SENATE, No. 2085

SECTION 1. Chapter 10 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 35BB the following two sections:-

Section 35CC. Regional Transit Authority Service Fund

Section 35CC. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Regional Transit Authority Service Fund for the purpose of supplementing existing amounts available to the regional transit authorities, established under chapter 161 and chapter 161B, to restore and expand the service needs in the cities and towns constituting the authorities, subject to the approval of the secretary of transportation. There shall be credited to said fund amounts transferred by the state treasurer as provided in section 63 of chapter 10 and any other amounts transferred or appropriated to said fund and any interest earned thereon.

Section 35DD. Regional Transit Authority Mobility Service Enhancement and Training Fund

Section 35DD. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Regional Transit Authority Mobility Service Enhancement and Training Fund for the purpose of enhancing public transit for the mobility impaired within the cities and towns constituting the authorities and for training of persons employed by the authorities on service needs of the mobility impaired. Amounts shall be made available from said fund to develop and implement projects and programs, subject to the approval of the secretary of transportation, which shall include, but not be limited to, the following:

(1) quality sensitivity training for fixed-route drivers, demand-response drivers and customer service personnel of the authorities;

(2) driver training relative to the use of specialized equipment to provide mobility access to buses and other passenger vehicles of the authorities;

(3) customer service training for administrative personnel of the authorities using mobility tools;

(4) the development of travel training and mobility manager programs;

(5) the feasibility of providing escorts to assist the mobility impaired and elders with their transportation needs;

(6) the development of training resources for the transportation service providers contracting with the authorities;

(7) the procurement of capital equipment and technologies for mobility enhancement;

(8) the enhancement of paratransit service parameters; and

(9) the coordination of paratransit services throughout the cities and towns constituting the authorities.

There shall be credited to said fund amounts transferred by the state treasurer as provided in section 63 of chapter 10 and any other amounts transferred or appropriated to said fund and any interest earned thereon.

SECTION 2. Section 63 of said chapter 10, as so appearing, is hereby amended by striking out the first paragraph, in lines 1 to 11 inclusive, and inserting in place thereof the following:-

            There shall be established and set up on the books of the commonwealth a separate fund to be known as the Central Artery and Statewide Road and Bridge Infrastructure Fund for the purposes of meeting (i) the estimated additional costs associated with the Central Artery/Ted Williams Tunnel Project; and (ii) for the period covering July 1, 2006 through June 30, 2011, an amount equal to 50 percent of excess registry fees not required for the purpose of clause (i) shall be for the costs associated with the statewide road and bridge program and the remaining 50 percent of said excess registry fees shall be transferred in an amount not to exceed $90 million in the aggregate to the Regional Transit Authority Service Fund and in an amount not to exceed $15 million in the aggregate to the Regional Transit Authority Mobility Service Enhancement and Training Fund.

SECTION 3. Said section 63 of said chapter 10, as so appearing, is hereby further amended by striking the fifth paragraph, in lines 60 to 69 inclusive, and inserting in place thereof the following:-

The state treasurer shall, with the approval of the executive office for administration and finance, transfer excess registry fees to the Regional Transit Authority Service Fund and to the Regional Transit Authority Mobility Service Enhancement and Training Fund on or before June 30 of each fiscal for the period July 1, 2006 to June 30, 2011; provided however, the treasurer shall not transfer excess registry fees to the Regional Transit Authority Service Fund if the balance of said fund exceeds $90 million and the state treasurer shall not transfer excess registry fees to the Regional Transit Authority Mobility Service Enhancement and Training Fund if the balance of said fund exceeds $15 million. The state treasurer shall report excess registry fees identified and the actual balance transferred to the house and senate committees on ways and means, the joint committee on transportation, the executive office for administration and finance and the executive office of transportation by August 15 of each year

SECTION 4. Said section 63 of said chapter 10, as so appearing, is hereby further amended by striking out, in line 73, the words “June 30, 2009” and inserting in place thereof the following:- June 30, 2011.

SECTION 5. Section 5 of chapter 161B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding at the end of the first paragraph, at line 24, the following:-

Notwithstanding the provisions of this section, each city and town shall have one equal vote for the appointment of the administrator established pursuant to section 4. In addition, the secretary of transportation or his designee shall serve as a non-voting member of the advisory board.

In addition, each city or town on a rotating basis shall appoint a resident of said city or town to serve as a non-voting member of the advisory board who shall be mobility impaired or have a mobility impaired family member or be a caretaker of a mobility impaired person, or be employed by an organization that serves the needs of the mobility impaired. Said member shall serve a term of one year. The schedule of rotation shall be determined by a vote of the advisory board.

SECTION 6. Said section 5 of said chapter 161B, as so appearing, is hereby further amended by inserting after the word “delegation”, in line 29, the following words:- ; provided however, the advisory board shall not delegate its power of appointment of the administrator established pursuant to section 4.

SECTION 7. Section 8 of said chapter 161B, as so appearing, is hereby amended by striking subsection (h), in lines 60 to 65 inclusive, and inserting in place thereof the following:-

(h)        All current expenses of the authority shall be in accordance with an annual budget prepared by the administrator and submitted to the advisory board and to the secretary of transportation for his review no later than April first of each year for the ensuing fiscal year. On or before June first the advisory board shall approve said budget as submitted or subject it to such itemized reductions therein as the advisory board shall deem appropriate. The annual budget may be amended by the authority with approval of a supplemental budget by the advisory board; provided, that the authority shall submit to the secretary for his approval any supplemental budget approved by the advisory board which shall cause to be increased the amount of contract assistance to be paid to the authority pursuant to section 23.

SECTION 8. Chapter 291 of the acts of 2004 is hereby amended by inserting after section 2K the following new section:-

SECTION 2L.

6001-0606. For the purpose of retiring revenue anticipation notes and any interest associated thereof for the purpose of currently financing the regional transit authorities established pursuant to chapters 161 and 161B. Each authority shall submit to the executive office of transportation and the executive office for administration and finance a certified statement identifying the total amount of notes and interest issued by the regional transit authority which are attributable to contract assistance and any notes and interest that may be outstanding which are attributable to contract assistance which are payable in fiscal year 2006 or fiscal year 2007. Amounts allocated to the authorities from this item shall be expended in accordance with policies, rules and regulations established by the executive office of transportation………..$75,000,000

SECTION 9. Said chapter 291 of the acts of 2004 is hereby amended by inserting after section 14 the following new section:-

SECTION 14½. To meet the expenditures necessary in carrying out section 2L, the state treasurer shall, upon the 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 the sum of $75,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Regional Transportation Authority Current Financing Act of 2006, and shall be issued for such maximum term of years, not exceeding 5 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2016. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Notwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 10. Section 102 of said chapter 291 of the acts of 2004 is hereby repealed.