The Massachusetts Senate

ADOPTED
2nd REDRAFT CLERK 1

South Coast Rail Initiative Technical Amendment

            Mr. Montigny moves to amend the bill (S. 2790) in section 2A, line 465, by inserting after the words “South Coast Rail Initiative” the following words:- “provided further that notwithstanding the provisions of any general or special law to the contrary, said authority may expend funds authorized in this act, and additional funds 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 the site known as Cotley Junction; provided further that notwithstanding the foregoing provisions, funds shall not be expended on the South Coast Rail Initiative for bus projects, vehicle procurement or layover facilities."

ADOPTED
REDRAFT CLERK 2

Rumble Strips

Mr. Moore moves to amend the bill (Senate, No. 2790) by inserting the following new section:
            SECTION X.  The Massachusetts Highway Department shall submit a report to the house and senate clerks, 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 June 30, 2009 on the cost and feasibility of installing rumble strips on all state-owned highways in the commonwealth.  Said report shall included the cost and feasibility of installing rumble strips on all rural highway projects where shoulders are constructed, reconstructed, or overlaid.  The report shall include the evaluation of the placement of center line rumble strips at locations with a high head on crash accident rate and on which no reconstruction is scheduled in the near future.

ADOPTED
CLERK 3

Blackstone River Bikeway

Mr. Moore moves to amend Senate, No. 2790, in line item 6033-0817, by striking in line 311 the following:- “; provided further that $850,000 shall be expended for the planning and design of Segment 1 of the Blackstone Valley Bikeway;”   

ADOPTED
CLERK 4

Uxbridge Downtown Vision

Mr. Moore moves to amend the bill, Senate No. 2790, in line item 6033-0817, by striking in line 41 the amount “$6,500,000” and inserting therein the amount “$2 million”;
           
Mr. Moore moves to further amend said bill, in line item 6033-0817, by adding the following:- “; provided further that $3.7 million shall be expended for pedestrian, vehicular and rail access, and streetscape improvements in downtown Uxbridge;”

Mr. Moore moves to further amend said bill, in line item 6033-0817, by adding the following:- “; provided further that not less than $50,000 shall be reimbursed to the Town of Oxford for traffic light design at the intersection of Cudworth Road and Route 12;”

Rejected
CLERK 5

Green Line Corridor Study

            Ms. Jehlen moves that the bill, S2790, be amended in Section 2, in item 6033-0817, by inserting after the word “Willis Avenue in the city of Medford” the following:-“provided further that $200,000 shall be allotted to contract with the Metropolitan Area Planning Council to provide services to the cities of Medford, Somerville, Winchester and Arlington to develop a corridor plan along the planned Green Line Extension, covering issues such as land use, zoning, access to stations, and other issues which may be of concern to said cities or residents of neighboring municipalities.”; and in said item by striking out the figure “401,500,000” and inserting in place thereof the following figure:- “401,700,000”.

Rejected
CLERK 6

New Boston Bridge in Woburn

            Ms. Jehlen moves that the bill, S2790, be amended in Section 2, in item 6033-0817, by inserting after the words “coastal Essex County” the following:- “provided that not less than $4,500,000 shall be expended for the New Boston Street Bridge (Bridge Number W-43-5) in the city of Woburn” and in said item by striking out the figure “401,500,000” and inserting in place thereof the following figure:-  “406,000,000”.

Rejected
CLERK 7

Sound Barriers in Woburn

            Ms. Jehlen moves that the bill, S2790, be amended in Section 2, in item 6033-0817, by inserting after the words “city of Lawrence” the following:-  “provided that not less than $11,000,000 be expended for the design and construction of sound barriers along Routes 128 and 93 and the interchange between the two, as well as the area adjacent to the Winn Street exit ramps in the Town of Burlington and the City of Woburn” and in said item by striking out the figure “401,500,000” and inserting in place thereof the following figure:-  “412,500,000”

ADOPTED
CLERK 8

Francis R. Carroll Plaza

            Mr. Augustus and Ms. Chandler moved to amend the bill (Senate, No.2790) in section 2A, in item 6033-0817, by inserting, at the end thereof, the following: 
            provided further, that not less than $800,000 shall be expended for the construction of the Francis R. Carroll Intersection and Plaza in the city of Worcester;

ADOPTED
CLERK 9

Gateway Park Economic Development Zone

            Mr. Augustus and Ms. Chandler moved to amend the bill (Senate, No. 2790) in section 2A, in item 6033-0817, by adding, at the end thereof, the following: 
            ; provided further, that not less than $350,000 shall be expended for infrastructure and road work at the Gateway Park Economic Development Zone in the city of Worcester

CLERK 10

WITHDRAWN

ADOPTED
CLERK 11

Traffic Signals in Medford

            Ms. Jehlen moves that the bill, S2790, be amended in Section 2, in item 6033-0817, by inserting after the words“town of Avon” the following:- “provided that not less than  $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” and in said item by striking out the figure “401,500,000” and inserting in place thereof the following figure:- “402,300,000”

Rejected
CLERK 12

Noise Remediation IN GRAFTON

            Mr. Augustus moved to amend the bill (Senate, No. 2790) in section 2A, in item 6033-0817, by inserting, at the end thereof, the following: 
            ; provided further that not less than $500,000 shall be expended for the purpose of installing noise barriers along the Massachusetts Turnpike in the town of Grafton

Rejected
CLERK 13

Noise Remediation Along I-290

            Mr. Augustus moved to amend the bill (Senate, No.2790) in section 2A, in item 6033-0817, by inserting, at the end thereof, the following: 
            ; provided further, that not less than $250,000 shall be expended for the purpose of installing sound barriers along the southerly eastbound side of route 290 in the town of Shrewsbury;

ADOPTED
CLERK 14

Millbury Drainage Repairs

            Mr. Augustus moved to amend the bill (Senate, No. 2790) in section 2A, in item 6033-0817, by inserting, at the end thereof, the following: 
            ; provided further that not less than $50,000 shall be expended to the Town of Millbury for storm water runoff drainage repairs and improvements

ADOPTED
CLERK 15

Rail Trail

Senator Resor moves to amend Senate bill 2790 by inserting at the end thereof the following three sections:
            SECTION 1.  Chapter 21E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting the words “or the executive office of transportation and public works” after the word “Authority” wherever it appears in the definition of "Economically distressed area'” and in clauses (a)(10), (d)(1) and (d)(3)(F) of the definition of “’Owner’ or ‘Operator’” in Section 2.
            SECTION 2.  Section 3I of chapter 23A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking 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 such 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 3.  Said section 3I of said chapter 23A, as so appearing, is hereby further amended by inserting at the beginning of subsection (c) the following sentence:-
            The provisions of 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 either’s successor agency for purposes of the design, installation, construction, operation, maintenance or use of a rail-trail, defined in section 2 of chapter 21E.

ADOPTED
CLERK 16

Route 85

            Senator Resor moves to amend Senate bill 2790 in section 2A by inserting in line item 6033-0817 the following: “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;

Rejected
CLERK 17

Bridge Repair in Winchester

            Ms. Jehlen moves that the bill, S2790, be amended in Section 2, in item 6033-0817, by inserting after the words“North Avenue and Hastings” the following:- “provided further that $500,000 shall be expended for the repair and rehabilitation of the bridge across the Aberjona River on Mount Vernon Street in the Town of Winchester” and in said item by striking out the figure “401,500,000” and inserting in place thereof the following figure:- “402,000,000”.

ADOPTED
CLERK 18

SPECIAL COMMISSION TO STUDY THE
CONCESSIONING OF THE MASSACHUSETTS TURNPIKE

            Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move that the bill (Senate No. 2790) be amended by adding the following new section:-
            “Section 60.  There is hereby established a special commission to study and develop recommendations for the fiscal feasibility to reduce debt and debt financing relative to operations and maintenance of the Massachusetts turnpike.  Said 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 said commission shall consist of the secretary for administration and finance or designee, who shall also serve as chair, the secretary of transportation or designee, the chairman of the Massachusetts turnpike authority, the comptroller or designee, the auditor or designee, the senate president or designee, the speaker of the house of representatives or designee, the house minority leader or designee, the senate minority leader or designee, the chairs of the house and senate committees on ways and means or designees, the and the chairs of the joint committee on transportation.  The commission shall convene its first meeting by August 15, 2008, and file a report, with any legislative or regulatory recommendations, with the clerks of the senate and the house of representatives and the joint committee on transportation on or before December 15, 2008.”

ADOPTED
2nd REDRAFT CLERK 19

Meadowbrook Rd. in Chelmsford

Ms. Fargo moves to amend the bill (Senate, No. 2790), in Section 2A, in item 6033-0817, by inserting the following wording:-

“provided further, that $469,000 shall be expended for replacement of infrastructure and culverts located on Meadowbrook Road in the town of Chelmsford;”.

Rejected
CLERK 20

Amostown Road

            Mr. Buoniconti moves that the bill (Senate, No. 2790) be amended in line item 6033-0817 by inserting at the end thereof the following:-
            “;provided further, that not less than $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;”

Rejected
CLERK 21

Nashawtuc Bridge in Concord

            Ms. Fargo moves to amend the bill (Senate, No. 2790), in Section 2A, in item 6033-0817, by inserting the following wording:-
            “provided further, that $770,000 shall be expended for repairs and improvements to the Nashawtuc Bridge in the town of Concord;”.

Rejected
CLERK 22

Waltham Parking Study

            Ms. Fargo moves to amend the bill (Senate, No. 2790), in Section 2A, in item 6033-0817, by inserting the following wording:-
            “provided further, that $50,000 shall be expended for a comprehensive study of downtown Waltham parking conditions, requirements and recommendations;”.

ADOPTED
CLERK 23

Trapelo Rd & Forest St. Intersection

            Ms. Fargo moves to amend the bill (Senate, No. 2790), in Section 2A, in item 6033-0817, by inserting the following wording:-
            “provided further, that $1,500,000 shall be expended for the design and roadway reconstruction, traffic signal and related improvements to the intersection of Trapelo Road and Forest Street in the city of Waltham;”.

ADOPTED
CLERK 24

Intersection of Wellesley St. and Rt. 30.

            Ms. Fargo moves to amend the bill (Senate, No. 2790), in Section 2A, in item 6033-0817, by inserting the following wording:-
            “provided further, that $1,300,000 shall be expended for the reconfiguration project at the intersection of Wellesley Street and Route 30 in Weston;”.

ADOPTED
CLERK 25

Cloverleaf Study in Swansea

            Ms. Menard moves to amend the bill (S. 2790) in section 2A, in item 6033-0817, by adding the following:  “provided further, that not less than $500,000 shall be expended for a design study of a full cloverleaf at exit 3 off of Interstate 195 at Route 118 in the town of Swansea.”

ADOPTED
CLERK 26

Installation of a traffic signal or roundabout in Freetown

            Ms. Menard moves to amend the bill (S.2790) in section 2A, in item 6033-0817, by inserting the following:  “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.”

ADOPTED
CLERK 27

MASSPIKE PROPERTY VALUATION REPORT

            Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moves that the bill (Senate No. 2790) be by adding at the end thereof the following:-
            “Section 60.   The Massachusetts Turnpike Authority shall issue quarterly reports to the secretary for administration and finance, 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 said quarterly report shall include the current market values of the real properties related to said 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 pursuant to this chapter, 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.”

ADOPTED
CLERK 28

Resurfacing and Related Work on State Highway Route 6 in Westport.

            Ms. Menard moves to amend the bill (S. 2790) in section 2A, in item 6033-0817, by adding the following:  “provided further, that $7,000,000 shall be expended for resurfacing and related work on State Highway route 6 in the town of Westport.”

Rejected
CLERK 29

Wedgemere Footbridge in Winchester

            Ms Jehlen moves that the bill, S2790, be amended in Section 2, in item 6001-0804 by inserting after the words “Town of Wareham” the following:- “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” and in said item by striking out the figure “115,000,000” and inserting in place thereof the following figure:- “115,250,000”.

ADOPTED
CLERK 30

Feeding Hills Center

            Mr. Buoniconti moves that the bill (Senate, No. 2790) be amended in line item 6033-0817 by inserting at the end thereof the following words:-
            “; and provided further that not less than $500,000 shall be expended for roadway and signalization improvements at the intersection of Route 187 and Route 57 and Springfield Street in Agawam;”

Rejected
CLERK 31

Keystone Arches Bridges

            Mr. Downing moves that S.2790 be amended, in Section 2A, in line item 6033-0817 by inserting the following: “provided further, that not less than $600,000 be made available for the rehabilitation of the Keystone Arches Bridges in the towns of Middlefield, Becket, and Washington”

ADOPTED
CLERK 32

Town of Lee Downtown Development

            Mr. Downing moves that S.2790 be amended, in Section 2A, in line item 6033-0817 by inserting the following: “provided further, that $1,000,000 shall be expended for the Main Street economic development project in the town of Lee”

Rejected
CLERK 33

Town of Monterey Salt Shed

            Mr. Downing moves that S.2790 be amended, in Section 2A, in line item 6033-0817 by inserting the following: “provided further, that $300,000 be expended for replacing the salt shed in the town of Monterey”

ADOPTED
REDRAFT CLERK 34

Pittsfield Municipal Airport runway

Mr. Downing moves that S.2790 be amended, in Section 2A, line item 6006-0801 by inserting after “General Laws” the following: “provided further, that $2,500,000 shall be expended for the runway expansion at Pittsfield Municipal Airport”

ADOPTED
CLERK 35

ROYALSTON ROUTE 32

            Mr. Brewer moves to amend the bill (Senate, No. 2790), in Section 2, in item 6033-0817, by inserting at the end thereof the following:- “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”

Rejected
CLERK 36

Route 116 in the Town of Savoy

            Mr. Downing moves that S.2790 be amended, in Section 2A, in line item 6033-0817 by inserting the following: “provided further, that not less than $9,000,000 shall be expended for the resurfacing of route 116 in the town of Savoy”

Rejected
CLERK 37

Town of Williamsburg intersection at Route 9

            Mr. Downing moves that S.2790 be amended, in Section 2A, in line item 6033-0817 by inserting the following: “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”

ADOPTED
CLERK 38

INTERSECTION OF ROUTES 12 AND 202

            Mr. Brewer moves to amend the bill (Senate, No. 2790), in Section 2, in item 6033-0817, by inserting at the end thereof the following:- “provided further, that not less than $2,500,000 shall be expended for the redesign and construction of the Rt. 12/202 interchange in Winchendon at Blair Square”

Rejected
CLERK 39

McNearney Road in the Town of Becket repairs
           
            Mr. Downing moves that S.2790 be amended, in Section 2A, in line item 6033-0817 by inserting the following: “provided further, that not less than $800,000 shall be extended for emergency repairs to McNearney Road in the town of Becket”

ADOPTED
CLERK 40

NEWTON WELLESLEY (WABAN) NOISE BARRIER:

            Ms. Creem and Mr. Brown move to amend the bill (S. 2790) in Section 2A, in item  6033-0817, by adding the following:
            “Provided further, that not less than $1,000,000 shall be expended for the construction of a Waban Noise Barrier on the east side of I-95 in Newton between Washington Street (Route 16) and the Charles River and in Wellesley between Charles River and Rosemary Brook;”

Rejected
CLERK 41

WELLESLEY, ROCKLAND ST. BRIDGE:

            Ms. Creem and Mr. Brown move to amend the bill (S. 2790) in Section 2A, in item  6033-0817, by adding the following:
            “provided further, that $2,000,000 shall be expended for the Rockland Street Bridge in Wellesley;” 

ADOPTED
CLERK 42

NEWTON (AUBURNDALE) SOUND BARRIER:

            Ms. Creem moves to amend the bill (S. 2790) in Section 2A, in item 6033-0817, by adding the following:
            “provided further, that not less than $1,000,000 shall be expended for the construction of an Auburndale Noise Barrier located in West Newton and under the jurisdiction of the Mass Turnpike Authority;”

ADOPTED
CLERK 43

Adams Village intersection correction

            Mr. Hart moved that the bill, Senate No. 2790, be amended, in Section 2A, in item 6033-0817, by striking the words “Gallivan boulevard and Adams street” and inserting in place thereof the following: -
“Gallivan boulevard, Granite avenue, and Adams street”

ADOPTED
CLERK 44

Columbia Road

            Mr. Hart moved that the bill, Senate No. 2790, be amended, in Section 2A, in item 6033-0817, by inserting after the word “Lincoln” the following: -
            “provided that not less than $100,000 shall be expended to facilitate transportation needs on Columbia Road in the South Boston section of the city of Boston”

ADOPTED
CLERK 45

Open Space Preservation

            Mr. Petruccelli moves to amend Senate 2790 by inserting after section 59 the following new section:-
           
            “SECTION 60.  Notwithstanding anything in the general or special laws to the contrary, the Massachusetts turnpike authority is authorized and directed to 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 the so-called Bremen Street Park or the East Boston Greenway in the East Boston section of the city of Boston to land owned by the authority within the metropolitan highway system, as that term is defined in chapter 81A of the general laws, provided that no relocation expenses shall be paid to the owners of said outdoor advertising signs, and provided further that said relocation shall be complete in its entirety no later than December 31, 2009.”

ADOPTED
REDRAFT CLERK 46

MassPort Haul Road

Mr. Hart moved that the bill, Senate No. 2790, be amended, in Section 2G, by inserting after the item 6000-0500 the following: -

6000-XXXX  For the design and construction of a haul road from the Massachusetts Port Authority’s Conley Terminal in the city of Boston. ……..................……………………………….$8,000,000
and

Mr. Hart moved that the bill, Senate No. 2790, be further amended, in Section 45, by striking out the figure “$25,366,500” and inserting in place thereof the following: -

$33,366,500

Rejected
CLERK 47

Wellington Circle Traffic Study

            Ms. Jehlen moves that the bill, S2790, be amended in Section 2, in item 6033-0817, by inserting after the words “town of Braintree” the following:- “provided further that $5,000,000.00 shall be expended to conduct a traffic study at Wellington Circle” and in said item by striking out the figure “401,500,000” and inserting in place thereof the following figure:- “406,500,000”.

Rejected
CLERK 48

An Act Relative to Alternative Refueling Stations

Mr. Tarr moves to amend the bill (S. 2790) by inserting after Section 2G the following new section:-

“EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Division of Energy Resources

7006-1003 For the planning, design and construction of alternative fuel refueling stations on the site of land owned or controlled by the commonwealth or a regional transit authority with a minimum useful life of 5 years, and for financial assistance to cities and towns, school districts and regional transit authorities for the acquisition of alternative fuel vehicles and hybrids with a minimum useful life of 3 years; provided, that the commonwealth or a regional transit authority may enter into agreements or contracts with providers and distributors of alternative fuels necessary to carry out the purposes of this act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000,000.”

Rejected
CLERK 49

An Act Relative to the Parker River Culvert in the Town of Boxford

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $144,000 shall be expended for the reimbursement to the Town of Boxford for the repair of the Parker River culvert on Route 133 in the town of Boxford”.

CLERK 50

Route 97 in the Town of Boxford

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $300,000 shall be expended for the resurfacing of Route 97 in the town of Boxford”.

Rejected
CLERK 51

Sidewalks in the Town of Essex

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $75,000 shall be expended for the construction of sidewalks on Story Street to facilitate safe passage to and from the Essex Elementary School in the town of Essex”.

Rejected
CLERK 52

East Main Street in the City of Gloucester

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $300,000 shall be expended for the design and road reconstruction of a portion of Route 127 known as East Main Street in the city of Gloucester”.

Rejected
CLERK 53

Eastern Avenue in the City of Gloucester

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $1,500,000 shall be expended for the design and road reconstruction of a portion of Route 127 known as Eastern Avenue in the city of Gloucester”.

Rejected
CLERK 54

Parking in the City of Gloucester

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $4,000,000 shall be expended for the planning, design and construction of enhanced parking facilities in the city of Gloucester”.

Rejected
CLERK 55

Washington Street in the City of Gloucester

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $1,750,000 shall be expended for the design and road reconstruction of a portion of Route 127 known as Washington Street in the city of Gloucester”.

Rejected
CLERK 56

Mill Road Bridge in the Town of Hamilton

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that funds shall be expended for the restoration of the Mill Road Bridge in the town of Hamilton”.

Rejected
CLERK 57

Commuter Rail Station in the Town of Rockport

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “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”.

ADOPTED
2nd REDRAFT CLERK 58

Commuter Rail Station in the Town of Rockport (2)

Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6001-0804, by adding at the end the following words:- “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”.

Rejected
CLERK 59

Bridge Replacement in the Town of Rowley

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $170,693 shall be expended for reimbursements to the town of Rowley for the replacement of bridges damaged by flooding in 2006”.

Rejected
CLERK 60

Traffic Signalization in the Town of Rowley

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $150,000 shall be expended for the installation of a traffic signal at the intersection of Route 1, Central Street, and Glen Street in the town of Rowley”.

Rejected
CLERK 61

Sidewalks in the Town of West Newbury

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that funds shall be expended for the construction of sidewalks on Route 113 to facilitate safe passage to and from the Page Elementary School and the Pentucket Regional High School and Middle School complex in the town of West Newbury”.

ADOPTED
REDRAFT CLERK 62

At-Grade Separation in Ashland

Ms. Spilka moves that Senate Bill 2790 be amended, in Section 2A, in item 6033-0817, by inserting in line 53 after the word “Cambridge;” the following wording:- “; provided further, that not less than $1,000,000 shall be expended for the planning and design for  grade separation at the train crossing in downtown Ashland;”.

ADOPTED
REDRAFT CLERK 63

At-Grade Separation in Framingham

Ms. Spilka moves that Senate Bill 2790 be amended, in Section 2A, in item 6033-0817, by inserting in line 50 after the words “route 28;” the following wording:- “; provided further, that not less than $2,000,000 shall be expended for the planning and design for  grade separation at the 126/135 interchange in Framingham;”.

Rejected
CLERK 64

Parking Garage in Framingham

   Ms. Spilka moves to amend Senate Bill 2790 in Section 2A, in item 6033-0817, by inserting at the end thereof the following wording:- “; provided further, that not less than $4,500,000 shall be expended for the construction of a parking garage in downtown Framingham.”.

Rejected
CLERK 65

Bruce Freeman Rail Trail

            Ms. Spilka moves that Senate Bill 2790 be amended, in Section 2A, in item 6033-0817, by inserting in line 275 after the words “extension project” the following wording:- “; provided further, that not less than $975,000 shall be expended for the acquisition of property in Framingham from CSX to complete the regional Bruce Freeman Rail Trail;”.

Rejected
CLERK 66

ADA Compliance in Downtown Framingham

            Ms. Spilka moves that Senate Bill 2790 be amended, in Section 2A, in item 6033-0817, by inserting at the end thereof the following wording:- “; provided further, that not less than $1,000,000 shall be expended for pedestrian and streetscape improvements including those needed to achieve ADA compliance in the downtown Framingham area.”.

Rejected
CLERK 67

Toll Discount Program

Ms. Spilka moves to amend Senate Bill 2790 by adding at the end thereof the following new section:-
“Notwithstanding any general or special law to the contrary the Massachusetts Turnpike Authority is hereby authorized and directed to provide a fifty-percent toll discount program for account holders who participate in the authority's electronic toll collection system.  Said program shall provide that any increase in the toll charged for travel on the Massachusetts Turnpike or the Metropolitan Highway System which is implemented at any time after January 1, 2002 shall be reduced by 50 percent for participants in the program.  The authority shall appropriate the funds necessary to provide said discount on a permanent basis.”.

Rejected
CLERK 68

Route 97 Reconstruction in the Town of Boxford

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $500,000 shall be expended for the reconstruction and repaving of Route 97 in the town of Boxford”.

Rejected
CLERK 69

Planning for Investments in Transportation Infrastructure

Ms Spilka moves to amend Senate Bill 2790 by adding at the end thereof the following new section:-
“SECTION __.  Section 16G of chapter 6A of the General Laws is amended by adding at the end thereof the following new paragraph:

In addition to the other powers and duties set forth in this chapter, the secretary shall be consulted on any highway project proposed to be undertaken by any agency, department, board, commission, or authority of the Commonwealth the construction of which is estimated to cost greater than ten million dollars in the manner more specifically set forth in this section.  Prior to the placement of any such project on the Commonwealth’s statewide transportation plan, or prior to the rescheduling of any such project on the statewide transportation plan, the secretary shall consult with the sponsor of such project, the office of transportation planning, the applicable metropolitan planning organization and other interested parties, and shall issue a statement on the economic benefits of each such project.  Such statement shall include, at a minimum, a finding as to whether the project is consistent with the needs for commercial and industrial or residential growth in the Commonwealth and a comment as to whether the project is likely to improve the economic vitality of the Commonwealth.  All such statements, findings, and comments shall be considered by the office of transportation planning and metropolitan planning organizations in recommendations pertaining to the statewide transportation improvement plans.” 

Rejected
CLERK 70

Design of Improvements on Route 109 in Medway

            Ms. Spilka moves that Senate Bill 2790 be amended, in Section 2A, in item in item 6033-0817, by adding at the end thereof the following:- “;provided further that not less than $300,000 shall be expended for the design of improvements to Route 109 between the intersections of Route 109 and Holliston Street and Route 109 and Pond Street in the town of Medway.”.

ADOPTED
CLERK 71

Improvements on Route 9 at Route 27 and at Oak Street

            Ms. Spilka and Mr. Brown move that Senate Bill 2790 be amended, in Section 2A, in item in item 6033-0817, by adding at the end thereof the following:- “; provided further that not less than $1,500,000 shall be expended for improvements to the intersections of route 9 and route 27 and route 9 and Oak Street in the town of Natick.”.

Rejected
CLERK 72

Parking Garage in Downtown Natick

            Ms. Spilka and Mr. Brown move that Senate Bill 2790 be amended, in Section 2A, in item in item 6033-0817, by adding at the end thereof the following:- “; provided further that not less than $7,000,000 shall be expended for construction of a parking garage in downtown Natick.”.

Rejected
CLERK 73

Peer Review Consultants

Ms. Spilka moves to amend Senate Bill 2790 by adding at the end thereof the following new section:-
“SECTION. __.    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.”

ADOPTED
REDRAFT CLERK 74

East-West Bike Path - Barnstable

Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:-

“; provided further, that not less than $2,539,000 shall be expended for design and construction of an east-west bike trail and associated overpass from Willow Street to Route 132 in the town of Barnstable;”

ADOPTED
REDRAFT CLERK 75

Hyannis-South Street Intersection

Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:-

“; provided further, that not less than $2,100,000 shall be expended for roadway and intersection improvements in downtown Hyannis, Main Street and South Street”

Rejected
CLERK 76

West Main Street in the Town of Georgetown

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $300,000 shall be expended for the design of West Main Street in the town of Georgetown”.

Rejected
CLERK 77

Holyoke Bridge

            Mr. Knapik moved that the bill be amended in item 6033-0817, by adding the following:-  “provided further, that $2,500,000 shall be expended for the replacement of the Lyman Street First Level Canal Bridge in Holyoke”.

Rejected
CLERK 78

Southampton

           Mr. Knapik moved that the bill be amended in item 6033-0817, by adding the following:- “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”.

Rejected
RERAFT CLERK 79

Easthampton

Mr. Knapik moved that the bill be amended in item 6033-0817, by adding the following:

“Provided further, that $225,000 shall be expended for the design and construction of streetscapes and improvements to Route 10 in the city of Easthampton.”

Rejected
CLERK 80

North-South Bike Trail - Barnstable

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:-  “; provided further, that not less than $3,236,000 shall be expended on design and construction of a north-south bike trail extension and bridges in the town of Barnstable;”.

ADOPTED
CLERK 81

Vineyard Roundabout – Oak Bluffs

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $650,000 shall be expended on the construction of a roundabout at the intersection of Barnes Road and Edgartown-Vineyard Haven Road in the town of Oak Bluffs”.

Rejected
CLERK 82

Rt. 28 Barnstable to Parker River - Yarmouth

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $6,500,000 shall be expended for Roadway improvements to Route 28 from the Barnstable Town Line to the Parker River in the town of Yarmouth”.

Rejected
CLERK 83

Upper County Road Bridge - Dennis

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $2,300,000 shall be expended for a footprint bridge replacement on Upper County Road in the town of Dennis;”.

Rejected
CLERK 84

Rail Safety Improvements - Barnstable

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:-  “; provided further, that not less than $500,000 shall be expended rail safety improvements and construction of crossing gates in the town of Barnstable;”

Rejected
Clerk 85

Culvert Repair in the Town of Georgetown

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $535,000 shall be expended for culvert repairs at Parish Road, West Street and Penn Brook in the town of Georgetown”.

Rejected
CLERK 86

Rt 28 Intersection – Orleans

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $1,250,000 shall be expended for a  feasibility study, design, and construction of safety improvements at the intersection of Route 6A and Route 28 in the town of Orleans;”.

Rejected
CLERK 87

Bridge Street Bridge - Chatham

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $1,900,000 shall be expended on design and replacement of the Bridge Street Bridge over Mitchell River in the town of Chatham.”.

Rejected
CLERK 88

Transportation Center - Orleans

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6001-0803, by inserting at the end thereof the following:- “; provided further, that not less than $2,000,000 shall be expended for a transportation center in the town of Orleans;”.

Rejected
Clerk 89

Culvert Replacement in the Town of Hamilton

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $750,000 shall be expended for the replacement of the Bridge Street Culvert located in the town of Hamilton”.

Rejected
Clerk 90

Swan River Rd - Dennis

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $1,300,000 shall be expended for reconstruction of Swan River Road in the town of Dennis”.

Rejected
CLERK 91

Shore Rd - Truro

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $105,000 shall be expended for resurfacing of Shore Road between Standish Way and Arrowhead Road in the town of Truro”.

ADOPTED
CLERK 92

Temple Street in Somerville

            Ms. Jehlen moves that the bill, S2790, be amended in Section 2, in item 6033-0817, by inserting after the words “Town of Provincetown” the following:-  “provided further that not less than $600,000 shall be expended for repair and maintenance of Temple Street in the City of Somerville” and in said item by striking out the figure “401,500,000” and inserting in place thereof the following figure:- “402,100,000”.

Rejected
CLERK 93

Old County Rd - Truro

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $1,120,000 shall be expended for resurfacing of Old County Road in the town of Truro”.

Rejected
CLERK 94

South Highland Rd - Truro

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $280,000 shall be expended for resurfacing of South Highland Road in the town of Truro”.

Rejected
CLERK 95

Rt. 124 - Harwich           

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $1,262,000 shall be expended on resurfacing and related work on Route 124 in the town of Harwich”.

Rejected
CLERK 96

Race Point Rd - Provincetown

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $100,000 shall be expended on design and construction of a sidewalk along Race Point Road and Conwell Street in the town of Provincetown.”.

Rejected
CLERK 97

Edgartown-Vineyard Haven Rd - Edgartown

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $460,000 shall be expended for multi-user path safety improvements in the Edgartown section of Edgartown-Vineyard Haven Road in the town of Edgartown”.

Rejected
CLERK 98

County Rd. Bike Path – Oak Bluffs

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $480,000 shall be expended for multi-user path safety improvements on the County Road Bike path in the town of Oak Bluffs”.

Rejected
CLERK 99

Cisco Rd - Nantucket

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $2,500,000 shall be expended for design and construction of a 3.5 mile bike path along Cisco Road in the town of Nantucket.”.

Rejected
CLERK 100

Scott Road Bridge

            Mr. Antonioni moves to amend the bill (S2790) in section 2A, in item 6033-0817 by adding the following:  “provided further, that not less than $150,000 be expended for the repair of the Scott Road Bridge in the City of Fitchburg”.

Rejected
CLERK 101

Rt. 137 - Harwich

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $3,750,000 shall be expended for reconstruction of Route 137 from Queen Anne Road to the Brewster town line in the town of Harwich;”.

ADOPTED
CLERK 102

Route 93S sound barrier

            Mr. Hart moved that the bill, Senate No. 2790, be amended, in Section 2A, in item 6033-0817, by inserting after the word “Lincoln” the following: - “; provided further, that $1,000,000 shall be expended for the design and construction of a sound barrier wall along Route 93S in the Dorchester section in the city of Boston”.

Rejected
CLERK 103

City of Gardner Parking Deck

            Mr.  Antonioni  moves to amend the bill (S2790) in section 2A, in item 6033-0817 by adding the following: “provided further, that not less than $2.25 million be expended for the construction of a parking deck in the City of Gardner.”.

ADOPTED
CLERK 104

Kosciuszko Circle

            Mr. Hart moved that the bill, Senate No. 2790, be amended, in Section 2A, in item 6033-0817, by inserting after the word “Lincoln” the following: - “; provided further, that $700,000 shall be expended for design and construction at Kosciuszko Circle in the Dorchester section in the city of Boston”.

ADOPTED
REDRAFT CLERK 105

Gallivan Boulevard repairs

Mr. Hart moved that the bill, Senate No. 2790, be amended, in Section 2A, in item 6033-0817, by inserting after the word “Lincoln” the following: -
“; provided further, that $200,000 shall be expended for repairs on Gallivan Boulevard in the Dorchester section in the city of Boston”

Rejected
CLERK 106

Wilkes Square - Nantucket

            Mr. O’Leary moved to amend the bill (Senate Bill 2790) in section 2A, in item 6033-0817, by inserting at the end thereof the following:- “; provided further, that not less than $1,000,000 shall be expended on sidewalk, crosswalk, and road repairs in Wilkes Square in the town of Nantucket”.

ADOPTED
CLERK 107

Route 119 Reconstruction

            Mr. Antonioni moves to amend the bill (S2790) in section 2A, in item 6033-0817 by adding the following:  “provided further, that not less than $150,000 shall be expended for design costs for the Route 119 reconstruction project in the Town of Townsend”.

Rejected
CLERK 108

Regional Project at I-93 and the Alford Street Bridge

            Mr. Galluccio moves that the bill (Senate, No. 2790), be amended by inserting in section 2A, in line 359, the following:- “provided further that $900,000 be expended to study the feasibility of constructing a commercial truck bypass road beginning at a point in and around the Alford Street Bridge and the Sullivan Square traffic rotary in the Charlestown neighborhood of Boston and ending at the entrance to Interstate 93, including but not limited to studying the safety, design and engineering, and cost of constructing and maintaining the commercial truck bypass road”.

Rejected
Clerk 109

 Traffic Signalization in the Town of North Andover

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $400,000 shall be expended for the design and construction of traffic signals on Route 114 at Hillside Road in the town of North Andover”.

ADOPTED
CLERK 110

Route 13 Traffic Study

            Mr. Antonioni moves to amend the bill (S2790) in section 2A, in item 6033-0817 by adding the following:  “provided further, that not less than $100,000 shall be expended for a traffic study of Route 13 at Route 2 in the City of Leominster.”

Rejected
Clerk 111

Grand Junction Path

            Mr. Galluccio moves that the bill (Senate, No. 2790), be amended by inserting in section 2A, in line 359, the following:- “provided further that $200,000 shall be expended to study the feasibility of the Commonwealth acquiring the rights of way along the Grand Junction Path, a rail link connecting the South Shore to the North Shore and running through parts of Cambridge and Somerville, and the design and use of the path”.

Rejected
CLERK 112

Widening of Route 114 in the Town of North Andover

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $6,500,000 shall be expended for the widening of Route 114 in the town of North Andover”.

ADOPTED
CLERK 113

TRANSPORTATION SALARIES AS CAPITAL EXPENDITURES

            Messrs. Tisei, Tarr, Knapik, Hedlund and Brown move to amend the bill (Senate No. 2790) by inserting at the end thereof the following section: -
            “Section 60.  The secretary of transportation and public works, within six-months of the passage of this act, shall submit to the clerks of the house of representatives and the senate, 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 eighty percent of all workers at the executive office of transportation and public works and the department of highways, whose salaries and benefits are currently funded through the proceeds of bond sales, to the operations accounts of such agencies no later than 2013.”

ADOPTED [RC "C": 37 to 0]
CLERK 114

TOLL CREDITS

            Mr. Rosenberg moves that the bill, S2790, be further amended by adding after section ___, the following new section:-
            SECTION XXX.   “The Secretary of the Executive Office of 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 so called SAFTEA-LU Authorization Act.
            The Secretary of the Executive Office of Transportation and Public Works shall further in accordance with Section 23 USC subsection 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 the federal highway administration, toll credit for non federal share Section 1905 of SAFTEA-LU Guidance memorandum issued February 8, 2007.
            The Secretary shall further determine if the commonwealth has any un obligated balance of federal funds for any and all transportation agencies which are included in the commonwealth’s federal funds obligation including but not limited to highway, transit or intelligent transportation program funds.  If any such un obligated funds are available, the Secretary shall take all steps necessary to maximize available federal credits by implementing the federal toll credit provision of Section 1905 of so called federal SAFTEA-LU Authorization Act, provided, however, that no less that 25% of the funds collected from this program shall be dedicated to capital and other appropriate expenditures for the Commonwealth’s Regional Transit Authorities.”

ADOPTED
REDRAFT CLERK 115

PILOT PROJECT

            Mr. Rosenberg moves that the bill, S2790, be further amended by adding after section ___, the following new section:-
            SECTION XXX.   “Notwithstanding any general or special law, regulation or rule to the contrary, the commissioner of the department of highways is hereby authorized and directed to undertake a pilot project, so-called, within a district or sub-district of said department, as may be 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 said department.  Within thirty days of the completion of the pilot project, the department shall submit its findings to the house and senate chairmen of the joint committee on transportation.”

ADOPTED
CLERK 116

ERVING ROUTE 2

            Mr. Rosenberg moved that the bill be amended, in S2790, in Section 2A, in item 6033-0817 by adding at the end thereof the following:- “provided further, that $2,000,000 shall be expended for the reconstruction of route 2 in Erving center”.

ADOPTED
CLERK 117

GREENFIELD TRAFFIC LIGHTS

            Mr. Rosenberg moved that the bill be amended, in S2790, in Section 2A, in item 6033-0817 by adding at the end thereof the following:- “provided further, that $1,200,000 shall be expended for upgrades to the lights at the route 2 rotary.”

ADOPTED
CLERK 118

SOUTH HADLEY ROUTE 202 LIGHTS

            Mr. Rosenberg moved that the bill be amended, in S2790, in Section 2A, in item 6033-0817 by adding at the end thereof the following:- “provided further, that $1,100,000 shall be expended for the installation of lights at the route 202 rotary in South Hadley.”

Rejected
CLERK 119

Improvements to Sanitary Facilities

            Ms. Menard moves that the bill (S. 2790) be amended in section 2A, in line item 6033-0817, by inserting the following: “provided further that not less than $1,000,000 shall be expended on the expansion, repair and improvement of sanitary facilities that utilizes zero pollution discharge technologies including recycling greywater systems.”

ADOPTED
REDRAFT CLERK 120

ACCESS ROAD

Ms. Chandler and Mr. Augustus move to amend the bill (Senate, No. 2790) in section 2A, in item 6033-0817, by adding the following:- “provided further $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.”

Rejected
CLERK 121

NORTHBOROUGH SOUND BARRIER

            Ms. Chandler moves to amend the bill (Senate, No. 2790) in Section 2A, item 6033-0817 by adding the following:-  “provided further than not less than $450,000 be provided for the purpose of installing sound barriers along Route 290 in the Maynard Street section of the Town of Northborough”.

Rejected
CLERK 122

WEST BOYLSTON STREET BRIDGE

            Ms. Chandler moves to amend the bill (Senate, No. 2790) in section 2A, in item 6033-0817, by adding the following:- “provided further, that not less than $1,000,000 shall be expended to repair the West Boylston Street Bridge on Route 12 in the City of Worcester.”

Rejected
CLERK 123

Route 125 in the Town of North Andover

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $1,200,000 shall be expended for the repaving of Route 125 in the town of North Andover”.

ADOPTED
CLERK 124

Road Water Repairs in Millis

            Mr. Brown moves to amend the bill (S. 2790) in Section 2A, in item 6033-0817, by adding the following:- “provided further, that $12,000 shall be expended for storm water management in Millis”.

Rejected
CLERK 125

Greendale Avenue Improvements

            Mr. Brown moves to amend the bill (S. 2790) in section 2A, in item 6033-0817, by adding the following:- provided further, that not less than $1,500,000 shall be expended for the design and construction of a sound barrier along the southbound side of I-95 (Route 128) along Greendale Avenue in Needham.”.

ADOPTED
CLERK 126

Creek Street Improvements

            Mr. Brown moves to amend the bill (S. 2790) in Section 2A, in item 6033-0817, by adding the following:- “provided further, that not less than $150,000 shall be expended for the reconstruction of Creek Street in Wrentham”.

Rejected
CLERK 127

Flood Mitigation in North Andover

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $600,000 shall be expended for a flood mitigation project on Route 62 in the town of Wilmington to be administered by the town of North Reading in conjunction with the town of Wilmington”.

Rejected
CLERK 128

Parker River Bridge

            Mr. Tarr moves to amend the bill (S. 2790), in Section 2A, in item 6033-0817, by adding at the end the following words:- “and provided further, that not less than $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”.

Rejected
CLERK 129

Application of Paint Finish for the Braga Bridge in Fall River

            Ms. Menard moves that the bill (S. 2790) be amended in section 2A, in line item 6033-0817, by adding the following: “provided further that not less than $8,000,000 shall be expended on the application of paint finish for the Braga Bridge in the city of Fall River”.

Rejected
CLERK 130

Replacement of the Elm Street Bridge in Freetown

            Ms. Menard  moves that the bill (S. 2790) be amended in section 2A, in line item 6033-0817, by adding the following: “provided further, that $2,000,000 shall be expended for the replacement of the Elm Street Bridge in the town of Freetown”.

ADOPTED
CLERK 131

SCHOOL ZONE SIGNAGE

            Mr. Joyce moves to amend the bill, S. 2790, in Section 2A, line-item 6033-0817, by inserting at the end thereof the following: - “; provided further, that not less than $25,000 shall be expended for the design and  construction of school zone signage on Brook Road in the town of Milton”.

Rejected
CLERK 132

RT. 28 CROSSWALKS

            Mr. Joyce moves to amend the bill, S. 2790, in Section 2A, line-item 6033-0817, by inserting at the end thereof the following: - “; provided further, that not less than $20,000 shall be expended for the design and  construction of crosswalks on Route 28 in the town of Milton”.

Rejected
CLERK 133

WASHINGTON STREET IN BRAINTREE

            Messrs. Joyce and Morrissey move to amend the bill, S. 2790, in Section 2A, line-item 6033-0817, by inserting at the end thereof the following: - “; provided further, that not less than $250,000 shall be expended for infrastructure improvements on Washington Street in the town of Braintree”.

Rejected
CLERK 134

STOUGHTON TRAIN STATION

            Mr. Joyce moves to amend the bill, S. 2790, in Section 2A, line-item 6033-0817, by inserting at the end thereof the following: - “; provided further, that not less than $1,000,000 shall be expended for improvements to the Stoughton Train Station”.

Rejected
CLERK 135

SOUND BARRIER

            Messrs. Joyce and Morrissey move to amend the bill, S. 2790, in Section 2A, line-item 6033-0817, by inserting at the end thereof the following: - “; provided further, that not less than $1,000,000 shall be expended for the design and construction of a sound barrier wall along Independence Avenue in the town of Braintree”.

Rejected
CLERK 136

SIGNALIZATION OF RT. 28 IN RANDOLPH

            Mr. Joyce moves to amend the bill, S. 2790, in Section 2A, line-item 6033-0817, by inserting at the end thereof the following: - “; provided further, that not less than $1,200,000 shall be expended for signalization and associated roadway and pedestrian improvements to Route 28 from Pleasant Street to Depot Street in the town of Randolph”.

ADOPTED
Clerk 137

Annually Updated Wage Rates

            Messrs. Tolman and McGee moved that the bill (Senate, No. 2790) be amended by adding at the end thereof the following new section:-
            “SECTION XX. Section 27 of Chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the words ‘and shall request the commissioner to determine the rate of wages to be paid on each job.’ the following:- ‘One year after awarding the contract, and each year thereafter during the life of the contract, said public official or public body, shall submit to the commissioner a list of the jobs upon which mechanics and apprentices, teamsters, chauffeurs and laborers are to be employed, and shall request the commissioner to 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.’ And further, by inserting after the words ‘shall cause a legible copy of said schedule’ the following:- ‘and subsequent updates,’”.

ADOPTED
REDRAFT CLERK 138

Watertown Bike Path

Mr. Tolman moved that the bill (Senate, No. 2790) be amended in section 2A, in item 6033-0817, by striking the words “provided further, that $1,200,000 shall be expended for the construction of the Watertown bike path from School street to Grove street;” and inserting in place thereof the following “provided further, that $1,200,000 shall be expended for the phase 2 construction of the Watertown bike path;”

Rejected
REDRAFT CLERK 139

Spy Pond in Arlington             

Mr. Tolman moved to amend the bill (S. 2790) in Section 2A, in item 6033-0817, by inserting after the words “Water Front Square Project at Revere Beach;” the following:-
“provided further, that not less than $300,000 shall be expended for the removal of the sand bar from Spy Pond in Arlington;”

ADOPTED
REDRAFT CLERK 140

Greywater System Improvement and Repair

Mr. Tolman moved that the bill (S. 2790) be amended in Section 2A, in item 6033-0817, by inserting after the words “Water Front Square Project at Revere Beach” the following:-  “provided further, that not less than $1,000,000 shall be expended on the expansion, repair and improvement of sanitary facilities that utilizes zero pollution discharge technologies including recycling greywater systems;”

Rejected
CLERK 141

BRAINTREE HIGHLANDS RTE 37

            Messrs. Morrissey and Joyce moved that the bill, Senate 2790, be amended, in Section 2A, in item 6033-0817, by inserting after the words, “Quincy avenue in town of Braintree;” in line 306, the following:- provided further, that $1,000,000 shall be expended for the design and reconstruction of Route 37 in the Highlands section of the town of Braintree;.

Rejected
REDRAFT CLERK 142

Guardrails in Billerica

Mr. Tolman moved to amend the bill (Senate, No. 2790) by inserting in Section 2A, in item 6033-0817, after the words “Water Front Square Project at Revere Beach;” the following:-  “provided further, that not less than $520,000 be expended on the installation of high tension cable barrier guardrails on certain sections of Route 3 in Billerica;”

Rejected
CLERK 143

ELECTRONIC MONITORING OF BRIDGES AND TUNNELS

            Mr. Morrissey moved that the bill, Senate 2790, be amended, in Section 2A, in item 6033-0817, by inserting after the words “Concord, Alewife area, of the city of Cambridge;”, in line 53, the following:- provided further, that $5,000,000 shall be expended for a pilot program for MassHighway to study the effectiveness of the structural health monitoring of bridges and tunnels through electronic means;.

ADOPTED
REDRAFT CLERK 144

Billerica Center Traffic Flow

Mr. Tolman moved that the bill (Senate, No. 2790) be amended in Section 2A, in item 6033-0817, by inserting after the words “Water Front Square Project at Revere Beach” the following:- “provided further, that $250,000 shall be expended for the Billerica Center to improve traffic flow;”

Rejected
CLERK 145

GROVE STREET SIDEWALK

            Messrs. Morrissey and Joyce moved that the bill, Senate 2790, be amended, in Section 2A, in item 6033-0817, by inserting after the words, “Quincy avenue in town of Braintree;” in line 306, the following:- provided further, that $300,000 shall be expended for the design and construction of sidewalks in the town of Braintree on Grove Street, from Plain Street to Liberty Street;.

ADOPTED
REDRAFT Clerk 146

Downing Square in Arlington

Mr. Tolman moved that the bill (Senate, No. 2790) be amended in Section 2A, in item 6033-0817, by inserting after the words “Water Front Square Project at Revere Beach;” the following:- “provided further, that not less than $300,000 for improvements to Downing Square area in Arlington;”

Rejected
CLERK 147

QUINCY CENTER TRAFFIC STUDY

Mr. Morrissey moved that the bill, Senate 2790, be amended, in Section 2A, in item 6033-0817, by inserting after the words, “in the city of Quincy;” in line 309, the following:- provided further, that $250,000 shall be expended for a study of traffic patterns in and around Quincy Center in the city of Quincy;

Rejected
CLERK 148

ANDOVER BRIDGES

Ms. Tucker moves that the bill be amended in section 2A, in item 6033-0817, by inserting after the words “Bernie avenue” the following:- "provided further, that $600,000 shall be expended for the repair and rehabilitation of town owned bridges in the town of Andover;"

ADOPTED
CLERK 149

AMENDING AND REINSTATING THE ESTABLISHMENT
OF TRI-TOWN DEVELOPMENT CORPORATION

Messrs. Morrissey and Hedlund moved that the bill, Senate Bill 2790, be amended by inserting after Section 36 the following new section:-
 
SECTION 36A. Chapter 301 of the acts of 1998 is hereby amended by striking out sections 1 though 31, and inserting in place thereof the following 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, Rockland and 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 three 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 March 23, 1998, March 16, 1998 and March 4, 1998, respectively, and approved by the commonwealth and the United States Department of Defense. The passage of this act shall constitute said approval of the commonwealth and shall constitute approval for amendments to the Reuse Plan as they may be approved by the town meetings of the towns of Abington and Rockland and the town council of the town of Weymouth. The Reuse Plan is intended to significantly stimulate economic activity and jobs on the base property while protecting the environment and enhancing the quality of life in the region. Said redevelopment is designed to minimize and mitigate negative off-base impacts on the area such as those on water resources, air quality, traffic and noise, limiting the impacts to those necessary to achieve community reuse goals and objectives. Said redevelopment shall be integrated with the United States government's cleanup of hazardous materials on the base to ensure effective, expeditious and efficient environmental remediation and protection of public health and welfare in accordance with federal and state law and regulation.
 
SECTION 3. There is hereby created a body politic and corporate, to be known as South Shore Tri-Town Development Corporation, to carry out the provisions of this act. Said corporation is hereby deemed to be a public instrumentality, and the exercise by said 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 section 1 of chapter 29C of the General Laws. The corporation shall be included within the definition of a “governmental entity” for purposes of owning public infrastructure improvements pursuant to chapter 293 chapter 70B of the acts of 2006. Additionally, the corporation shall be treated as 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.

The primary purpose of said corporation is to secure the redevelopment of NAS South Weymouth to the greatest benefit of the towns of Abington, Rockland and Weymouth. Accordingly, said corporation shall be guided in its financing activities with the goal of maximizing the fiscal benefit to said towns stemming from the redevelopment from a long term perspective. In addition, it shall be the goal of said corporation, during its existence, to pursue the redevelopment in a manner that imposes no costs on said 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. Finally, said 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 31.

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 chapter 23G of the Massachusetts General Laws, successor-in-interest to the Government Land Bank under chapter 289 of the acts of 1998.

(b) "Bank" or "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 8.

(d) “Bond termination date”, the latest date on which all amounts outstanding under bonds or notes issued by the corporation pursuant to the act or by the Agency pursuant to section    of chapter     of the acts of 2008, 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 December 31, 2053.

(e) "Central redevelopment area", the central portion of the NAS South Weymouth Redevelopment Area as specifically 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 the department of revenue.

(g) “Commonwealth”, the Commonwealth of Massachusetts.

(h) "Corporation", the corporation established by section 3.

(i) “Dissolution and Administration Agreement”, the dissolution and administration agreement authorized pursuant to section 31.

(j) “Financing MOA”, the Memorandum of Agreement on Financing for the South Shore Tri-Town Development Corporation’s Parkway dated as of January 31, 2008, by and between the commonwealth, acting by and through its Executive Office for Administration and Finance and its Executive Office of Transportation and Public Works, and the corporation, as amended from time to time.

(k) “Infrastructure” or “infrastructure improvements”, all infrastructure included in the Project.

(l) "Naval air station planning committee" or "committee", established by governor's Executive Order No. 378, dated September 20, 1995, for the purpose of preparing a Reuse Plan for the redevelopment of NAS South Weymouth, the committee comprised of 33 representatives including the commonwealth, Norfolk and Plymouth counties, the towns of Abington, Rockland, Hingham and Weymouth and other entities, including elected officials of the general court representing the communities that host NAS South Weymouth.

(m) "NAS South Weymouth", the Naval Air Station South Weymouth, a former military base of that name which was disestablished in accordance with the recommendation of the 1995 Base Realignment and Closure Commission, pursuant to 10 USC, section 2687, as amended.

(n) "NAS South Weymouth Region", the municipalities within the commonwealth described as follows: (a) the towns as defined in this act, (b) all municipalities contiguous to the towns, and (c) all municipalities with the exception of the city of Boston contiguous to the municipalities in subsection (b).

(o) "NAS South Weymouth Redevelopment Area", the lands, including all easements, reservations and rights appurtenant thereto, and all buildings, structures, utilities and improvements located thereon comprising all 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 NAS South Weymouth Redevelopment Area shall be comprised of the Central redevelopment area and the Perimeter area.

(p) "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.

(q) "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, to be owned by the corporation, the towns, the commonwealth or any 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.

(r) "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 September 20, 1995, and approved by the towns pursuant to section 13, and as the same may be amended from time to time. The purpose of the Reuse Plan and zoning by-laws is to establish redevelopment objectives, policies and standards to guide public and private decision-making and investment and to ensure the maintenance of quality of life and the protection of natural resources.

(s) "Secretary", the secretary of the executive office for administration and finance.

(t) “Taxation Plan”, the plan established under section 14.

(u) "Town", any one of the towns of Abington, Rockland or Weymouth, within the corporate boundaries in which NAS South Weymouth is located.

(v) "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 said NAS South Weymouth Redevelopment Area, including the precise boundaries of the land of the former NAS South Weymouth which is to 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. Said 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 the provisions of chapter 44, section 31 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 the provisions of sections 38 and 39A of chapter 40 of the General Laws and determine and collect, and/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 does not materially adversely affect the supply of water available to any of the towns; 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, and/or authorize the collection on its behalf of, assessments and other charges related to laying out, constructing and maintaining such systems, all as provided in this act and pursuant to chapter 83 of the General Laws;

(f) 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 any town, any other municipality or any other governmental or quasi-governmental agency or any 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;

(g) make and execute agreements with one 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;

(h) 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;

(i) appoint, prescribe the qualifications and fix the compensati