Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4118 Latest Draft

Bill / Introduced Version Filed 09/07/2023

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HOUSE DOCKET, NO. 4555       FILED ON: 8/30/2023
HOUSE . . . . . . . . . . . . . . . No. 4118
The Commonwealth of Massachusetts
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PRESENTED BY:
Dylan A. Fernandes and Kip A. Diggs
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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 relative to restoring commuter rail to Cape Cod.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Dylan A. FernandesBarnstable, Dukes and Nantucket8/30/2023Kip A. Diggs2nd Barnstable8/30/2023Steven George Xiarhos5th Barnstable8/30/2023Christopher Richard Flanagan1st Barnstable9/6/2023 1 of 3
HOUSE DOCKET, NO. 4555       FILED ON: 8/30/2023
HOUSE . . . . . . . . . . . . . . . No. 4118
By Representatives Fernandes of Falmouth and Diggs of Barnstable, a petition (subject to Joint 
Rule 12) of Dylan A. Fernandes, Kip A. Diggs and others relative to establishing year-round 
daily commuter rail service to Cape Cod. Transportation.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to restoring commuter rail to Cape Cod.
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. (a) Notwithstanding any general or special law to the contrary, the 
2Massachusetts Department of Transportation, in collaboration with the Massachusetts Bay 
3Transportation Authority, hereinafter referred to as MBTA, shall conduct a feasibility study, 
4hereinafter referred to as the study, relative to establishing year-round, daily rail service between 
5the towns of Falmouth, Bourne, Barnstable, Yarmouth and Sandwich and the city of Boston via 
6the Cape Cod line, Hyannis Branch line and the Woods Hole Branch line. The study shall be 
7undertaken in consultation and collaboration, to the maximum extent possible, with the New 
8England District of the United States Army Corps of Engineers, and shall seek to complement 
9and improve upon the Cape Rail Study of 2021. 
10 (b) The study shall 	examine and evaluate the costs and opportunities related to providing 
11year-round, daily rail service between the towns of Falmouth, Bourne, Barnstable, Yarmouth and 
12Sandwich and the city of Boston including, but not limited to: 2 of 3
13 (i) the projected capital costs including the costs to upgrade the lines, signal systems, and 
14stations for commuter rail including specific costs to upgrade tracks to each town with existing 
15rail lines and costs to upgrade each station on Cape Cod;
16 (ii) the development of an operating and maintenance plan for commuter rail access to 
17Cape Cod towns;
18 (iii) the prospect of operating high-speed rail service on existing rights of way and other 
19operational issues including necessary upgrades to infrastructure;
20 (iv) the environmental and community impact estimates, especially on environmental 
21justice populations as defined in section 62 of chapter 30 of the General Laws;
22 (v) the availability of federal, state, local and private sector funding sources including 
23capital investments and ongoing operations and maintenance funding;
24 (vi) first and last mile connections within the Cape Cod rail system including Cape only 
25train routes;
26 (vii) specific costs of infrastructure upgrades necessary at Middleboro and other MBTA 
27stations to accommodate direct commuter rail access from Buzzards Bay to Boston;
28 (viii) any other effects deemed necessary by the MBTA in order to ensure a complete 
29report on the funding necessary to upgrade infrastructure for commuter rail access for Cape and 
30Island residents.
31 (c) The study shall determine all necessary steps the commonwealth must take to best 
32position itself for any available or potential federal funding. Further, the study shall consider the  3 of 3
33commuting patterns of residents within the service area when considering potential rail 
34schedules.
35 (d) The study shall 	determine the feasibility, benefits, opportunities and costs of assuming 
36ownership of the Cape Cod Canal Railroad Bridge from the United States Army Corps of 
37Engineers. The study shall also determine the feasibility, benefits, opportunities and costs of 
38replacing the Cape Cod Canal Railroad Bridge with a stationary bridge. 
39 (e) The Massachusetts Department of Transportation shall file a report on the findings 
40and determinations of the study with the clerks of the house and senate, the chairs of the house 
41and senate committees on ways and means and the house and senate chairs of the joint 
42committee on transportation not later than 9 months after the effective date of this act.
43 SECTION 2. Not later than 12 months after the effective date of this act, the MBTA shall 
44begin commuter passenger train service between Buzzards Bay station and South station via the 
45Cape Cod line. Train service shall occur year-round and, insofar as is feasible as determined by 
46the MBTA, schedules shall be aligned with the commuting patterns of the service areas. The 
47MBTA shall operate not less than 3 AM Peak trips and 3 PM Peak trips on this route each 
48weekday.