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HOUSE DOCKET, NO. 2833 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3275
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Antonio F. D. Cabral
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to fund public transit expansion.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/19/2023Christopher Hendricks11th Bristol1/26/2023Carol A. Doherty3rd Bristol1/30/2023Paul A. Schmid, III8th Bristol2/1/2023Vanna Howard17th Middlesex2/1/2023 1 of 28
HOUSE DOCKET, NO. 2833 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3275
By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 3275) of
Antonio F. D. Cabral and others for legislation to fund public transit expansion including the
establishment of certain fees. Transportation.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to fund public transit expansion.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by: —
3 (a) inserting after section 7Z the following section: -
4 “Section 7Z1/2. Station Reporting Requirement. The registrar shall maintain a database
5containing the mileage of every motor vehicle registered pursuant to this chapter. Every facility
6licensed to conduct vehicle inspections pursuant to this chapter, shall, as part of said inspection,
7record the make, model, owner’s name, license plate number, and mileage of each vehicle
8inspected and shall report said information to the registrar and the commissioner. Said reports
9shall be made electronically and said facilities shall have electronic access to the database
10pursuant to procedures established by the registrar.”; and
11 (b) inserting after section 34R the following sections: - 2 of 28
12 Section 34S. Vehicle Classification. For purposes of sections 34T and 34U only, the
13registrar shall issue rules and regulations to classify all vehicles required to be registered by this
14chapter into the following categories: zero emission vehicle, motorcycle, automobile, hybrid
15automobile, light truck, heavy truck, hybrid truck, sports utility vehicle, hybrid sports utility
16vehicle, van, luxury vehicle, motor home, trailer, other emission producing vehicle and rental
17vehicle, which shall include all vehicles intended as of the date of registration to be used as a
18rental vehicle. Said categories shall be known collectively as registration classes. When any such
19vehicle is first registered pursuant to this chapter, the registrar shall identify said vehicle as a
20member of one such registration class.”;
21 Section 34T. Green Fee. The registrar or his authorized agents shall collect the following
22fees, to be called green fees, each time a vehicle is registered or the vehicle registration is
23renewed for any reason, in the following amounts:
24 (1) For every automobile, hybrid truck and hybrid sports utility vehicle the fee shall be
25$30 for a new or transfer registration and 2 year renewals, $15 for vehicles renewing annually.
26 (2) For every zero emission vehicle, hybrid automobile and motorcycle the fee shall be
27$15 for a new or transfer registration and for 2 year renewals, $7.50 for vehicles renewing
28annually.
29 (3) For every light truck, van, luxury vehicle and sports utility vehicle the fee shall be $40
30for a new or transfer registration and for 2 year renewals, $20 for vehicles renewing annually.
31 (4) For every heavy truck, motor home and bus the fee shall be $85 for a new or transfer
32registration and for 2 year renewals, $42.50 for vehicles renewing annually. 3 of 28
33 (5) For every other emission producing vehicle the fee shall be $60 for a new or transfer
34registration and for 2 year renewals, $30 for vehicles renewing annually.
35 (6) Any vehicle owned by any subdivision of the commonwealth and used solely for
36official business and any vehicle identified in subsections 29, 30 and 33 of section 33 of chapter
3790 shall be exempt from the green fee.”;
38 Section 34U. Emissions Fee. At the time of each inspection required by section 7V, the
39inspector shall collect and remit to the registrar the following fee, to be called an emissions fee.
40Said fee shall equal $0.001 per mile for each mile driven by the vehicle since the vehicle’s last
41inspection, calculated using the mileage reports recorded in the database maintained by the
42registrar pursuant to section 7Z1/1, or, if the vehicle has not yet had 2 required inspections, equal
43to the vehicle’s mileage at the inspection.”;
44 Section 34V. Car Rental Fee. There shall be a surcharge of 5 per cent of the total cost of
45each vehicular rental transaction contract in the commonwealth, which shall be administered by
46the commissioner of revenue. Each vendor shall collect the surcharge and remit it to the
47department of revenue on a monthly basis. All provisions of chapter 62C of the General Laws
48relative to assessment, collection, payment, abatement, verification and administration, including
49penalties and interest, shall, so far as pertinent, apply to this surcharge as though it were a tax
50enumerated in section 2 of said chapter 62C.”; and
51 Section 34W. Parking Rental Fee. There shall be a surcharge of 5 per cent of the total
52cost charged to park a vehicle in the commonwealth, which shall be administered by the
53commissioner of revenue. Each vendor shall collect the surcharge and remit it to the department
54of revenue on a monthly basis. All provisions of chapter 62C of the General Laws relative to 4 of 28
55assessment, collection, payment, abatement, verification and administration, including penalties
56and interest, shall, so far as pertinent, apply to this surcharge as though it were a tax enumerated
57in section 2 of said chapter 62C. Said surcharge shall not apply to parking owned by the
58commonwealth or a subdivision or authority thereof.”.
59 SECTION 2. Section 13 of chapter 6C of the General Laws, as appearing in the 2018
60Official Edition, is hereby amended by adding the following subsection:
61 (d) Tolls on Large Commercial Trucks Only.
62 (1) Notwithstanding subsection (c), the department may further charge and collect, and
63from time to time, fix and revise tolls paid by large commercial trucks, as defined pursuant to
64Federal Highway Administration (FHWA) vehicle classification schedule as any vehicle within
65Class 8 —single trailer, 3 or 4 axles up to and including Class 13—7 or more axle multi-trailer
66trucks, as such classifications may be revised from time to time by the FHWA, for the privilege
67of traveling on Massachusetts roads, including —
68 (i) on Route 95 Rhode Island to Route 95 New Hampshire, or the reverse;
69 (ii) on Route 91 Connecticut to Route 91 New Hampshire, or the reverse;
70 (iii) on Route 93 Massachusetts to Route 93 New Hampshire, or the reverse; and
71 (iv) any other trip designated by the department.
72 (2) Such tolls shall be collected on large commercial trucks only and may not be
73collected on any other vehicle; provided, however, no vehicle shall be tolled other than a tractor
74or truck tractor as defined in 23 C.F.R. 658.5, pulling a trailer or trailers. 5 of 28
75 SECTION 3. The General Laws, as appearing in the 2018 Official Edition, are hereby
76amended by inserting after chapter 161D the following chapter:-
77 CHAPTER 161E
78 TRANSPORTATION AND ENVIRONMENT EQUITY FUND
79 Section 1. Definitions. In this chapter—
80 (a) the term “car rental fee” means the fee established pursuant to section 34V of chapter
8190;
82 (b) the term “cost” as applied to a project and the site thereof, means all costs, whenever
83incurred, of acquiring land and of acquiring, developing, constructing, improving, furnishing,
84equipping, finishing and carrying out a project and placing the same in operation, including
85without limiting the generality of the foregoing, the cost of all lands, property, rights, easements
86and interests acquired pursuant hereto and all labor, materials, machinery and equipment
87necessary to carry out a project and place the same in operation, financing charges, interest prior
88to and during construction and for a period not exceeding two years after completion of
89construction, the cost of environmental investigation, analyses and remediation, the cost of
90demolition and removal of any buildings or structures on lands acquired and removal or
91relocation of any public utilities and other facilities, relocation payments as defined in, and any
92other costs of relocation assistance required under chapter 79A of the General Laws and this
93chapter, the costs of architectural, engineering and legal services, plans, specifications, surveys,
94estimates of cost and of revenues, other expenses necessary or incident to determining the
95feasibility or practicability of the project, administrative, marketing and promotion expenses, 6 of 28
96reserves for debt service, and other capital and current expenses and such other expenses as may
97be necessary or incident to the construction of a project and the acquisition of land therefore;
98 (c) the term “emissions fee” means the fee established pursuant to section 34U of chapter
9990;
100 (d) the term “green fee” means the fee established pursuant to section 34T of chapter 90;
101 (e) the term “MassDOT” means the Massachusetts department of transportation,
102established pursuant to chapter 6A, or its successor;
103 (f) the term “operating costs” means all direct costs, whenever incurred, of operating a
104project that received funding from the Fund pursuant to this chapter;
105 (g) the term “parking rental fee” means the fee established pursuant to section 34W of
106chapter 90;
107 (h) the term “project” means the planning, design, acquisition, development,
108construction, expansion, rehabilitation, improvement, furnishing, equipping and finishing or any
109combination of the foregoing, necessary to provide subway or commuter rail service to a
110municipality that does not have such service or to increase the frequency or speed of such service
111to a community that the secretary determines is underserved by its existing subway or commuter
112rail service or to expand access by road to a municipality or municipalities that the secretary
113deems would not be well served by subway or commuter rail service, together with all necessary
114and related furnishings, machinery, equipment, facilities, approaches, driveways, walkways,
115parking facilities, roadways, public transportation and landscaping, and including without
116limitation the acquisition of lands or other property, or rights, easements, and interests acquired 7 of 28
117for or in respect of any such lands or property for a project, the demolition or removal of any
118buildings or structures on lands so acquired or in or with respect to which interests are so
119acquired, relocation payments and other assistance therefore, and site preparation and
120environmental remediation. Notwithstanding the foregoing, project may not include funds for
121routine maintenance to existing subway or commuter rail facilities or for capital projects to
122improve the accessibility of existing infrastructure for passengers with disabilities or to improve
123access to existing service, such as parking expansion, installation of bicycle racks or
124improvements to pedestrian approaches;
125 (i) the term “registrar” means the registrar of motor vehicles, established pursuant to
126chapter 90; and
127 (j) the term “secretary” means the secretary of MassDOT.
128 Section 2. Creation of the Massachusetts Transportation and Environment Equity Fund.
129 There shall be established and set up on the books of the commonwealth a separate fund,
130to be known as the Massachusetts Transportation and Environment Equity Fund (in this chapter
131referred to as the “Fund”), consisting of amounts credited to the fund in accordance with section
1323. The Fund shall be administered in accordance with the provisions of this chapter by the state
133treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described
134herein. The state treasurer shall be treasurer-custodian of the Fund and shall have the custody of
135its moneys and securities.
136 Section 3. The Massachusetts Transportation and Environment Equity Fund. 8 of 28
137 (a) The following receipts shall be credited to, and deposited by the state treasurer into
138the Fund and used in accordance with this section:
139 (1) The proceeds from $0.02 per gallon of the fee collected in the previous fiscal year,
140pursuant to chapter 21J of the General Laws.
141 (2) The green fee.
142 (3) The emissions fee.
143 (4) The car rental fee.
144 (5) The parking rental fee.
145 (6) The proceeds from the commercial truck toll, as described in section 13(d) of chapter
1466C.
147 (b) In accordance with section 7 of this chapter, the local project receipts shall be credited
148to, and deposited by the state treasurer in the Fund and shall be kept in segregated accounts for
149each project to be used in accordance with this chapter.
150 Section 4. Capital Investment Projects.
151 (a) In General. Notwithstanding any General Law or special law to the contrary, the
152secretary shall annually rank all projects contained in MassDOT’s capital investment program.
153The secretary shall group said projects into 2 groups in accordance with subsection (b).
154 (b) Project Groupings. 9 of 28
155 (1) The first group of ranked projects, as defined in subsection (a), shall include those of
156said projects that would provide new rail service to a city or town in the commonwealth that does
157not have a commuter rail stop within its borders or, if a project would establish new stations in
158more than one city or town, those projects that would provide new subway or commuter rail
159service to cities or towns in the commonwealth half or more of whom do not have a subway or
160commuter rail stop within their borders.
161 (2) The second group of ranked projects, as defined in subsection (a), shall include all
162projects contained in said capital investment program that are not included in the first group, as
163defined in paragraph (1). The secretary shall rank the projects within each group based on each
164project’s performance relative to the other projects in that group on the following evaluation
165criteria:
166 (i) The cost effectiveness of air quality improvements which the capital investment
167program predicts a project would achieve.
168 (ii) The project’s projected cost per rider.
169 (iii) The likely economic benefits of a project.
170 (iv) The likelihood that a project will result in smart growth development, rather than
171sprawl.
172 (v) Whether a project would serve any environmental justice target, all as defined and
173described in the capital investment program.
174 (3) The secretary shall report said ranking of projects, described in paragraphs (1) and
175(2), along with the secretary’s reasons therefore to the clerk of the senate and the clerk of the 10 of 28
176house and the joint committee on transportation and the house and senate committees on
177bonding, capital expenditures and state assets no later than January 31 of each year.
178 Section 5. Project Notification and Reports.
179 (a) The secretary shall notify the state treasurer and the clerks of the senate and of the
180house in writing when the secretary determines—
181 (1) that the Fund contains and is likely to continue to contain funds, less those funds
182already committed to other projects but including those local project revenues dedicated to a
183project pursuant to this chapter, necessary to cover—
184 (i) the cost of the project ranked first in the first group, as described in section 4(b)(1) by
185the secretary pursuant to section 4, less all other funds available to MassDOT to cover such cost,
186calculated based on not less than 105 per cent of the debt service on all special obligation bonds
187to be issued pursuant to section 17 that are required to cover the cost of such project; and
188 (ii) the amount of any projected annual operating deficit determined by MassDOT,
189calculated as the average of the projected operating deficits of the first 10 years of the project’s
190operation; and
191 (2) that all plans, approvals, licenses and permits necessary to begin construction of said
192project are in MassDOT’s possession. Upon the sale of bonds by the state treasurer for a project
193described herein, that project shall be removed from the secretary’s group rankings made
194pursuant to section 4. 11 of 28
195 (b) Subsequent to the first project having been removed from the secretary’s group
196rankings pursuant to subsection (a), the secretary shall notify the state treasurer and the clerks of
197the senate and of the house in writing when the secretary determines—
198 (1) that the Fund contains and is likely to continue to contain funds, minus those funds
199already committed to other projects but including those local project revenues dedicated to a
200project pursuant to this chapter, necessary to cover—
201 (i) the cost of either or both, if available funds exist, of the projects ranked first in
202grouped projects, as described in section 4(b), by the secretary pursuant to section 4 less all other
203funds available to MassDOT to cover such cost, calculated based on not less than 105 per cent of
204the debt service on all special obligation bonds to be issued pursuant hereto that are required to
205cover the cost of such project; and
206 (ii) the amount of any projected annual operating deficit determined by MassDOT,
207calculated as the average of the projected operating deficits of the first 10 years of the project’s
208operation; and
209 (2) that all plans, approvals, licenses and permits necessary to begin construction of said
210project are in MassDOT’s possession. Upon the sale of bonds by the state treasurer for a project
211pursuant hereto, that the project shall be removed from the secretary’s group rankings, as
212described in section 4(b).
213 (c) No later than 90 days after receiving said determination, the secretary shall certify to
214the state treasurer that the secretary has received said determination and that said determination
215meets the requirements of this chapter and shall name the next project to be funded. In making 12 of 28
216this choice, the secretary shall continue to give preference, in the secretary’s discretion, to the
217first group projects, as described in section 4(b)(1).
218 (d) Determinations described in subsections (a) and (b), shall include —
219 (1) project plans sufficiently complete to indicate the project’s boundaries, such land
220acquisition, demolition and removal of structures, and such redevelopment and general public
221improvements, as may be proposed to be carried out and proposed land uses including
222preliminary project designs and a description of the project programs;
223 (2) the proposed method for relocation of persons and organizations to be displaced by
224the project, if any;
225 (3) cost estimates of the project, including acquisition, and identification of parcels to be
226acquired and the estimated cost thereof;
227 (4) proposals for informing and communicating with the affected communities; and
228 (5) a description of measures to mitigate environmental and neighborhood impacts of the
229project and such other planning and urban design issues as MassDOT shall determine are
230presented by the project.
231 (e) MassDOT’s Right of Entry with Respect to Report Filings.
232 (1) In connection with the preparation of the plans described in subsection (d) and
233MassDOT’s exercise of its powers under this chapter, MassDOT and its authorized agents and
234contractors may enter onto any properties and the improvements thereon and undertake
235appraisals, surveys, environmental analyses and investigations, including subsurface 13 of 28
236investigations, permitting analyses and investigations, and other investigations and analyses, for
237the purpose of determining the value and condition of such properties.
238 (2) Prior to any such entry pursuant to this subsection, MassDOT shall provide 20 days
239written notice by certified mail to the owners of properties, as such owners are recorded in the
240office of the city assessor.
241 (3) Such entry, appraisals, surveys, analyses and investigations shall not be deemed a
242trespass, a taking by eminent domain or an entry under any eminent domain or condemnation
243proceedings.
244 (4) MassDOT shall make reimbursement for any actual injury or actual damage resulting
245to such properties and any improvements thereon from the entry, appraisals, surveys, analyses
246and investigations authorized hereunder, and MassDOT shall, as far as possible, restore such
247properties and the improvements thereon to their condition prior to such entry, appraisals,
248surveys, analyses and investigations.
249 (5) Without derogating from the foregoing, MassDOT is hereby authorized to exercise
250the power of eminent domain as provided in section 11(d) of chapter 121B of the General Laws
251in order to temporarily obtain access to properties and the improvements thereon for MassDOT
252and its agents and contractors for the purpose of conducting the appraisals, surveys, analyses and
253investigations authorized by this chapter. If MassDOT restores the properties and improvements
254as required hereunder, the damages for the temporary taking hereby authorized shall be nominal
255in the absence of extraordinary circumstances unique to particular properties.
256 Section 6. In order to provide for a portion of the costs of each project and the payment of
257the principal of and interest on special obligation bonds of the commonwealth issued pursuant 14 of 28
258hereto, there is hereby established on the first day of the first full calendar year following the
259notifications made by the secretary described in section 5 district improvement financing districts
260in the city or town or any portion thereof that will receive one or more new stations or enhanced
261service as part of said project and any portion of any other city or town designated by the
262governor that is adjacent to a city or town that will receive one or more new stations or enhanced
263service as part of said project, which shall operate in accordance with the provisions of section 1
264of chapter 40Q.
265 Section 7. Commencing on the first day of the first full calendar year following the
266notifications by the secretary described in section 5, the receipts collected pursuant to section 6,
267together with investment earnings thereon, shall be credited to, and deposited by the state
268treasurer in the segregated account within the Fund created by the state treasurer for each project
269pursuant to section 3. Notwithstanding section 35J of chapter 10, amounts described in this
270section shall not be included in the computation of the amount to be deposited in the
271Massachusetts Tourism Fund pursuant to said section 35J.
272 Section 8. For all projects constructed pursuant to this chapter all construction employees
273employed in the construction of said project shall be paid no less than the wage rate established
274for such work pursuant to a project labor agreement with the appropriate labor organization or
275labor organizations, which includes—
276 (a) a uniform grievance and arbitration procedure for the resolution of work-related
277disputes on job sites;
278 (b) mutually agreeable uniform work rules and schedules for the project; and 15 of 28
279 (c) an obligation for any such labor organization and its constituent members not to strike
280with respect to work on such project, provided that it shall not be a precondition to the award of a
281contract that a bidder have previously entered into a collective bargaining agreement with a labor
282organization, but only that the bidder be willing to execute and comply with said project labor
283agreement for the project if it is awarded a contract.
284 Section 9. Expenditures of Fund Funds.
285 (a) Expenditures from Fund funds not segregated pursuant to section 3 shall be made for
286the following purposes only if and when the amounts available in each project’s segregated fund,
287created pursuant to section 3, are inadequate to the meet the cost or operating costs of that
288Project:
289 (1) For the payment of the principal, including sinking fund payments and premium, if
290any, and interest on special obligation bonds of the commonwealth issued pursuant hereto and on
291notes issued in anticipation of such bonds for the relevant project.
292 (2) For the maintenance of, or provision for, any reserves for debt service and other
293capital and current expenses, including without limitation any capital reserve fund created for
294such purpose, and for any additional security, insurance or other form of credit enhancement
295required or provided for in any trust or other security agreement entered into pursuant to this
296chapter to secure such bonds.
297 (3) For direct expenditure for any cost of a project funded pursuant to this chapter and for
298the operation, promotion and marketing thereof incurred by MassDOT. 16 of 28
299 (b) Should the secretary determine that amounts contained in the Fund exceed those
300necessary to fund project costs, the state treasurer shall transfer at the direction of the secretary
301up to $25,000,000 annually into the Regional Transit Authorities Forward Funding Trust Fund,
302created by section 63A of chapter 10 of the General Laws. After any such transfer, the secretary
303may direct some or all of the balance of the Fund to MassDOT to cover costs incurred by
304MassDOT for any purposes.
305 Section 10. MassDOT Acquisition of Property.
306 (a) MassDOT shall acquire all lands, properties, rights, air rights, sub-surface rights,
307easements and other interests necessary to complete the projects.
308 (b) Acquisition Authority.
309 (1) For purposes of this section, MassDOT may take by eminent domain under chapter 79
310or chapter 80A of the General Laws, or acquire by purchase, lease, gift, bequest, grant or
311otherwise from any party, public or private, and hold, clear, repair, operate and, after having
312taken or acquired the same, convey as provided in this chapter, any lands and other property, real
313or personal, improved or unimproved, tangible or intangible, and any interest therein, including,
314to the extent not inconsistent with federal law, railroad properties, necessary to complete the
315projects, as stipulated in the reports to be produced pursuant to section 5, after a public hearing
316of which the land owners of record have been notified by certified mail and of which at least 20
317days’ notice has been given by publication in a newspaper having general circulation in the city
318in which the land is located; provided, however, that no such taking or acquisition shall be
319effected until 30 days after MassDOT has notified the land owner of record by certified mail and 17 of 28
320has caused a notice of such determination to be published in a newspaper having general
321circulation in the city in which the land is located.
322 (2) The value of any lands or real property acquired by MassDOT by eminent domain
323shall be reduced by the costs necessary to remediate the environment of said site.
324 (3) To the extent not inconsistent with Federal law, the taking or other acquisition by
325MassDOT of railroad rights of way or related facilities from any department, authority, agency
326or political subdivision of the commonwealth, from any railroad company, or from any other
327party, shall be exempt from the procedures, findings and requirements of section 7 of chapter
328161C of the General Laws.
329 (c) For purposes of any constitutional entitlement to damages in the event of a taking, all
330properties and interests taken by MassDOT by eminent domain by any subdivision of the
331commonwealth are being held by MassDOT in a governmental and not a proprietary capacity
332and it is not the intent of this chapter to confer on MassDOT any rights to damages for such
333taking. Any such taking of property shall be effective notwithstanding any inconsistent prior
334public use. MassDOT may make relocation payments to persons and businesses displaced as a
335result of carrying out a project and shall otherwise provide relocation assistance as provided in
336chapter 79A and chapter 121B of the General Laws. To the extent not inconsistent with federal
337law, if there is a taking or other acquisition of railroad lines, rights of way, easements or related
338facilities from any party, MassDOT shall relocate such railroad lines.
339 (d) MassDOT shall have all the powers necessary and convenient to carry out the
340purposes of this chapter. Without limiting the generality of the foregoing, MassDOT may
341exercise with respect to the projects and any property acquired in accordance with this section all 18 of 28
342powers, and shall have all immunities, consistent with this chapter, granted to operating
343agencies, as defined in chapter 121B of the General Laws or otherwise granted to MassDOT
344under any General Law or special law.
345 (e) MassDOT is hereby authorized and directed to prepare or cause to be prepared a
346report in accordance with section 62B of chapter 30 of the General Laws for those of the projects
347for which such a report has not yet been prepared or is no longer valid at the time required by
348law. Notwithstanding the provisions of sections 62 to 62H, inclusive, of said chapter 30,
349MassDOT may commence and undertake research, planning, design and other work necessary
350for the projects and may engage an owner's representative, architects and engineers and a
351construction manager therefore for each project individually, and MassDOT may take all actions
352necessary or appropriate or required for acquisition of lands, air rights, sub-surface rights or
353other property interests prior to the publication of a final environmental impact report pursuant to
354this section and section 62C of said chapter 30; provided, however, that MassDOT shall not
355record a notice of taking with respect to any lands or other property by eminent domain as
356provided in this section until the secretary of energy and environmental affairs has issued a
357notice of availability of a report submitted to said secretary in accordance with said section 62C
358which demonstrates to the satisfaction of said secretary that a project may be carried out with
359appropriate mitigation measures as may be necessary to minimize and prevent damage to the
360environment.
361 (f) MassDOT shall be excluded from the definition of an owner or operator of a project
362with respect to releases of hazardous materials that occur before MassDOT acquires ownership
363of any portion of a site pursuant to this chapter upon or from which such a release may occur as
364if MassDOT were a city or town that has purchased or taken such land for the nonpayment of 19 of 28
365taxes, in accordance with the definition of "owner" or "operator" contained in paragraph (d) of
366section 2 of chapter 21E of the General Laws; provided, however, that MassDOT complies with
367all of the requirements set forth in paragraphs (d)(2) and (d)(3) of said section 2 of said chapter
36821E, except that MassDOT shall have no obligation to comply with subsection (d)(3)(F) of said
369section 2 of said chapter 21E.
370 Section 11. MassDOT Requirements.
371 (a) No person shall be precluded by chapters 7 or 268A of the General Laws from
372participating by contract or otherwise in the activities of the commonwealth or MassDOT with
373regard to the planning, acquisition, construction and operation of a project contained in this
374chapter solely by reason of a financial interest, direct or indirect, in any contract or extension
375thereof for services with respect to the project report or otherwise with respect to the
376development of the project executed by such person with the commonwealth or MassDOT prior
377to the effective date hereof. For purposes of the foregoing, MassDOT shall have all of the powers
378granted to it by General Law or special law not inconsistent with this chapter. Each project shall
379be exempt from compliance with applicable zoning codes and any regulations promulgated
380thereunder.
381 (b) MassDOT shall prepare quarterly reports for each project described by this chapter.
382Said quarterly reports shall be submitted to the secretary of the executive office for
383administration and finance, the house ways and means committee, the senate ways and means
384committee, the clerk of the house and the clerk of the senate and posted on line on the MassDOT
385website and shall include—
386 (1) the total dollars expended on the project to date, 20 of 28
387 (2) the number of contracts entered into to date;
388 (3) the number of contracts entered into with minority businesses;
389 (4) the number of contracts entered into with women-owned businesses;
390 (5) the dollar value of contracts entered into with minority businesses;
391 (6) the dollar value of contracts entered into with women-owned businesses;
392 (7) the total number of employees working on the project; and
393 (8) the total number of employees working on the project, broken down by race, ethnicity
394and gender.
395 Section 12. Upon the secretary’s certification of receipt of a determination made pursuant
396to section 6, the state treasurer shall issue bonds in such amounts and at such time as the state
397treasurer determines, after consultation with the secretary and MassDOT, necessary to meet the
398expenditures required for the project which is the subject of said determination. Any such bonds
399shall be special obligations of the commonwealth payable first from the project funds created
400pursuant to section 7 to the extent available and second from the unsegregated funds described in
401section 3.
402 Section 13. The administration of the fees imposed under section 6 is hereby vested in the
403commissioner of revenue. Said fees shall be collected by the municipal tax officials and remitted
404to the department of revenue on a quarterly basis. All provisions of this chapter relative to
405assessment, collection, payment, abatement, verification and administration, including penalties
406and interest, shall, so far as pertinent, be applicable to the fees imposed by this chapter as though
407they were taxes enumerated in section 2 of chapter 62C. 21 of 28
408 Section 14. MassDOT or its successor shall pursue any Federal funds for which the
409projects, or any portions thereof, are eligible and to seek or coordinate with partners where
410warranted.
411 Section 15. Regional Planning Agencies.
412 (a) MassDOT shall choose a regional planning agency or agencies established pursuant to
413chapter 40B to conduct corridor land use planning for the projects. Each regional planning
414agency or agencies shall work with municipalities, state agencies and other stakeholders to
415complete land use corridor plans. Each land use corridor plan shall include the necessary actions
416to be taken by municipal or state government, including zoning and other bylaw changes, in
417order to maximize the long term benefit of the expansion, preserve capacity added by the project,
418promote sustainable economic and residential development, protect critical open space and other
419natural resources, and mitigate environmental and neighborhood impacts, including sprawl and
420gentrification.
421 (b) MassDOT or its successor shall not begin construction on new rail stations to be
422completed pursuant to chapter 161E until the secretary finds that the municipality in which the
423station would be located has taken substantial actions to implement the applicable provisions and
424requirements of the corridor land use plan and have taken actions to reasonably ensure ongoing
425implementation of the plan after construction is complete.
426 (c) One-tenth of one per cent of the cost of each project shall be used for corridor land
427use planning pursuant to this section, and shall be allocated from the Fund to the regional
428planning agencies identified by MassDOT for the purposes of corridor land use planning 22 of 28
429pursuant to this section. Each regional planning agency receiving funds shall file a report with
430MassDOT and the house and senate committees on ways and means detailing their activities.
431 Section 16. The provisions of this chapter shall be deemed to provide an exclusive,
432additional, alternative and complete method for the doing of the things authorized hereby and
433shall be deemed and construed to be supplemental and additional to, and not in derogation of,
434powers conferred upon MassDOT or its successor; provided, however, that insofar as the
435provisions of this chapter are inconsistent with the provisions of any General Law or special law,
436administrative order or regulation or any limitation imposed by a corporate or municipal charter,
437the provisions of this chapter shall be controlling.
438 Section 17. Bonding Authority.
439 (a) To meet the expenditures necessary to carry out the provisions of section 2, the state
440treasurer may issue and sell bonds of the commonwealth in any amount. Any such bonds shall be
441special obligations of the commonwealth payable first from the project funds described in
442section 7 to the extent available and second from the receipts described in section 3 to the extent
443available.
444 (b) Bonds of the commonwealth may be issued under authority of this section in such
445manner and on such terms and conditions as the state treasurer, with the concurrence of the
446secretary of administration and finance, may determine in accordance with the provisions of this
447subsection and, to the extent not inconsistent with the provisions hereof, provisions of General
448Law for the issuance of bonds of the commonwealth. Bonds may be secured by a trust agreement
449or other security agreement entered into by the state treasurer, with the concurrence of the
450secretary of administration and finance, on behalf of the commonwealth, which trust agreement 23 of 28
451or other security agreement may pledge or assign all or any part of the local project receipts
452credited to the fund pursuant to sections 3 and 6, and any other pledged funds as hereinafter
453provided, and rights to receive the same, whether existing or coming into existence and whether
454held or thereafter acquired, and the proceeds thereof. The state treasurer is further authorized,
455with the concurrence of the secretary of administration and finance, to enter into additional
456security, insurance or other forms of credit enhancement which may be secured on a parity or
457subordinate basis with the bonds. A pledge in any such trust or other security agreement or credit
458enhancement agreement shall be valid and binding from the time such pledge shall be made
459without any physical delivery or further act, and the lien of such pledge shall be valid and
460binding as against all parties having claims of any kind in tort, contract or otherwise, irrespective
461of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the
462trust or other security agreement or credit enhancement agreement in the records of the state
463treasurer, and no filing need be made under chapter 106 of the General Laws. Any such trust
464agreement, security agreement or credit enhancement agreement may establish provisions
465defining defaults and establishing remedies and other matters relating to the rights and security
466of the holders of the bonds or other secured parties as determined by the state treasurer, including
467provisions relating to the establishment of reserves, the issuance of additional or refunding
468bonds, whether or not secured on a parity basis, the application of the moneys and funds pledged
469pursuant to such agreement, in this chapter referred to as pledged funds, and other matters
470deemed necessary or desirable by the state treasurer for the security of such bonds, and may also
471regulate the custody, investment and application of moneys.
472 (c) As additional security for bonds of the commonwealth issued under authority of this
473section, the state treasurer, with the concurrence of the secretary of administration and finance, 24 of 28
474shall create and establish a special fund for each project, herein referred to as the Capital Reserve
475Funds, within the Fund established under section 3 or otherwise under a trust or other security
476agreement securing such bonds, and shall pay into the capital reserve funds any receipts
477available for such purpose pursuant to section 3 and any other moneys appropriated and made
478available for the purposes of such fund, any proceeds of such bonds to the extent determined by
479the state treasurer, with the concurrence of the secretary of administration and finance, or as may
480be provided in any such trust or other security agreement, and any other moneys available for
481purposes of such fund as provided in this section, all of which shall be pledged funds for
482purposes of this chapter.
483 (d) All moneys held in the Capital Reserve Funds, except as hereinafter provided, shall be
484used solely for the payment of the principal of bonds of the commonwealth issued under
485authority of this section as the same mature, the purchase of such bonds, the payment of interest
486on such bonds or the payment of any redemption premium required to be paid when such bonds
487are redeemed prior to maturity; provided, however, that, moneys in the Capital Reserve Funds
488shall not be withdrawn therefrom at any time in such amount as would reduce the amount of any
489such fund to less than the maximum amount of principal and interest maturing and becoming due
490in any succeeding fiscal year on all such bonds outstanding or such lesser amount as shall be
491established by the state treasurer, with the concurrence of the secretary of administration and
492finance, as necessary or appropriate to secure such bonds, in this chapter referred to as the
493“capital reserve fund requirements”, except for the purpose of paying the principal of and interest
494on such bonds maturing and becoming due and for the payment of which other receipts held in
495the funds are not available. 25 of 28
496 (e) Notwithstanding any provision of this chapter, the state treasurer may not issue bonds
497of the commonwealth under authority of this section at any time if following such issuance the
498balance on deposit in the Capital Reserve Funds would be less than the capital reserve fund
499requirements with respect to all such bonds then outstanding.
500 (f) If on the last day of any fiscal year during which any bonds of the commonwealth
501issued under authority of this section are outstanding, the balance on deposit in the Capital
502Reserve Funds shall be less than the capital reserve fund requirements as then calculated, after
503deposit therein of all amounts available therefore in the funds or otherwise under the trust or
504other security agreement securing such bonds, the motor fuel excise tax shall be increased and all
505newly created revenue directed into the Fund until the balance of said capital reserve fund shall
506again equal the capital reserve fund requirement as so certified by the secretary of administration
507and finance; provided, however, that the total amount of the excise imposed pursuant to sections
5083 and 3A of chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969
509shall not exceed 14 per cent.
510 (g) In order to increase the marketability of any bonds issued by the commonwealth
511under authority of this section, and in consideration of the acceptance of payment for any such
512bonds, the commonwealth covenants with the purchasers, and all subsequent holders and
513transferees of any such bonds, that until all such bonds, including all bonds issued to refund such
514bonds, and the interest thereon, shall be paid or, if earlier, shall be deemed paid within the
515meaning of any trust or other security agreement or credit enhancement agreement securing the
516same, that—
517 (1) the receipts shall not be diverted from the purposes identified in this chapter; 26 of 28
518 (2) no pledged funds shall be diverted from the funds established by section 3 or the
519Capital Reserve Funds, except as provided in this chapter;
520 (3) in any fiscal year of the commonwealth, unless and until an appropriation has been
521made which is sufficient to pay the principal, including sinking fund payments, of and interest on
522all such bonds and to provide for or maintain any reserves, additional security, insurance or other
523form of credit enhancement required or provided for in any trust or other security agreement or
524credit enhancement agreement securing any such bonds or notes, no pledged funds shall be
525applied to any other use; and
526 (4) so long as such revenues are necessary, as determined by the state treasurer in
527accordance with any applicable trust or other security agreement or credit enhancement
528agreement, for the purposes for which they have been pledged, the rate of any fees imposed by
529this chapter or which may constitute pledged funds under this section shall not be reduced below
530the amount in effect at the time of issuance of any such bond.
531 (h) Any bonds issued under authority of this section, and any notes of the commonwealth
532issued in anticipation thereof as hereinafter provided, shall be deemed to be investment securities
533under chapter 106 of the General Laws, shall be securities in which any public officer, fiduciary,
534insurance company, financial institution or investment company may properly invest funds and
535shall be securities which may be deposited with any public custodian for any purpose for which
536the deposit of bonds is authorized by law. Any such bonds and notes, their transfer and the
537income therefrom, including profit on the sale thereof, shall at all times be exempt from taxation
538by and within the commonwealth. 27 of 28
539 Section 18. The state treasurer may borrow on the credit of the commonwealth such sums
540of money as may be necessary for the purposes of meeting payments as authorized by chapter
541161E in anticipation of the receipt of proceeds of special obligation bonds of the commonwealth
542issued under the authority of section 17, and may issue and renew notes of the commonwealth
543therefore, bearing interest payable at such time and at such rate as shall be fixed by the state
544treasurer. Such notes shall be issued and may be renewed one or more times for such maximum
545term of years, not exceeding 7 years, as the governor may recommend to the general court in
546accordance with Section 3 of Article LXII of the Amendments to the Constitution; provided,
547however, that all such notes shall be payable no later than 7 years after issuance. Notes and the
548interest thereon issued under MassDOT of this section, notwithstanding any other provisions of
549this chapter, shall be general obligations of the commonwealth.
550 Section 19. This chapter shall be construed in all respects so as to meet all constitutional
551requirements. In carrying out the purposes and provisions of this act, all steps shall be taken
552which are necessary to meet constitutional requirements whether or not such steps are required
553by statute.
554 SECTION 4. Effective Date for Section 3. The provisions of section 3 shall take effect on
555the first day of the first full calendar month following 30 days after the enactment this Act.
556 SECTION 5. North South Rail Link.
557 (a) Section 1 of chapter 161C of the General Laws, as appearing in the 2018 Official
558Edition, is hereby amended by adding the following sentence:–
559 “Furthermore, to carry out the purposes of this section, the Commonwealth of
560Massachusetts shall preserve intact the right-of-way for the proposed North South Rail Link. 28 of 28
561This right-of-way is extremely vulnerable to the impact of development and redevelopment
562around the existing rail tracks and terminals. In addition, rail projects already in the planning and
563construction phases will exceed the capacity of the South Station terminal. Preservation of the
564right-of-way for the North-South Rail Link will assure that rail transportation can be enhanced or
565expanded in our region.”.
566 (b) Chapter 161C of the General Laws is hereby amended by inserting after section 8 the
567following section: –
568 “Section 9. The Massachusetts department of transportation, or its successor, shall
569perform a study to specifically identify and map the necessary right-of-way to allow for the
570construction of the proposed North South Rail Link connecting North Station to South Station.
571This study must include particular reference to the Major Investment Study/Draft Environmental
572Impact Report (EOEA#10270), prepared under the aegis of the executive office of environmental
573affairs, which was concluded on March 31, 2003. A plan to preserve said right-of-way, once
574identified, shall be determined and implemented immediately.”.
575