Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3452 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3315 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3452
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William M. Straus
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to transportation safety reform within the Massachusetts Bay Transportation
13	13	Authority.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/20/2023 1 of 4
17	17	HOUSE DOCKET, NO. 3315 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3452
19	19	By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 3452) of
20	20	William M. Straus relative to transportation safety reform within the Massachusetts Bay
21	21	Transportation Authority. Transportation.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to transportation safety reform within the Massachusetts Bay Transportation
28	28	Authority.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1: Subsection (a) of section 12 of chapter 159 of the General Laws, as
32	32	2appearing in the 2020 Official Edition, is hereby amended by striking the subsection in its
33	33	3entirety and inserting in its place the following subsection:-
34	34	4 (a) The transportation or carriage of persons or property, or both, between points within
35	35	5the commonwealth by railroads, street railways, in this chapter called railways, electric railroads,
36	36	6and trackless trolleys, including express service and car service carried on, upon or rendered in
37	37	7connection with such railroads, railways, electric railroads, or trackless trolleys.
38	38	8 SECTION 2: Chapter 161A of the General Laws, as appearing in the 2020 Official
39	39	9Edition is hereby amended by inserting the following section:-
40	40	10 Section 7B (a) The chief safety officer (CSO) within the Massachusetts Bay
41	41	11Transportation Authority (MBTA) shall immediately notify the inspector general in writing of 2 of 4
42	42	12the existence of a documented critical disagreement between the CSO and the secretary of
43	43	13transportation, the MBTA general manager, deputy general manager, or the MBTA board of
44	44	14directors or an individual member thereof concerning an investigation, audit, or review. For the
45	45	15purposes of this section, a documented critical disagreement includes a disagreement involving
46	46	16the scope, manner, necessity, or thoroughness of an investigation, audit, or review. Failure of a
47	47	17party to comply with the good faith requests of the CSO shall constitute a documented critical
48	48	18disagreement. The writing shall contain: i) a summary of the investigation, audit, or review; ii)
49	49	19the nature of the disagreement between the CSO and the secretary, the general manager, the
50	50	20deputy general manager, or the board or an individual member thereof; iii) whether the matter
51	51	21under review presents a public safety risk, and if so, describe the nature of that risk; and iv) the
52	52	22CSO’s proposed recommendations, if any. Notification provided to the inspector general shall
53	53	23not be cause for dismissal or other retaliatory action taken against the CSO or any other person
54	54	24employed within the MBTA.
55	55	25 (b) The general manager shall not initiate termination proceedings against the chief safety
56	56	26officer without first producing and filing with the inspector general written findings
57	57	27demonstrating gross misconduct on the part of the chief safety officer. Termination of the chief
58	58	28safety officer shall not take effect without the consent of the inspector general and a ratification
59	59	29of the written findings by the MBTA board of directors.
60	60	30 SECTION 3: (a) For the purposes of this section, the following words shall, unless the
61	61	31context otherwise requires, have the following meanings: -
62	62	32 “Commuter rail”, transportation of passengers by rail in metropolitan and suburban areas
63	63	33on a regularly scheduled daily timetable, generally originating or terminating in the city of 3 of 4
64	64	34Boston, offering a variety of fare media generally based on distance travelled across specified
65	65	35price zones. Commuter rail shall not include transportation of passengers by rail to, from, and
66	66	36between the following rail stations: Newmarket; Uphams Corner; Four Corners/Geneva; Talbot
67	67	37Avenue; Morton Street; Blue Hill Avenue; Fairmount; and Readville, otherwise known as the
68	68	38Fairmount Line.
69	69	39 “Passenger rail”, transportation of passengers by rail between metropolitan areas within
70	70	40the commonwealth, not including commuter rail. Passenger rail shall not include heavy rail and
71	71	41light rail rapid transit services provided by the Massachusetts Bay Transportation Authority.
72	72	42 (b) The Massachusetts Bay Transportation Authority shall assign and transfer to the rail
73	73	43and transit division of the Massachusetts Department of Transportation all rights, title, interests,
74	74	44and obligations in the operating agreement with Keolis Commuter Services to provide commuter
75	75	45rail service.
76	76	46 (c) The Massachusetts Bay Transportation Authority shall make an inventory of all
77	77	47commuter rail assets, and shall transfer all such assets to the rail and transit division of the
78	78	48Massachusetts Department of Transportation.
79	79	49 (d) Notwithstanding any general or special law to the contrary, the rail and transit
80	80	50division of the Massachusetts Department of Transportation established by Chapter 6C of the
81	81	51General Laws, shall be the exclusive operator of commuter rail and passenger rail service in the
82	82	52commonwealth; provided that the rail and transit division may contract with private operators or
83	83	53the National Railroad Passenger Corporation for the provision of such service.
84	84	54 SECTION 4: Notwithstanding any general or special law to the contrary, the secretary of
85	85	55transportation who shall serve as chair, the chair of the commonwealth utilities commission, the 4 of 4
86	86	56director of the transportation division of the Department of Public Utilities, the general manager
87	87	57of the Massachusetts Bay Transportation Authority, the inspector general, the speaker and the
88	88	58minority leader of the House of Representatives, the president and the minority leader of the
89	89	59Senate or their respective designees shall convene a working group to produce a proposal and
90	90	60framework necessary to transfer state safety oversight of the Massachusetts Bay Transportation
91	91	61Authority from the Department of Public Utilities to the Office of the Inspector General, or in the
92	92	62alternative identify another suitable entity capable of assuming said state safety oversight. The
93	93	63working group shall consult with and seek the guidance of the Federal Transit Administration
94	94	64while developing the proposal. The proposal shall include at a minimum: i) identification of an
95	95	65entity suitable to assume responsibility for the oversight of safety at the MBTA with a clear
96	96	66mission statement detailing the entity’s responsibilities and obligations; ii) staffing and human
97	97	67resource plans to ensure the state safety oversight agency is adequately staffed and equipped to
98	98	68handle its oversight responsibilities as specified by federal regulation; iii) proposed regulations
99	99	69necessary to permit the state safety oversight agency to fulfill its obligations; iv)
100	100	70recommendations for legislative language necessary to create the entity or facilitate transfer of
101	101	71responsibilities; v) a proposed budget; and vi) a plan to seek federal certification and approval of
102	102	72the proposed transfer of state safety oversight agency responsibilities from the Department of
103	103	73Public Utilities to the selected entity. The working group shall be supported by staff from the
104	104	74Massachusetts Department of Transportation.
105	105	75 The working group shall file its proposal with the clerks of the house and senate, the
106	106	76house and senate committees on ways and means, and the joint committee on transportation no
107	107	77later than January 1, 2024 and such proposal shall be published on the department of
108	108	78transportation’s website.