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Massachusetts House Bill H3275

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3275 Compare Versions

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22 HOUSE DOCKET, NO. 2833 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 3275
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Antonio F. D. Cabral
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to fund public transit expansion.
1313 _______________
1414 PETITION OF:
1515 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
1616 HOUSE DOCKET, NO. 2833 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 3275
1818 By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 3275) of
1919 Antonio F. D. Cabral and others for legislation to fund public transit expansion including the
2020 establishment of certain fees. Transportation.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act to fund public transit expansion.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2020 Official Edition,
3030 2is hereby amended by: —
3131 3 (a) inserting after section 7Z the following section: -
3232 4 “Section 7Z1/2. Station Reporting Requirement. The registrar shall maintain a database
3333 5containing the mileage of every motor vehicle registered pursuant to this chapter.  Every facility
3434 6licensed to conduct vehicle inspections pursuant to this chapter, shall, as part of said inspection,
3535 7record the make, model, owner’s name, license plate number, and mileage of each vehicle
3636 8inspected and shall report said information to the registrar and the commissioner.  Said reports
3737 9shall be made electronically and said facilities shall have electronic access to the database
3838 10pursuant to procedures established by the registrar.”; and
3939 11 (b) inserting after section 34R the following sections: - 2 of 28
4040 12 Section 34S. Vehicle Classification. For purposes of sections 34T and 34U only, the
4141 13registrar shall issue rules and regulations to classify all vehicles required to be registered by this
4242 14chapter into the following categories: zero emission vehicle, motorcycle, automobile, hybrid
4343 15automobile, light truck, heavy truck, hybrid truck, sports utility vehicle, hybrid sports utility
4444 16vehicle, van, luxury vehicle, motor home, trailer, other emission producing vehicle and rental
4545 17vehicle, which shall include all vehicles intended as of the date of registration to be used as a
4646 18rental vehicle. Said categories shall be known collectively as registration classes. When any such
4747 19vehicle is first registered pursuant to this chapter, the registrar shall identify said vehicle as a
4848 20member of one such registration class.”;
4949 21 Section 34T. Green Fee. The registrar or his authorized agents shall collect the following
5050 22fees, to be called green fees, each time a vehicle is registered or the vehicle registration is
5151 23renewed for any reason, in the following amounts:
5252 24 (1) For every automobile, hybrid truck and hybrid sports utility vehicle the fee shall be
5353 25$30 for a new or transfer registration and 2 year renewals, $15 for vehicles renewing annually.
5454 26 (2) For every zero emission vehicle, hybrid automobile and motorcycle the fee shall be
5555 27$15 for a new or transfer registration and for 2 year renewals, $7.50 for vehicles renewing
5656 28annually.
5757 29 (3) For every light truck, van, luxury vehicle and sports utility vehicle the fee shall be $40
5858 30for a new or transfer registration and for 2 year renewals, $20 for vehicles renewing annually.
5959 31 (4) For every heavy truck, motor home and bus the fee shall be $85 for a new or transfer
6060 32registration and for 2 year renewals, $42.50 for vehicles renewing annually. 3 of 28
6161 33 (5) For every other emission producing vehicle the fee shall be $60 for a new or transfer
6262 34registration and for 2 year renewals, $30 for vehicles renewing annually.
6363 35 (6) Any vehicle owned by any subdivision of the commonwealth and used solely for
6464 36official business and any vehicle identified in subsections 29, 30 and 33 of section 33 of chapter
6565 3790 shall be exempt from the green fee.”;
6666 38 Section 34U. Emissions Fee. At the time of each inspection required by section 7V, the
6767 39inspector shall collect and remit to the registrar the following fee, to be called an emissions fee.
6868 40Said fee shall equal $0.001 per mile for each mile driven by the vehicle since the vehicle’s last
6969 41inspection, calculated using the mileage reports recorded in the database maintained by the
7070 42registrar pursuant to section 7Z1/1, or, if the vehicle has not yet had 2 required inspections, equal
7171 43to the vehicle’s mileage at the inspection.”;
7272 44 Section 34V. Car Rental Fee. There shall be a surcharge of 5 per cent of the total cost of
7373 45each vehicular rental transaction contract in the commonwealth, which shall be administered by
7474 46the commissioner of revenue. Each vendor shall collect the surcharge and remit it to the
7575 47department of revenue on a monthly basis. All provisions of chapter 62C of the General Laws
7676 48relative to assessment, collection, payment, abatement, verification and administration, including
7777 49penalties and interest, shall, so far as pertinent, apply to this surcharge as though it were a tax
7878 50enumerated in section 2 of said chapter 62C.”; and
7979 51 Section 34W. Parking Rental Fee. There shall be a surcharge of 5 per cent of the total
8080 52cost charged to park a vehicle in the commonwealth, which shall be administered by the
8181 53commissioner of revenue. Each vendor shall collect the surcharge and remit it to the department
8282 54of revenue on a monthly basis. All provisions of chapter 62C of the General Laws relative to 4 of 28
8383 55assessment, collection, payment, abatement, verification and administration, including penalties
8484 56and interest, shall, so far as pertinent, apply to this surcharge as though it were a tax enumerated
8585 57in section 2 of said chapter 62C. Said surcharge shall not apply to parking owned by the
8686 58commonwealth or a subdivision or authority thereof.”.
8787 59 SECTION 2. Section 13 of chapter 6C of the General Laws, as appearing in the 2018
8888 60Official Edition, is hereby amended by adding the following subsection:
8989 61 (d) Tolls on Large Commercial Trucks Only.
9090 62 (1) Notwithstanding subsection (c), the department may further charge and collect, and
9191 63from time to time, fix and revise tolls paid by large commercial trucks, as defined pursuant to
9292 64Federal Highway Administration (FHWA) vehicle classification schedule as any vehicle within
9393 65Class 8 —single trailer, 3 or 4 axles up to and including Class 13—7 or more axle multi-trailer
9494 66trucks, as such classifications may be revised from time to time by the FHWA, for the privilege
9595 67of traveling on Massachusetts roads, including —
9696 68 (i) on Route 95 Rhode Island to Route 95 New Hampshire, or the reverse;
9797 69 (ii) on Route 91 Connecticut to Route 91 New Hampshire, or the reverse;
9898 70 (iii) on Route 93 Massachusetts to Route 93 New Hampshire, or the reverse; and
9999 71 (iv) any other trip designated by the department.
100100 72 (2) Such tolls shall be collected on large commercial trucks only and may not be
101101 73collected on any other vehicle; provided, however, no vehicle shall be tolled other than a tractor
102102 74or truck tractor as defined in 23 C.F.R. 658.5, pulling a trailer or trailers. 5 of 28
103103 75 SECTION 3. The General Laws, as appearing in the 2018 Official Edition, are hereby
104104 76amended by inserting after chapter 161D the following chapter:-
105105 77 CHAPTER 161E
106106 78 TRANSPORTATION AND ENVIRONMENT EQUITY FUND
107107 79 Section 1. Definitions. In this chapter—
108108 80 (a) the term “car rental fee” means the fee established pursuant to section 34V of chapter
109109 8190;
110110 82 (b) the term “cost” as applied to a project and the site thereof, means all costs, whenever
111111 83incurred, of acquiring land and of acquiring, developing, constructing, improving, furnishing,
112112 84equipping, finishing and carrying out a project and placing the same in operation, including
113113 85without limiting the generality of the foregoing, the cost of all lands, property, rights, easements
114114 86and interests acquired pursuant hereto and all labor, materials, machinery and equipment
115115 87necessary to carry out a project and place the same in operation, financing charges, interest prior
116116 88to and during construction and for a period not exceeding two years after completion of
117117 89construction, the cost of environmental investigation, analyses and remediation, the cost of
118118 90demolition and removal of any buildings or structures on lands acquired and removal or
119119 91relocation of any public utilities and other facilities, relocation payments as defined in, and any
120120 92other costs of relocation assistance required under chapter 79A of the General Laws and this
121121 93chapter, the costs of architectural, engineering and legal services, plans, specifications, surveys,
122122 94estimates of cost and of revenues, other expenses necessary or incident to determining the
123123 95feasibility or practicability of the project, administrative, marketing and promotion expenses, 6 of 28
124124 96reserves for debt service, and other capital and current expenses and such other expenses as may
125125 97be necessary or incident to the construction of a project and the acquisition of land therefore;
126126 98 (c) the term “emissions fee” means the fee established pursuant to section 34U of chapter
127127 9990;
128128 100 (d) the term “green fee” means the fee established pursuant to section 34T of chapter 90;
129129 101 (e) the term “MassDOT” means the Massachusetts department of transportation,
130130 102established pursuant to chapter 6A, or its successor;
131131 103 (f) the term “operating costs” means all direct costs, whenever incurred, of operating a
132132 104project that received funding from the Fund pursuant to this chapter;
133133 105 (g) the term “parking rental fee” means the fee established pursuant to section 34W of
134134 106chapter 90;
135135 107 (h) the term “project” means the planning, design, acquisition, development,
136136 108construction, expansion, rehabilitation, improvement, furnishing, equipping and finishing or any
137137 109combination of the foregoing, necessary to provide subway or commuter rail service to a
138138 110municipality that does not have such service or to increase the frequency or speed of such service
139139 111to a community that the secretary determines is underserved by its existing subway or commuter
140140 112rail service or to expand access by road to a municipality or municipalities that the secretary
141141 113deems would not be well served by subway or commuter rail service, together with all necessary
142142 114and related furnishings, machinery, equipment, facilities, approaches, driveways, walkways,
143143 115parking facilities, roadways, public transportation and landscaping, and including without
144144 116limitation the acquisition of lands or other property, or rights, easements, and interests acquired 7 of 28
145145 117for or in respect of any such lands or property for a project, the demolition or removal of any
146146 118buildings or structures on lands so acquired or in or with respect to which interests are so
147147 119acquired, relocation payments and other assistance therefore, and site preparation and
148148 120environmental remediation. Notwithstanding the foregoing, project may not include funds for
149149 121routine maintenance to existing subway or commuter rail facilities or for capital projects to
150150 122improve the accessibility of existing infrastructure for passengers with disabilities or to improve
151151 123access to existing service, such as parking expansion, installation of bicycle racks or
152152 124improvements to pedestrian approaches;
153153 125 (i) the term “registrar” means the registrar of motor vehicles, established pursuant to
154154 126chapter 90; and
155155 127 (j) the term “secretary” means the secretary of MassDOT.
156156 128 Section 2. Creation of the Massachusetts Transportation and Environment Equity Fund.
157157 129 There shall be established and set up on the books of the commonwealth a separate fund,
158158 130to be known as the Massachusetts Transportation and Environment Equity Fund (in this chapter
159159 131referred to as the “Fund”), consisting of amounts credited to the fund in accordance with section
160160 1323. The Fund shall be administered in accordance with the provisions of this chapter by the state
161161 133treasurer and shall be held in trust exclusively for the purposes and the beneficiaries described
162162 134herein. The state treasurer shall be treasurer-custodian of the Fund and shall have the custody of
163163 135its moneys and securities.
164164 136 Section 3. The Massachusetts Transportation and Environment Equity Fund. 8 of 28
165165 137 (a) The following receipts shall be credited to, and deposited by the state treasurer into
166166 138the Fund and used in accordance with this section:
167167 139 (1) The proceeds from $0.02 per gallon of the fee collected in the previous fiscal year,
168168 140pursuant to chapter 21J of the General Laws.
169169 141 (2) The green fee.
170170 142 (3) The emissions fee.
171171 143 (4) The car rental fee.
172172 144 (5) The parking rental fee.
173173 145 (6) The proceeds from the commercial truck toll, as described in section 13(d) of chapter
174174 1466C.
175175 147 (b) In accordance with section 7 of this chapter, the local project receipts shall be credited
176176 148to, and deposited by the state treasurer in the Fund and shall be kept in segregated accounts for
177177 149each project to be used in accordance with this chapter.
178178 150 Section 4. Capital Investment Projects.
179179 151 (a) In General. Notwithstanding any General Law or special law to the contrary, the
180180 152secretary shall annually rank all projects contained in MassDOT’s capital investment program.
181181 153The secretary shall group said projects into 2 groups in accordance with subsection (b).
182182 154 (b) Project Groupings. 9 of 28
183183 155 (1) The first group of ranked projects, as defined in subsection (a), shall include those of
184184 156said projects that would provide new rail service to a city or town in the commonwealth that does
185185 157not have a commuter rail stop within its borders or, if a project would establish new stations in
186186 158more than one city or town, those projects that would provide new subway or commuter rail
187187 159service to cities or towns in the commonwealth half or more of whom do not have a subway or
188188 160commuter rail stop within their borders.
189189 161 (2) The second group of ranked projects, as defined in subsection (a), shall include all
190190 162projects contained in said capital investment program that are not included in the first group, as
191191 163defined in paragraph (1). The secretary shall rank the projects within each group based on each
192192 164project’s performance relative to the other projects in that group on the following evaluation
193193 165criteria:
194194 166 (i) The cost effectiveness of air quality improvements which the capital investment
195195 167program predicts a project would achieve.
196196 168 (ii) The project’s projected cost per rider.
197197 169 (iii) The likely economic benefits of a project.
198198 170 (iv) The likelihood that a project will result in smart growth development, rather than
199199 171sprawl.
200200 172 (v) Whether a project would serve any environmental justice target, all as defined and
201201 173described in the capital investment program.
202202 174 (3) The secretary shall report said ranking of projects, described in paragraphs (1) and
203203 175(2), along with the secretary’s reasons therefore to the clerk of the senate and the clerk of the 10 of 28
204204 176house and the joint committee on transportation and the house and senate committees on
205205 177bonding, capital expenditures and state assets no later than January 31 of each year.
206206 178 Section 5. Project Notification and Reports.
207207 179 (a) The secretary shall notify the state treasurer and the clerks of the senate and of the
208208 180house in writing when the secretary determines—
209209 181 (1) that the Fund contains and is likely to continue to contain funds, less those funds
210210 182already committed to other projects but including those local project revenues dedicated to a
211211 183project pursuant to this chapter, necessary to cover—
212212 184 (i) the cost of the project ranked first in the first group, as described in section 4(b)(1) by
213213 185the secretary pursuant to section 4, less all other funds available to MassDOT to cover such cost,
214214 186calculated based on not less than 105 per cent of the debt service on all special obligation bonds
215215 187to be issued pursuant to section 17 that are required to cover the cost of such project; and
216216 188 (ii) the amount of any projected annual operating deficit determined by MassDOT,
217217 189calculated as the average of the projected operating deficits of the first 10 years of the project’s
218218 190operation; and
219219 191 (2) that all plans, approvals, licenses and permits necessary to begin construction of said
220220 192project are in MassDOT’s possession. Upon the sale of bonds by the state treasurer for a project
221221 193described herein, that project shall be removed from the secretary’s group rankings made
222222 194pursuant to section 4. 11 of 28
223223 195 (b) Subsequent to the first project having been removed from the secretary’s group
224224 196rankings pursuant to subsection (a), the secretary shall notify the state treasurer and the clerks of
225225 197the senate and of the house in writing when the secretary determines—
226226 198 (1) that the Fund contains and is likely to continue to contain funds, minus those funds
227227 199already committed to other projects but including those local project revenues dedicated to a
228228 200project pursuant to this chapter, necessary to cover—
229229 201 (i) the cost of either or both, if available funds exist, of the projects ranked first in
230230 202grouped projects, as described in section 4(b), by the secretary pursuant to section 4 less all other
231231 203funds available to MassDOT to cover such cost, calculated based on not less than 105 per cent of
232232 204the debt service on all special obligation bonds to be issued pursuant hereto that are required to
233233 205cover the cost of such project; and
234234 206 (ii) the amount of any projected annual operating deficit determined by MassDOT,
235235 207calculated as the average of the projected operating deficits of the first 10 years of the project’s
236236 208operation; and
237237 209 (2) that all plans, approvals, licenses and permits necessary to begin construction of said
238238 210project are in MassDOT’s possession. Upon the sale of bonds by the state treasurer for a project
239239 211pursuant hereto, that the project shall be removed from the secretary’s group rankings, as
240240 212described in section 4(b).
241241 213 (c) No later than 90 days after receiving said determination, the secretary shall certify to
242242 214the state treasurer that the secretary has received said determination and that said determination
243243 215meets the requirements of this chapter and shall name the next project to be funded. In making 12 of 28
244244 216this choice, the secretary shall continue to give preference, in the secretary’s discretion, to the
245245 217first group projects, as described in section 4(b)(1).
246246 218 (d) Determinations described in subsections (a) and (b), shall include —
247247 219 (1) project plans sufficiently complete to indicate the project’s boundaries, such land
248248 220acquisition, demolition and removal of structures, and such redevelopment and general public
249249 221improvements, as may be proposed to be carried out and proposed land uses including
250250 222preliminary project designs and a description of the project programs;
251251 223 (2) the proposed method for relocation of persons and organizations to be displaced by
252252 224the project, if any;
253253 225 (3) cost estimates of the project, including acquisition, and identification of parcels to be
254254 226acquired and the estimated cost thereof;
255255 227 (4) proposals for informing and communicating with the affected communities; and
256256 228 (5) a description of measures to mitigate environmental and neighborhood impacts of the
257257 229project and such other planning and urban design issues as MassDOT shall determine are
258258 230presented by the project.
259259 231 (e) MassDOT’s Right of Entry with Respect to Report Filings.
260260 232 (1) In connection with the preparation of the plans described in subsection (d) and
261261 233MassDOT’s exercise of its powers under this chapter, MassDOT and its authorized agents and
262262 234contractors may enter onto any properties and the improvements thereon and undertake
263263 235appraisals, surveys, environmental analyses and investigations, including subsurface 13 of 28
264264 236investigations, permitting analyses and investigations, and other investigations and analyses, for
265265 237the purpose of determining the value and condition of such properties.
266266 238 (2) Prior to any such entry pursuant to this subsection, MassDOT shall provide 20 days
267267 239written notice by certified mail to the owners of properties, as such owners are recorded in the
268268 240office of the city assessor.
269269 241 (3) Such entry, appraisals, surveys, analyses and investigations shall not be deemed a
270270 242trespass, a taking by eminent domain or an entry under any eminent domain or condemnation
271271 243proceedings.
272272 244 (4) MassDOT shall make reimbursement for any actual injury or actual damage resulting
273273 245to such properties and any improvements thereon from the entry, appraisals, surveys, analyses
274274 246and investigations authorized hereunder, and MassDOT shall, as far as possible, restore such
275275 247properties and the improvements thereon to their condition prior to such entry, appraisals,
276276 248surveys, analyses and investigations.
277277 249 (5) Without derogating from the foregoing, MassDOT is hereby authorized to exercise
278278 250the power of eminent domain as provided in section 11(d) of chapter 121B of the General Laws
279279 251in order to temporarily obtain access to properties and the improvements thereon for MassDOT
280280 252and its agents and contractors for the purpose of conducting the appraisals, surveys, analyses and
281281 253investigations authorized by this chapter. If MassDOT restores the properties and improvements
282282 254as required hereunder, the damages for the temporary taking hereby authorized shall be nominal
283283 255in the absence of extraordinary circumstances unique to particular properties.
284284 256 Section 6. In order to provide for a portion of the costs of each project and the payment of
285285 257the principal of and interest on special obligation bonds of the commonwealth issued pursuant 14 of 28
286286 258hereto, there is hereby established on the first day of the first full calendar year following the
287287 259notifications made by the secretary described in section 5 district improvement financing districts
288288 260in the city or town or any portion thereof that will receive one or more new stations or enhanced
289289 261service as part of said project and any portion of any other city or town designated by the
290290 262governor that is adjacent to a city or town that will receive one or more new stations or enhanced
291291 263service as part of said project, which shall operate in accordance with the provisions of section 1
292292 264of chapter 40Q.
293293 265 Section 7. Commencing on the first day of the first full calendar year following the
294294 266notifications by the secretary described in section 5, the receipts collected pursuant to section 6,
295295 267together with investment earnings thereon, shall be credited to, and deposited by the state
296296 268treasurer in the segregated account within the Fund created by the state treasurer for each project
297297 269pursuant to section 3. Notwithstanding section 35J of chapter 10, amounts described in this
298298 270section shall not be included in the computation of the amount to be deposited in the
299299 271Massachusetts Tourism Fund pursuant to said section 35J.
300300 272 Section 8. For all projects constructed pursuant to this chapter all construction employees
301301 273employed in the construction of said project shall be paid no less than the wage rate established
302302 274for such work pursuant to a project labor agreement with the appropriate labor organization or
303303 275labor organizations, which includes—
304304 276 (a) a uniform grievance and arbitration procedure for the resolution of work-related
305305 277disputes on job sites;
306306 278 (b) mutually agreeable uniform work rules and schedules for the project; and 15 of 28
307307 279 (c) an obligation for any such labor organization and its constituent members not to strike
308308 280with respect to work on such project, provided that it shall not be a precondition to the award of a
309309 281contract that a bidder have previously entered into a collective bargaining agreement with a labor
310310 282organization, but only that the bidder be willing to execute and comply with said project labor
311311 283agreement for the project if it is awarded a contract.
312312 284 Section 9. Expenditures of Fund Funds.
313313 285 (a) Expenditures from Fund funds not segregated pursuant to section 3 shall be made for
314314 286the following purposes only if and when the amounts available in each project’s segregated fund,
315315 287created pursuant to section 3, are inadequate to the meet the cost or operating costs of that
316316 288Project:
317317 289 (1) For the payment of the principal, including sinking fund payments and premium, if
318318 290any, and interest on special obligation bonds of the commonwealth issued pursuant hereto and on
319319 291notes issued in anticipation of such bonds for the relevant project.
320320 292 (2) For the maintenance of, or provision for, any reserves for debt service and other
321321 293capital and current expenses, including without limitation any capital reserve fund created for
322322 294such purpose, and for any additional security, insurance or other form of credit enhancement
323323 295required or provided for in any trust or other security agreement entered into pursuant to this
324324 296chapter to secure such bonds.
325325 297 (3) For direct expenditure for any cost of a project funded pursuant to this chapter and for
326326 298the operation, promotion and marketing thereof incurred by MassDOT. 16 of 28
327327 299 (b)  Should the secretary determine that amounts contained in the Fund exceed those
328328 300necessary to fund project costs, the state treasurer shall transfer at the direction of the secretary
329329 301up to $25,000,000 annually into the Regional Transit Authorities Forward Funding Trust Fund,
330330 302created by section 63A of chapter 10 of the General Laws.  After any such transfer, the secretary
331331 303may direct some or all of the balance of the Fund to MassDOT to cover costs incurred by
332332 304MassDOT for any purposes.
333333 305 Section 10. MassDOT Acquisition of Property.
334334 306 (a) MassDOT shall acquire all lands, properties, rights, air rights, sub-surface rights,
335335 307easements and other interests necessary to complete the projects.
336336 308 (b) Acquisition Authority.
337337 309 (1) For purposes of this section, MassDOT may take by eminent domain under chapter 79
338338 310or chapter 80A of the General Laws, or acquire by purchase, lease, gift, bequest, grant or
339339 311otherwise from any party, public or private, and hold, clear, repair, operate and, after having
340340 312taken or acquired the same, convey as provided in this chapter, any lands and other property, real
341341 313or personal, improved or unimproved, tangible or intangible, and any interest therein, including,
342342 314to the extent not inconsistent with federal law, railroad properties, necessary to complete the
343343 315projects, as stipulated in the reports to be produced pursuant to section 5, after a public hearing
344344 316of which the land owners of record have been notified by certified mail and of which at least 20
345345 317days’ notice has been given by publication in a newspaper having general circulation in the city
346346 318in which the land is located; provided, however, that no such taking or acquisition shall be
347347 319effected until 30 days after MassDOT has notified the land owner of record by certified mail and 17 of 28
348348 320has caused a notice of such determination to be published in a newspaper having general
349349 321circulation in the city in which the land is located.
350350 322 (2) The value of any lands or real property acquired by MassDOT by eminent domain
351351 323shall be reduced by the costs necessary to remediate the environment of said site.
352352 324 (3) To the extent not inconsistent with Federal law, the taking or other acquisition by
353353 325MassDOT of railroad rights of way or related facilities from any department, authority, agency
354354 326or political subdivision of the commonwealth, from any railroad company, or from any other
355355 327party, shall be exempt from the procedures, findings and requirements of section 7 of chapter
356356 328161C of the General Laws.
357357 329 (c) For purposes of any constitutional entitlement to damages in the event of a taking, all
358358 330properties and interests taken by MassDOT by eminent domain by any subdivision of the
359359 331commonwealth are being held by MassDOT in a governmental and not a proprietary capacity
360360 332and it is not the intent of this chapter to confer on MassDOT any rights to damages for such
361361 333taking. Any such taking of property shall be effective notwithstanding any inconsistent prior
362362 334public use. MassDOT may make relocation payments to persons and businesses displaced as a
363363 335result of carrying out a project and shall otherwise provide relocation assistance as provided in
364364 336chapter 79A and chapter 121B of the General Laws. To the extent not inconsistent with federal
365365 337law, if there is a taking or other acquisition of railroad lines, rights of way, easements or related
366366 338facilities from any party, MassDOT shall relocate such railroad lines.
367367 339 (d) MassDOT shall have all the powers necessary and convenient to carry out the
368368 340purposes of this chapter. Without limiting the generality of the foregoing, MassDOT may
369369 341exercise with respect to the projects and any property acquired in accordance with this section all 18 of 28
370370 342powers, and shall have all immunities, consistent with this chapter, granted to operating
371371 343agencies, as defined in chapter 121B of the General Laws or otherwise granted to MassDOT
372372 344under any General Law or special law.
373373 345 (e) MassDOT is hereby authorized and directed to prepare or cause to be prepared a
374374 346report in accordance with section 62B of chapter 30 of the General Laws for those of the projects
375375 347for which such a report has not yet been prepared or is no longer valid at the time required by
376376 348law. Notwithstanding the provisions of sections 62 to 62H, inclusive, of said chapter 30,
377377 349MassDOT may commence and undertake research, planning, design and other work necessary
378378 350for the projects and may engage an owner's representative, architects and engineers and a
379379 351construction manager therefore for each project individually, and MassDOT may take all actions
380380 352necessary or appropriate or required for acquisition of lands, air rights, sub-surface rights or
381381 353other property interests prior to the publication of a final environmental impact report pursuant to
382382 354this section and section 62C of said chapter 30; provided, however, that MassDOT shall not
383383 355record a notice of taking with respect to any lands or other property by eminent domain as
384384 356provided in this section until the secretary of energy and environmental affairs has issued a
385385 357notice of availability of a report submitted to said secretary in accordance with said section 62C
386386 358which demonstrates to the satisfaction of said secretary that a project may be carried out with
387387 359appropriate mitigation measures as may be necessary to minimize and prevent damage to the
388388 360environment.
389389 361 (f) MassDOT shall be excluded from the definition of an owner or operator of a project
390390 362with respect to releases of hazardous materials that occur before MassDOT acquires ownership
391391 363of any portion of a site pursuant to this chapter upon or from which such a release may occur as
392392 364if MassDOT were a city or town that has purchased or taken such land for the nonpayment of 19 of 28
393393 365taxes, in accordance with the definition of "owner" or "operator" contained in paragraph (d) of
394394 366section 2 of chapter 21E of the General Laws; provided, however, that MassDOT complies with
395395 367all of the requirements set forth in paragraphs (d)(2) and (d)(3) of said section 2 of said chapter
396396 36821E, except that MassDOT shall have no obligation to comply with subsection (d)(3)(F) of said
397397 369section 2 of said chapter 21E.
398398 370 Section 11. MassDOT Requirements.
399399 371 (a) No person shall be precluded by chapters 7 or 268A of the General Laws from
400400 372participating by contract or otherwise in the activities of the commonwealth or MassDOT with
401401 373regard to the planning, acquisition, construction and operation of a project contained in this
402402 374chapter solely by reason of a financial interest, direct or indirect, in any contract or extension
403403 375thereof for services with respect to the project report or otherwise with respect to the
404404 376development of the project executed by such person with the commonwealth or MassDOT prior
405405 377to the effective date hereof. For purposes of the foregoing, MassDOT shall have all of the powers
406406 378granted to it by General Law or special law not inconsistent with this chapter. Each project shall
407407 379be exempt from compliance with applicable zoning codes and any regulations promulgated
408408 380thereunder.
409409 381 (b) MassDOT shall prepare quarterly reports for each project described by this chapter.
410410 382Said quarterly reports shall be submitted to the secretary of the executive office for
411411 383administration and finance, the house ways and means committee, the senate ways and means
412412 384committee, the clerk of the house and the clerk of the senate and posted on line on the MassDOT
413413 385website and shall include—
414414 386 (1) the total dollars expended on the project to date, 20 of 28
415415 387 (2) the number of contracts entered into to date;
416416 388 (3) the number of contracts entered into with minority businesses;
417417 389 (4) the number of contracts entered into with women-owned businesses;
418418 390 (5) the dollar value of contracts entered into with minority businesses;
419419 391 (6) the dollar value of contracts entered into with women-owned businesses;
420420 392 (7) the total number of employees working on the project; and
421421 393 (8) the total number of employees working on the project, broken down by race, ethnicity
422422 394and gender.
423423 395 Section 12. Upon the secretary’s certification of receipt of a determination made pursuant
424424 396to section 6, the state treasurer shall issue bonds in such amounts and at such time as the state
425425 397treasurer determines, after consultation with the secretary and MassDOT, necessary to meet the
426426 398expenditures required for the project which is the subject of said determination. Any such bonds
427427 399shall be special obligations of the commonwealth payable first from the project funds created
428428 400pursuant to section 7 to the extent available and second from the unsegregated funds described in
429429 401section 3.
430430 402 Section 13. The administration of the fees imposed under section 6 is hereby vested in the
431431 403commissioner of revenue. Said fees shall be collected by the municipal tax officials and remitted
432432 404to the department of revenue on a quarterly basis. All provisions of this chapter relative to
433433 405assessment, collection, payment, abatement, verification and administration, including penalties
434434 406and interest, shall, so far as pertinent, be applicable to the fees imposed by this chapter as though
435435 407they were taxes enumerated in section 2 of chapter 62C. 21 of 28
436436 408 Section 14. MassDOT or its successor shall pursue any Federal funds for which the
437437 409projects, or any portions thereof, are eligible and to seek or coordinate with partners where
438438 410warranted.
439439 411 Section 15. Regional Planning Agencies.
440440 412 (a) MassDOT shall choose a regional planning agency or agencies established pursuant to
441441 413chapter 40B to conduct corridor land use planning for the projects. Each regional planning
442442 414agency or agencies shall work with municipalities, state agencies and other stakeholders to
443443 415complete land use corridor plans. Each land use corridor plan shall include the necessary actions
444444 416to be taken by municipal or state government, including zoning and other bylaw changes, in
445445 417order to maximize the long term benefit of the expansion, preserve capacity added by the project,
446446 418promote sustainable economic and residential development, protect critical open space and other
447447 419natural resources, and mitigate environmental and neighborhood impacts, including sprawl and
448448 420gentrification.
449449 421 (b) MassDOT or its successor shall not begin construction on new rail stations to be
450450 422completed pursuant to chapter 161E until the secretary finds that the municipality in which the
451451 423station would be located has taken substantial actions to implement the applicable provisions and
452452 424requirements of the corridor land use plan and have taken actions to reasonably ensure ongoing
453453 425implementation of the plan after construction is complete.
454454 426 (c) One-tenth of one per cent of the cost of each project shall be used for corridor land
455455 427use planning pursuant to this section, and shall be allocated from the Fund to the regional
456456 428planning agencies identified by MassDOT for the purposes of corridor land use planning 22 of 28
457457 429pursuant to this section. Each regional planning agency receiving funds shall file a report with
458458 430MassDOT and the house and senate committees on ways and means detailing their activities.
459459 431 Section 16. The provisions of this chapter shall be deemed to provide an exclusive,
460460 432additional, alternative and complete method for the doing of the things authorized hereby and
461461 433shall be deemed and construed to be supplemental and additional to, and not in derogation of,
462462 434powers conferred upon MassDOT or its successor; provided, however, that insofar as the
463463 435provisions of this chapter are inconsistent with the provisions of any General Law or special law,
464464 436administrative order or regulation or any limitation imposed by a corporate or municipal charter,
465465 437the provisions of this chapter shall be controlling.
466466 438 Section 17. Bonding Authority.
467467 439 (a) To meet the expenditures necessary to carry out the provisions of section 2, the state
468468 440treasurer may issue and sell bonds of the commonwealth in any amount. Any such bonds shall be
469469 441special obligations of the commonwealth payable first from the project funds described in
470470 442section 7 to the extent available and second from the receipts described in section 3 to the extent
471471 443available.
472472 444 (b) Bonds of the commonwealth may be issued under authority of this section in such
473473 445manner and on such terms and conditions as the state treasurer, with the concurrence of the
474474 446secretary of administration and finance, may determine in accordance with the provisions of this
475475 447subsection and, to the extent not inconsistent with the provisions hereof, provisions of General
476476 448Law for the issuance of bonds of the commonwealth. Bonds may be secured by a trust agreement
477477 449or other security agreement entered into by the state treasurer, with the concurrence of the
478478 450secretary of administration and finance, on behalf of the commonwealth, which trust agreement 23 of 28
479479 451or other security agreement may pledge or assign all or any part of the local project receipts
480480 452credited to the fund pursuant to sections 3 and 6, and any other pledged funds as hereinafter
481481 453provided, and rights to receive the same, whether existing or coming into existence and whether
482482 454held or thereafter acquired, and the proceeds thereof. The state treasurer is further authorized,
483483 455with the concurrence of the secretary of administration and finance, to enter into additional
484484 456security, insurance or other forms of credit enhancement which may be secured on a parity or
485485 457subordinate basis with the bonds. A pledge in any such trust or other security agreement or credit
486486 458enhancement agreement shall be valid and binding from the time such pledge shall be made
487487 459without any physical delivery or further act, and the lien of such pledge shall be valid and
488488 460binding as against all parties having claims of any kind in tort, contract or otherwise, irrespective
489489 461of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the
490490 462trust or other security agreement or credit enhancement agreement in the records of the state
491491 463treasurer, and no filing need be made under chapter 106 of the General Laws. Any such trust
492492 464agreement, security agreement or credit enhancement agreement may establish provisions
493493 465defining defaults and establishing remedies and other matters relating to the rights and security
494494 466of the holders of the bonds or other secured parties as determined by the state treasurer, including
495495 467provisions relating to the establishment of reserves, the issuance of additional or refunding
496496 468bonds, whether or not secured on a parity basis, the application of the moneys and funds pledged
497497 469pursuant to such agreement, in this chapter referred to as pledged funds, and other matters
498498 470deemed necessary or desirable by the state treasurer for the security of such bonds, and may also
499499 471regulate the custody, investment and application of moneys.
500500 472 (c) As additional security for bonds of the commonwealth issued under authority of this
501501 473section, the state treasurer, with the concurrence of the secretary of administration and finance, 24 of 28
502502 474shall create and establish a special fund for each project, herein referred to as the Capital Reserve
503503 475Funds, within the Fund established under section 3  or otherwise under a trust or other security
504504 476agreement securing such bonds, and shall pay into the capital reserve funds any receipts
505505 477available for such purpose pursuant to section 3 and any other moneys appropriated and made
506506 478available for the purposes of such fund, any proceeds of such bonds to the extent determined by
507507 479the state treasurer, with the concurrence of the secretary of administration and finance, or as may
508508 480be provided in any such trust or other security agreement, and any other moneys available for
509509 481purposes of such fund as provided in this section, all of which shall be pledged funds for
510510 482purposes of this chapter.
511511 483 (d) All moneys held in the Capital Reserve Funds, except as hereinafter provided, shall be
512512 484used solely for the payment of the principal of bonds of the commonwealth issued under
513513 485authority of this section as the same mature, the purchase of such bonds, the payment of interest
514514 486on such bonds or the payment of any redemption premium required to be paid when such bonds
515515 487are redeemed prior to maturity; provided, however, that, moneys in the Capital Reserve Funds
516516 488shall not be withdrawn therefrom at any time in such amount as would reduce the amount of any
517517 489such fund to less than the maximum amount of principal and interest maturing and becoming due
518518 490in any succeeding fiscal year on all such bonds outstanding or such lesser amount as shall be
519519 491established by the state treasurer, with the concurrence of the secretary of administration and
520520 492finance, as necessary or appropriate to secure such bonds, in this chapter referred to as the
521521 493“capital reserve fund requirements”, except for the purpose of paying the principal of and interest
522522 494on such bonds maturing and becoming due and for the payment of which other receipts held in
523523 495the funds are not available. 25 of 28
524524 496 (e) Notwithstanding any provision of this chapter, the state treasurer may not issue bonds
525525 497of the commonwealth under authority of this section at any time if following such issuance the
526526 498balance on deposit in the Capital Reserve Funds would be less than the capital reserve fund
527527 499requirements with respect to all such bonds then outstanding.
528528 500 (f) If on the last day of any fiscal year during which any bonds of the commonwealth
529529 501issued under authority of this section are outstanding, the balance on deposit in the Capital
530530 502Reserve Funds shall be less than the capital reserve fund requirements as then calculated, after
531531 503deposit therein of all amounts available therefore in the funds or otherwise under the trust or
532532 504other security agreement securing such bonds, the motor fuel excise tax shall be increased and all
533533 505newly created revenue directed into the Fund until the balance of said capital reserve fund shall
534534 506again equal the capital reserve fund requirement as so certified by the secretary of administration
535535 507and finance; provided, however, that the total amount of the excise imposed pursuant to sections
536536 5083 and 3A of chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969
537537 509shall not exceed 14 per cent.
538538 510 (g) In order to increase the marketability of any bonds issued by the commonwealth
539539 511under authority of this section, and in consideration of the acceptance of payment for any such
540540 512bonds, the commonwealth covenants with the purchasers, and all subsequent holders and
541541 513transferees of any such bonds, that until all such bonds, including all bonds issued to refund such
542542 514bonds, and the interest thereon, shall be paid or, if earlier, shall be deemed paid within the
543543 515meaning of any trust or other security agreement or credit enhancement agreement securing the
544544 516same, that—
545545 517 (1) the receipts shall not be diverted from the purposes identified in this chapter; 26 of 28
546546 518 (2) no pledged funds shall be diverted from the funds established by section 3 or the
547547 519Capital Reserve Funds, except as provided in this chapter;
548548 520 (3) in any fiscal year of the commonwealth, unless and until an appropriation has been
549549 521made which is sufficient to pay the principal, including sinking fund payments, of and interest on
550550 522all such bonds and to provide for or maintain any reserves, additional security, insurance or other
551551 523form of credit enhancement required or provided for in any trust or other security agreement or
552552 524credit enhancement agreement securing any such bonds or notes, no pledged funds shall be
553553 525applied to any other use; and
554554 526 (4) so long as such revenues are necessary, as determined by the state treasurer in
555555 527accordance with any applicable trust or other security agreement or credit enhancement
556556 528agreement, for the purposes for which they have been pledged, the rate of any fees imposed by
557557 529this chapter or which may constitute pledged funds under this section shall not be reduced below
558558 530the amount in effect at the time of issuance of any such bond.
559559 531 (h) Any bonds issued under authority of this section, and any notes of the commonwealth
560560 532issued in anticipation thereof as hereinafter provided, shall be deemed to be investment securities
561561 533under chapter 106 of the General Laws, shall be securities in which any public officer, fiduciary,
562562 534insurance company, financial institution or investment company may properly invest funds and
563563 535shall be securities which may be deposited with any public custodian for any purpose for which
564564 536the deposit of bonds is authorized by law. Any such bonds and notes, their transfer and the
565565 537income therefrom, including profit on the sale thereof, shall at all times be exempt from taxation
566566 538by and within the commonwealth. 27 of 28
567567 539 Section 18. The state treasurer may borrow on the credit of the commonwealth such sums
568568 540of money as may be necessary for the purposes of meeting payments as authorized by chapter
569569 541161E in anticipation of the receipt of proceeds of special obligation bonds of the commonwealth
570570 542issued under the authority of section 17, and may issue and renew notes of the commonwealth
571571 543therefore, bearing interest payable at such time and at such rate as shall be fixed by the state
572572 544treasurer. Such notes shall be issued and may be renewed one or more times for such maximum
573573 545term of years, not exceeding 7 years, as the governor may recommend to the general court in
574574 546accordance with Section 3 of Article LXII of the Amendments to the Constitution; provided,
575575 547however, that all such notes shall be payable no later than 7 years after issuance. Notes and the
576576 548interest thereon issued under MassDOT of this section, notwithstanding any other provisions of
577577 549this chapter, shall be general obligations of the commonwealth.
578578 550 Section 19. This chapter shall be construed in all respects so as to meet all constitutional
579579 551requirements. In carrying out the purposes and provisions of this act, all steps shall be taken
580580 552which are necessary to meet constitutional requirements whether or not such steps are required
581581 553by statute.
582582 554 SECTION 4. Effective Date for Section 3. The provisions of section 3 shall take effect on
583583 555the first day of the first full calendar month following 30 days after the enactment this Act.
584584 556 SECTION 5. North South Rail Link.
585585 557 (a) Section 1 of chapter 161C of the General Laws, as appearing in the 2018 Official
586586 558Edition, is hereby amended by adding the following sentence:–
587587 559 “Furthermore, to carry out the purposes of this section, the Commonwealth of
588588 560Massachusetts shall preserve intact the right-of-way for the proposed North South Rail Link. 28 of 28
589589 561This right-of-way is extremely vulnerable to the impact of development and redevelopment
590590 562around the existing rail tracks and terminals. In addition, rail projects already in the planning and
591591 563construction phases will exceed the capacity of the South Station terminal. Preservation of the
592592 564right-of-way for the North-South Rail Link will assure that rail transportation can be enhanced or
593593 565expanded in our region.”.
594594 566 (b) Chapter 161C of the General Laws is hereby amended by inserting after section 8 the
595595 567following section: –
596596 568 “Section 9. The Massachusetts department of transportation, or its successor, shall
597597 569perform a study to specifically identify and map the necessary right-of-way to allow for the
598598 570construction of the proposed North South Rail Link connecting North Station to South Station.
599599 571This study must include particular reference to the Major Investment Study/Draft Environmental
600600 572Impact Report (EOEA#10270), prepared under the aegis of the executive office of environmental
601601 573affairs, which was concluded on March 31, 2003. A plan to preserve said right-of-way, once
602602 574identified, shall be determined and implemented immediately.”.
603603 575