, dispose of all
of the property within the NAS South Weymouth Redevelopment Area through sale
or other transfer prior to said corporation's termination as provided in
section 33.
Section
4. As used in this act, the
following words shall, unless the context requires otherwise, have the
following meanings:
(a)
“Agency”, Massachusetts Development Finance Agency, a Massachusetts body
politic and corporate established by section 2 of chapter 23G of the
Massachusetts General Laws, which is the successor-in-interest to the
government land bank under chapter 289 of the acts of 1998.
(b) Government land bank", the government
land bank established by chapter 212 of the acts of 1975, or its successors,
including the agency.
(c) "Board", the board of directors
of South Shore Tri-Town Development Corporation established by section 9.
(d) “Bond termination date”, the latest date
on which all amounts outstanding under bonds or notes issued by the corporation
pursuant to this act or by the agency pursuant to section 6 of chapter 293 of
the acts of 2006, including all obligations of the corporation undertaken in
connection with the issuance of such bonds of the agency, have been paid in
full, which date shall be no later than
(e) "Central redevelopment area",
the central portion of the NAS South Weymouth Redevelopment Area as defined in
the Reuse Plan and zoning by-laws within which the corporation shall have full
and exclusive administration of zoning, licensing, inspection and permitting
authority for the implementation of and in accordance with the Reuse Plan and
zoning by-laws.
(f) “Commissioner”, the commissioner of
revenue.
(g) "Corporation", the corporation
established by section 3.
(h) “Dissolution and Administration
Agreement”, the dissolution and administration agreement authorized pursuant to
section 33.
(i) “Financing MOA”, the Memorandum of
Agreement on Financing for the South Shore Tri-Town Development Corporation’s
Parkway dated as of
(j) “Infrastructure”, all infrastructure
included in the project.
(k) "Naval air station planning
committee", the committee established by governor's Executive Order No. 378,
dated
(l) "NAS South Weymouth", the
military based formerly known as the Naval Air Station South Weymouth, which
was disestablished in accordance with the recommendation of the 1995 Base
Realignment and Closure Commission, pursuant to 10 U.S.C. § 2687, as amended.
(m) "NAS South Weymouth Region",
(a) towns as defined in this act; (b) all municipalities contiguous to the
towns; and (c) all municipalities contiguous to the municipalities in
subsection (b); provided, however, that the NAS South Weymouth Region shall not
include the city of Boston.
(n) "Perimeter area", the outer
portions of the NAS South Weymouth Redevelopment Area as specifically defined
in the Reuse Plan and zoning by-laws within which each town shall have full and
exclusive administration of zoning, licensing, inspection and permitting
authority for the implementation of and in accordance with the Reuse Plan and
zoning by-laws in its respective sector of the NAS South Weymouth Redevelopment
Area.
(o) "Project", the acquisition,
development, improvement, construction, expansion, reduction, destruction and
renovation of all real and personal property and buildings, structures,
utilities and utility services located on, conducted within or otherwise
directly associated with the NAS South Weymouth Redevelopment Area, which shall
be owned by the corporation, the towns, the commonwealth or an other political
subdivision or public instrumentality of the commonwealth including, but not
limited to, all infrastructure for the provision of gas; cable television;
telephone; storm drainage systems; dams; sewage treatment plants; sewers; water
and well systems; roads; highways; bridges; culverts; tunnels; streets;
sidewalks; lighting; parking, including
garages; schools; public safety; public works and administration buildings;
parks; cultural and performing arts facilities; recreational facilities;
transportation stations and related facilities; shuttle transportation
equipment; fiber and telecommunication systems; facilities to produce and
distribute electricity, including alternate energy sources such as
co-generation and solar installations; the investigation and remediation
associated with the cleanup of actual or perceived environmental contamination
in accordance with applicable governmental regulations; and all other programs,
services, systems and other activities associated therewith, located on,
conducted within or otherwise directly associated with the NAS South Weymouth
Redevelopment Area.
(p) "Reuse Plan and zoning
by-laws", the Reuse Plan and implementing zoning by-laws for the
redevelopment of NAS South Weymouth prepared by the Naval air station planning
committee pursuant to governor's Executive Order No. 378, dated
(q) "Secretary", the secretary of
administration and finance.
(r) “Taxation plan”, the plan established
under section 15.
(s) "Town", the town of Abington,
Rockland or Weymouth, within the corporate boundaries in which NAS South
Weymouth is located.
(t) "Towns", the towns of Abington,
Rockland and Weymouth.
Section 5. The NAS
South Weymouth Redevelopment Area is hereby created. Plans and descriptions
detailing the precise boundaries and configuration of the NAS South Weymouth
Redevelopment Area, including the precise boundaries of the land of NAS South
Weymouth which shall be transferred to the United States Coast Guard and
Federal Aviation Administration, the precise boundaries of the land of each
town located within the NAS South Weymouth Redevelopment Area and the precise
boundaries of the central redevelopment area and perimeter area, shall be
prepared by the corporation, reviewed by the boards of selectmen or town
council of the towns, and filed with the secretary and recorded in the Plymouth
county registry of deeds and the Norfolk county registry of deeds; provided,
however, that the NAS South Weymouth Redevelopment Area shall be comprised of
the central redevelopment area and the perimeter area and shall include the
lands, including all easements, reservations and rights appurtenant thereto,
and all buildings, structures, utilities and improvements located thereon,
comprised of the former military base of that name presently located in the
towns of Abington, Rockland and Weymouth and now or formerly within the
ownership, control and jurisdiction of the United States, including those
portions of the base property transferred as of the effective date of this act
or to be transferred at some future date to the United States Coast Guard and
Federal Aviation Administration pursuant to the federal screening process. The
filings shall take place within 180 days of the effective date of this act.
Section 6. The corporation
shall have all of the powers necessary or convenient to carry out the purposes
and provisions of this act, including the power to:
(a) except as
otherwise expressly provided in this act, and subject to section 31 of chapter
44 of the General Laws, exercise the rights provided to municipal governments
and agencies under federal laws and regulations and under the constitution,
laws and regulations of the commonwealth;
(b) sue and be sued
in all courts and to initiate or participate in actions and proceedings,
whether judicial, administrative, arbitrative or otherwise;
(c) adopt a seal and
alter such seal at its pleasure and use it by causing it or a facsimile to be
affixed or impressed or reproduced in any manner;
(d) own, acquire, construct, manage, operate,
convey or lease infrastructure improvements or any facilities for the project,
including the distribution of public utilities including, but not limited to,
electricity, gas, water, waste water and sewer and sewage treatment and
disposal, refuse collection and disposal, telecommunications and cable
services, and to own, manage, operate or lease the production plant for steam
that is located on, conducted within or otherwise directly associated with NAS
South Weymouth;
(e) develop, own, manage, operate, regulate
or lease wells to procure water from productive aquifers underlying the NAS
South Weymouth Redevelopment Area in accordance with sections 38 and 39A of
chapter 40 of the General Laws and determine and collect, or authorize the collection
on its behalf of assessments and other charges related to constructing and
maintaining such systems, as provided in said chapter 40; provided, however,
that the procurement of such water shall not materially adversely affect the
supply of water available to a town;
(f)
and develop, own, manage, operate, regulate, convey or lease facilities
of common sewers and main drains, and facilities for waste water and sewage
treatment and disposal and determine and collect, or authorize the collection
on its behalf of assessments and other charges related to laying out,
constructing and maintaining such systems, as provided in this act and pursuant
to chapter 83 of the General Laws;
(g) develop, own, manage, operate, regulate
or lease surface water reservoirs within the NAS South Weymouth Redevelopment
Area and connect to or otherwise purchase or lease water from the water system
of a town, an other municipality or an other governmental or quasi-governmental
agency or an other public or private entity for the provision of water within
the NAS South Weymouth Redevelopment Area, and develop, own, manage, operate,
regulate, convey or lease any and all systems for the delivery of such water
within the NAS South Weymouth Redevelopment Area; provided, however, that the
procurement of such water does not materially adversely affect the supply of
water available to any of the towns;
(h) make and execute agreements with 1 or
more of the towns or other appropriate public or private agencies and entities
for the provision of police, fire, emergency medical, schools and other
municipal services within the NAS South Weymouth Redevelopment Area; provided,
however, that, after consideration of public health and safety issues,
operational efficiencies and costs, and other relevant considerations,
preference in the provision of such municipal services shall be given to the
towns before entering into any such agreements with other public or private
agencies and entities;
(i) exercise the
power of eminent domain within the NAS South Weymouth Redevelopment Area as
provided in chapters 79, 79A, 80 and 80A of the General Laws;
(j) appoint,
prescribe the qualifications and fix the compensation of corporate officers,
agents and employees, and pay the same out of funds of the corporation;
(k) appoint legal
counsel and fix compensation for such services rendered to the corporation;
(l) appoint qualified boards, commissions,
committees or subcommittees, including those responsible for zoning,
subdivision and other land use or permitting approvals whose members need not
be directors of the board, and individuals, in addition to the advisory board
established pursuant to section 10, to serve as unpaid advisors under such
terms and conditions as it may deem necessary; provided, however, that such
boards, commissions, committees, subcommittees and individuals may be
reimbursed for incidental expenses determined by the corporation to be
necessary and incurred while performing the business of the corporation;
(m) acquire, hold
and dispose of personal property within the NAS South Weymouth Redevelopment
Area for its corporate purposes;
(n) acquire
easements and other interests in land directly associated with the NAS South
Weymouth Redevelopment Area in connection with the project;
(o) purchase, receive, take by grant, gift,
devise, bequest, lease, or otherwise acquire, own, hold, improve, employ, use
or otherwise manage real and personal property or any interest therein, whether
tangible or intangible, for its purposes, located within the NAS South Weymouth
Redevelopment Area, except for any federally-owned property of the former NAS
South Weymouth which shall be or has been transferred to the United States
Coast Guard and Federal Aviation Administration; provided, however, that when any
of the excepted property is declared to be surplus to the needs of the United
States government, the corporation may obtain any and all like interest in the
property as described herein;
(p) sell, convey, lease, exchange, transfer,
or otherwise dispose of, or mortgage, pledge or create a security interest in
the project and all or any of its real or personal property or any interest
therein, using procedures adopted by the corporation; provided, however, that
any such transaction consummated in fulfillment of the obligations of the Naval
air station planning committee assumed by the corporation under clause (iii) of
paragraph (b) of section 8 shall be exempt from the public bidding and
procurement requirements applicable to bodies politic and corporate of the
commonwealth imposed by general or special law, including, without limitation,
the requirements of chapter 7 of the General Laws and regulations promulgated
thereunder governing the division of capital asset management and maintenance;
and provided further, that the corporation may, pursuant to an affirmative vote
and by either stating the public convenience and necessity therefor or by
determining that consideration in excess of fair market value is being paid
theretofor or furnished in connection therewith, exempt any other such
transaction from these requirements;
(q) apply for and, for the purposes of this
act, accept gifts, loans, grants of property, funds, money, materials, labor,
supplies or services from a person or from the United States government or its
departments or agencies or from an agency of the commonwealth or a political
subdivision thereof, or make agreements with respect to any such gifts, loans
or grants, and to do any and all things necessary, useful, desirable or
convenient in connection with procuring, accepting or disposing of such gifts,
loans or grants;
(r) purchase, take, receive, subscribe for,
or otherwise acquire, hold, make a tender offer for, vote, employ, sell, lend,
lease, exchange, transfer or otherwise dispose of, mortgage, pledge or grant a
security interest in, use or otherwise deal in and with, bonds and other
obligations, shares or other securities or interests therein issued by others,
whether engaged in a similar or different business or activity;
(s) make and execute agreements, contracts,
project labor agreements and other instruments necessary or convenient in the
exercise of the powers and functions of the corporation under this act,
including contracts with a person, firm, corporation, municipality, commonwealth
agency, governmental unit or other entity, foreign or domestic;
(t) assess and collect taxes, assessments,
special assessments, betterments and fees within the NAS South Weymouth
Redevelopment Area under the General Laws and the powers granted by this act,
in order to generate revenues to pay the cost of operations of the corporation,
amounts due on outstanding indebtedness of the corporation, maintenance of the
property, environmental remediation and monitoring of the property and the
construction and maintenance of the project, infrastructure improvements within
or associated with the NAS South Weymouth Redevelopment Area in accordance with
this act, the General Laws, the Reuse Plan and zoning by-laws approved by the
towns, including the funding provisions thereof and for all other purposes for
which cities and towns may assess and collect such taxes, assessments, special
assessments, betterments and fees, and distribute excess revenues in accordance
with section 19. In connection with the
foregoing, the corporation shall have all the powers and authority of cities
and towns under chapters 59, 60, 60A, 61B and section 3A of chapter 64G of the
General Laws, and any powers that require adoption by cities and towns if
adopted by the corporation;
(u) administer land use and zoning controls
and zoning, subdivision, licensing, inspection, and other municipal permitting,
licensing and inspection activities within the central redevelopment area as
defined for such administration in the Reuse Plan and zoning by-laws approved
by the towns, and to enter into agreements with the towns whereby any such
activities which the corporation may determine shall be more effectively
administered by a town shall be within such town’s administration, subject to
such town’s agreement to enter into such agreements. Except as otherwise
expressly provided in the zoning by-laws approved by the towns under section
14, (a) in the administration of the activities authorized under this section
in the central redevelopment area, the corporation may take action and issue permits, approvals,
licenses, orders, determinations and other entitlements in accordance with the
procedures and standards from time to time applicable to municipalities and
their boards, commissions and agencies so authorized to take such action or to
issue any such permit, approval, license, order, determination or other
entitlement under the General Laws; provided, however, that the regulations
developed and adopted by the corporation under section 14 may provide for
expedited permitting under which the time frames for action applicable to
municipalities and their boards, commissions and agencies under the provisions
of the General Laws are shortened; and (b) all such actions, including a
failure to take action, and such permits, approvals, licenses, orders,
determinations and other entitlements shall have the legal effect and duration
as provided in the General Laws, except for any shortened time frames expressly
provided in such regulations. Upon termination of the corporation under section
33, the authority to administer such activities shall be vested in the towns in
accordance with the dissolution and administration agreement and the General
Laws, but no action or inaction of or permit, approval, license, order,
determination or entitlements issued by the corporation prior thereto or any
activity undertaken or improvement made in accordance therewith shall be
affected thereby. Any and all municipal powers which do not involve the
administration by the corporation of such land use and zoning controls and
zoning, subdivisions, licensing, permitting, or inspection activities shall
remain with the towns in which the applicable real property is located unless
expressly granted to said corporation in this act or elsewhere;
(v) develop, adopt, amend, implement and
enforce by-laws and regulations for the general administration of the NAS South
Weymouth Redevelopment Area pursuant to sections 21 through 33 of chapter 40 of
the General Laws or as otherwise permitted by law;
(w) issue a maximum of 15 alcoholic beverage
licenses within the NAS South Weymouth Redevelopment Area in accordance with
chapter 138 of the General Laws and the Reuse Plan and zoning by-laws;
provided, however, that said licenses shall not diminish the number of licenses
permitted by the commonwealth to be granted by the towns; provided however that
the licenses shall be limited as follows: (i) 10 licenses shall be available
for issuance to qualified applicants operating sit-down restaurants and associated
bar areas and bars located within and as part of hotels, function halls,
conference centers, public and private social and recreational clubs, shopping
centers and related entertainment venues and cinemas; and (ii) 1 license shall
be available for issuance to a qualified applicant operating a clubhouse or
like facility associated with a golf course if one is established in the NAS
South Weymouth Redevelopment Area; provided further, that none of the remaining
4 alcoholic beverage licenses may be issued by said corporation to any
applicant for any of the purposes authorized by this subsection unless said
corporation first requests and receives approval of the appropriate licensing
board or authority in the applicable town to issue one or more of said licenses;
provided further, that none of the licenses authorized by this section shall be
transferable outside the NAS South Weymouth Redevelopment Area; and provided
further, that the corporation may issue entertainment licenses and temporary
alcoholic beverage licenses as it deems necessary and appropriate;
(x) borrow money at such rate or rates of
interest as the corporation may determine; issue its notes, bonds or other
obligations to evidence such indebtedness, and secure any of its obligations by
pledging any of its taxes, assessments, betterment fees, rents, fees or other
revenues or by mortgage or pledge of all or any of its property, or any
interest therein, tangible or intangible, whether then owned or thereafter
acquired, as provided in this act, and exercise all other rights and powers of
cities and towns under chapter 44 of the General Laws; provided, however, that
chapter 44 of the General Laws shall not be applicable to the manner of voting
or the limitations as to the amount and time of payment or other details of
debts incurred by the corporation and, in the event of a conflict between the
provisions of this act and chapter 44 of the General Laws, the provisions of
this act shall apply;
(y) arrange for
guaranties of its notes, bonds or other obligations by the federal government,
the commonwealth, the towns or by any private insurer or otherwise, and to pay
any premiums therefor;
(z) issue such short
and long term notes, bonds or other obligations, whether or not the interest to
the holders is exempt from taxation;
(aa) purchase notes,
bonds or other obligations of the corporation at such price or prices, in such
manner, and upon such terms, as the corporation may determine;
(bb) invest and reinvest its funds in such
investments as may be lawful for fiduciaries in the commonwealth, and take and
hold property as security for the payment of funds so invested, as provided in
section 55 of chapter 44 of the General Laws;
(cc) procure insurance against any loss in
connection with its property or the project in such amounts and from such
insurers, including the federal government, and directors and officers
liability insurance, as it may deem necessary or desirable, and to pay any
premiums therefor;
(dd) enter into and perform contracts, project
labor agreements, and other agreements, whether or not they may be deemed to
constitute indebtedness under applicable law, for the joint or separate
planning, financing, construction, purchase, operation, maintenance, use,
sharing costs of, ownership, mortgaging, leasing, sale, disposal of, or other
participation in facilities, products or services of any person who engages in
business on property owned or controlled by the corporation;
(ee) maintain a
principal office within the NAS South Weymouth Redevelopment Area;
(ff) make any inquiry, investigation, survey,
feasibility study or other study which the corporation may deem necessary or
advisable to enable it to carry out effectively this act;
(gg) apply to the appropriate agencies and
officials of the federal government and the commonwealth for licenses, permits
or approvals, as are ordinarily applied for by cities and towns, of its plans
or the project as it may deem necessary or advisable, and to accept such
licenses, permits or approvals as may be tendered to it by such agencies or
officials, upon such terms and conditions as it may deem appropriate;
(hh) make by-laws and establish committees
for the management and regulation of its affairs as it may deem necessary or
advisable and, subject to agreement with bondholders, make rules pursuant to
its own procedures for the use of the project and its property, and establish
and collect assessments, rentals, fees and all other charges for the use of the
project under the jurisdiction of the corporation and for services or
commodities sold, furnished or supplied by the corporation;
(ii) design, construct, maintain, operate,
improve and reconstruct the project as shall be consistent with the purposes
and provisions of the approved Reuse Plan and zoning by-laws, including without
limitation the maintenance and development of all infrastructure improvements
necessary or convenient in connection with the project, and to contract for the
environmental remediation, construction, operation or maintenance of any parts
thereof, or for services to be performed thereon, and rent parts thereof and
grant concessions thereon, on such terms and conditions as the corporation may
determine, in accordance with the Reuse Plan and zoning by-laws; provided,
however, that any such transaction shall be exempt from the public bidding and
procurement requirements applicable to bodies politic and corporate of the
commonwealth imposed by general or special law, including without limitation,
the requirements of chapters 7, 30 and chapter 149 of the General Laws, but
excluding sections 28 and 29 of said chapter 149, and regulations promulgated
thereunder so long as the corporation has, pursuant to an affirmative vote and
by stating the public convenience and necessity therefor, exempted any such
transaction from such requirement;
(jj) designate the
depositories of its money within the commonwealth;
(kk) establish its
fiscal year to commence on July 1 and end on June 30 of each year and change
the fiscal year from time to time as the corporation may deem necessary and
appropriate;
(ll) take such other
actions and exercise such other powers as it may deem necessary, advisable and
convenient in the furtherance of the purposes of this act;
(mm) apply for and be eligible for any and
all available financial and other assistance, consistent with the Reuse Plan,
without further approval of any agency of the commonwealth pursuant to chapters
40R and 40S of the General Laws and similar statutes of the General Laws as a
town would be so eligible pursuant to said chapters; provided, however, that
the NAS South Weymouth Redevelopment Area shall be deemed to be an approved
smart growth zoning district under said chapter 40R, entitling the corporation
to all funds available under said chapters 40R and 40S in connection therewith,
including without limitation density bonus payments and zoning incentive
payments; and provided further, that the designation of the NAS South Weymouth
Redevelopment Area as a smart growth zoning district shall have no effect on
the ability of the towns to otherwise obtain approvals for other land under
said chapter 40R;
(nn) establish, construct, maintain,
regulate, discontinue and otherwise own, manage and operate any street, public
way or public use of a private way within the NAS South Weymouth Redevelopment
Area, including any sewers, drains, sidewalks and other utilities and
infrastructure located in any streets and ways;
(oo) assume responsibility for maintaining,
monitoring and conducting other activities imposed by any condition of any
license, permit or approval, or by any institutional control arising under any
environmental law or regulation with respect to the project; and
(pp) provide, directly or indirectly, for the
public educational needs of all kindergarten, primary and secondary school-age
children within the NAS South Weymouth Redevelopment Area whereby all such
children shall be deemed to be residents of the town of Weymouth for such
purposes; provided, however, that in providing these public educational
services to these children on behalf of the corporation, the town of Weymouth
shall not be deemed to have accepted or adopted any school choice program under
chapter 76 of the General Laws.
Section 7. The
corporation shall not be obligated to maintain, operate, improve or provide
services, including police and fire protection, for those portions of the NAS
South Weymouth which remain in federal ownership, nor shall the corporation
bear any responsibility or be liable for any injury, damage or loss arising out
of or in connection with any activities which may occur on such federal
property, nor as a result of any improvements, damage, deterioration or
environmental hazards occurring thereon. The corporation may enter into
agreements with the federal government to provide any services to areas of the
NAS South Weymouth Redevelopment Area remaining in federal ownership which the
corporation may provide elsewhere in the NAS South Weymouth Redevelopment Area.
Section 8. (a) In
addition to any other duties set forth in this act, the corporation shall
coordinate with, and provide information to, the United States and any
officials or employees thereof, regarding any matter relating to the ownership,
condition, closure, conversion, redevelopment or future use or operations of
the NAS South Weymouth Redevelopment Area as required by the Defense Base
Realignment and Closure Act. Notwithstanding any other provision of law, the
corporation shall be the only person or entity in the commonwealth authorized to
negotiate, purchase or otherwise obtain on behalf of itself, the commonwealth
or any of its political subdivisions, any fee ownership, easement, lease,
license or other interest in any property in or on the NAS South Weymouth
Redevelopment Area from the United States, except that a governmental entity of
the commonwealth may acquire an interest from the corporation to such property,
if such acquisition and use of the property by a governmental entity of the
commonwealth is consistent with the Reuse Plan and zoning by-laws. Prior to the
disestablishment of the Naval air station planning committee as specified in
subsection (e) of section 14, such committee may request, on behalf of the
corporation, that the government land bank act as its agent to conduct implementation
negotiations with the United States government until the corporation is fully
staffed with the capacity to pursue such negotiations for itself. The
corporation may request continuing assistance of the government land bank in
pursuing such negotiations with the United States government.
(b) The corporation shall be obligated to:
(i) assume and perform the government land bank's obligations with respect to
the less than fair market interim master lease between the United States of
America and Government Land Bank d/b/a Massachusetts Development Finance Agency
for the Naval Air Station South Weymouth, which the Naval air station planning
committee requested the government land bank enter into on its behalf; (ii)
assume and perform the government land bank's obligations with respect to any
subleases which the government land bank enters into pursuant to the less than
fair market interim master lease at the Naval air station planning committee's
request; and (iii) assume any and all obligations, including, without
limitation, any letters of intent to lease or sell real estate, entered into by
the Naval air station planning committee, or the government land bank at the
committee's request with respect to the NAS South Weymouth Redevelopment Area.
Section 9. (a) The
powers and management of the corporation, which include all rights and powers
of a town council or board of selectmen or mayor of a city or town, shall be
vested in a board of 5 directors to be appointed as follows:
(i) 1 member appointed by the board of
selectmen of the town of Abington;
(ii) 2 members appointed by the board of
selectmen of the town of Rockland; and
(iii) 2 members appointed by the mayor of the
town of Weymouth.
The board shall
appoint a chairman from among its members who shall serve in that capacity at
the pleasure of the board.
(b) Directors shall serve for terms of 5
years; provided, however, that of those initially appointed, 1 by the town of
Weymouth shall be appointed for a term of 3 years, 1 by the town of Rockland
and 1 by the town of Weymouth shall be appointed for terms of 4 years, and 1 by
the town of Abington and 1 by the town of Rockland shall be appointed for terms
of 5 years. All directors shall be eligible for reappointment at the expiration
of their terms and may be removed for good cause by their respective appointing
authority. Vacancies shall be filled by the board of selectmen or mayor, as
applicable, of the town that appointed the director.
(c) All directors of the corporation shall
have demonstrated expertise or education and experience in 1 or more of the
following areas: real estate development, housing, finance, business,
environment, planning, engineering, transportation or municipal government. The
towns shall cooperate to assure the appointment of directors from as many of
the foregoing disciplines as possible.
(d) Four members of the board shall
constitute a quorum. A minimum of 3 affirmative votes of the quorum shall be
required for any action of the board.
(e) Directors may receive compensation as
determined from time to time by the advisory board established by section 11.
Directors shall receive reimbursement of such incidental expenses determined by
the board to be necessary; provided, however, that the annual compensation of the
directors shall not exceed $6,250 or 80 per cent of the total combined average
of the annual salaries of the town councilors of the town of Weymouth,
whichever is higher.
(f) Directors shall be residents of the
commonwealth. No director shall be a local elected public official of the town
of Abington, Rockland or Weymouth, except that residents of the towns of
Abington and Rockland who participate in their respective town meetings shall
not be restricted from service as a director of the corporation.
(g) Public employees or appointed officials
of the federal government and the commonwealth and its political subdivisions
may serve as directors of the corporation so long as their service as director
does not constitute a conflict of interest with their duties as public
employees or appointed officials.
(h) Directors shall be subject to chapter
268A of the General Laws.
(i) The directors may, from time to time, by
majority vote designate employees of the corporation, consultants and other
individuals to participate on boards, commissions, committees and other
organizations established by the corporation or otherwise related to the
project as a representative of the directors.
(j) The directors may, from time to time, by
majority vote, authorize a person, other than a majority of the board, to issue
endorsements, certificates and other ministerial documents in furtherance of
actions taken by the board.
(k) The officers and directors of the
corporation shall have the full protections afforded by section 13 of chapter
258 of the General Laws to the same extent as municipal officers in a city or
town which has accepted said section 13 of said chapter 258.
Section 10. If a
director, or member of his immediate family shall be interested either directly
or indirectly, or shall be a director, officer or employee of or have an
ownership interest in a firm or corporation interested directly or indirectly,
in a contract or other matter involving the corporation, such interest shall be
disclosed to the board and shall be set forth in the minutes of the board. The
member having such interest shall not participate on behalf of the corporation
in any proceeding or decision relating to such contract or matter. For the
purpose of this section, immediate family shall include spouse, parent,
parent-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-law,
daughter, daughter-in-law and the parent or child of any of such individuals.
Section 11. (a)
There shall be an advisory board to the corporation consisting of: (i) 1 voting
representative appointed by the town of Abington and 1 voting representative
appointed by the town of Hingham; (ii) 2 voting representatives appointed by
the town of Rockland and 2 voting representatives appointed by the town of
Weymouth; (iii) 1 voting representative of the metropolitan area planning
council who shall be a member of and be designated by the board of the council
and who shall reside in Norfolk county; (iv) 1 voting representative of the Old
Colony planning council who shall be a member of and be designated by the board
of the council and who shall reside in Plymouth county; and (v) 3 voting
representatives to be appointed by the governor, 1 of whom shall have skill and
expertise in matters relating to environmental protection, 1 of whom shall have
skill and expertise in matters relating to real estate development and 1 of
whom shall be a member of the board of the South Shore chamber of commerce. The
members of the advisory board representing a town shall be appointed by, and
serve at the pleasure of, the mayor of the town of Weymouth or board of
selectmen of each such other town. The members of the advisory board appointed
by the metropolitan area planning council and the Old Colony planning council
shall serve at the pleasure of the councils. The members of the advisory board
appointed by the governor shall serve at the pleasure of the governor.
(b) The total voting membership of the
advisory board shall be 11 votes, equally weighted. The advisory board may act
at regular periodic meetings called in accordance with its by-laws or at a
special meeting called by the corporation or by 6 or more members of the
advisory board. A quorum of the advisory board shall consist of 6
representatives. The advisory board may act by the affirmative vote of a
majority of the representatives present that constitute a quorum.
(c) For the conduct of its business the
advisory board shall adopt and may revise and amend its own by-laws. The
advisory board shall annually elect from among its members a chairperson, a
vice chairperson and a secretary and such other officers as the advisory board
may determine. Each such officer shall serve in such capacity at the pleasure
of the advisory board and may be removed from such position by majority vote of
the advisory board. In the event of a vacancy, the appointing authority shall
fill the vacancy for the unexpired term. Each member of the advisory board
shall serve without compensation but may be reimbursed for all reasonable
expenses incurred in the performance of his or her duties as approved by the
advisory board and the corporation.
(d) The purposes of the advisory board shall
be as follows:
(i) to review the
annual report of the corporation and to prepare comments thereon for the
benefit of the corporation, the governor and the towns, and to make such
examinations of the reports on the corporation's records and affairs as the
advisory board deems appropriate;
(ii) to hold regular meetings twice annually
with the board of directors of the corporation and, at the discretion of the
advisory board and with the concurrence of the board of directors of the
corporation, special meetings with the board of directors of the corporation as
it deems necessary and appropriate on matters relating to the corporation, and
to hold meetings at other times as the advisory board may determine;
(iii) to make
recommendations to the corporation on its annual budget;
(iv) to make
recommendations to the governor, the general court and the towns regarding the
corporation and its programs; and
(v) to determine,
from time to time, compensation for directors of the board.
(e) The corporation shall provide such
reasonable administrative and staff support to the advisory board as may be
necessary for the efficient discharge of the advisory board's responsibilities
pursuant to this act.
Section 12. The
board may from time to time appoint an executive director, who shall devote his
full time during business hours to the duties of his office, who shall receive
compensation as the board may determine, and who shall serve at the pleasure of
the board; a chief financial officer, who shall be the chief financial and
accounting officer of the corporation and shall be in charge of its funds,
books of accounts and accounting records; and such other officers and employees
as are necessary to the orderly functioning of the corporation. The executive
director shall be well qualified to serve in this capacity and shall have, at a
minimum, professional education in public administration or a related academic
discipline and at least 10 years of demonstrated experience in positions of
comparable responsibilities. The chief financial officer shall, at a minimum,
have both education and at least 10 years of demonstrated experience in the field
of finance. Officers and employees of the corporation shall not be subject to
the provisions of chapter 30 of the General Laws or section 9A, 45, 46, 51 or
52 of chapter 31 of the General Laws. Officers and employees of the corporation
shall be subject to the provisions of chapter 268A of the General Laws.
Compensation for employees of the corporation, including the executive director
and chief financial officer, shall be set by the board.
Section 13. The
corporation may hire, fix and pay compensation, prescribe duties and
qualifications and establish personnel policies without regard to any personnel
or civil service law or personnel or civil service rule of the commonwealth.
The employees of the corporation shall not be classified employees of the commonwealth.
An individual employed by the corporation shall be deemed an employee at will
and shall serve at the pleasure of the corporation.
Section 14. (a) The
Reuse Plan prepared by the Naval air station planning committee and approved by
majority vote of the towns of Abington, Rockland and Weymouth, and the zoning
by-laws approved by a two-thirds vote of the towns of Abington, Rockland and
Weymouth, shall govern the corporation's redevelopment of the NAS South
Weymouth Redevelopment Area. The zoning by-laws shall be effective on the date
that the last of the 3 towns gives its approval of the same; provided, however,
that neither the towns nor the corporation may initiate or undertake any
redevelopment activity within the NAS South Weymouth Redevelopment Area, unless
and until the 3 towns approve the zoning by-laws in accordance with this
section. Once effective, such zoning by-laws shall supersede the existing
zoning by-laws of the towns except to the extent the existing zoning by-laws
are incorporated in the zoning by-laws. Adoption of the Reuse Plan and newly
adopted zoning by-laws by the towns shall constitute final acceptance of the
same for the purposes of this act.
(b) A revision to the Reuse Plan or zoning
by-laws considered to be substantial as that term is defined in the Reuse Plan
and zoning by-laws shall not be effective until the towns, following public
hearings, approve the revision. Notwithstanding the foregoing, revisions to the
zoning by-laws which merely change the boundaries of zoning districts but do
not alter or amend the Reuse Plan shall not be considered substantial if the
board determines that such boundary revisions are warranted by: (i) the
department of highway’s determination of the location of “East-West Parkway” at
NAS South Weymouth; or (ii) requests from the Natural Heritage and Endangered
Species Program for minor relocations of the proposed golf course at NAS South
Weymouth. Within 90 days of receipt of a proposed substantial revision to the
Reuse Plan or zoning by-laws, the mayor of the town of Weymouth shall convene a
meeting of the town council of the town of Weymouth and the boards of selectmen
of each of the towns of Abington and Rockland shall convene a town meeting for
such towns for the purpose of adopting by majority vote of such town council
and each town meeting the substantial revision to the Reuse Plan, or adopting
by two-thirds vote of the town council and each town meeting the substantial
revision to the by-laws, as the case may be. Each town shall vote to adopt or
disapprove the substantial revision to the Reuse Plan or zoning by-laws as
submitted. No amendments to the proposed substantial revision to the Reuse Plan
or zoning by-laws shall be made by the towns. Each town shall, within 30 days
of adoption or rejection of a proposed substantial revision to the Reuse Plan
or zoning by-laws at either a town council meeting or a town meeting, provide
the secretary with a written notification stating whether the town council or
town meeting adopted or rejected the proposed substantial revision to the Reuse
Plan or zoning by-laws. Until such time as all 3 towns have adopted the
proposed substantial revision to the Reuse Plan or zoning by-laws, the change
to the Reuse Plan or zoning by-laws shall have no force or effect. Revisions to
the Reuse Plan or zoning by-laws not considered substantial pursuant to the
guidelines set forth in the Reuse Plan or zoning by-laws shall be effective
upon approval thereof by the corporation. Prior to approving any revision not
considered substantial, the corporation shall formally notify and consult with
the towns and the advisory board, publish a notice of public hearing in a
newspaper of general circulation within the NAS South Weymouth Region, hold at
least 1 public hearing in the NAS South Weymouth Redevelopment Area or in any
one of the towns, and afford the opportunity for public comment at which the
proposed revision to the Reuse Plan or zoning by-laws not considered
substantial shall be considered and voted upon. Such regulations may provide
for expedited permitting under which the time frames for actions, including a
failure to take action, applicable to municipalities and their boards,
commissions and agencies under the provisions of the General Laws may be
shortened. Nothing in this section shall require the corporation to be governed
by the requirements of chapter 30A of the General Laws.
(c) The procedures set forth in this section
for the adoption of the Reuse Plan and zoning by-laws, whether such adoption
occurs prior to or subsequent to the effective date of this act, and for
adopting revisions to the Reuse Plan and zoning by-laws shall be exclusive
notwithstanding any general or special law to the contrary.
(d) Regulations for the effective
implementation and enforcement of the Reuse Plan and zoning by-laws and
revisions thereof shall be developed and adopted by the corporation, pursuant
to section 6. No regulation shall be adopted by the corporation without first
publishing notice of same in a newspaper of general circulation within the NAS
South Weymouth Region, holding at least one public hearing in the NAS South
Weymouth Redevelopment Area or in any one of the towns, and affording the
opportunity for public comment. Nothing in this section shall require the
corporation to be governed by the requirements of chapter 30A of the General
Laws.
(e) Except where the General Laws establish
jurisdiction of another court or agency to act on appeal from such
determination or approval when otherwise made by a municipal board, commission
or official, a person aggrieved by a determination or approval of the
corporation, whether or not previously a party to the proceeding, may appeal to
the superior court or land court by bringing an action within 20 days after the
corporation has filed its decision in each of the 3 towns' clerk's offices. The
20 day period shall commence only after all such filings have been completed.
The court shall hear all pertinent evidence and shall annul the determination
of the corporation if it finds that the determination is unsupported by
substantial evidence or exceeds the authority of the corporation, or it may
remand the case for further action by the corporation or may make such other
decree as is just and equitable.
(f) The Naval air station planning committee
shall be disestablished on the 120th day following the effective date of
enactment of this act or upon the appointment of the 5 members of the board of
the corporation, whichever occurs first.
Section 15. The
corporation shall prepare a taxation plan, consistent with the Reuse Plan and
zoning by-laws approved by the towns, for the corporation's assessment of
property taxes and other taxes over which the department of revenue has
regulatory oversight for municipalities under the General Laws. The taxation
plan shall provide for the imposition and levy of such taxes that may be
adjusted from time to time by the corporation, upon persons, residents and
estates lying within the NAS South Weymouth Redevelopment Area including both
the central redevelopment area and the perimeter area consistent with the
General Laws that are applicable to municipalities. Upon approval of the
taxation plan by the secretary and the commissioner, the corporation shall
exercise all the powers granted pursuant to this act and to municipalities in
the commonwealth to enable the collection of such taxes and other charges. In
connection with the foregoing, the corporation shall have all the powers and
authority of cities and towns under chapters 40, 59, 60, 60A, 61B and section 3A
of chapter 64G of the General Laws, and may accept a local option under a
general or special law related to the assessment, exemption or enforcement of
property taxes and excises that cities and towns may accept. The towns shall
not be entitled to assess a fees or taxes on property, persons or businesses
located in the NAS South Weymouth Redevelopment Area unless a town has, by
agreement with the corporation, undertaken to issue specific licenses and
permits to persons, businesses or other entities within the NAS South Weymouth
Redevelopment Area. In such cases, the town issuing the licenses or permits may
assess and collect a reasonable fee for the issuance of such licenses and
permits from the licensees or permittees. The towns shall not be required to incur
any costs or expenses related to the provision of municipal services within the
NAS South Weymouth Redevelopment Area or to provide municipal services therein
except pursuant to written agreement for the provision of the same between the
corporation and one or more of the towns. Each town shall be responsible for
furnishing or funding the cost of municipal services furnished to any land
within the NAS South Weymouth Redevelopment Area owned or leased by the towns.
Section 16. The
executive office for administration and finance and the executive offices of
housing and economic development and of labor and workforce development shall
identify a senior staff member who shall assist the corporation with
establishing a method for coordinating 1-stop licensing for all businesses and
developments to be located within the NAS South Weymouth Redevelopment Area for
the purpose of expediting the process for obtaining commonwealth licenses,
permits, certificates, approvals, registrations, charters and meeting any other
requirements of law. The corporation shall assist prospective developers by
centrally coordinating the submission of licensing and permitting requests to
the permitting agencies.
Section 17. Each
public agency in the commonwealth involved in the development or financing of
economic development projects shall develop a coordinated 1-stop program for
businesses, institutions and private parties that may intend to locate in the
NAS South Weymouth Redevelopment Area in order to enable development activities
within the NAS South Weymouth Redevelopment Area to be more effectively
promoted by the commonwealth.
Section 18. (a) The
corporation may fix, revise, charge, collect, levy and abate betterments,
assessments, special assessments and fees, and other charges for the cost,
administration and operation of the infrastructure improvements. In providing
for the payment of the cost of the infrastructure improvements or for the use
of the infrastructure improvements, the corporation may avail itself of the General
Laws relative to the assessment, apportionment, division, fixing, reassessment,
revision, abatement and collection of infrastructure charges, including
betterments, assessments, special assessments and fees by municipalities, or
the establishment of liens therefor and interest thereon, and the procedures
set forth in sections 5 and 6 of chapter 254 of the General Laws for the
foreclosure of liens, as it shall deem necessary and appropriate for purposes
of the assessment and collection of such infrastructure improvement charges.
Notwithstanding any general or special law to the contrary, the corporation may
pay the entire cost of any infrastructure improvements, including the
acquisition thereof, during construction or after completion, or the debt service
of notes or bonds used to fund such costs, from betterments, assessments,
special assessments, fees, or other charges, and may establish the betterments,
assessments, special assessments, fees or other charges, prior to, during or
within 1 year after completion of construction or acquisition of any
infrastructure improvements. The corporation may establish a schedule for the
payment of betterments, assessments, special assessments, fees or other
charges, not to exceed 35 years. The corporation may determine the
circumstances under which the betterments, assessments, special assessments,
fees and other charges, may be increased, if at all, as a consequence of
delinquency or default by the owner of that parcel or any other parcel within
the NAS South Weymouth Redevelopment Area.
(b) The betterments, assessments, special
assessments, fees and other charges of general application authorized by this
act may be increased in accordance with the procedures to be established by the
corporation for assuring that interested persons are afforded notice and an
opportunity to present data, views and arguments. The initial schedule of
assessments, special assessments, fees and other charges, may be adopted by the
corporation at any scheduled meeting of the board, provided that notice of the
meeting, and the proposed schedule, is sent to each owner of a parcel within
the NAS South Weymouth Redevelopment Area, by registered or certified mail at
least 7 days prior to the meeting. Thereafter,
the corporation shall hold at least 1 public hearing on a revision to its
schedule of betterments, assessments, special assessments, fees and other
charges thereof prior to adoption by the corporation, notice of which revisions
shall be delivered to the towns and shall be published in a newspaper of
general circulation in each of the towns at least 1 month in advance of the
hearing. No later than the date of such publications, the corporation shall
make available to the public and deliver to the towns the proposed revisions to
the schedule of special assessments, fees, betterments, assessments and other
charges. The betterments, assessments, special assessments, fees and other
charges established by the corporation shall not be subject to supervision or
regulation by any department, division, commission, board, bureau or agency of
the commonwealth or its political subdivisions, including without limitation,
the towns, except for the approval of the taxation plan and any amendments
thereof requiring approval by the secretary and commissioner.
(c) The betterments, assessments, special
assessments, fees and other charges established by the corporation in
accordance with this act shall be fixed and adjusted in respect of the
aggregate thereof so as to provide revenues at least sufficient: (i) to pay the
principal of, premium, if any, and interest on bonds, notes or other evidences
of indebtedness issued by the corporation under this act as the same become due
and payable; (ii) to create and maintain such reasonable reserves as may be
reasonably required by a trust agreement or resolution securing bonds or notes;
(iii) to provide funds for paying the cost of necessary repairs, replacements
and renewals of the infrastructure improvements; and (iv) to pay or provide for
an amount that the corporation may be obligated to pay or provide for by law or
contract, including a resolution or contract with or for the benefit of the
holders of its bonds and notes, provided that the corporation shall not be
required to increase any mandatory betterments, assessments, special
assessments, fees or other charges by virtue of an individual proprietor
delinquencies.
(d) As an alternative to levying betterments,
assessments, special assessments, fees and other charges under this act or the
General Laws, the corporation may levy special assessments on real estate
within the NAS South Weymouth Redevelopment Area to finance the cost,
administration and operation of the infrastructure improvements. In determining
the basis for and amount of the special assessment, the cost, administration,
maintenance and operation of the infrastructure improvements, including the
cost of the repayment of the debt issued or to be issued by the corporation to
finance the improvements, may be calculated and levied using any of the following
methods that result in fairly allocating the costs of the infrastructure
improvements to the real estate in the NAS South Weymouth Redevelopment Area:
(1) equally per
length of frontage, or by lot, parcel or dwelling unit, or by the square
footage of a lot, parcel or dwelling unit;
(2) according to the
value of the property as determined by the corporation; or
(3) in any other reasonable manner that
results in fairly allocating the cost, administration and operation of the
infrastructure improvements, according to the benefit conferred or use received
including, but not limited to, by classification of commercial or residential
use or distance from the infrastructure improvements.
(e) The corporation may also provide for the
following:
(1) a maximum amount
to be assessed with respect to any parcel;
(2) a tax year or
other date after which no further special assessments under this section shall
be levied or collected on a parcel;
(3) annual
collection of the levy without subsequent approval of the corporation;
(4) the circumstances under which the special
assessment levied against a parcel may be increased, if at all, as a
consequence of delinquency or default by the owner of that parcel or any other
parcel within the NAS South Weymouth Redevelopment Area; and
(5) procedures
allowing for the prepayment of betterments, assessments, special assessments,
fees and other charges under this act.
(f) Betterments, assessments, special
assessments, fees and other charges levied under this act shall be collected
and secured in the same manner as property taxes, betterments, assessments and
fees owed to the towns unless otherwise provided by the corporation and shall
be subject to the same penalties and the same procedure, sale and lien priority
in case of delinquency as is provided for such property taxes, betterments and
liens owed to the towns.
(g) The appellate tax board shall have
jurisdiction within the NAS South Weymouth Redevelopment Area pursuant to
chapter 58A of the General Laws to the same extent as its jurisdiction in
cities and towns.
Section 19. (a)
Excess revenues of the corporation, as that term is defined in the Reuse Plan
and zoning by-laws, shall be distributed by the board annually within 120 days
following the end of the corporation's fiscal year to the towns of Abington,
Rockland and Weymouth in the following percentages: 12 per cent to Abington; 42
per cent to Rockland and 46 per cent to Weymouth. These percentages are based
upon the ratio of the land area of each town located within the boundaries of
the NAS South Weymouth Redevelopment Area to the total acreage of the NAS South
Weymouth Redevelopment Area.
(b) The sharing of tax and non-tax revenues
generated in the NAS South Weymouth Redevelopment Area shall continue based on
the formula in subsection (a) in perpetuity following termination of the
corporation in accordance with 33.
Section 20. (a) The
corporation may provide by resolution of the board for the issuance of bonds
and notes of the corporation for the purposes of paying all or any part of the
cost of the project and its infrastructure improvements. Such cost shall
including the cost of: (1) construction, reconstruction, renovation and
acquisition of all lands, structures, real or personal property, rights, rights-of-way,
franchises, easements and interests acquired or to be acquired by the
corporation, the towns, the commonwealth or any other political subdivision
thereof; (2) all machinery and equipment including machinery and equipment
needed to expand or enhance services from the towns, the commonwealth or a
political subdivision thereof to the corporation; (3) financing charges and
interest prior to and during construction, and for a period not exceeding 1
year after completion of the construction, interest and reserves for principal
and interest, including costs of municipal bond insurance and any other type of
financial guaranty and costs of issuance; (4) extensions, enlargements,
additions and enhancements to infrastructure improvements; (5) architectural, engineering,
financial and legal services; (6) plans, specifications, studies, surveys and
estimates of costs and of revenues; (7) administrative expenses necessary or
incident to the construction, acquisition, financing, operation and maintenance
of the project; and (8) other expenses as may be necessary or incident to the
construction, acquisition, operation, maintenance and financing of the
infrastructure improvements, including the cost of issuing bonds or notes. The
corporation may issue up to $110,000,000 of its bonds which are secured by ad
valorem property taxes to be collected by the corporation. The corporation may
issue bonds which are secured by such other revenues and security as the board
may determine, which shall not be subject to the $110,000,000 limitation. The
corporation may issue bonds pursuant to chapter 40Q of the General Laws without
the approval of any of the towns, which shall be subject to the $110,000,000
limitation. A bond issued pursuant to said chapter 40Q shall not be subject to
the adjustment for the “inflation factor” described in said chapter 40Q. The
corporation may issue revenue bonds secured in whole or in part by betterments,
assessments, special assessments, fees and other charges, notes, debentures,
long term capital leases, grants and governmental assistance and long-term
contracts, which shall not be subject to any maximum dollar amount. The
principal of and interest on such bonds shall be payable solely from the funds
which are identified by the corporation and are permitted by this act to
provide for such payment. The bonds of each issue shall be dated, shall bear
interest at such rates, which may be variable or fixed, and shall mature at
times not exceeding 35 years from their dates of initial issuance, as the corporation
may determine, and may be made redeemable before maturity, at the option of the
corporation, at such prices and under such terms and conditions as the
corporation may fix prior to the issuance of the bonds. The corporation shall
determine the form of the bonds and the manner of execution of the bonds, and
shall fix the denominations of the bonds and the places of payment of principal
and interest, which may be at a bank or trust company within or without the
commonwealth and such other locations as designated by the corporation. In the
event an officer whose signature or a facsimile of whose signature shall appear
on any bonds shall cease to be an officer before the delivery of the bonds, the
signature or facsimile shall nevertheless be valid and sufficient for all
purposes as if such officer had remained in office until the delivery. The
bonds shall be issued in registered form. The corporation may sell the bonds in
a manner and for a price, either at public or private sale, as it may determine
to be for the best interests of the corporation.
(b) Prior to the preparation of definitive
bonds, the corporation may, under like restrictions, issue interim receipts or
temporary notes, with or without coupons, exchangeable for definitive bonds
when such bonds have been executed and are available for delivery. The
corporation may also provide for the replacement of bonds that shall become
mutilated or shall be destroyed or lost. The corporation may issue, from time
to time, notes of the corporation in anticipation of federal, state or local
grants for the cost of the project and acquiring, constructing or improving the
infrastructure improvements. The notes shall be authorized, issued and sold in
the same manner as provided in, and shall otherwise be subject, this act. Such
notes shall mature at such times as provided by the issuing resolution of the
corporation and may be renewed from time to time; provided, however, that all
such notes and renewals thereof shall mature on or before 20 years from their
date of issuance. Bonds and notes may be issued under this act subject only to
those proceedings, conditions or things that are specifically required by this
act.
(c) The corporation may provide by resolution
for issuance of refunding bonds of the corporation for the purpose of refunding
bonds then outstanding at maturity or upon acceleration or redemption.
Refunding bonds may be issued at such times prior to the maturity or redemption
of the refunded bonds as the corporation deems to be in the public interest. Refunding
bonds may be issued in sufficient amounts to pay or provide for the principal
of the bonds being refunded under this act, and the payment of a redemption
premium thereon and interest accrued or to accrue to the date of redemption of
such bonds, and, if deemed advisable by the corporation, for the additional
purpose of paying any cost of the project, including the acquisition,
constructing or reconstructing the infrastructure improvements. The issuance of
such bonds, the maturities and other details thereof, the rights of the holders
thereof, and the duties of the corporation in respect to the same shall be
governed by this act insofar as the same may be applicable.
(d) While bonds issued by the corporation
remain outstanding, the powers, duties or existence of the corporation shall
not be diminished or impaired in any way that will adversely affect the
interests and rights of the holders of such bonds.
(e) The board may by resolution delegate to a
person, other than a majority of the board, the power to determine any of the
matters set forth in this section.
(f) Bonds and notes issued under this
section, unless otherwise authorized by law, shall not be deemed to constitute
a debt of the commonwealth or of the towns, or a pledge of the faith and credit
of the commonwealth or of the towns, but such bonds shall be payable solely
from the funds of the corporation or as otherwise provided in this act. Unless
the towns or the commonwealth subsequently agree to pay the bonds or notes of
the corporation, such bonds and notes shall contain on their faces a statement
to the effect that neither the commonwealth nor the towns shall be obliged to
pay the same or the interest thereon and that neither the faith and credit nor
taxing power of the commonwealth or the towns is pledged to the payment of the
principal of or the interest on such bonds or notes.
(g) All bonds or notes issued under this act
shall have all the qualities and incidents of negotiable instruments as defined
in section 3-104 of chapter 106 of the General Laws.
(h) Prior to the issuance of bonds with a
maturity date later than the date the corporation is required to be terminated
pursuant to section 33, the mayor of the town of Weymouth and boards of
selectmen of the towns of Abington and Rockland, in consultation with the
corporation, shall enter into an intermunicipal debt service agreement
acceptable to the corporation, which shall provide for the continued payment of
principal and interest on such bonds and the maintenance of all required
reserves and any other obligations as may be set forth in the applicable bond
instruments from ad valorem property taxes, betterments, assessments, special
assessments, fees, other charges and other revenues generated in the NAS South
Weymouth Redevelopment Area and the corporation and the towns may enter into
and perform their respective obligations under such debt service agreement;
provided, however, that such agreement shall not extend the duration of the
corporation past the date on which it is to be terminated pursuant to section
33.
Section 21. (a) In
the discretion of the corporation, bonds, refunding bonds or notes may be
secured by a trust agreement by and between the corporation and a corporate
trustee, which may be a trust company or bank having the powers of a trust
company within or without the commonwealth. Such trust agreement may pledge or
assign the revenues to be received, but shall not convey or mortgage the
project or a part thereof.
(b) Either the resolution providing for the
issuance of bonds or notes or the trust agreement may contain provisions for
protecting and enforcing the rights and remedies of the bondholders as may be
reasonable and proper and not in violation of law, including, without limiting
the generality of the foregoing, provisions defining defaults and providing for
remedies in the event thereof, which may include the acceleration of maturities
and covenants setting forth the duties of, and limitations on, the corporation
in relation to the acquisition, construction, improvement, enlargement,
alteration, equipping, furnishing, maintenance, operation, repair, insurance
and disposition of property, custody, safeguarding, investment, application of
moneys, use of any surplus bond or note proceeds and establishment of reserves.
Such resolution or trust agreement may contain, but shall not be limited to,
covenants by the corporation in relation to the following: (i) the
establishment, revision and collection of such taxes, betterments, assessments,
special assessments, fees and other charges for services or facilities
furnished or supplied by the corporation as shall provide revenues which
together with other revenues of the project, if any, are sufficient to pay (1)
the cost of maintaining, repairing and operating the project and of making
renewals and replacements in connection therewith, (2) the principal of and the
interest on the bonds or notes, as the same shall become due and payable, (3)
payments in lieu of taxes, betterments, assessments, special assessments, fees and
other charges and (4) reserves for all such purposes; (ii) the purposes for
which the proceeds of the sale of the bonds or notes shall be applied and the
use and disposition thereof; (iii) the use and disposition of the gross
revenues of the corporation from the project, additions thereto and extension
and the infrastructure improvements thereof, including the creation and
maintenance of funds for working capital and for renewals and replacements to
the project; (iv) the amount, if any, of additional bonds or notes payable from
the revenues of the project and the limitations, terms and conditions on which
such additional bonds or notes may be issued; and (v) the operation,
maintenance, management, accounting and auditing of the project and of the
income and revenues of the corporation.
(c) It shall be lawful for a bank or trust
company within or without the commonwealth to act as depository of the proceeds
of bonds or revenues and to furnish such indemnifying bonds or to pledge such
securities as may be required by the corporation. Such trust agreement may set
forth the rights and remedies of the bondholders and of the trustee and may
restrict the individual right of action by bondholders as is customary in trust
agreements or trust indentures securing bonds and debentures of corporations.
Such trust agreement may contain other provisions as the corporation may deem
reasonable and proper for the security of the bondholders. All expenses
incurred in carrying out the provisions of such trust agreement may be treated
as a part of the cost of the operation of the project. The pledge by any such
trust agreement or resolution shall be valid and binding from the time when the
pledge is made. The revenues or other
moneys so pledged and then held or thereafter received by the corporation shall
immediately be subject to the lien of such pledge without a physical delivery
thereof or further act. The lien of any
such pledge shall be valid and binding as against all parties having claims of
any kind in tort, contract or otherwise against the corporation, irrespective
of whether such parties have notice thereof. The financing document by which
any pledge is created by the corporation shall not be required to be filed or
recorded to perfect such pledge except in the official records of the
corporation and no Uniform Commercial Code filing shall be required to be made.
A pledge or assignment made by the corporation is an exercise of its political
and governmental powers, and revenues, funds, assets, property and contract or
other rights to receive the same and the proceeds thereof which are subject to
the lien of a pledge or assignment created under this act shall not be applied
to purposes not permitted by the pledge or assignment.
(d) In addition to other security provided
herein or otherwise by law, bonds, notes or obligations issued by the
corporation under this act may be secured, in whole or in part, by a letter of
credit, line of credit, bond insurance policy, liquidity facility or other
credit facility for the purpose of providing funds for payments in respect of
bonds, notes or other obligations required by the holder thereof to be redeemed
or repurchased prior to maturity or for providing additional security for such
bonds, notes or other obligations. In connection therewith, the corporation may
enter into reimbursement agreements, remarketing agreements, standby bond
purchase agreements and any other necessary or appropriate agreements. The
corporation may pledge or assign the corporation’s revenues as security for the
reimbursement by the corporation to the providers of such letters of credit,
lines of credit, bond insurance policies, liquidity facilities or other credit
facilities of any payments made under the letters of credit, lines of credit,
bond insurance policies, liquidity facilities or other credit facilities.
(e) In connection with, or incidental to, the
issuance of bonds, notes or other obligations, the corporation may enter into
such contracts as it may determine to be necessary or appropriate to place the
bonds, notes or other obligations of the corporation, as represented by the
bonds or notes, or other obligations in whole or in part, on such interest rate
or cash flow basis as the corporation may determine, including without
limitation, interest rate swap agreements, insurance agreements, forward
payment conversion agreements, futures contracts, contracts providing for
payments based on levels of, or changes in, interest rates or market indices,
contracts to manage interest rate risk, including without limitation, interest
rate floors or caps, options, puts, calls and similar arrangements. Such
contracts shall contain such payment, security, default, remedy and other terms
and conditions as the corporation may deem appropriate and shall be entered into
with such parties as the corporation may select, after giving due
consideration, where applicable, for the creditworthiness of the counter
parties, including a rating by a nationally-recognized rating agency, the
impact on a rating on outstanding bonds, notes or other obligations or other
criteria the corporation may deem appropriate.
(f) The corporation shall have the power to
purchase its bonds or notes out of any funds available therefor. The
corporation may hold, pledge, cancel or resell such bonds or notes, subject to
and in accordance with agreements with bondholders.
(g) Any moneys received by the corporation,
whether as proceeds from the issuance of bonds or notes, or as revenue or
otherwise, may be designated by the board as trust funds to be held and applied
solely as provided in this act.
Section 22. Bonds,
refunding bonds and notes issued under this act shall be securities in which
all public officers and public bodies of the commonwealth and its political
subdivisions, all insurance companies, trust companies and their commercial
departments and within the limits set forth in chapter 172 of the General Laws,
banking associations, investment companies, executors, trustees and other
fiduciaries, and all other persons whatsoever who are now or may hereinafter be
authorized to invest in bonds or other obligations of a similar nature may
properly and legally invest funds, including capital in their control or
belonging to them; and such bonds are shall be obligations that may properly
and legally be made eligible for the investment of savings deposits and the
income thereof in the manner provided in chapter 168 of the General Laws. Such
bonds shall be securities that may properly and legally be deposited with and
received by a state or municipal officer or an agency or political subdivision
of the commonwealth for a purpose for which the deposit of bonds or other
obligations of the commonwealth is now or may hereafter be authorized by law.
Section 23. A holder
of bonds or notes issued under this act and a trustee under a trust, except to
the extent the rights herein given may be restricted by the trust agreement,
may, either at law or in equity, by suit, action, mandamus or other proceeding,
protect and enforce all rights under the laws of the commonwealth or granted
hereunder or under the trust agreement, and may enforce and compel the
performance of all duties required by this act or by the trust agreement, to be
performed by the corporation or by an officer thereof.
Section 24. The
towns and the commonwealth are pledged to agree with the holders of the bonds
or notes that neither the towns nor the commonwealth shall limit or alter or
cause to limit or alter the rights hereby vested in the corporation to acquire,
construct, reconstruct, improve, maintain, equip and furnish the project or
infrastructure improvements, to establish and collect ad valorem property
taxes, except as is currently or may be applicable to municipalities,
betterments, assessments, special assessments, fees and other charges and to
fulfill the terms of an agreements made with the holders of the bonds or notes
nor impair the rights and remedies of the bondholders or noteholders, until the
bonds or notes, together with interest thereon, with interest on any unpaid
installments of interest and all costs and expenses in connection with an
action or proceeding by or on behalf of the bondholders or noteholders, are
fully met and discharged.
Section 25. (a) The
creation of the corporation and the carrying out of its corporate purposes
shall be for the benefit of the people of the commonwealth and shall be a
public purpose, and the corporation shall be regarded as performing a
governmental function in the exercise of the powers conferred upon it by this
act and shall be required to pay no taxes or assessments upon any of the
property acquired by it or under its jurisdiction, control or supervision or
upon its activities.
(b) A bonds issued under this act, including
an exchange, sale or transfer of such bonds, and any income derived therefrom,
and the property of the agency shall at all times be free from taxation by the
commonwealth or any political subdivision or entity thereof.
(c) Bonds or notes may be issued under this
act without obtaining the consent of a department, division, commission, board,
bureau or agency of the commonwealth or the towns, and without a proceedings or
the happening of any other conditions or things other than those proceedings,
conditions or things that are specifically required thereof by this act, and the
validity of and security for bonds or notes issued by the corporation shall not
be affected by the existence or nonexistence of any such consent or other
proceeding conditions, or things.
Section 26. The
corporation shall be liable in contract and in tort in the same manner as a
municipal corporation. The directors, officers, employees and agents of the
corporation, including members of the advisory board established pursuant to
section 10, shall not be liable as such on their contracts or for torts not
committed or directly authorized by them. The property or funds of the
corporation shall not be subject to attachment or to levy and sale on
execution, but if the corporation refuses to pay a judgment entered against it
in a court of competent jurisdiction, the superior court, sitting within and
for Norfolk county or Plymouth county, may direct the treasurer of the
corporation to pay such judgment. The real estate owned by the corporation
shall not be subject to liens under chapter 254 of the General Laws but
sections 28 and 29 of chapter 149 of the General Laws shall be applicable to
any construction work by the corporation.
Section 27.
Notwithstanding any general or special law to the contrary, the corporation
shall be deemed to be a public employer for purposes of chapter 258 of the
General Laws.
Section 28. (a) The
corporation may, if appropriate, make application to the United States
Department of Housing and Urban Development or, as necessary, an other federal
agency, to designate all or a portion of the NAS South Weymouth Redevelopment
Area as an enterprise zone, pursuant to 42 U.S.C. § 11501 et seq., as amended,
or an existing or successor statute for the purpose of creating jobs and
encouraging development in the NAS South Weymouth Redevelopment Area.
(b) The NAS South Weymouth Redevelopment Area
and the towns of Abington, Rockland and Weymouth are hereby designated economic
target areas as defined in section 3D of chapter 23A of the General Laws.
Pursuant to such designation, certain development project within the NAS South
Weymouth Redevelopment Area and the entirety of the towns of Abington, Rockland
and Weymouth shall be eligible for tax deductions, credits and abatements and
other economic incentives as provided for in sections 3E to 3G of said chapter
23A. The corporation shall render such certifications as are required by law
for the project within the central redevelopment area, including the
designation of economic opportunity areas, and each town shall render such
certifications within its respective sector of the perimeter area and portions
of the towns not included in the NAS South Weymouth Redevelopment Area. The
designation of the NAS South Weymouth Redevelopment Area and the towns of
Abington, Rockland and Weymouth as economic target areas shall be in addition
to the economic target areas that may be established pursuant to paragraph 5 of
said section 3E of said chapter 23A.
Section 29. The
corporation shall be subject to all laws applicable to municipal redevelopment
authorities created under section 4 of chapter 121B of the General Laws.
Section 30. The
corporation or its agents may enter into project labor agreements covering
construction performed on and during redevelopment of the NAS South Weymouth
Redevelopment Area pursuant to paragraphs (t) and (ee) of section 6 of this
act.
Section 31. The
corporation shall keep an accurate account of its activities including its
receipts and expenditures. The corporation shall prepare annual reports of its
activities in the NAS South Weymouth Redevelopment Area during the preceding
fiscal year and submit such reports to the governor, secretary, general court,
advisory board, mayor of the town of Weymouth, the town manager of the town of
Abington, the town administrator of the town of Rockland, the town council of
the town of Weymouth, the boards of selectmen of the towns of Abington and
Rockland and the town clerk of each of those towns. Each report shall set forth
a complete operating and financial statement covering the corporation’s operations
in the NAS South Weymouth Redevelopment Area during the previous year. The
corporation shall cause an audit of its books and accounts relating to the NAS
South Weymouth Redevelopment Area to be made at least once in each fiscal year
by certified public accountants. The audit shall be filed with the state
auditor annually not later than 120 days after the end of the corporation’s
fiscal year and shall be in a form prescribed by the state auditor. The state
auditor shall audit the corporation's books and accounts at least once every 2
fiscal years. The state auditor may investigate the budget, finances,
transactions and relationships of the corporation at any time and shall may
examine the corporation's records and prescribe methods of accounting and the
rendering of periodic reports. The audits of the corporation shall be public
records; provided, however, that the mayor of the town of Weymouth, the town
manager of the town of Abington, or the town administrator of the town of
Rockland may each conduct annual audits at the expense of the respective towns.
Section 32. Chapter 40B of the General Laws shall not
apply to the provision of affordable housing within the NAS South Weymouth
Redevelopment Area. Such affordable
housing within the NAS South Weymouth Redevelopment Area shall be governed by
the Reuse Plan and zoning bylaws and the regulations adopted thereunder. None of the land located within the NAS South
Weymouth Redevelopment Area, nor any of the housing which may be constructed
thereon from time to time, shall be included in any calculation applicable to
said chapter 40B with respect to any of the towns. This section shall continue
in full force and effect following the dissolution of the corporation pursuant
to section 33
Section 33. (a) The
corporation shall be dissolved upon: (i) the bond termination date; and (ii)
the approval of the dissolution and administration agreement by the towns as
described in subsection (b); provided, however, that in no event shall the
corporation be dissolved prior to
Within 30 days after: (i) the bond
termination date; and (ii) such approval of the dissolution and administration
agreement, the board shall file a certificate acknowledging such dissolution
with the state secretary. The dissolution
of the corporation shall take effect upon the filing of such certificate,
subject to the applicable provisions of section 51 of chapter 155 of the
General Laws. In connection with the
application of said section 51 of said chapter 55, any real property owned by
the corporation at the time of dissolution shall be deemed to be distributed
automatically to and become the property of the town in which it is located,
consistent with the dissolution and administration agreement, and the personal
property of the corporation shall be equitably allocated to the towns according
to the terms of the dissolution and administration agreement; provided,
however, that the corporation shall not issue any bonds after the date that the
redevelopment of the NAS South Weymouth Redevelopment Area contemplated in the
Reuse Plan and zoning by-laws is completed.
(b) At least 24 months prior to the bond
termination date, the board shall prepare and distribute to the towns a
dissolution and administration agreement. The dissolution and administration
agreement shall provide, but shall not be limited to, the following: (i)
provisions for the disposition of all real and personal property within the NAS
South Weymouth Redevelopment Area which the corporation owns or has an interest
in on the bond termination date; (ii) provisions for the assumption of all
contractual obligations, including all lease agreements of the corporation,
which do not expire on the bond termination date; (iii) provisions for the
assessment, collection and distribution of tax and nontax revenues to the towns
in accordance with section 19; (iv) provisions for the reimbursement of
municipal services furnished by the towns to the NAS South Weymouth
Redevelopment Area which continue after the bond termination date; (v)
provisions for the transfer and assumption by the towns of the corporation's
zoning administration, licensing and permitting authorities; and (vi)
provisions for the resolution of any other matters relating to the corporation
which may affect the interests of the towns. Within 120 days after receipt of
the dissolution and administration agreement, the mayor of the town of Weymouth
shall convene a meeting of the town council of the town of Weymouth and the
boards of selectmen of the towns of Abington and Rockland shall convene a town
meeting of their respective towns for the purpose of adopting by majority vote
of the town council and each town meeting the dissolution and administration
agreement. Each town shall vote to adopt
or disapprove the agreement as submitted.
No amendments to the agreement shall be made by the towns. Each town
shall, within 30 days after adoption or rejection of the agreement at a town
council meeting or a town meeting, as the case may be, provide the corporation
with a written notification stating whether the town council or town meeting
adopted or rejected the agreement. Any
town that has rejected the agreement shall have 1 year from the date of such
disapproval to reconsider its decision and rescind its rejection and adopt the
dissolution and administration agreement.
Once a town adopts the agreement, it shall not thereafter vote to
disapprove or reject it. If all 3 towns have not adopted the agreement at least
1 year prior to the bond termination date, the corporation shall remain in
existence and carry out its functions consistent with this act. If the towns fail to adopt the agreement, the
general court may, at any time after the bond termination date, terminate the
corporation’s existence, provide for the distribution of the its assets and
determine other provisions as required for the dissolution and administration
agreement.
Section 34.
Notwithstanding any provision of this act to the contrary, the corporation may
enter into and perform its obligations under the Financing MOA and the
Financing Agreement referenced therein, including without limitation,
reimbursement to the commonwealth of any “deficiency payment,” as defined in
the Financing MOA, which obligation of the corporation shall constitute a
general obligation of the corporation for which the full faith and credit of
the corporation shall be pledged for the benefit of the commonwealth. The betterments, assessments, special
assessments, fees and other charges established by the corporation in
accordance with this act shall be fixed and adjusted so as to provide revenues
at least sufficient to pay, in addition to all other amounts set forth in
section 18, any amounts that the corporation may be obligated to pay or provide
for pursuant to the Financing MOA or the financing agreement referenced
therein. The corporation may collect the
data described in sections 3 and 4 of the Financing MOA for the purposes
described therein. The corporation may
also obtain a blanket performance bond or other security satisfactory to the
secretary for administration and finance and payable to the agency securing the
corporation’s obligation to complete the project in an amount at least equal to
the amount of bonds to be issued by the agency to finance the project.
Section 35. The
South Shore Tri-Town Development Corporation shall offer new bonds after
Section
36. Sections 23A to 23C,
inclusive, of chapter 39 of the General Laws shall apply to the corporation.
SECTION
38. Section 13 of chapter 196 of the acts of 2004
is hereby amended by adding the following paragraph:-
The commission shall
expire as of
SECTION
39. Section 2E of chapter 291 of the acts of 2004
is hereby amended by striking out item 6001-0405 and inserting in place thereof
the following item:-
6001-0405 For the purposes of chapter 161B of the General
Laws, including the purchase, long-term lease and rehabilitation of rolling
stock, 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; provided, that not less than $900,000 shall be made
available to the Cape Ann Regional Transit Authority for reimbursement for
expenses associated with the purchase, construction and rehabilitation of the
Cape Ann maintenance facility; provided further, that not less than $500,000
shall be expended to contract with the Massachusetts Alliance for Small
Contractors to provide technical assistance to minority and women-owned small
businesses as well as other small business concerns in participating in public
construction projects; provided further, that not less than $1,000,000 shall be
made available to create and support programs including, but not limited to,
programs for: (a) building the capacity of minority and women-owned business
enterprises to participate in public construction projects; (b) capturing data
on minority and women-owned businesses by industry; and (c) implementing
programs and measures to secure federal assistance to support such
programs……….......$25,000,000
SECTION
40. Sections 3 and 4 of chapter 86
of the acts of 2008 are hereby repealed.
SECTION
41. Section 32 of chapter 86 of
the acts of 2008 shall expire as of
SECTION
42. Notwithstanding any general or
special law to the contrary, the harbor lines corrected by sections 14 and 15
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
43. Notwithstanding any general or
special law to the contrary, the secretary of transportation and public works
shall conduct a study regarding the feasibility of establishing a renewable
fuels corridor on Cape Cod. The study shall evaluate potential locations for
consumers to purchase alternative fuels and biofuels and shall include 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 the house of representatives, the joint
committee on transportation and the senate and house committees on ways and means
not later than
SECTION
44. Notwithstanding any general or
special law to the contrary, the Massachusetts Development Finance Agency may,
upon the request of and with the prior written approval of the secretary of
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 costs of issuance of such bonds and other financing costs, of an
east-west parkway and other roadway improvements connecting between state
highway route 18 in the city know as 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, by and between the commonwealth,
acting by and through the executive office for administration and finance and
the executive office of transportation and public works and the South Shore
Tri-Town Development Corporation, and as it may hereafter be amended from time
to time, hereinafter referred to as the “Financing MOA”. Bonds issued under
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 administration and finance. No findings of the agency pursuant to chapter
23G or chapter 40D shall be required 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 43 shall be applied solely to the payment
of and security for bonds issued for the purposes described in this section,
any amounts owed under agreements entered into pursuant to the Financing MOA
and any ongoing administrative expenses of the agency 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 37.
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 shall be payable solely from
the funds specifically pledged for their payment.
SECTION
45. Notwithstanding any general or
special law to the contrary, the secretary of administration and finance,
acting on behalf of the commonwealth, shall enter into an agreement with the
Massachusetts Development Finance 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 42, any amounts owed by the commonwealth
pursuant to financing agreements entered into pursuant to the Financing MOA, as
described in said section 42, and any ongoing administrative expenses of the
agency 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 46 Notwithstanding
any general or special law to the contrary, the secretary of administration and
finance and the secretary of transportation and public works, acting on behalf
of the commonwealth, may execute and deliver the financing agreement referenced
in the Financing MOA, as defined in section 42, and such other agreements and
documents as the secretaries determine, to effectuate the issuance of the bonds
authorized by said section 36 and to carry out the parkway project as
contemplated in the Financing MOA.
SECTION
47. 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, $585,300,000. 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 a 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
48. 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 a 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
49. 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, $284,000,000. 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 a 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
50. 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 a
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
51. 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, $72,000,000. 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
52. 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 a
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
53. 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,
$33,366,500. 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 a 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
54. 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. Such agreements may relate to
such matters as an agency within such 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, the
agency within such executive office may advance monies to such other 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 the agency within such executive office
shall certify to the comptroller the amounts so advanced; provided further,
that such agreements shall contain provisions satisfactory to the agency within
such executive office for the accounting of such monies as expended by any
other 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 such executive office shall report to the house and senate committees on
ways and means on any transfers completed pursuant to this section.
SECTION
55. (a) Notwithstanding any
general or special law to the contrary, the department of highways shall expend
the sums authorized in sections 2A, 2B and 2G 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 Policies Act of 1970, 42 U.S.C. 4601 et seq., Pub. L. 97-646, 84
Stat. 1864 (1971), 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 said sections 2A, 2B and 2G, 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 in this section 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 described in this section.
(b) Funds authorized
in sections 2A, 2B and 2G 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, if 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.
(c) In addition to the
foregoing, the department of highways may: expend funds made available by this
act to acquire from a person by lease, purchase, eminent domain under chapter
79 of the General Laws or otherwise, land or rights in land for parking
facilities adjacent to a 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.
(d) In carrying out
this section, the department of highways 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 contracts or agreements with cities. 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
subsection.
SECTION
56. 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 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 Title 23 of the United States Code, the
Surface Transportation
Act of 1987, Pub. L. 100-17, the Intermodal Surface Transportation
Efficiency Act of 1991, Pub. L. 102-240, the Transportation Equity Act for the
21st Century, Pub. L. 105-178, the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users, Pub. L. 109-59, Implementing
Recommendations of the 9/11 Commission Act of 2007, Pub. Law 110-53 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 a federal law, administrative regulation
or practice requires an 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.
SECTION
57. Notwithstanding any general or special law to
the contrary, the Merrimack Valley Regional Transit Authority transportation
center, to be built at the Lower Millyard in the city know as the town of
Amesbury, shall be designated and known as the Senator Nicholas J. Costello
Transportation Center, in honor of Nicholas Costello, former state senator of
the Third Essex District and former mayor of Amesbury. The Merrimack Valley Regional Transit
Authority shall erect and maintain suitable markers bearing the designation in
compliance with applicable state and federal standards.
SECTION
58. Notwithstanding any general or special law to
the contrary, the executive office of transportation and public works shall
update the Lower North Shore Transportation Improvement Study by preparing and
including in the study the feasibility and costs associated with the following
items: the widening of state highway route 1A from Curtis street to Mahoney
circle; a grade separation at state highway route 1A and Boardman street; a
grade separation at Mahoney circle; a grade separation at Revere street; a
grade separation at Brown circle; a grade separation at Copeland circle; the
establishment of a state highway route 1A and state highway route 16
connection, the establishment of a state highway route 1A and Chelsea street
bridge connection; improvements to the interstate highway route 1 and state
highway route 16 interchange; improvements at Butler circle; as well as the
depression of tolls at the entrance to the Sumner tunnel and the exit of the
Callahan tunnel. The report shall be
submitted to the Joint Committee on Transportation not later than
SECTION
59. Notwithstanding any general or special law to
the contrary, the owner, licensee, permittee or holder of an easement, contract
or other right, in this section called the air space user, of or with respect
to any structure, including bridges, located above the established grade line
of the turnpike, the Ted Williams tunnel, the central artery north area and the
central artery, as those terms are defined in chapter 81A of the General Laws,
are hereby required to maintain, repair, restore, reconstruct, rehabilitate, or
improve air rights structures and airspace at such airspace user’s expense in
accordance with the requirements of the Massachusetts turnpike authority’s
policy directive entitled “Tunnel Inspection and Testing Protocol for Roadways
Covered by Air Rights Developments,” effective as of
Without limiting the
generality of its other powers, the authority may do all things necessary,
convenient or desirable to enforce this section, to maintain, repair, restore,
reconstruct, rehabilitate or improve air space structures and airs pace at the
air space user’s expense, to enter upon the property of an air space user to
exercise any of the foregoing powers and such entry shall not be deemed
trespass nor shall an entry for such purposes be deemed an entry for
condemnation proceedings which may be then pending, to impose a civil penalty
in an amount of up to $5,000 per day on an air space users for failure to
comply with this section, which penalty may be recovered only after notice and
hearing conducted by the authority or its designee and subject to judicial
review and enforcement pursuant to chapter 30A of the General Laws or such
other civil proceedings as may be authorized by state of federal law. The full amount of any civil penalty shall be
paid to the authority. Nothing in this
section shall abrogate any private right created by contract or otherwise.
SECTION
60. Notwithstanding any general or special law to
the contrary, all construction contracts funded in whole or in part by the
funds authorized by this act or by chapter 86 of the acts of 2008 shall include
a price adjustment clause for each of the following: fuel, both diesel and
gasoline, asphalt, concrete and steel. A
base price for each material shall be set by the awarding authority or agency
and included in the bid documents at the time a project is advertised. The
awarding authority or agency shall also identify in the bid documents the price
index to be used for each material or supply.
The adjustment clause shall provide for a contract adjustment to be made
on a monthly basis when the monthly cost change exceeds +/- 5 percent.
SECTION
61. Notwithstanding any general or special law to
the contrary, section 61 and sections 62A 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 bridge projects of the department of
highways and the Massachusetts Bay Transportation Authority for the repair,
reconstruction, replacement or demolition of existing state highway, authority
and municipally-owned bridges, including the immediate approaches necessary to
connect the bridges to the existing adjacent highway and 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 said section 61 and said sections 62A to 62I, inclusive, of said chapter
30 shall apply to the repair, reconstruction, replacement or demolition project
where such project requires a mandatory environmental impact report under the
applicable provisions of 301 CMR 11.00; provided further, that all such work
shall be subject to the requirements of the then current edition of the
department of highways’ Stormwater Handbook as approved by the department of
environmental protection in accordance with applicable law, that notice shall
be published in the Environmental Monitor of any application to the said
department of environmental protection for a water quality certification, and
that the work shall be subject to performance standards prescribed by the said
department of environmental protection pursuant to section 401 of the Federal
Clean Water Act if applicable to the project; provided further , that
notwithstanding the foregoing, said section 61 and said sections 62A to 62I,
inclusive, of said chapter 30, said chapter 91, and said section 40 of said
chapter 131 shall apply to any portions of the bridge and roadway approaches to
the crossing of the Charles river for the Central Artery/Tunnel Project. In the case of any state highway, authority
or municipal bridge crossing over a railroad right-of-way or railroad tracks,
the department or authority, as applicable, 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, but 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 to carry
out this section. If a flagman is needed
to carry out this section, the railroad company, railway
company or its assigns shall provide the flagman. For the purposes of this section,
"bridge" shall include any structure spanning and providing passage
over water, railroad right-of-way, public or private way, other vehicular
facility or other area. Any project
exempted from any provision of law pursuant to this section shall be subject to
the public consultation process required by the then current version of the
department of highways’ Project Development and Design Guidebook.
SECTION
62. For the purposes of this section the
following words shall have the following meanings:-
"Minority",
a person with permanent residence in the United States who is Black,
Portuguese, Western Hemisphere Hispanic, Asian, Native American or Cape
Verdean.
"Minority
business enterprise", an individual, business organization or nonprofit
corporation which is certified as a minority business enterprise as defined in
section 40 of chapter 23A of the General Laws by the state office of minority
and women business assistance established in section 41 of said chapter 23A.
"Women business
enterprise", an individual, business organization or nonprofit corporation
which is certified as a women business enterprise by the office; provided,
however, that based upon the history of discrimination against minority and
women business enterprises as determined by the results of the disparity study
conducted pursuant to subsection (s) of section 3 of chapter 33 of the acts of
1991 and any other disparity studies thereafter conducted by the executive
office of transportation and public works and its agencies, the executive
office of transportation and public works , the Massachusetts Bay
Transportation Authority, the department of highways and the Massachusetts
aeronautics commission shall promote equality in the market by encouraging the full participation of minority
and women owned businesses in all areas of state contracting, including
contracts for construction, design and goods and services. Each agency,
commission, authority and political subdivision shall implement a
narrowly-tailored affirmative market program as set forth in Executive Order
390 which shall include race and gender conscious contracting goals when
necessary to eliminate disparity between minority and women owned businesses
and other business entities in the relevant market. Each such agency, commission, authority and
political subdivision shall develop a comprehensive 5-year plan, to be updated
and approved by the secretary of administration and finance on an annual basis,
to encourage the participation of minority and women owned business enterprises
in all aspects of public contracting including, but not limited to, programs
for building the capacity of minority and women owned business enterprises,
programs for capturing information on Massachusetts businesses by industry and
programs for implementing measures required to secure federal aid.
The secretary of
transportation and public works and the executive officer of each such agency,
commission, authority or political subdivision shall monitor the implementation
of this section to ensure that the best efforts of each agency, commission,
authority and political subdivision are utilized in the implementation of this
section. Each such agency, commission and authority shall provide written
quarterly reports to its respective secretary and to the secretary of
administration and finance and each such political subdivision shall provide
written quarterly reports to the office granting or otherwise providing funds
authorized in this act and to the secretary of administration and finance. The
quarterly reports shall detail the total number of contracts entered into, the
dollar value of each contract, the number of contracts entered into with
minority and women owned business enterprises and the dollar value of each
contract entered into with said enterprises.
Notwithstanding any
general or special law to the contrary, each executive office, agency,
commission, authority or political subdivision may initiate state office of
minority and women business assistance certification of minority and women business
enterprises in a manner consistent with the rules and regulations promulgated
by said office. If an executive office,
agency, commission, authority or political subdivision makes a referral that a
business may be a minority or women owned business enterprise, such referral,
together with supporting documentation and a letter indicating the intent of
the executive office, agency, commission, authority or political subdivision to
contract with the business, shall be sent to said office, which shall approve
or disapprove said business within 25 business days. Upon the certification of a business as a
minority or women owned business enterprise by the office, such certification
shall be effective for all executive offices and agencies for the purposes of
this section.
SECTION
63. Notwithstanding any general or
special law to the contrary, the secretary of transportation and public works
in consultation with the secretary of administration and finance shall
establish a financing plan to end the current system of retroactive
reimbursement of the regional transit authorities established pursuant to
chapter 161B of the General Laws. The
financing plan may include and the secretary may use capital bond funds in
whole or in part to finance the transition of regional transit authorities to a
current funding system. The Secretary may use any other available funds in
addition to or in place of bond funds necessary to establish a current
financing system.
SECTION
64. The secretary of
administration and finance shall submit a report on the progress and all
expenditures related to the projects specified in this act and any other
projects funded through the authorizations in this act to the clerks of the
senate and house of representatives, the chairs of the senate and house
committees on ways and means and the senate and house chairs of the joint
committee on transportation. The report shall include, but not be limited to:
the total amount appropriated for each project, the total estimated cost of
each project, the amount expended for the planning and design of each project
up to the time the report is filed, the amount expended on construction of each
project up to the time the report is filed, the total amount currently expended
on each project, the estimated lifetime maintenance schedule and cost of each
project, the original estimated completion date of each project, the current
anticipated completion date of each project and, if the project has been
de-authorized, the reason for and date of de-authorization. The report shall be
submitted on June 30 and December 31 of each year for a period of 6 years after
the effective date of this act.
SECTION
65. The department of highways shall submit a
report to the clerks of the senate and house of representatives, the house and
senate committees on ways and means, the joint committee on bonding, capital
expenditures and state assets and the joint committee on transportation not
later than
SECTION
66. There shall be a special commission to study
and develop recommendations for the fiscal feasibility of reducing debt and
debt financing relative to the operation and maintenance of the Massachusetts
turnpike. The commission shall review
all options for the long-term financing of operations and maintenance of the
turnpike including, but not limited to, the leasing or concessioning of the
turnpike for a term not to exceed 50 years.
Membership of the commission shall consist of the secretary of
administration and finance or his designee, who shall also serve as chair; the
secretary of transportation and construction or designee; the chair of the
Massachusetts Turnpike Authority; the state comptroller or his designee; the
state auditor or his designee; the president of the senate or her designee; the
speaker of the house of representatives or his designee; the house minority
leader or his designee; the senate minority leader or his designee; the chairs
of the senate and house committees on ways and means or their designees; and
the senate and house chairs of the joint committee on transportation. The commission shall convene its first
meeting not later than
SECTION
67. The Massachusetts Turnpike Authority shall
issue quarterly reports to the secretary for administration and finance, the
house and senate committees on ways and means, the joint committee on
transportation and the joint committee on bonding, capital expenditures and
state assets detailing the financial transactions and revenues associated with
the sale, concession or lease of real property held in the name of or under the
control of the authority, whether by purchase or otherwise, and any
transactions relating to real property currently pending; provided further,
that the quarterly report shall include the current market values of the real
properties related to those transactions.
For the first
quarterly report submitted pursuant to this section for fiscal year 2009, the
authority shall include the current market value of all real property held in
the name of or subject to the control of the authority and the current market
value of any real property held in the name of or under the control of the
authority that were acquired, whether by purchase or otherwise, during fiscal
year 2008.
SECTION
68. Notwithstanding any general or special law to
the contrary, the Massachusetts Turnpike Authority and the Massachusetts Bay
Transportation Authority shall undertake and complete, subject to the owners’
consent and including providing the owners with assistance in securing any
required zoning approvals or other permits and authorizations, the relocation
of the outdoor advertising signs located within Bremen Street Park or the East
Boston Greenway in the East Boston section of the city of Boston to land owned
by the Massachusetts Turnpike Authority within the metropolitan highway system,
as defined in chapter 81A of the General Laws and/or to land owned by the
Massachusetts Bay Transportation Authority; provided, however, that no
relocation expenses shall be paid to the owners of the outdoor advertising
signs; and provided further, that the relocation shall be completed not later
than
SECTION
69. Not later than 6 months after the effective
date of this act, the secretary of transportation and public works shall submit
to the clerks of the senate and house of representatives, the chairs of the
joint committee on transportation and the chairs of the house and senate
committees on ways and means a detailed timeline and funding schedule for the
transfer of 80 per cent of all workers at the executive office of
transportation and public works and the department of highways whose salaries
and benefits are funded through the proceeds of bond sales to the operations
accounts of those agencies by 2013.
SECTION
70. Notwithstanding any general or special law or
rule or regulation to the contrary, the commissioner of highways shall undertake
a pilot project within a district or sub-district of the department, as
determined by the commissioner, for the purpose of measuring the effectiveness
of performance-based contracting for the maintenance of reflective pavement
markings and roadway signs of the department.
Not later than 30 days after the completion of the pilot project, the
department shall submit its findings to the house and senate chairs of the
joint committee on transportation
SECTION
71. 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 agriculture no later than
SECTION
72. Notwithstanding any general or
special law to the contrary, the executive office of transportation and public
works, the department of highways and the conservation and recreation shall
consult with the cities of Boston and Cambridge and other stakeholders
including, but not limited to, state elected officials representing Boston and
Cambridge, medical institutions in the Leverett Circle area, and residential
community organizations in Cambridge and in the West End, Beacon Hill, and Back
Bay neighborhoods of
Boston to develop and implement: (i) a coordinated schedule and comprehensive
phasing plan for implementation during the reconstruction of the Longfellow
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
SECTION
73. Notwithstanding any general or
special law, regulation or executive order to the contrary, no expenditure of
public funds for the purpose of designing or constructing all or part of the “Urban
Ring project,” so-called, shall be authorized unless the joint committee on
transportation, the house and senate committees on ways and means, the
representative to the General
Court and the senator
to the General Court within whose legislative district such project would occur
receives notice 90 days prior to said expenditure. Said notification shall
include, but not be limited to, a full accounting of all proposed construction,
demolition or alteration of any structures or roadways, alteration of any
natural features and any proposed takings of private property. Said department
shall respond to any requests from said committees or members of the General
Court within 10 days of receiving a request and shall provide any documents,
figures or plans requested unless the secretary determines in writing that
distribution of requested materials would constitute a threat to public safety.
Such determination shall be transmitted to the joint committee on
transportation, the house and senate committees on ways and means, the
representative to the General Court and the senator to the General Court within
whose legislative district such project would occur within 10 days of receipt
of a request.
SECTION
74. Notwithstanding any general or
special law to the contrary, Massachusetts Department of Highways (“the
department”) may hire outside consultants, that have been previously reviewed
to determine their capabilities to perform, for review and analysis of
applications for access or signal permits where the department determines it
appropriate to expedite such review, provided that the applicant for said
permit fully funds the cost of an appropriate consultant for the review and
analysis of the application.
The department must
choose consultants who meet the minimum qualifications of either an educational
degree in or related to the field at issue, or three (3) or more years of
practice in the field at issue or a related field. The fees for the outside
consultants shall be borne solely by the permit applicant. Such fees shall be
reasonable and reflect the actual cost for the services of the consultants.
The applicant paying
the fee is entitled to an administrative appeal to the Commissioner regarding
the selected consultant(s) or the fees. Any such appeal is limited by law to
claims that the selected consultant has a conflict of interest or does not
possess the minimum required qualifications. The required time limits for
action upon an application by the department shall be extended by the duration
of the administrative appeal. A decision upon said appeal shall be made by the
department within thirty (30) days of the filing of the appeal. Such an
administrative appeal shall not preclude further judicial review, if otherwise
permitted by law.
Notwithstanding any
general or special law to the contrary, the department shall deposit all fees
for outside consultants into a separate expendable trust fund which shall be
designated and known as the Commonwealth of Massachusetts Highway Access
Expendable Trust. The Highway Access Expendable Trust, including accrued
interest, if any, shall be expended at the direction of the department without
further appropriation; provided, however, that such funds are to be expended by
the department solely for the purpose of hiring outside consultants to assist
the department in its permit application reviews. The fees may not be used to
pay for the services of department employees. Any excess amount in the account
attributable to a specific project, including any accrued interest, shall be
repaid to the applicant or to the applicant’s successor in interest upon
satisfactory proof of the filing of the final action and decision of the
department. No expenditure shall cause the fund to be in deficit at the end of
the fiscal year. A final report of said account activities and interest shall
be made for each project and provided to the applicant or to the applicant’s
successor in interest on the applicant’s written request.
The department shall
revise such regulations as may be necessary to effectuate the purposes of this
section.
SECTION
75. (a) The secretary of the transportation and
public works, in consultation with the secretary of administration and finance,
shall direct the Massachusetts Turnpike Authority and the Massachusetts Port
Authority to determine the amount which may be available to the commonwealth in
federal capital credits in accordance with the toll credit for non-federal
share program under Section 1905 of the SAFTEA-LU Authorization Act.
The secretary of
transportation and public works shall further in accordance with 23 U.S.C.
120(j)(2) make the determination of maintenance of
effort required for the commonwealth to apply for toll credit from the Federal
Highway Administration. The secretary
shall follow the guidance issued by said administration’s toll credit for non
federal share Section 1905 of SAFTEA-LU Guidance memorandum issued
(b) No revenue derived
from this section shall be expended until such time as sufficient funds have
been made available by the Commonwealth to forward fund, so called, the
regional transit authorities, provided, however, that 25% of the revenue
derived from this section shall be provided for capital and other eligible
activities for regional transit authorities not including any costs associated
with forward funding. The portion of the
revenue to be provided for the activities of regional transit authorities shall
be deposited in the Regional Transit Authorities Forward Funding Trust Fund.
SECTION
76. Parcel 2102442005 in Suffolk
County shall be designated and known as Robert Q. Crane Park. The Department of Conservation and Recreation
shall erect and maintain a suitable marker bearing the designation in
compliance with the standards of the department.
SECTION 77. Section
37 shall be effective upon the passage of this act.