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WHEREAS, the toll of deaths, injuries and economic loss resulting from highway crashes is a matter of state concern, and a formal mechanism for the integration and coordination of existing traffic safety efforts is crucial;
WHEREAS, the establishment of a statewide highway safety program provides this needed mechanism, and promotes unified state and local efforts in the struggle to reduce highway deaths, injuries and economic loss;
WHEREAS, the Congress of the United States enacted the Highway Safety Act of 1966 (as amended), 23 U.S.C. § 402(b)(1)(A), which requires the Governor of each state to be responsible for the administration of the state highway safety program through a state highway safety agency;
WHEREAS, 23 U.S.C. § 402(b)(1)(A) further requires the designation of a separate, suitably equipped, and responsible state agency subject to the authority of the Governor to perform the administration, coordination, planning, research, program development, and related functions for the highway safety program;
WHEREAS, 23 U.S.C. § 402(b)(1)(B) requires that political subdivisions of the State be authorized to carry out local highway safety programs within their jurisdictions as a part of the state highway safety program subject to the approval of the Governor and in accordance with the minimum standards established by the U.S. Secretary of Transportation.
NOW THEREFORE, I, Deval L. Patrick, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution of Massachusetts, Part 2, c. 2, § I, Art. I, do hereby revoke Executive Orders Nos. 93 and 292 and order as follows:
Section 1. The Governor through the Executive Office of Public Safety and Security ("EOPSS") shall coordinate the highway safety activities of state and local agencies, other private and public agencies, interested organizations and individuals to effectuate the purposes of the federal Highway Safety Act of 1966 (as amended), and shall be the officer of the Commonwealth having the ultimate responsibility for dealing with the federal government with respect to the highway safety program.
Section 2. The Secretary of Public Safety and Security shall be the Governor's highway safety representative.
Section 3. There shall be within EOPSS a Highway Safety Division, which shall be the successor to the Governor's Highway Safety Bureau, as previously established in Executive Orders Nos. 93 and 292. The Highway Safety Division is hereby designated the state highway safety agency for the Commonwealth, pursuant to 23 U.S.C. § 402(b)(1)(A), and shall continue to be responsible for the coordination of the state highway safety program. The Highway Safety Division shall continue to be administered by a Director, who is accountable to the Secretary of Public Safety and Security. The Highway Safety Division shall continue to have a staff of adequate size and competence to accomplish required administration, coordination, program planning, and evaluation with federal, state, and local agencies.
Section 4. The political subdivisions of the Commonwealth, which are authorized by G.L. c. 40, § 7A to carry out safety programs within their jurisdictions, shall be permitted to participate in state highway safety programs that have been approved by the Governor through the Highway Safety Division and are in accordance with the Highway Safety Act of 1966 (as amended). Such approved programs will be eligible for reimbursement through federal funds apportioned to the Commonwealth for such programs.
Section 5. The Highway Safety Division shall advise the Secretary of Public Safety and Security on all phases of highway safety in the Commonwealth and shall:
- adhere to all federal rules, regulations and requirements in the administration of Highway Safety monies;
- define, develop, and implement a Highway Safety Plan each federal fiscal year, utilizing monies authorized by Congress;
- establish priorities for highway safety improvement in the Commonwealth;
- provide information to prospective grant recipients on the benefits of the program and procedures for participation;
- encourage state and local units of government to improve their highway safety planning and administrative efforts;
- evaluate the implementation and impact of state and local highway safety programs;
- monitor the progress and audit the expenditure of federal highway safety funds by state and local agencies;
- coordinate the state's highway safety plan with other federally and non-federally supported programs relating to or having an impact on highway safety;
- collect statistics and data relevant to highway safety in the Commonwealth as required by the National Highway Traffic Safety Administration and/or the Federal Highway Administration in order to identify problem areas for countermeasure development;
- assure that the required percentage of all federal funds apportioned under this program for any fiscal year are used by local governments or combinations of units of local governments;
- subject to the approval of the Secretary of Public Safety and Security, make final decisions of the Commonwealth and enter into contracts and agreements on behalf of the Commonwealth for federally funded highway safety projects,for which it is the lead agency;
- represent the Commonwealth in other matters coming under the purview of the Highway Safety Act; and
- provide assistance to other lead agencies, as requested, with the administration of federal funds apportioned under the Federal Highway Program and the Strategic Highway Safety Plan.
Section 6. This Executive Order shall remain in effect until amended, superseded, or revoked by subsequent Executive Order.
Given at the Executive Chamber in Boston this 1st day of December in the year of our Lord two thousand and eight, and of the Independence of the United States of America two hundred and thirty-two.
DEVAL L. PATRICK, GOVERNOR
Commonwealth of Massachusetts
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth