1 of 2 SENATE DOCKET, NO. 1762 FILED ON: 1/19/2023 SENATE . . . . . . . . . . . . . . No. 2277 The Commonwealth of Massachusetts _________________ PRESENTED BY: Susan L. Moran _________________ 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 increase regional transit accessibility in the Commonwealth. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Susan L. MoranPlymouth and BarnstableJoanne M. ComerfordHampshire, Franklin and Worcester1/26/2023Jack Patrick Lewis7th Middlesex1/30/2023Susannah M. Whipps2nd Franklin1/30/2023Vanna Howard17th Middlesex1/31/2023Carmine Lawrence Gentile13th Middlesex2/2/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Robyn K. KennedyFirst Worcester2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023John C. VelisHampden and Hampshire2/8/2023Anne M. GobiWorcester and Hampshire2/8/2023Brian M. Ashe2nd Hampden2/8/2023Mathew J. Muratore1st Plymouth2/10/2023John F. KeenanNorfolk and Plymouth2/15/2023Michael O. MooreSecond Worcester2/15/2023James B. EldridgeMiddlesex and Worcester2/15/2023Pavel M. PayanoFirst Essex2/15/2023Danillo A. Sena37th Middlesex3/1/2023 2 of 2 Carlos González10th Hampden3/1/2023Jason M. LewisFifth Middlesex3/2/2023Paul R. FeeneyBristol and Norfolk3/6/2023John J. CroninWorcester and Middlesex3/8/2023Michelle L. Ciccolo15th Middlesex3/8/2023Bruce E. TarrFirst Essex and Middlesex3/10/2023 1 of 5 SENATE DOCKET, NO. 1762 FILED ON: 1/19/2023 SENATE . . . . . . . . . . . . . . No. 2277 By Ms. Moran, a petition (accompanied by bill, Senate, No. 2277) of Susan L. Moran, Joanne M. Comerford, Jack Patrick Lewis, Susannah M. Whipps and other members of the General Court for legislation to increase regional transit accessibility in the Commonwealth. Transportation. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act to increase regional transit accessibility in the Commonwealth. 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. Subsection (d) of section 2ZZZ of Chapter 29 of the General Laws, as 2appearing in the 2020 Official Edition, is hereby amended by striking out clause (2) and inserting 3in place thereof the following clause:- 4 (2) Not less than $150,000,000 in each fiscal year to regional transit authorities organized 5under chapter 161B or predecessor laws; provided, however, that notwithstanding any special or 6general law to the contrary: (i) the transfer required by this clause shall be increased by the 7inflation index as defined in section 35T of chapter 10 for the preceding 12 months as certified 8by the comptroller annually on March 1; and (ii) no transfer required under this clause shall 9exceed 103 per cent of the transfer amount for the prior fiscal year. 10 SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after 11section 35T the following section:- 2 of 5 12 Section 35T.5. As used in this section, the following words shall, unless the context 13otherwise requires, have the following meanings: 14 ''Minimum revenue amount'', the dedicated revenue amount for fiscal year 2025 and for 15each fiscal year thereafter the amount credited to the Fund in the prior fiscal year, as certified by 16the comptroller on March 1 of each year, as set forth in subsection (b). 17 ''Dedicated revenue amount'', all monies received each fiscal year by the Transportation 18Infrastructure Enhancement Trust Fund as established by chapter 187 of the acts of 2016 equal to 1950 per cent of the surcharges assessed on transportation network companies, as defined in section 201 of chapter 159A1/2. 21 (a) There is hereby set up on the books of the commonwealth a separate fund to be 22known as the Regional Transit Authorities State and Local Contribution Fund, hereinafter called 23the Fund. There shall be credited to the Fund the dedicated revenue amount, provided that in any 24fiscal year the amount shall be not less than the minimum revenue amount as certified pursuant 25to subsection (b). Amounts in the Fund shall be held by the state treasurer or his designee as 26trustee and not on account of the commonwealth, and the state treasurer is hereby authorized and 27directed to disburse amounts in the Fund to the regional transit authorities organized under 28chapter 161B or predecessor laws, without further appropriation, upon the request, from time to 29time, of the administrator of each authority; provided, however, that no individual authority shall 30receive more than 1/15th of the amounts in the Fund in any given fiscal year. 31 (b) For the purposes of determining the amount to be credited to the Fund established 32pursuant to subsection (a), the comptroller shall on March 1 of each year beginning on March 1, 332024, certify the minimum revenue amount for the following fiscal year. On March 15 of each 3 of 5 34year beginning on March 15, 2024, the comptroller shall, after consultation with and based on 35projections of the department of public utilities, certify whether the dedicated revenue amount is 36projected to exceed the minimum revenue amount for the upcoming fiscal year. If the 37comptroller certifies that the projected dedicated revenue amount will be less than the minimum 38revenue amount, then the comptroller shall for the following fiscal year credit to the Fund 39amounts sufficient to meet the minimum revenue amount. If the comptroller certifies that the 40projected dedicated revenue amount will exceed the minimum revenue amount, then the 41comptroller shall for the following fiscal year credit to the Fund the dedicated revenue amount. 42On November 15 of each year beginning on November 15, 2024, the comptroller shall certify 43whether the dedicated revenue amount as of that date is projected to exceed the minimum 44revenue amount for the current fiscal year. If the comptroller certifies that the dedicated revenue 45amount is projected to be less than the minimum revenue amount, then the comptroller shall 46credit to the Fund amounts sufficient to meet the minimum revenue amount for that fiscal year. If 47the comptroller certifies that the dedicated revenue amount is greater than the minimum revenue 48amount, then the comptroller shall credit to the Fund the dedicated revenue amount. On April 1 49of each year beginning on April 1, 2025, the comptroller shall repeat the certification process 50required on November 15 and shall credit the appropriate amount to the Fund. 51 SECTION 3. Section 9 of Chapter 187 of the Acts of 2016 is hereby amended by deleting 52the words “Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 of the 53General Laws” and inserting in place thereof the following words:- 54 Regional Transit Authorities State and Local Contribution Fund established in section 5535T.5 of chapter 10 of the General Laws. 4 of 5 56 SECTION 4. Section 27 of chapter 161B, as appearing in the 2020 Official Edition, is 57hereby amended by striking the section in its entirety and replacing it with the following 58section:- 59 Section 27. There shall be a regional transit authority council for the purposes of 60coordination and sharing information and best practices in matters of security and public safety 61planning and preparedness, service delivery, cost savings, and administrative efficiencies. The 62council shall draft an annual report identifying funding, service and technical assistance needs as 63well as identifying service gaps, including gaps and barriers to 7-day a week service statewide, 64and opportunities, including opportunities for increased service within an RTA service area and 65cross RTA and MBTA services. The report shall be submitted to the secretary and to the Joint 66Committee on Transportation and the House and Senate Committees on Ways and Means. 67 Members of the council shall include the administrator of each authority established 68under section 14, two persons who are frequent riders of a regional transit authority appointed 69annually by the Massachusetts Association of Regional Planning Agencies on a revolving basis, 70and a member of a Regional Planning Agency outside of the core MBTA service area. The 71secretary shall be chairman of the council and the general manager of the Massachusetts Bay 72Transportation Authority shall be a non-voting member of the council. The council shall meet no 73less than once each calendar quarter or upon the request, with reasonable notice, of the secretary. 74 SECTION 5. Section 6A of chapter 6C of the General Laws, as so appearing, is hereby 75amended by striking out clause (8). 76 SECTION 6. Said section 6A of chapter 6C of the General Laws, as so appearing, is 77hereby amended by inserting at the end thereof, the following sentence:- 5 of 5 78 “The department shall not consider the farebox recovery ratio in funding decisions for 79transit authorities or funding formulas for contract assistance for transit authorities.”