Bill S.2023

Senate, No. 2023

[Senate, March 24, 2009 – Recommended new draft (Ways and Means) for Senate, No. 10.]

The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Nine

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An Act Modernizing the Transportation Systems of the Commonwealth.


 

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to reorganize and restructure transportation agencies in  the c ommonwealth to help address anticipated funding deficiencies, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.   Subsection (a) of s ection 8C of chapter 6A of the General Laws, inserted by section 6 of chapter 233 of the acts of 2008, is hereby amended by striking out the words “commissioner of highways” and inserting in place thereof the following words:- administrator of roads and bridges of the Massachusetts Surface Transportation Authority.

SECTION 1A.    Section 8C of  chapter 6A of the General Laws, inserted by section 6 of chapter 233 of the acts of 2008, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

(a) There shall be established a structurally deficient bridge improvement program coordination and oversight council. The council shall consist of a chair appointed by the governor, the secretary of administration and finance, the secretary of transportation, the secretary of energy and environmental affairs, the administrator of the division of roads and bridges of the Massachusetts Surface Transportation Authority, and the commissioner of capital asset management and maintenance, or their designees.

SECTION 2.   Said Chapter 6A of the General Laws is hereby further amended by striking out sections 19 and 19A , as mostly recently amended by section 1 of chapter 298 of the acts of 2008, and inserting in place thereof the following 3 sections:-

Section 19. (a) The executive office of transportation shall serve as the principal agency of the executive department for the following purposes: (1) developing, coordinating, administering and managing transportation policies, planning and programs related to design, construction and maintenance; (2) supervising and managing the organization and conduct of the business affairs of the departments, agencies, commissions, offices , boards and divisions, and other agencies within the executive office to improve administrative efficiency and program effectiveness and to preserve fiscal resources; (3) developing and implementing effective policies and programs to assure the coordination and quality of roadway, transit, airport and port infrastructure and security provided by the secretary and all of the departments, agencies, commissions, offices, boards, divisions, authorities and other entities within the executive office.

              (b) The following state agencies shall be within the executive office of transportation: the Massachusetts Aeronautics Commission; the government center commission established by section 1 of chapter 635 of the acts of 1960 ; and the registry of motor vehicles . The Massachusetts Surface Transportation Authority, Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Massachusetts Turnpike Authority and any duly established regional transportation authority shall also be within the executive office of transportation.

              (c) The governor shall appoint a secretary of transportation, who shall serve at the pleasure of the governor and shall act as the executive officer in all matters pertaining to the administration, management, operation, regulation, planning, fiscal and policy development functions and affairs of the departments, agencies, commissions, offices, boards, divisions, and other agencies within the executive office.

              (d) The secretary may: (1) operate and administer the programs of roadway design, capital improvement, development and planning through the other agencies within the executive office, as appropriate; (2) coordinate and supervise the administration of the executive office and its agencies to promote economy and efficiency and to leverage federal funding; (3) develop and administer a long-term state-wide transportation plan for the commonwealth, as provided for in subsection (f); (4) develop, based on a public hearing process, procedures to be used for transportation project selection; (5) establish criteria for project selection to be used in the procedures developed pursuant to clause (4); (6) enter into agreements with departments, agencies, commissions, offices, boards, divisions, authorities and other entities within the executive office to improve administrative efficiency and program effectiveness and to preserve fiscal resources; (7) pursuant to chapter 30A, make, amend and repeal rules and regulations for the management and administration of the executive office and agencies within the executive office; (8) execute all instruments necessary for carrying out the business of the executive office and its agencies; (9) acquire, own, hold, dispose of, lease and encumber property in the name of the executive office and its agencies; (10) enter into agreements and transactions with federal, state and municipal agencies and other public institutions and private individuals, partnerships, firms, corporations, associations and other entities on behalf of the executive office or its agencies; (11) apply for and accept funds, including grants, on behalf of the commonwealth in accordance with applicable law; (12) conduct research, surveys, experimentation, evaluation, design and development, in cooperation with the Massachusetts Surface Transportation Authority, and other governmental agencies and private organizations when appropriate, with regard to mass transportation facilities, equipment and services. The secretary may delegate any of the foregoing powers to an officer having charge of a department, office, division or other administrative unit within the executive office.                     (e) In exercising its powers under this section, the executive office shall have , as a primary goal , the reduction of greenhouse gas emissions, particulates and other pollutants.   The secretary shall collaborate with the executive office of environmental affairs, the bureau for environmental health within the department of public health and other state or federal agencies to reduce greenhouse gas emissions to the limits established in chapter 21N.

              (f)  (1) Every 5 calendar years, beginning not later than April 30, 2010,   the secretary of transportation shall, after conducting public hearings, prepare and publish in the Massachusetts Register a comprehensive state transportation plan for the 5 succeeding fiscal years, beginning with the period of fiscal year 2011 to 2015, inclusive. The plan shall be consistent with such priorities as may be established by legislation. Said plan shall be designed to ensure construction and maintenance of a safe, sound and efficient public highway, road and bridge system, to relieve congestion, to reduce greenhouse gas emissions, particulates and other pollutants, and to improve the quality of life in the commonwealth by promoting economic development and employment in the commonwealth by meeting, cost effectively, the diverse transportation needs of all residents of the commonwealth, including urban, suburban and rural populations. Said plan shall also include an engineering assessment to anticipate highway, road and bridge needs throughout the commonwealth as determined by objective engineering measurements of condition, safety and service. The secretary shall consult with the executive offices of environmental affairs and of economic affairs in the development of said plan. Said plan shall provide for meeting not less than 5 per cent annually of the estimated construction, reconstruction and repair needs of the public highways and bridges of the commonwealth, its counties, cities and towns, estimated as follows. Before the secretary publishes or updates said plan, the Massachusetts Surface Transportation Authority shall determine and certify to the secretary its estimate of the total value of all construction, reconstruction and repair needs of the commonwealth’s highway and bridge infrastructure. The total value estimate shall be based on satisfying current safety and maintenance standards of the Federal Highway Administration and the American Association of State Highway and Transportation Officials. The estimate shall be substantiated by documented objective engineering estimates which shall be made available for public review.

The executive office and the Massachusetts Surface Transportation Authority shall report annually , not later than February 1 , to the house and senate committees on ways and means and the joint committee on transportation on their compliance with the plan and their efforts to satisfy the 5 per cent requirement of the preceding paragraph.

(g) . There is hereby established within the executive office of transportation a healthy transportation compact.  The secretary of transportation and the secretary of health and human services shall cooperate and adopt best practices in order to increase efficiency to achieve positive health outcomes through the coordination of land use, transportation and public health policy.  The healthy transportation compact shall consist of the secretary of transportation, the secretary of health and human services, the secretary of energy and environmental affairs, the administrator of the Massachusetts Surface Transportation Authority’s division of roads and bridges, the administrator of the Massachusetts Surface Transportation Authority’s division of public transit, and the commissioner of public health, or their designees.

The secretary of transportation and the secretary of health and human services or their designees, shall serve as co-chairpersons of the compact.  The chairpersons shall convene and preside at meetings of the compact, determine the agenda of the compact, direct its work and as appropriate to particular subject matters, establish and direct subgroups of the compact, which shall consist exclusively of the compact’s members. The compact on healthy transportation shall:

( i ) promote inter-secretariat cooperation and the establishment of a healthy transportation policy for the commonwealth including appropriate mechanisms to minimize duplication and overlap of state and federal programs and services;

( ii ) develop a healthy transportation framework that increases access to healthy transportation alternatives that reduce greenhouse gas emissions, improves access to services for persons with mobility limitations and increases opportunities for physical activities;

( iii ) develop methods to increase bicycle and pedestrian travel, incorporate the principles, findings and recommendations of the Massachusetts bicycle transportation plan and establish a framework for implementation of the Bay State Greenway Network;

( iv ) develop and implement, in consultation with the bicycle and pedestrian advisory board established in section 11A of chapter 21A, administrative and procedural mechanisms, including the promulgation of rules and regulations, consistent with the most current edition of the MassHighway Project Development and Design Guide, or its successor, to encourage the construction of complete streets, so-called, designed and operated to enable safe access for pedestrians, bicyclists, motorists and bus riders of all ages to safely move along and across roadways in urban and suburban areas;

( v ) establish methods to implement the use of health impact assessments to determine the effect of transit projects on public health and vulnerable populations;

( vi ) facilitate access to the most appropriate, cost-effective transportation services within existing resources for persons with mobility challenges ;

( vii ) expand service offerings for the Safe Routes to Schools program;

( viii ) in the implementation of this section, explore opportunities and encourage the use of public-private partnerships with private and non-profit institutions ;

(i x ) seek to establish an advisory council with private and non-profit advocacy groups as the compact sees fit ;

( x ) institute a health impact assessment for use by planners, transportation administrators, public health administrators and developers; and

( xi ) develop and implement a method for monitoring progress on achieving the goals of this section and provide any other recommendations that would, in the judgment of the compact, advance the principles set forth in this section .

 

(2) The executive office shall establish a program for mass transportation consistent with this chapter. The program for mass transportation and any revisions thereto shall be submitted for comment and recommendation to the m ass t ransit a dvisory board not less than 60 days prior to the adoption thereof .  The executive office shall prepare a written response to reports submitted to it by the advisory board which response shall state the basis for any substantial divergence between the actions of the executive office and the recommendations contained in such reports of the advisory board. Said program shall be reviewed not less than every 5 years to evaluate the achievement of its aims and to re-evaluate its conformity with the provisions of this chapter.

Said program for mass transportation and any plans specified therein shall be implemented by the mass transportation capital investment program, including a rolling 5 -year plan. The capital investment program and plans of the executive office shall be based on an evaluation of the impact of each proposed capital investment on the effectiveness of the commonwealth’s transportation system, service quality standards, the environment, health and safety, operating costs, the prevention or avoidance of deferred maintenance and debt service costs. Capital investments that result in the greatest benefits with the least cost, transit commitments made in connection with the central artery project, capital improvements required under the Americans with D isabilities A ct, and capital expenditures for an ongoing schedule of maintaining the equipment and mass transportation facilities of the Massachusetts Bay Transportation Authority, or any successor agency , shall receive the highest priority under the capital investment program and plans.

The ongoing schedule of maintenance shall be designed to prevent the deferral of routine and scheduled maintenance, and shall be undertaken prior to investing in new facilities or service expansion, unless such investment is required by law or can be demonstrated to be cost-effective, environmentally beneficial or produce quantifiable savings.

The capital investment program shall be prepared on an annual basis, under the direction, control and supervision of the executive office. The program, including plans for each project funded therein, shall be available for public inspection and submitted to the authority, the joint committee on transportation and the senate and house committees on ways and means not later than 60 days prior to the start of the fiscal year.

The program for mass transportation, the capital investment program and the plans for each such project funded therein shall be developed in conjunction with other transportation programs and plans proposed by the executive office, including any plans of regional transit authorities established pursuant to chapter 161B. These programs shall be further developed in consultation and cooperation with the division of public transit, and in consultation with the department of housing and community development, the metropolitan area planning council, the executive office of environmental affairs and such other agencies of the commonwealth or of the federal government as may be concerned with said program and plans.

The plans for each project included in the capital investment program shall identify the purpose and intended benefits of each project, the total budget and timeline necessary to complete each project, the amount of the total which is budgeted for each project in the next fiscal year, the operating costs and savings, if any, anticipated to be incorporated in to the operating budget of the authority upon completion of each project, the proposed operating costs and costs of routine and scheduled maintenance associated with each project upon its completion, and the expected useful life of each project.

The capital investment program shall be based on a rolling 5 -year plan, updated annually, that establishes the priorities and cashflow needs of the capital borrowing program of the authority. The 5 year plan shall be accompanied by a timeline for the implementation of the projects and priorities established therein and comprehensive financial estimates of the capital and operating costs and revenues associated with each project established by the plan.

The executive office shall conduct a series of public meetings within 30 days of issuance of an initial draft of the capital investment program and shall submit a final capital investment program to the m ass t ransit advisory board, for its review, no t later than January 15 of each year.

The authority shall be responsible for th e architectural, engineering design, and the construction of mass transportation facilities and for the operation thereof.

(3)  The secretary, in consultation with the authority, shall adopt such rules, regulations and procedures, including public hearings, as are necessary and appropriate to provide the following parties the timely opportunity to participate in the development of major transportation projects, as defined by the secretary, and to review and comment thereon: ( i ) state, regional and local agencies and authorities affected by said projects; (ii) elected officials and riders or potential riders from cities and towns affected by said projects; (iii) other public and private organizations, groups and persons who are affected by said projects , and who have provided the secretary with reasonable notice of their desire to participate in the development of the design of said projects. In this paragraph , the words “timely opportunity” shall mean sufficiently early in the design process so as to permit comments to be considered prior to the final development , of or commitment to , any specific design for such project. Each project shall include plans for utility relocation or construction as a component of the initial design phase.

(4) Prior to the final approval of any transportation infrastructure project, including mass transit expansion or the construction of new roadways with a projected capital cost of more than $25,000,000, and prio r to expending any funds for the planning, design and construct ion of such a project, the s ecretary of t ransportation shall request that the administrator of the appropriate d ivision of the Massachusetts Surface Transportation Authority, in consultation with the c hief e xecutive o fficer of the a uthority,  prepare a fiscal analysis, including life cycle costs,  demonstrating that sufficient revenues exist or will be generated to operate and maintain in a state of good repair such a new transportation asset.  This analysis shall be also be submitted to the advisory board s of the respective division s of the Massachusetts Surface Transportation Authority. 

If any such project for the expansion of mass transit has a projected total cost in excess of $200,000,000, the s ecretary of t ransportation shall submit the analysis to the s ecretary of a dministration and f inance for a determination as to which costs, if any, will become part of the c ommonwealth’s plan of capital expenditures.  

              (g) Nothing in this chapter shall be construed to confer any powers or impose any duties upon the secretary with respect to the foregoing agencies and authorities except as expressly provided by law.

Section 19A.   (a) The executive office shall take such steps as may be necessary to provide for the development, promotion, preservation and improvement of an adequate, safe, efficient and convenient rail system for the movement of passengers and freight in the commonwealth. In carrying out the purposes of this chapter, the executive office shall seek to encourage and develop rail services which promote and maintain the economic well - being of citizens and which preserve the environment and the commonwealth’s natural resources.

              (b) The executive office , or the Massachusetts Surface Transportation Authority acting pursuant to paragraph (6) of subsection (d) , shall expend such funds as may be appropriated or otherwise made available for the acquisition, construction, preservation, rehabilitation, reconstruction or other improvement, whether directly, jointly or under contract with other public or private parties, of land and rail rights-of-way and related facilities or equipment, including but not limited to spurs, sidings and bridges, and for such other purposes including, without limitation, planning, engineering and administrative purposes, as are incidental thereto; provided , however , that any preservation, rehabilitation, reconstruction or other improvement of land or of a rail right-of-way and related facilities or equipment shall not be authorized prior to the acquisition of such land, right-of-way or related facilities or equipment.

Subject to any other applicable law s regarding the disposition and use of state property, the executive office may, in the course of exercising its responsibilities of property management of state-owned railroad rights-of-way pursuant to this chapter: (a) set fees for the processing of applications to lease, license or otherwise use such property; and (b) charge rent for same. S uch fees shall be based on the administrative costs necessary to process such applications. R ent shall be calculated as required under other applicable law s . Receipts from applications and rents shall be paid into the treasury of the commonwealth and may be expended, subject to appropriation, for the purpose of property management and maintenance on railroad properties owned by the executive office on behalf of the commonwealth.

              (c) The executive office or the Massachusetts Surface Transportation Authority , acting pursuant to paragraph (6) of subsection (d) , may enter into contracts or agreements to provide financial assistance, from such funds as may be provided for such purpose, for all or part of the costs of maintaining rail rights-of-way or related facilities or equipment, or operating rail services in the commonwealth.

S uch contracts or agreements shall be subject to the following limitations: ( i ) in determining whether such assistance is necessary or appropriate under this chapter with respect to an operating agreement with a private transportation company, and in determining the terms and conditions under which such assistance shall be given, the secretary shall review the transportation operations of such company and its affiliates and shall make a finding that such assistance will not permit the applicant company to make more than a reasonable return overall; and

(ii) any such assistance shall cover only those services which the secretary determines to be in the public interest.

              (d) The secretary, in addition to any other powers and duties conferred or imposed upon him by this chapter or any other general or special law, shall have the following powers and duties:

( i ) t o serve as the principal source of rail transportation planning for the commonwealth , and may conduct research, surveys, demonstration projects or studies in cooperation with federal, state, regional or local agencies or appropriate private parties for such purpose and shall be responsible for the preparation of continuing, comprehensive and coordinated rail transportation proposals, plans, programs and projects ; provided, however, that t he secretary shall submit the proposals, plans, programs and projects for such review or consideration by other governmental agencies as may be required by law or deemed appropriate by the secretary and shall prepare such plans and programs in coordination with related land use and other development plans, so far as practicable ;

( ii ) t o apply for, accept and expend on behalf of the commonwealth, any gift, loan or grant-in-aid from the federal government, any agency or instrumentality thereof, or from any foundation, private corporation, group or person, in furtherance of the purposes of this chapter ; provided, however, that t he secretary shall take all necessary action to secure any federal assistance which is or may become available to the executive office, any administrative unit thereof or authority within the executive office including , without limitation, filing applications for assistance, supervising the expenditure of federal grants or loans and making any determinations and certifications necessary or appropriate to the foregoing ; provided further that i f any federal law, administrative regulation or practice requires any action relating to such federal assistance to be taken by any department, agency or other instrumentality of the commonwealth other than the executive office, such other department, agency or instrumentality shall take all such action ;

( iii ) t o make and enter into any contract s or agreement s necessary or incidental to the performance and execution of the powers and duties of the executive office under this chapter or any general or special law provided, however that a ny party, public or private , including, without limitation, federal, state and local agencies, authorities or political subdivisions of the commonwealth, or private corporations or companies, may enter into any such contract or agreement, subject to applicable law s; provided further, that a ny such contract or agreement, if made with the Massachusetts Surface Transportation Authority , may include provision for the transfer to said a uthority of appropriations or other funds made available to the executive office under subsections (b) and (c) for the purpose of carrying out such contract or agreement ; and provided further, that; a ny contract or agreement made under this chapter, including, without limitation, contracts or agreements entered into by the executive office of administration and finance pursuant to subsection (c), shall include such provisions, terms or conditions as the secretary of transportation may deem necessary or appropriate ;

( iv ) t o acquire by eminent domain under chapter 79 , or by purchase, gift, devise, transfer, lease or otherwise, or to hold, lease, pledge, otherwise deal with, transfer, sell or dispose of real and personal property ;

( v ) To exercise all powers and do all acts or things necessary or convenient to carry out the purposes of this section ; and

( vi ) Without limitation of the foregoing, to delegate to the Massachusetts Surface Transportation Authority , on such terms and conditions as the secretary may prescribe, any power or duty conferred or imposed upon him by this section; provided, however; that any such delegation shall be in writing.

              (e) ( 1 ) To the extent not inconsistent with federal law, no railroad company which conducts or has conducted operations within the commonwealth shall sell, transfer or otherwise dispose of railroad rights-of-way or related facilities without first offering such rights-of-way or facilities for sale, transfer or disposition to either the executive office, acting on behalf of the commonwealth, or such other department, authority, agency or political subdivision of the commonwealth as may be designated by the executive office for the purpose of any such sale, transfer or disposition; provided, however, that such sale, transfer or disposition may be made by the railroad company to a party other than the executive office or its designee, but only if :

( i ) the executive office or its designee has notified the railroad company in writing of its rejection of such offer; or

( ii ) 90 calendar days have elapsed from the date on which such offer or a copy of such offer, as provided in paragraph (2) , is made to the executive office.

( 2 ) A railroad company shall make the offer required in paragraph (1) in writing and shall send such offer by certified mail to the secretary or his authorized designee . In the event that such offer is made to a designee, a notarized copy of such offer shall be sent by certified mail to the secretary . Any such offer shall include the price at which the company proposes to offer such rights-of-way or facilities to the commonwealth, and such other terms or conditions which the company proposes to include as part of such sale, transfer or disposition. The secretary or designee thereof shall notify such railroad company in writing and by certified mail of its acceptance or rejection of the offer within 90 calendar days of receipt of such offer and , in the event that the secretary’s designee sends such notice, the designee shall also send a notarized copy of such notice to the secretary . The executive office may notify any person that the conditions provided in clauses ( i ) and ( ii ) of paragraph ( 1 ) have been satisfied and t hat the commonwealth has declined to exercise its option to acquire the rights-of-way or facilities as provided in said paragraph (1) . Any such notice shall be binding on the commonwealth.

(3) A railroad company shall not offer to sell, transfer or otherwise dispose of railroad rights-of-way or facilities to any person on terms or conditions more favorable to said person than those offered to the commonwealth.

Section 19B. The secretary shall apply for, accept and expend, subject to appropriation, on behalf of the commonwealth, any gift, loan or grant-in-aid from the federal government, or any agency or instrumentality thereof , for demonstration projects and programs as may become available to the commonwealth for the purpose of energy conservation for improved transportation management systems or for improved transportation management systems.

SECTION 2A.   Section 53 of chapter 7 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting in line 6, after the words, “Turnpike Authority,” the following words:- “the Massachusetts Surface Transportation Authority”.

SECTION 3.   Said s ection 19 of said chapter 6A , inserted by section 2, is hereby further amended by striking out subsection (b) and inserting in place thereof the following:-

              (b) The following state agencies shall be within the executive office of transportation: the Massachusetts aeronautics commission; the government center commission established by section 1 of chapter 635 of the acts of 1960 ; and the registry of motor vehicles . . The Massachusetts Surface Transportation Authority, Massachusetts Bay Transportation Authority, the Massachusetts Port Authority and any duly established regional transportation authority shall also be within the executive office of transportation.

SECTION 4.   Said s ection 19 of said chapter 6A , inserted by section 2 is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection :-

              (b) The following state agencies shall be within the executive office of transportation: the Massachusetts aeronautics commission; the government center commission established by section 1 of chapter 635 of the acts of 1960 ; and the registry of motor vehicles . The Massachusetts Surface Transportation Authority, the Massachusetts Port Authority and any duly established regional transportation authority shall also be within the executive office of transportation.

SECTION 4A Section 104 of said chapter 6A, inserted by section 3 of chapter 303 of the acts of 2008, is hereby repealed.

SECTION 5.   Chapter 7 of the General Laws is hereby amended by adding the following 14 sections:-

Section 57.   As used in sections 57 to 70, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:- (a) “Affected jurisdiction” , any city or town, or other unit of government within the c ommonwealth in which all or part of a transportation facility is located or any other public entity directly affected by the transportation facility.

“Architectural and e ngineering s ervices” , : (1) professional services of an architectural or engineering nature, as defined by applicable state law , which are required to be performed or approved by a person licensed, registered or certified to provide such services as described in this definition ; (2) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration or repair of real property;  and (3) such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions and employees thereof may logically or justifiably perform, including:  studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals and other related services. 

“Authority” , the Massachusetts Surface Transportation Authority .

“Construction” , the process of building, altering, repairing, improving or demolishing any t ransportation f acility, including any structure, building or other improvements of any kind to real property.   “Construction” shall not include the routine operation, routine repair or routine maintenance of any existing t ransportation f acility, including structures, buildings or real property.

“Force majeure” , an uncontrollable force or natural disaster not within the power of the operator or the c ommonwealth.

“Contract” , any agreement, including a p ublic- p rivate a greement for the procurement, operation or disposal under sections 57 to 70, inclusive, of a t ransportation f acility by the a uthority.

“Contract m odification” , any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provisions of any contract accomplished by mutual action of the parties to the contract.

“Contractor” , any person having a contract with the a uthority under sections 57 to 70 , inclusive.

“Cooperative p urchasing” , procurement conducted by, or on behalf of, an a ffected j urisdiction.

“Design-build-finance-operate-maintain” , a project delivery method in which the a uthority enters into a single contract for design, construction, finance, maintenance and operation of a t ransportation f acility over a contractually defined period.  No public funds shall be appropriated to pay for any part of the services provided by the c ontractor during the contract period. 

“Design-build-operate-maintain” , a project delivery method in which the a uthority enters into a single contract for design, construction, maintenance and operation of a t ransportation f acility over a contractually defined period.  All or a portion of the funds required to pay for the services provided by the c ontractor during the contract period shall either be appropriated by the c ommonwealth or by the a uthority prior to award of the contract or secured by the c ommonwealth or by the a uthority through fare, toll or user charges.

“Design requirements” , the written description of the t ransportation f acility or service to be procured under sections 57 to 70, inclusive, including:

(1) required features, functions, characteristics, qualities and properties required by the a uthority;

(2) the anticipated schedule, including start, duration and completion; and

(3) estimated budgets as applicable to the specific procurement for design, construction, operation and maintenance ; provided, however, that design requirements may, include drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project.

“Independent p eer r eviewer s ervices” , additional a rchitectural and e ngineering services provided to the a uthority in design-build-operate-maintain or design-build-finance-operate-maintain procurements to confirm that the key elements of the professional engineering and architectural design provided by the contractor are in conformance with the applicable standard of care.

“Maintenance” , includes routine operation, routine maintenance, routine repair, rehabilitation, capital maintenance, maintenance replacement and any other categories of maintenance that may be designated by the a uthority.

“Material default” , failure of a c ontractor to perform any duties under a public-private agreement which jeopardizes delivery of adequate service to the public and remains unsatisfied after a reasonable period of time and after the operator has received written notice from the a uthority of the failure.

“Operate” , any action to operate, maintain, repair, rehabilitate, improve, equip or modify a t ransportation f acility, including the design and construction of repairs, improvements or modifications to a t ransportation f acility.

“Operator” , a private entity that has entered into a public-private agreement to provide d esign-build-finance-operate-maintain or d esign-build-operate-maintain services under sections 57 to 70, inclusive.

“Private entity” , a natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity or other business entity.

“Proposal development documents” , drawings and other design - related documents that are sufficient to fix and describe the size and character of a t ransportation f acility as to architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate to the applicable project delivery method.

“Public-private agreement” , the c ontract between a private entity and the a uthority that relates to the development, financing, maintenance or operation of a transportation facility subject to sections 57 to 70, inclusive.

“Request for p roposals” , all documents, whether attached to or incorporated by reference, utilized for soliciting proposals for a t ransportation f acilit y under sections 57 to 70, inclusive.

“Responsible b idder or o fferor ” , a person who has the capability in all respects to fully perform the c ontract requirements, and the integrity and reliability to assure good faith performance.

“Responsive b idder” , a person who has submitted a bid which conforms in all material respects to the i nvitation for b ids.

“Transportation facility” , new or existing highway, road, bridge, tunnel, overpass, ferry, airport, public transportation facility, terminal facility, vehicle parking facility, seaport facility, rail facility, intermodal facility or similar facility open to the public and used for the transportation of persons or goods, and any building , structure or networks of buildings, structures, pipes, controls and equipment that provide transportation services, including rolling stock and equipment, and any building, structure, parking area, appurtenances or other property needed to operate such facility that is subject to a public-private agreement.

“User fees” , the rate, toll, fee or other charges imposed by an operator or by the a uthority for use of all or part of a transportation facility.

“Utility” , a privately, publicly or cooperatively owned line, facility or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public.

Section 58.   (a) Notwithstanding any general or special law to the contrary, the board of directors of the authority, in conjunction with the special public-private partnership infrastructure oversight commission  established in section 70, may solicit proposals enter into contracts for d esign-build-finance-operate-maintain or d esign-build-operate-maintain services with that responsible and responsive offeror submitting the proposal that is most advantageous to the a uthority through the sale, lease, operation and maintenance of a transportation facility within the commonwealth ; provided, however, that such operation shall be in full compliance with all applicable requirements of federal, state and local law , including section 26 to 27 H, inclusive, of chapter 149 ; provided further , that any such contract shall not be subject to the competitive bid requirements set forth in sections 38A½ to 38O, inclusive, section 39M of chapter 30 , or sections 44A to 44M, inclusive, of chapter 149; and provided further, that each such contract shall be awarded pursuant to chapter 30B except for clause (3) of paragraph (b) and paragraphs (e) and (g) of section 6, clause (4) of section 13 and section 16 of said chapter 30B. 

(b) (1) In soliciting and selecting a private entity with which to enter into a public-private agreement for d esign-build-finance-operate-maintain or d esign-build-operate-maintain services, the a uthority shall utilize the following competitive sealed proposals procurement approach:

( 2 ) e ach r equest for p roposals for design-build-operate-maintain and design-build-finance-operate-maintain services:

(A) shall include design requirements;

(B) shall solicit proposal development documents; and

(C) may , if the a uthority determines that the cost of preparing proposals is high , considering the size, estimated price and complexity of the procurement:

( i ) prequalify offerors by issuing a r equest for q ualifications in advance of the r equest for p roposals; and

(ii) select a short list of responsible offerors prior to discussions and evaluations, provided that the number of proposals that will be short-listed is stated in the r equest for p roposals and prompt public notice is provided to all offerors as to which proposals have been short-listed; or

(iii) pay stipends to unsuccessful offerors ; provided , however, that the amount of such stipends and the terms under which such stipends shall be paid shall be included in the r equest for p roposals ;

( 3 ) a dequate public notice of the r equest for p roposals shall be provided;

( 4 ) p roposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation and   a r egister of p roposals shall be prepared by the a uthority and shall be open for public inspection after contract award ; and

( 5 ) ( A )               The r equest for p roposals shall state the relative importance of price and other factors and subfactors , if any.

( B ) Each r equest for p roposals for design-build-operate-maintain and design-build-finance-operate-maintain:

( i ) shall state the relative importance of : (1) demonstrated compliance with the design requirements ; (2) offeror qualifications ; (3) financial capacity ; (4) project schedule ; (5) elimination of existing public debt with respect to the t ransportation f acility ; (6) lowest user charges or price over the term of the design-build-operate-maintain and design-build-finance-operate-maintain c ontract ; and (7) other factors, if any;

(ii) shall, if the contract price is estimated to exceed $10,000,000, if the contract period of operations and maintenance is 5 years or longer, or if circumstances established by the a uthority, require each offeror to identify an i ndependent p eer r eviewer whose competence and qualifications to provide such services shall be an additional evaluation factor in the award of the contract ; and

(iii) shall not include, as an evaluation factor in the award of the contract , the amount, if any, paid by a contractor to the a uthority f or procurement using design-build-operate-maintain and design-build-finance-operate-maintain .

( 6 ) As provided in the r equest for p roposals, and under regulations issued by the a uthority, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.  Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors .

( 7 ) Award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the a cquiring a gency , taking into consideration the price and the evaluation factors set forth in the r equest for p roposals.  No other factors or criteria shall be used in the evaluation.  The contract file shall contain the basis upon which the award is made.  Written notice of the award of a contract to the successful offeror shall be promptly provided to all offerors .

( 8 ) The a uthority may provide debriefings that furnish the basis for the source selection decision and contract award.

(c) (1) A private entity may request a review, prior to submission of a solicited proposal, by the a uthority of information that the private entity has identified a s confidential or proprietary to determine whether such information is subject to disclosure under section 10 of chapter 66  or clause twenty-sixth of section 7 of chapter 4 .

(2) The a uthority shall take appropriate action to protect confidential or proprietary information that a private entity provides as part of a solicited proposal and that is exempt from disclosure under said section 10 of chapter 66 and said clause twenty-sixth of said section 7 of aid chapter 4 .

Section 59. (a) The r equest for p roposals shall contain the proposed form of c ontract or p ublic- p rivate a greement to be executed between the successful o fferor and the a uthority upon a ward, and shall have been approved as to content and form by the s pecial p ublic- p rivate i nfrastructure o versight c ommission and by the a uthority before the r equest for p roposals is issued, pursuant to section 58.  The i nspector g eneral and the a ttorney g eneral shall have 30 days from the receipt of a draft of the proposed form of c ontract to notify the s pecial p ublic- p rivate i nfrastructure o versight c ommission in writing of any material objections to the draft form of c ontract. Before issuing any r equest for p roposal, the a uthority shall prepare a written response to reports submitted to it by the s pecial p ublic- p rivate i nfrastructure o versight c ommission which response shall state the basis for any substantial divergence between the actions of the a uthority and the recommendations contained in such reports of said commission.  The a uthority and the successful o fferor shall only make non-material changes in the content and form of the p ublic- p rivate a greement contained in the r equest for p roposals.

( b ) (1) After selecting a solicited or unsolicited proposal for a public-private initiative, the a uthority shall enter into the p ublic- p rivate a greement for the subject transportation facility with the selected private entity.

(2) An affected jurisdiction may be a party to a public-private agreement entered into by the a uthority and a selected private entity or combination of private entities.

( c ) A public-private agreement under sections 57 to 70, inclusive, shall provide for the following:

(1) the planning, acquisition, engineering, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing or operation of a transportation facility including provisions for the replacement and relocation of utility facilities ;

(2) the term of the public-private agreement, which shall not exceed 50 years without written approval of the governor;

(3) the type of property interest, if any, the private entity shall have in the transportation facility;

(4) a description of the actions the a uthority may take to ensure proper maintenance of the transportation facility;

(5) whether user fees will be collected on the transportation facility and the basis by which such user fees shall be determined and modified;

(6) compliance with applicable Federal, s tate and local laws;

(7) grounds for termination of the public-private agreement by the a uthority or operator;

(8) procedures for amendment of the agreement by mutual agreement and for changes in the agreement by written order from the a uthority.

(9) review and approval by the a uthority of the operator’s plans for the development and operation of the transportation facility;

(10) inspection by the a uthority and the i ndependent p eer r eviewer of the design and construction of , or improvements to , the transportation facility;

(11) maintenance by the operator of a policy of liability insurance or self-insurance reasonably acceptable to the a uthority;

(12) filing by the operator, on a periodic basis, of appropriate financial statements in a form acceptable to the a uthority;

(13) filing by the operator, on a periodic basis, of traffic reports, service quality standards as defined in section 3 of chapter 81D, ridership reports, on time performance reports, or other reports identified by the a uthority, in a form acceptable to the a uthority;

(14) financing obligations of the operator and the a uthority;

(15) apportionment of expenses between the operator and the a uthority;

(16) the rights and duties of the operator, the a uthority, and other s tate and local governmental entities with respect to use of the transportation facility;

(17) the rights and remedies available in the event of default or delay;

(18) the terms and conditions of indemnification of the operator by the a uthority, as required by applicable law;

(19) assignment , subcontracting or other delegation of responsibilities of the operator or the a uthority under the agreement to third parties, including other private entities and other s tate agencies;

(20) sale or lease to the operator of private property related to the transportation facility;

(21) if , and how , the parties shall share costs of development of the project;

(22) if , and how , the parties shall allocate financial responsibility for cost overruns;

(23) liability for nonperformance;

(24) any incentives for performance;

(25) any accounting and auditing standards to be used to evaluate progress on the project;

(26) any plans to obtain a labor and material payment bond, in accordance with section 29 of chapter 149 of the General Laws, covering all construction, reconstruction, or maintenance, including capital maintenance, work of the project and require the payment of prevailing wages for labor performed on the project in accordance with sections 26 to 27H, inclusive, of said chapter 149 ;

( 27) any plans for labor harmony for the entire term of the agreement, including construction, reconstruction and capital and routine maintenance and adequate remedies to address the operator’s failure to maintain labor harmony which shall include, but not be limited to, assessment of liquidated damages and contract termination.

( 2 8 ) traffic enforcement and other policing issues, subject to section 66  including any reimbursement by the private entity for such services; and

( 2 9 ) other terms and conditions.

Section 60.    Upon the end of the term of the p ublic- p rivate a greement or in the event of termination of the public-private agreement, the authority and duties of the operator shall cease, except for any duties and obligations that extend beyond the termination as provided in the public-private agreement, and all the rights, title and interest in such transportation facility sh all revert to the a uthority and shall be dedicated to the a uthority for public use.

Section 61. (a) Upon the occurrence and during the continuation of a material default by an operator , not caused by an event of force majeure, and upon the failure by the c ontractor or its financing institution on the c ontractor’s behalf, to cure such material default within 30 days of written notice of such default by the a uthority, the a uthority may:

(1) elect to take over the transportation facility, including the succession of all right, title and interest in the transportation facility; and

(2) terminate the public-private agreement and exercise any other rights and remedies available.

(b) In the event that the a uthority elects to take over a transportation facility under subsection (a), the a uthority:

(1) shall make interim payments, on behalf of the c ontractor and for the c ontractor’s account, of any amounts subject to a mechanics lien laws of the c ommonwealth ;

(2) may develop and operate the transportation facility, impose user fees for the use of the transportation facility, and comply with any service contracts; and

(3) may solicit proposals for the maintenance and operation of the transportation facility under section 58.

Section 62. (a) (1) The a uthority may issue and sell bonds or notes of the a uthority for the purpose of providing funds to carry out sections 57 to 70, inclusive, with respect to the development, financing or operation of a transportation facility or the refunding of any bonds or notes, together with any costs associated with the transaction.

(2) Any bond or note issued under this section:

(A) constitutes the corporate obligation of the a uthority;

(B) shall not constitute a debt of the c ommonwealth within the meaning or application of the constitution of the commonwealth ; and

(C) shall be payable solely as to both principal and interest from:

( i ) the revenues from a lease to the a uthority, if any;

( ii ) proceeds of bonds or notes, if any;

(iii) investment earnings on the proceeds of bonds or notes; or

(iv) other funds available to the a uthority for such purpose.

(b) (1) For the purpose of financing a transportation facility, the a uthority and operator may apply for, obtain, issue and use private activity bonds available under any Federal law or program.

(2) Any bonds , debt, other securities or other financing issued for the purpose s of sections 57 to 70, inclusive, shall not be considered a debt of the c ommonwealth or any political subdivision thereof s tate or a pledge of the faith and credit of the s tate or any political subdivision of the commonwealth .

(c) Nothing in this section shall limit a local government or any authority of the c ommonwealth to issue bonds for transportation projects.

Section 63.   (a) (1) The a uthority may accept from the United States or any of its agencies funds that are available to the commonwealth for carrying out sections 57 to 70, inclusive, whether the funds are made available by grant, loan or other financial assistance.

              ( 2 ) The a uthority may enter into agreements or other arrangements with the United States or any of its agencies as may be necessary for carrying out the purposes of sections 57 to 70, inclusive.

(b) The a uthority may accept from any source any grant, donation, gift, or other form of conveyance of land, money, other real or personal property, or other item of value made to the commonwealth or the a uthority for carrying out the purpose of sections 57 to 70, inclusive.

(c) Any transportation facility may be financed in whole or in part by contribution of any funds or property made by any private entity or affected jurisdiction that is party to a public-private agreement under sections 57 to 70, inclusive.

(d) The a uthority may combine Federal, s tate, local and private funds to finance a transportation facility under sections 57 to 70 , inclusive.

Section 64.   (a) Section 9 of c hapter 81B shall apply to:

(1) a transportation facility; and

(2) tangible personal property used exclusively with a transportation facility that is :

(A) owned by the a uthority and leased, licensed, financed or otherwise conveyed to an operator; or

(B) acquired , constructed or otherwise provided by an operator on behalf of the a uthority.

S ection 65.   The a uthority may exercise the power of eminent domain to acquire property, rights of way or other rights in property for transportation projects that are part of a public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services.

S ection 66. (a) L aw enforcement officers of the commonwealth and of an affected local jurisdiction shall have the same powers and jurisdiction within the limits of a transportation facility as they have in their respective areas of jurisdiction and access to the transportation facility at any time for the purpose of exercising such powers and jurisdiction.

(b) The traffic and motor vehicle laws of the commonwealth and , if applicable, any local by-laws or ordinances shall apply to a transportation facility .

Section 67.   An operator under sections 57 to 70, inclusive, and any utility whose facility is to be crossed or relocated shall cooperate fully in planning and arranging the manner of the crossing or relocation of the utility facility. T his section shall not limit or otherwise affect the right of such utility to compensation for such relocation to the extent provided by law.

Section 68. Nothing in sections 57 to 70, inclusive, shall limit any waiver of the sovereign immunity of the c ommonwealth or any officer or employee of the c ommonwealth with respect to the participation in or approval of all or any part of the transportation facility or its operation.

Section 69. The a uthority may adopt rules and regulations to carry out sections 57 to 70, inclusive.

Section 70.   There shall be established a special public-private partnership infrastructure oversight commission to comment on and approve all r equests for p roposals for design-build-finance-operate-maintain or design-build-operate-maintain services, pursuant to section 59. 

The commission shall have 7 members, none of whom shall be employees of the executive branch, members of the g e neral c ourt or employees of the l egislature . The members shall include : 3 members who shall reside in different geographic regions of the commonwealth , to be appointed by the gover nor to terms of 2 years;   1 member, to be appointed by the president of the senate to serve a term of 2 years; 1 member, to be appointed by the speaker of the house of representatives to serve a term of 2 years; 1 member , to be appointed by the treasurer who shall not be an employee of the department of the state treasurer to serve a term of 2 years; and 1 representative from the Massachusetts Organization of State Engineers and Scientists, to serve a term of 2 years.    Each of the members of the commission shall be an expert with experience in the fields of transportation law, public policy, public finance, management consulting, transportation or organizational change.  One of the members appointed by the governor shall be an expert in the field of public finance.  One of the members appointed by the governor shall be an expert in the field of transportation.  One of the members appointed by the governor shall be the president of the Massachusetts AFL-CIO, or his designee.  One of the members shall be appointed by the governor to serve as chairperson of the commission. The members appointed by the governor may be eligible for reappointment ; provided , however , that no member appointed by the governor may serve more than 3 terms. 

Whenever the a uthority notifies the commission of its intent to issue a r equest for p roposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the a uthority shall submit a draft of the r equest for p roposal to the commission for its review and approval.  As provided in section 58, no r equest for p roposal shall be issued by the a uthority for a public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services without the commission’s written approval.  The commission shall provide an initial written response to the r equest for p roposal within 15 days.

For each r equest for p roposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the commission shall report on issues surrounding the r equest for p roposal, including , but not limited to: (1) the status of current employees ; (2) the policy and regulatory structure for overseeing a privately operated transportation facility and on-going legislative oversight ; (3) issues of taxation, profit-sharing and resolution of new revenue producing ideas ; (4) advertising and marketing ; (5) use of new technologies ; (6) lease terms and termination clauses ; (7) additional responsibilities by both the private infrastructure operator and the c ommonwealth during the lease period ; (8) the financial valuation of the commonwealth transportation facility; and (9) the anticipated advantages of entering into the anticipated public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services.

The commission’s written approval of a r equest for p roposal for design-build-finance-operate-maintain or design-build-operate-maintain services shall be deemed to satisfy the requirements of sections 52 to 55, inclusive, of chapter 7.

T he report shall be delivered within 30 days of the commission’s approval of a r equest for p roposal for design-build-finance-operate-maintain or design-build-operate-maintain services to the secretary for administration and finance, the house committee on ways and means, the senate committee on ways and means, the chairmen of the joint committee on transportation , and the state auditor . 

Whenever the comments and recommendations of the state auditor are required for any action by the authority, under sections 52 to 55, inclusive, of chapter 7 , that approval shall be deemed to have been granted within 30 days of submission thereof, unless the state auditor has communicated his disapproval to the authority, in writing.  The state auditor’s report shall include reasons why such proposed request for proposal is financially detrimental to the commonwealth and how the commission erred in its findings.

Any research, analysis or other staff support that the commission reasonably requires shall be provided by the Massachusetts Surface Transportation Authority.

 

SECTION 6 .   Chapter 10 of the General Laws is hereby amended by striking out section 35 T , as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-

Section 35T. As used in this section, the following words shall have the following meanings , unless the context otherwise requires :-

“Base revenue amount”, for fiscal year 2001 the amount of $645,000,000, and for each fiscal year thereafter the base revenue amount for the prior fiscal year multiplied by the inflation index for the preceding 12 months, as certified by the secretary of administration and finance, in consultation with the department of revenue, on March 1 of each year, beginning on March 1, 2001 as set forth in subsection (b); provided, however, that in no year shall the base revenue amount exceed 103 per cent of the base revenue amount applicable for the prior fiscal year; provided further, that if in any year the inflation index is less than 3 per cent but greater than the per cent increase in gross sales tax revenues received pursuant to chapters 64H and 64I in the preceding 12 months, excluding any portion of such taxes imposed on meals as defined in paragraph (h) of section 6 of said chapter 64H, the base revenue amount shall be adjusted by the same percentage increase in such gross sales tax revenues; provided further, that if in any year the per cent increase in s uch gross sales tax revenues is zero or less, the base revenue amount shall not be adjusted for the subsequent fiscal year.

“Dedicated sales tax revenue amount”, all monies received by the commonwealth equal to 1 per cent of the gross receipts of a sale as defined in chapter 64H and 1 per cent of the sales price of a purchase as defined in chapter 64I from that portion of the taxes imposed under said chapters 64H and 64I as taxes upon the sale and use at retail of tangible property or of services, and upon the storage, use or other consumption of tangible property or of services, including interest thereon and penalties , but not including any portion of such taxes imposed on the sale of meals as defined in paragraph (h) of section 6 of said chapter 64H.

“Inflation index”, the per cent change in inflation as measured by the per cent change in the consumer price index for all urban consumers for the Boston metropolitan area as determined by the bureau of labor statistics of the United States D epartment of L abor.

(a) There shall be credited to the Surface Transportation Trust Fund established in section 35LL : the dedicated sales tax revenue amount : provided , however, that in any fiscal year the amount shall be not less th an the base revenue amount as certified pursuant to subsection (b) t here shall also be credited all assessments received by the commonwealth pursuant to section 22 of chapter 81D.

Before the state treasurer disburses funds to the Massachusetts Surface Transportation Authority, the authority shall first certify that it has made provision in its annual budget pursuant to section 21 of chapter 81B for sufficient amounts to be available to meet debt service payments or other payments due under financing obligations including, without limitation, leases, reimbursement obligations, or interest exchange agreements, for which the commonwealth has pledged its credit or contract assistance or is otherwise liable or as to which the authority has covenanted to maintain net cost of service or contract assistance support. Upon such certification, all amounts in the f und shall be available for expenditure by the authority for any lawful purpose including , without limitation, payment of debt service on debt obligations issued by the authority, and may be pledged to secure debt of the authority in such manner and according to such priority as the authority may determine.

In order to increase the marketability of any bonds or notes of the authority which may be secured by or payable from amounts held in the f und, the sums credited to the f und in accordance with this subsection shall be impressed with a trust for the benefit of the authority and the holders , from time to time , of any such bonds or notes and, in consideration of the acceptance of payment for any such bonds or notes, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds or notes that while any such bond or note shall remain outstanding, and so long as the principal of or interest on any such bond or note shall remain unpaid, the sums to be credited to the f und shall not be diverted from the purposes identified herein and, so long as such sums are necessary, as determined by the authority in accordance with any applicable trust agreement, bond resolution or credit enhancement agreement, for the purposes for which they have been pledged, the rates of the excises imposed by said chapters 64H and 64I shall not be reduced below the dedicated sales tax revenue amount or the base revenue amount and the amount to be assessed on cities and towns pursuant to said section 9 of said chapter 161A shall not be reduced below $136,026,868 per fiscal year.

(b) For purposes of determining the amount to be credited to the f und , the secretary shall , on March 1 of each year beginning on March 1, 2001 , certify the base revenue amount for the following fiscal year. On March 15 of each year , beginning on March 15, 2001, the secretary shall, after consultation with and based upon projections of the department of revenue, certify whether the dedicated sales tax revenue amount is projected to exceed the base revenue amount for the upcoming fiscal year. If the secretary certifies that the projected dedicated sales tax revenue amount will be less than the base revenue amount, the comptroller shall for the following fiscal year credit to the f und amounts sufficient to meet the base revenue amount. If the secretary certifies that the projected dedicated sales tax revenue amount will exceed the base revenue amount, then the comptroller shall for the following fiscal year credit to the f und the sales tax revenue amount. On November 15 of each year , beginning on November 15, 2001, the secretary shall certify whether the dedicated sales tax revenue amount , as of that date , is projected to exceed the base revenue amount for the current fiscal year. If the secretary certifies that the dedicated sales tax revenue amount is projected to be less than the base revenue amount, then the comptroller shall credit to the f und amounts sufficient to meet the base revenue amount for that fiscal year. If the secretary certifies that the dedicated sales tax revenue amount is greater than the base revenue amount, then the comptroller shall credit to the f und the dedicated sales tax revenue amount. On April 1 of each year , beginning on April 1, 2002, the secretary shall repeat the certification process required on November 15, and the comptroller shall credit the appropriate amount to the f und.

SECTION 7 . Section 35U of said chapter 10 is hereby repealed.

SECTION 8 .   Chapter 10 of the General Laws is hereby amended by inserting after section 35KK , inserted by section 2 of chapter 442 of the acts of 2008, the following section :-

Section 35LL. There is hereby set up on the books of the commonwealth a separate fund to be known as the Surface Transportation Trust Fund ,.   There shall be credited to the f und all fees received by the registrar of motor vehicles pursuant to chapter 90, all tolls collected pursuant to subsection (j) of section 4 of chapter 81B, all contributions and assessments paid into the treasury of the commonwealth by cities, towns or counties for maintaining, repairing, improving and constructing ways, whether before or after the work is completed, all refunds and rebates made on account of expenditures on ways by the department, all receipts paid into the treasury of the commonwealth and directed to be credited to the Surface Transportation Trust Fund under section 35T, chapter 64A, 64E, 64F or any other applicable general or special law, all monies received by the commonwealth in satisfaction of claims by the commonwealth for damage to highway safety signs, signals, guardrails, curbing and other highway related facilities, and all receipts received by the state treasurer under the provisions of section 8 of chapter 10 on behalf of the registrar or for other surface transportation, as defined herein.

Before amounts are credited to the f und, all fees received from the issuance of veterans plates, pursuant to section 2 of chapter 90 , in excess of the fees set for the registration of the motor vehicle shall be paid by the registrar into the General Fund.  Remaining revenues shall then be used, subject to appropriation ;

(1) to carry out the law s relative to the use and operation of motor vehicles and trailers and for expenses authorized to administer the law relative to the taxation of the sales of gasoline and certain other motor vehicle fuel; and

(2) $2 from each motorcycle registration fee shall be paid by the registrar or by the person collecting the registration fee into the General Fund and shall be appropriated solely for the purpose of promoting and advancing motorcycle safety.

              The balance then remaining in the General Fund from the collection of such fees shall be transferred to the f und.  Annual receipts into the fund on account of any fiscal year shall be deemed to meet the full obligation of the commonwealth to the Massachusetts Surface Transportation Authority for such fiscal year. Amounts in the f und shall be held by the state treasurer or his designee as trustee and not on account of the commonwealth, and the state treasurer shall disburse amounts in the f und to the authority, without further appropriation, upon the request, from time to time, of the executive director of the authority.

The authority shall use the f und:

(a)    For expenditure, under the direction of the authority, for maintaining, repairing, improving and constructing municipal and county ways and bridges, sidewalks adjacent to such ways and bridges, bikeways and other projects eligible for funding as a transportation enhancement project as described in the Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240, salt storage sheds, bikeways and public use off-street parking facilities related to mass transportation, for engineering services and expenses related to highway transportation enhancement and mass transportation purposes, for care, repair, storage, replacement, purchase and long-term leasing of road building machinery, equipment and tools, for the erection and maintenance of direction signs and warning signs and for necessary or beneficial improvements to unpaved municipal and county ways together with any money which any municipality or county may appropriate for such purposes to be used on the same ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities. Such engineering services, including surveying services, shall be performed by only architectural, engineering or surveying firms prequalified by the authority; provided, however, that a municipality may seek a waiver of this requirement from the authority if the municipality demonstrates to the satisfaction of the authority that it is cost prohibitive to use a prequalified firm. Such ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities shall remain town or county ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities. No revenue credited to the f und shall be transferred from the f und to any other fund of the c ommonwealth for any other purpose. The authority shall withhold or withdraw the unexpended balance of any funds assigned by it under this subdivision if the municipality fails to comply with the official standards for traffic control established by the authority or with any provision of a traffic control agreement negotiated between the authority and a municipality , as required by the United States Secretary of Commerce under section 109 of Title 23 of the United States Code.

              (b) f or expenditure, under the direction of the authority, for maintaining, repairing and improving state highways and bridges, including highways and bridges managed until July 1, 2009 by the department of conservation and recreation, the turnpike and the metropolitan highway system, all as defined in chapter 81B;

              (c) f or expenditure, under the direction of the authority, in addition to federal aid payments received under section 49 of chapter 81C , for construction of state highways;

              (d) f or expenditure, under the direction of the authority, for engineering services and expenses, for care, repair, storage, replacement and purchase of road building machinery and tools, for snow removal, for the erection and maintenance of direction signs and warning signs and for the care of shrubs and trees on state highways, and for expenses incidental to the foregoing or incidental to the purposes specified in subdivisions (a), (b) or (c) of this clause;

              (e) t o meet interest, sinking fund and serial payments on all debts paid from highway fund receipts before July 1, 2009, including those paid in accordance with section 2O of chapter 29.

(g) f or contributions to regional transit authorities under section 23 of chapter 161B;

(h) f or expenditure for the operations of the division of public transit of the authority

( i ) f or expenditure, under the direction of the authority, for infrastructure improvements in mass transportation facilities throughout the commonwealth ; and

(j) f or expenditures to meet any remaining assistance requirements from the c ommonwealth to the Route 3 North Transportation Improvements Association outstanding as of July 1, 2009; provided that no new pledges of additional assistance to said Association shall be incurred after July 1, 2009.

Except as provided herein, revenues credited to the f und shall not be transferred to any other fund of the commonwealth for any purpose. 

SECTION 9 . Section 63 of said chapter 10 of the General Laws is hereby repealed.

SECTION 9A. Subsection (a) of s ection 63A of chapter 10 of the General Laws is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-

The executive office of transportation and public works shall disburse monies from the fund solely for the purpose of paying the costs of, or reimbursing the commonwealth or the Massachusetts Turnpike Authority or any successor agency or authority for costs incurred in connection with, repairs and maintenance of the central artery and the Ted Williams tunnel, as those terms are defined in section 3 of chapter 81B, if such repairs and maintenance relate to conditions not caused by ordinary or routine wear and tear.

SECTION 10.   Sections 1 to 4B, inclusive, and sections 13 and 14 of c hapter 16 of the General Laws are hereby repealed.

SECTION 10A.   Sections, 4C, 4D, 4E, 4F, and 4G of said chapter 16, inserted by section 6 of chapter 303 of the acts of 2008 are hereby repealed.

SECTION 11 .   S ection 1 of chapter 21 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in lines 33 and 36 the word “parkways” each time it appears.

SECTION 12 .   Section 11A of chapter 21A of the General Laws , as so appearing, is hereby amended by striking out in line 6 the words “commissioner of highways” and inserting in place thereof the following words:- administrator of roads and bridges .

              SECTION 13.   Section 3I of chapter 23A of the General Laws is hereby amended by inserting after the words “Authority” , each time it appears, the following words:-  or any successor agency,

SECTION 14 . Section 2O of chapter 29 of the General Laws is hereby repealed.

SECTION 1 5 .   Chapter 64A of the General Laws is hereby amended by striking out section 13 , as appearing in section 4 of chapter 233 of the acts of 2008, and inserting in place thereof the following section:-

Section 13. All sums received from the excise imposed on aviation fuel, and related penalties, forfeitures, interest, costs of suits and fines, less all amounts for reimbursement under sections 7 and 7A, shall be credited to the Surface Transportation Trust Fund , established in section 35LL of chapter 10, and may be used for airport development projects approved and carried out at airports and landing facilities under 49 U.S.C. App. s 2210; and all other sums received under the excise imposed in section 4, and relative penalties, forfeitures, interest, costs of suits and fines, less all amounts for reimbursement under said sections 7 and 7A, shall be credited to the Surface Transportation Trust Fund to be used for transportation-related purposes.

SECTION 1 6 .   Chapter 64E of the General Laws is hereby amended by striking out

S ection 13 , as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-

Section 13. All sums received under this chapter as excises, penalties, forfeitures, interest, costs of suits and fines shall be credited to the Surface Transportation Trust Fund , established in section 35KK of chapter 10, to be used for transportation-related purposes.

SECTION 1 7 .   Chapter 64F is hereby amended by striking out section 14 , as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-

Section 14. All sums received under this chapter as excises, penalties, forfeitures, interest, costs of suits and fines shall be credited to the Surface Transportation Trust Fund , established in section 35KK of chapter 10, to be used for transportation-related purposes. 

SECTION 18 .   Chapter 81 of the General Laws is hereby repealed.

SECTION 19 .   Chapter 81A of the General Laws is hereby repealed.

SECTION 20 .   The General Laws are hereby amended by inserting after chapter 81A the following 2 chapters:-

Chapter 81B

The Massachusetts SURFACE Transportation Authority

Section 1.   There is hereby created a body politic and corporate to be known as the Massachusetts Surface Transportation Authority which, shall be within the executive office of transportation, but not under the supervision and regulation of said executive office or any other department, commission, board, bureau or agency, except as specifically provided in any general or special law to the contrary.  The authority may subject to the provisions of this chapter, to own, construct, maintain, repair, reconstruct, improve, rehabilitate, finance, refinance, use, police, administer, control and operate the state highway system and the turnpike .

              The authority is hereby constituted a public instrumentality.  The exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function. S ection 3 of c hapter 12 shall apply to the a uthority.

Section 2.   The a uthority shall be managed by a board of 11 directors, 1 of whom shall be the s ecretary of t ransportation who shall serve as chairman of the board and shall not be additionally compensated for s uch service and 10 of whom shall be appointed by the governor.  Of these 10 appointments, 1 shall be the s ecretary for a dministration and f inance or his designee, who shall not be additionally compensated for s uch service.  None, except for the foregoing appointments, shall be members of the g eneral c ourt or employees of the e xecutive b ranch or employees of the l egislature.  One director shall be selected by the governor from a list of 3 candidates proposed by the Massachusetts Association of Regional Transit Authorities; 1 shall be selected by the governor from a list of 3 candidates proposed by the Massachusetts Association of Regional Planning Agencies, who shall represent a metropolitan planning organization; 2 shall be representatives of the service area of the Massachusetts Bay Transportation Authority , or any successor agency thereof , but only 1 of whom shall be from the c ity of Boston; 1 shall be an expert in the field of construction of transportation projects; 2 shall be experts in the field of public or private finance or accounting; 1 shall be a representative of an environmental organization or environmental public interest group; and 1 shall be an expert in the field of transportation law or organizational change .  No more than 6 of the 11 directors shall be memb ers of the same political party . Directors shall reside in different geographic regions of the c ommonwealth such that at least 1 director shall reside in Berkshire, Franklin, Hampshire or Hampden county, at least 1 director shall reside in Worcester county, one director shall reside in Middlesex or Essex county ; provided , however, that the director does not reside in a municipality that is a member of the Metropolitan Area Planning Council, 1 director shall reside in Plymouth, Barnstable, Dukes or Nantucket county, and 1 shall reside in either Bristol or Norfolk county  

No director shall have been a registered legislative agent , as defined in section 39 of chapter 3 for a period of at least 5 years prior to his appointment and no director shall have been employed by an organization that has business before the a uthority , or any predecessor agency or authority, for a period of at least 2 years prior to his appointment. 

Before entering upon the duties of his office, each member of the a uthority shall take an oath before the governor to administer the duties of his office faithfully and impartially and a record of such oath shall be filed in the office of the state secretary. 

Except for the chairperson, directors appointed after January 31, 2009 shall serve until June 30, 2011. After June 30, 2011, 6 directors shall serve a term of 2 years and 5 directors shall serve a term of 3 years.  Any director, except the chairman, may be removed for cause by the governor.  In the event of a vacancy, a successor shall be named in the same manner as the vacated director and such successor shall serve for the remained of the unexpired term.   A majority of the directors shall constitute a quorum but a majority vote of the entire membership shall be required to take any particular action. The directors shall meet monthly.  The directors shall serve without pay but each director shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties.

S ection 3 of chapter 12 shall not apply to the board of directors.  The authority may indemnify any member, officer or employee from personal expenses or damages incurred, arising out of any claim, suit, demand or judgment which arose out of any act or omission of such member, officer or employee, including the violation of the civil rights of any person under any federal law if, at the time of such act or omission such member, officer or employee was acting within the scope of his official duties or employment. 

Notwithstanding any other provision of this act, as soon as a quorum of the board of directors is appointed, the a uthority shall undertake the following:  ( i ) appointment of a c hief c xecutive o fficer whose term of employment shall not extend beyond 5 years at a time ; (ii), in coordination with the s ecretary of t ransportation, development of rules and regulations for the implementation of this act; (iii)  implement any powers or enact any rule and regulations to affect the implementation of this act. Until the appointment and qualification of the b oard of d irectors of the a uthority constituting a quorum of the board is achieved, the s ecretary of t ransportation , , may assume such rights and powers authorized by this section, with approval of the Governor.  , for a period not to exceed 90 days

Section 3.   As used in this chapter, chapter 81C and 81D, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Authority”, the Massachusetts Surface Transportation Authority established by section 1.

“Boston extension”, all roadways and tunnels for vehicular traffic that constitute that portion of interstate highway route 90 beginning at , and including , the interchange of interstate highway route 90 and state highway route 128 in the town of Weston and ending in the city of Boston at the interchange of interstate highway route 90 and interstate highway route 93 and such additional highway and bridge components as the general court may , from time to time , determine and including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for the safe and efficient operation and maintenance thereof or which are otherwise convenient or desirable to carry out the purposes of this chapter.

“Callahan tunnel”, the tunnel for vehicular traffic constructed under the provisions of chapter 598 of the acts of 1958 between the North End section of the city of Boston and the East Boston section of said city and including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such tunnel as are necessary for the safe and efficient operation and maintenance thereof or which are otherwise convenient or desirable to carry out the purposes of this chapter.

“Central artery”, all roadways and tunnels for vehicular traffic constructed by the highway department that constitute that portion of interstate highway route 93 beginning at a point immediately south of the Southampton street interchange, and continuing to and including the interchange of interstate highway route 93 and Massachusetts avenue in the South End section of the city of Boston and continuing to and including the interchange of interstate highway route 90 and interstate highway route 93 in the South Bay section of the city of Boston, and continuing to and including the interchange of state highway route 1 and interstate highway route 93 in the Charlestown section of the city of Boston including, but not limited to the Charles river crossing portion of interstate highway route 93 and such additional highway and bridge components as the general court may , from time to time , determine, but excluding the central artery north area. “Central artery” shall also include such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance thereof or which are otherwise convenient or desirable to carry out the purposes of this chapter.

“Central artery north area”, all roadways and tunnels for vehicular traffic constructed by the highway department consisting of a portion of state highway route 1 beginning at, but not including, the southern boundary of the Tobin memorial bridge and continuing to the interchange of interstate highway route 93 and state highway route 1, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for the i r safe and efficient operation and maintenance thereof or which are otherwise convenient or desirable to carry out the purposes of this chapter.

“Chief executive officer”, the chief executive officer of the a uthority, appointed by the board pursuant to section 4.

"Cost", as applied to any project of the a uthority any or all costs, whenever incurred, of carrying out and placing such projects in operation including, without limiting the generality of the foregoing, amounts for the following: acquisition, construction expansion improvement and rehabilitation of facilities; acquisition of real or personal property; demolitions and relocations; labor, materials, machinery and equipment; services of architects, engineers and environmental and financial experts and other consultants; feasibility studies, plans, specifications and surveys; interest prior to and during the carrying out of any project and for a reasonable period thereafter; reserves for debt service or other capital or current expenses; costs of issuance; and working capital, administrative expenses; legal expenses and other expenses necessary or incidental to the aforesaid, to the financing thereof and to the issuance therefor of bonds u nder this act.

"Costs of issuance", any amounts payable or reimbursable directly or indirectly by the a uthority and related to the sale and issuance of bonds and the investment of the proceeds thereof and of revenues securing the same including, without limiting the generality of the foregoing, printing costs, filing and recording fees, fees and charges of trustees, depositories, authenticating agents and paying agents, legal and auditing fees and charges, financial consultant fees, costs of credit ratings, premiums for insurance of the payment of bonds and fees payable for letters or lines of credit or other credit facilities securing bonds, underwriting or placement costs, fees and charges for execution, transportation and safekeeping of bonds, costs and expenses of refunding and other costs, fees and charges i n connection with the foregoing.

"Current expenses", the authority's current expenses, whether or not annually recurring, of maintaining, repairing and operating the assets under the possession, custody and control of the a uthority and engaging in other activities authorized by this chapter including, without limiting the generality of the foregoing, amounts for administrative expenses of the a uthority including costs of salaries and benefits, as provided in this chapter , cost of insurance, payments for engineering, financial, accounting, legal and other services rendered to the a uthority, taxes upon the a uthority or its income, operations or property and payments in lieu of such taxes, co sts incurred or payable by the a uthority with respect to the assets under the possession, custody and control of the a uthority , costs of issuance not financed in the cost of a project, and other current expenses required or perm itted by law to be paid by the a uthority including the funding of reasonable reserves for upgrading, maintenance, repair, replacements, insurance, emerge ncy contingencies or operations.

“Division of roads and bridges”, the division of roads and bridges within the authority established pursuant to chapter 81C.

“Division of public transit”, the division of public transit within the authority established pursuant to chapter 81D.

              “Metropolitan highway system”, the integrated system of roadways, bridges, tunnels, overpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the authority owns, constructs or operates and maintains pursuant to this chapter which consists of the Boston extension, the Callahan tunnel, the central artery, the central artery north area, the Tobin m emorial b ridge, the Sumner tunnel and the Ted Williams tunnel and any additional highway, tunnel and bridge components as the general court may , from time to time , determine.

“Metropolitan highway system revenues”, ( i ) all rates, fees, tolls, rentals or other charges and other earned income and receipts as derived from or with respect to the ownership, operation, lease, rent or other use or disposition of the metropolitan highway system or any part thereof; and (ii) all other funds received by the authority, from whatever source, relating to the metropolitan highway system.

“Notes or bonds”, the notes, bonds or other evidences of indebtedness of the authority issued pursuant to this chapter.

“Massachusetts Port Authority”, the Massachusetts Port Authority established pursuant to chapter 465 of the acts of 1956 . .

"Revenues", all charges and other receipts derived by the a uthority from operation of the assets under the possession, custody and control of the a uthority and all other activities or properties of the a uthority including, without limiting the generality of the foregoing, proceeds of grants, gifts or appropriations to the a uthority, investment earnings and proceeds of insurance or condemnation, and the sale or other dispositi on of real or personal property.

“State highway system”, all roadways, bridges, tunnels, overpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the authority owns, constructs or operates and maintains pursuant to this chapter and any additional highway, tunnel and bridge components as the general court may from time to time determine.  The term “state highway system” shall include the turnpike.  

“State public transit system”, all publicly funded modes of transportation , but not including roads and bridges. 

“Sumner tunnel”, the vehicular tunnel under Boston harbor, heretofore constructed and financed by the city of Boston under chapter 297 of the acts of 1929 , including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such tunnel as are necessary for the safe and efficient operation and maintenance thereof or which are otherwise convenient or desirable to carry out the purposes of this chapter.

“Ted Williams tunnel”, all or any segments of the roadways, bridges, viaducts and tunnels for vehicular traffic constructed by the highway department that constitute the interstate highway route 90 extension and its connecting roadways and tunnels, including : ( i ) the harbor tunnel crossing beneath Boston harbor, beginning at and including the interchanges of state highway route 1A and the Logan airport access and egress roadways with interstate highway route 90 and continuing beneath Boston harbor to and including the interchange of interstate highway route 90 and South Boston Bypass road, but excluding the Logan airport access and egress roadways owned by the Massachusetts Port Authority on March 1, 1997 and any additional access and egress roadways acquired by the Massachusetts Port Authority after March 1, 1997; (ii) the seaport access highway beginning at the interchange of interstate highway routes 90 and 93 and continuing to the interchange of interstate highway route 90 and South Boston Bypass road; and (iii) South Boston Bypass road, a portion of which is also known as South Boston Haul road, beginning at the interchange of interstate highway route 93 and South Boston Bypass road and continuing to the interchange of the seaport access highway in the South Boston section of the city of Boston, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased by the highway department in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for the safe and efficient operation and maintenance thereof or which are otherwise convenient or desirable to carry out the purposes of this chapter.

“Tobin memorial bridge ”, the bridge formerly known as the Mystic river bridge in the city of Chelsea.

“Turnpike”, the limited access express toll highway, designated as interstate highway route 90, and all bridges, tunnels, overpasses, underpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the authority may own, construct or operate and maintain pursuant to this chapter and any additional highway, tunnel or bridge components as the general court may , from time to time , determine , shall be included within the turnpike, extending from the town of West Stockbridge on the commonwealth’s border with New York state to, but not including, the interchange of interstate highway route 90 and state highway route 128 in the town of Weston.

“Turnpike corridor”, the cities and towns of the commonwealth from the New York state border to state highway route 128 through which the turnpike runs and municipalities contiguous to such cities and towns.

“Turnpike revenues”, ( i ) all rates, fees, tolls, rentals or other charges and other earned income and receipts derived from or with respect to the ownership, operation, lease, rent or other use or disposition of the turnpike or any part thereof; and (ii) all other funds received by the authority, from whatever source, relating to the turnpike.

Section 4.   The authority may :

                  (a) make , and  from time to time , revise and repeal by-laws, rules, regulations and resolutions for the regulation of its affairs and the conduct of its business;

                  (b) adopt an official seal and alter the same at its pleasure;

                  (c) maintain offices at such places within the commonwealth as it may determine and to conduct meetings of the authority in accordance with the by-laws of the authority and the provisions of the second paragraph of section 59 of chapter 156 B;

                  (d) sue and be sued in its own name, plead and be impleaded ;

                  (e) own, construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the state highway system or any part thereof and, consistent with agreements entered into with the a uthority to the extent applicable, as it may determine; provided, however, that chapter 91 shall not apply to the authority, except for any parts or areas thereof subject to said chapter 91 on March 1, 1997 ;

                  (f) acquire sites abutting the state highway system and construct or contract for the construction of buildings and appurtenances for gasoline stations, restaurants, parking facilities, tourist information centers and other services and lease such facilities in such manner and under such terms as it may determine;

                  (g) issue notes or bonds for any of its corporate purposes related to the turnpike payable solely from turnpike revenues or portions thereof pledged for the payment thereof and to refund its notes or bonds pertaining to the turnpike or any part thereof or payable from such revenues, as provided in this chapter;

                  (h) issue notes or bonds for any of its corporate purposes related to the metropolitan highway system payable solely from the metropolitan highway system revenues or portions thereof pledged for the payment thereof and refund notes or bonds thereof pertaining to the metropolitan highway system or any part thereof or payable from such revenues, as provided in this chapter;

                ( i ) issue bonds, notes and other evidences of indebtedness as provided in this chapter;

                  (j) fix and revise , from time to time , and charge and collect tolls for transit over the turnpike; provided, however, that it shall furnish upon request to a user of the turnpike a toll receipt showing the amount of toll paid, the classification of the vehicle, the date of payment and place of exit from the turnpike; provided further, that the authority shall convene at least 2 public hearings, each to be held in a community within the turnpike corridor, at least 30 days prior to the effective date of any proposed change in toll structure on the turnpike and shall allow for a 1 week comment period after each such hearing, during which written testimony and comments shall be accepted;

                  (k) [ no section k.]

                  (l) adopt such rules and regulations pursuant to chapter 30 A and not repugnant to the provisions of the General Laws made applicable to the authority, as the authority determines necessary or appropriate to provide for or govern the construction or reconstruction, including contractor qualification, operation, maintenance, repair, rehabilitation, improvement, use, policing, control or administration of the state highway system or the authority's business or property ; provided, however, s uch regulations may include the authority to grant easements, permits or other forms of authorization for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, pipelines, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility, private entity or corporation or person owning or operating such facilities in, on, along, over or under the state highway system ; provided, further, that s uch regulations may impose penalties for violations thereof which, in the case of civil penalties, may be recovered only after notice and hearing conducted by the authority or its designee and subject to judicial review and enforcement pursuant to said chapter 30 A or such other civil proceedings under the laws of the commonwealth or the United States as the law may provide and, in the case of criminal penalties, may be recovered in a proceeding in a trial court of the commonwealth by indictment or complaint ; provided, further, that t he amount of any such civil or criminal penalty shall not exceed $500 for each offense, unless the law otherwise provides ; provided, further, that t he full amount of a civil penalty shall be paid to the authority and 80 per cent of a ny penalty recovered in a criminal proceeding shall be accounted for and paid to the authority ; provided, further, that t he authority may provide in such regulations for adjudicatory proceedings that it or its designee conducts which are subject to judicial review and enforcement according to said chapter 30 A;

                  (m) acquire, lease, hold and dispose of real and personal property or any interest therein in the exercise of its powers and the performance of its duties pursuant to this chapter ; provided, however, that the authority shall issue semi-annual reports to the secretary of administration and finance, the house and senate committees on ways and means, the joint committee on transportation and the house and senate committee s on bonding, capital expenditures and state assets, detailing the financial transactions and revenues associated with the sale, concession or lease of real property held in the name of or under the control of the authority, whether by purchase or otherwise, and any transactions relating to real property currently pending; and provided further, that the semi-annual report shall include the current market values of the real properties related to the transactions;

                  (n) place and maintain or grant permission by easement or otherwise to any public utility, corporation or person to place and maintain on or under or within the turnpike or the metropolitan highway system or any part thereof, ducts, pipes, pipelines, mains, conduits, cables, wires, towers, poles or other structures to be so located as not to interfere with the safe and convenient operation and maintenance of the state highway system and to contract with any such public utility, corporation or person for such permission on such terms and conditions as may be fixed by the authority ; provided, however, that t he construction, maintenance and repair of any such ducts, pipes, pipelines, mains, conduits, cable, wires, towers, poles or other structures shall be subject to such directions and regulations as the authority may impose.

                  Whenever the authority shall determine that it is necessary that any such ducts, pipes, pipelines, mains, conduits, cable, wires, towers, poles or other structures which are now or hereafter may be located in, on, along, over or under the state highway system be relocated or removed, the public utility, corporation or person owning or operating such facilities shall relocate or remove the same in accordance with the order of the authority ; provided, however, that i n case of any such relocation or removal of facilities, the public utility, corporation or person owning or operating the same, its successors or assigns may maintain and operate such facilities, with the necessary appurtenances, in the new location for as long a period and upon the same terms and conditions as it had the right to maintain and operate such facilities in their former location ; and provided further, that o therwise, the authority shall have the power to grant such easements over any real property held by the authority as will not in the judgment of the authority unduly interfere with the operation of any of its mass transportation facilities;

                  (o) acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper or by the exercise of the power of eminent domain in accordance with chapter 79 or any alternative method now or hereafter provided by law, such public lands and any fee simple absolute or lesser interest in private property, or part thereof or rights therein as it may deem necessary for carrying out this chapter;

                  (p) designate the locations and establish, limit and control such points of ingress to and egress from the state highway system as may be necessary, convenient or desirable in the judgment of the authority to insure the proper operation and maintenance of the state highway system and to prohibit entrance to the state highway system from any point or points not so designated;

                  (q) ( i ) construct grade separations at locations where the state highway system intersect s with or abut s public highways or rail lines and to change and adjust the lines and grades of such highways or rail lines so as to accommodate the same to the design of such grade separation; and (ii) change the location of any portion of any public highway or rail line which intersects or abuts the state highway system in order to improve the safety or efficiency of the state highway system; provided, however, that if the authority shall find it necessary to change the location of a public highway, it shall reconstruct such highway in as good a condition as the original highway and at such location as the authority deems most favorable and, provided further, that a ll costs incident to construction, realignment or reconstruction conducted pursuant to this clause shall be borne by the authority;

                  (r) enter upon any lands, waters and premises in the commonwealth, after 30 days notice by registered or certified mail and without the necessity of any judicial orders or other legal proceedings, for the purpose of making surveys, soundings, drillings and examinations as the authority may deem necessary, convenient or desirable for carrying out the purposes of this chapter and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending ; provided, however, that t he authority shall provide reimbursement for any actual damage resulting to such lands, waters and premises as a result of such activities ; and provided further, that t he commonwealth hereby consents to the use of all lands owned by it, including lands lying underwater, which are deemed by the authority to be necessary, convenient or desirable for the construction, operation or maintenance of the state highway system;

                  (s) make and enter into all contracts and agreements necessary, convenient or desirable in the performance of its duties and the execution of its powers under this chapter; provided, however, that sections 26 to 29 , inclusive, and sections 44 A to 44 J, inclusive, of chapter 149 and sections 39 F to 39 M, inclusive, of chapter 30 shall apply to contracts of the authority to the same extent and in the same manner as they are applicable to the commonwealth ; provided further, that  n otwithstanding this clause, the authority may, with the approval of the secretary of the executive office of transportation, without competitive bids and notwithstanding any general or special law to the contrary, award a contract, otherwise subject to this section, limited to the performance of emergency repairs necessary to preserve the safety of persons or property;

                  (t) appoint and employ officers and employees to serve at the pleasure of the directors, except as may otherwise be provided in collective bargaining agreements, and to fix the compensation and conditions of employment thereof , employ personnel as hereinafter provided and to engage architectural, engineering, accounting, management, legal, financial and environmental consulting and other professional services; provided, however, that the a uthority shall engage consultants to perform only those services for the a uthority which regular employees of the Authority are unable to perform owing to lack of special expertise or other inability to perform such services on the schedule or in the mann er required by the authority ;

                  (u) accept gifts, grants and loans from agencies of local, state and federal governments, or from private agencies or persons, and to accede to such conditions and obligations as may be imposed as a prerequisite to any such gift, grant or loan;

                (v) adopt a fiscal year to conform with the fiscal year of the commonwealth;

                (w) receive and apply its revenues to the purposes of the authority without appropriation or allotment by the commonwealth or any political subdivision thereof;

                (x) enter into agreements with other parties including, without limiting the generality of the foregoing, government agencies, municipalities, authorities, private transportation companies, railroads and other concerns, providing : ( i ) for construction, operation and use of any mass transportation facility and equipment held or later acquired by the authority; provided, however, that any agreement entered into by the authority for the construction or acquisition of mass transportation facilities or equipment of more than $1,000,000, which is financed in whole or in part from the proceeds of bonds , the debt service payments on which are assisted by the commonwealth or made from the dedicated revenue source, shall not become effective until approved by the secretary of transportation; and provided further, that said secretary shall notify the secretary of administration and finance of any such approval; (ii) for joint or cooperative operation of any mass transportation facility and equipment with another party; (iii) for operation and use of any mass transportation facility and equipment for the account of the authority, for the account of another party or for their joint account; or (iv) for the acquisition of any mass transportation facility and equipment of another party if the whole or any part of the operations of such other party takes place within the area constituting the authority ; provided, however, that a ny such other party is hereby given power and authority to enter into any such agreements, subject to applicable law s ; provided further, that a ny agreement with a private company under this chapter which is to be financed from the proceeds of bonds or bond anticipation notes and which provides for the rendering of transportation service by such company and for financial assistance to such company by subsidy, lease or otherwise shall include such service quality standards for such service as the authority may deem appropriate and shall not bind the authority for a period of longer than 1 year from its effective date, but this shall not prohibit agreements for longer than 1 year if the authority’s obligations thereunder are subject to annual renewal or annual cancellation by the board’s authority ; and provided further, that s uch agreements may provide for cash payments for services rendered, but not more than permit s any private company a reasonable return;

(y)  establish transit facilities and related infrastructure, including terminals, stations, access roads, parking, pedestrian access facilities , bicycle parking and access facilities as may be deemed necessary and desirable ; provided, however, that t he authority may charge reasonable fees for the use of such facilities as it may deem desirable, or it may allow the use of such facilities free of charge; 

(z)  to employ a private project ombudsman who shall, in consultation with the secretary of transportation, assist municipalities and private entities to develop and advance projects critical to the economic development of a community and connecting to the state transportation system, and to ensure regional equity in the transportation system.  The administrator is authorized to establish guidelines outlining the responsibilities and obligations of the private project ombudsman, who shall be experienced in the field of real estate development and economic development.  Those responsibilities and obligations shall include, but not be limited to, sufficient authority to supervise, assist, and provide necessary guidance for municipal or private entity projects and the authority, subject to the administrator’s approval, to review project proposals and expedite project development where possible.

The division shall establish and charge a reasonable fee to cover the costs of processing, reviewing, and approving a project proposal submitted to the private project ombudsman by a municipality or private entity.

( aa ) do all acts and things necessary, convenient or desirable to carry out the powers expressly granted in this chapter.

              Section 5 . T he a uthority shall develop and implement a single integrated asset management system to oversee and coordinate the maintenance, preservation, reconstruction and investment of all of the assets in its possession, custody and control.  The a uthority may use programs and services offered by the division of capital asset management and maintenance and the information technology division to aid in its development of an integrated asset management system as long as, in the judgment of the a uthority , such programs and services compare favorably with those available from private vendors and are offered at competitive prices. 

              Section 6. (a) The chief executive officer shall operate and administer an office of performance management and innovation within the authority that shall , among other things, administer this section.  The authority and its divisions shall report to the office of performance management and innovation with regard to setting goals and establishing performance measures to improve the authority and divisions ’ operations and the delivery of transportation services and projects in the c ommonwealth.

              The office of performance management and innovation shall be charged with evaluating the goals and measures established by the authority and its divisions and monitoring the results reported.  The office shall recommend changes to proposed goals and measures as are appropriate to align goals and measures with the strategic priorities of the chief executive officer and the secretary of transportation. The office shall report regularly to the public on the progress the authority and its divisions are making at achieving stated goals.  The office shall be responsible for the establishment and, in cooperation with each of the divisions, operation of an asset management system for all departments and shall report regularly on the condition of assets and infrastructure. Reports on performance shall include measures of: ( i ) maintenance activity and results; (ii) usage on all modes of transportation; (iii) operational performance; and (iv) planning , design and construction, including on-time and on-budget project delivery.

              The office shall annually publish a “Scorecard” identifying the number of projects actively under construction and those completed in the previous year by type, value and location, and those planned for the following year.  Notwithstanding any other provision of law, the office shall determine the appropriate measures and standards of performance in all categories and reporting on performance trends. 

              The office will be responsible to report publicly and transparently and to make all reports available through an on - line system. 

(b) The chief executive officer shall establish a performance measurement system for the divisions of the authority , which shall establish program goals, measure program performance against those goals and report publicly on progress to improve the effectiveness of transportation design and construction, service delivery and policy decision-making. Performance measurements shall include, for at least the then current fiscal year and the previous 5 fiscal years, all modes of transportation. Performance measurements shall include the number of projects completed, the percentage of projects completed early or on time, the percentage of projects completed under budget or on-budget, the number of projects in construction phase and the percentage of projects advertised early or on time. Performance measurements shall include usage information for all modes of transportation, including measures of throughput, utilization and ridership. This information shall be presented with measurements of congestion, on-time performance, if appropriate, and incidents that have caused delays or closures. Performance measurements shall include assessments of maintenance performance by asset class, mode and region, including a breakdown of highway pavement, bridge and track, for subway, commuter and commonwealth-owned freight rail, by condition level, with an explanation of current year and future year planned maintenance expenditures and their expected result. Reporting on planned maintenance programming shall include an assessment of the categories of maintenance-related activity as described in the American Association of Highway and Transportation Officials' Maintenance Manual for Roadways and Bridges. The division of roads and bridges shall expand and enhance its project information system and shall develop additional means to establish a centralized system, available on the internet, to document performance measurements and the progress and status of all planning, design, construction and maintenance projects undertaken by the authority , and all road and bridge projects of any city or town that are funded, in whole or in part, by the commonwealth. A municipality shall have access to the system at no cost, shall enter such information into the system as may be required by the division of roads and bridges and shall otherwise fully participate in the system as a condition of receiving financial assistance from the commonwealth. All information in the project information system shall be a public record unless otherwise exempted by law. A report of the project information system and performance measurements shall be published annually and made available to the public not later than December 31. The report shall also be filed annually with the clerks of the senate and house of representatives , the chairs of the house and senate committees on ways and means and the senate and house chairs of the joint committee on transportation. The performance measurement system shall require each division to develop a strategic plan for program activities and performance goals. The system shall require annual program performance reports which shall be submitted to the house and senate committees on ways and means and the joint committee on transportation.

              Section 7 .   Unless otherwise required under section 6A of chapter 31 or any other general or special law t he chief executive officer shall design and implement a program for performance evaluation of employees. The sole purpose of the program shall be the improvement of the performance of individual employees and the authority and, notwithstanding any general or special law to the contrary, all information compiled by said program shall be confidential shall not be public records under section 10 of chapter 66 or clause Twenty-sixth of section 7 of chapter 4 . The authority may consult with individuals and organizations and may contract for technical assistance for the purpose of the program to the extent it deems necessary.

              Section 8.   (a) The chief executive officer of the a uthority   shall, notwithstanding any general or special law to the contrary, identify administrative activities and functions common to the separate offices, divisions and commissions within the a uthority and may designate such functions as "core administrative functions" to improve administrative efficiency and preserve fiscal resources.   Common functions that may be designated core administrative functions include, but shall not be limited to, human resources, financial management, information technology, legal, procurement , workers’ compensation insurance pursuant to chapter 152     and asset management.   All employees performing functions so designated shall be employed directly by the chief executive officer.   The a uthority may make such services available to the agencies, offices, divisions and commissions within the executive office of transportation through a written   interagency service agreement ; provided , however, that a copy of such agreement shall be provided to the house and senate committees on ways and means and the joint committee on transportation before such services are provided.   The a uthority shall charge the agencies, departments, offices, divisions and commissions of the executive office of transportation for such services, subject to appropriation. 

(b) The a uthority may enter into agreements under section 22A and 22B of chapter 7 and , in all respects not governed by general or special laws expressly made applicable to the a uthority , shall adhere to good business practices to be determined by the a uthority in its procurement of equipment, materials, property, supplies and services.

(c) The a uthority shall use the state accounting system, the state payroll system and the state-supported internet application for procurement.  The a uthority shall, to the maximum extent feasible, prioritize the elimination of redundant systems for asset management and information technology. 

(d) O n December 15 and at 6 -month intervals thereafter, the chief executive officer of the a uthority shall report to the joint committee on transportation, the joint committee on bonding, capital expenditures and state assets and the house and senate committees on ways and means on the a uthority’s progress in implementing the requirements of this section, the capital expenditures made by the a uthority in implementing the requirements of this section and on the administrative savings that have been achieved through the implementation of the requirements of this section.

(e) The chief executive officer of the authority shall appoint a manager to serve as director of system integration, whose primary responsibility shall be to develop a plan and oversee the implementation of the merger and integration of the organizations and assets comprising the highway division.

              Section 9.   The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the commonwealth, for the increase of their commerce and prosperity and for the improvement of their health and living conditions and , as the operation and maintenance of the state highway system or state public transit system by the authority shall constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon the state highway system or state public transit system or any property acquired or used by the authority  this chapter or upon the income therefrom , except as may be otherwise provided by this chapter , and the notes or bonds issued under this chapter, the transfer and the income therefrom , including any profit made on the sale thereof, shall at all times be free from taxation by and within the commonwealth.

              Section 10.   (a) The authority may charge and collect and , from time to time , fix and revise tolls for transit over the turnpike and the different parts or sections thereof, subject to such classifications of vehicles and manners of collection as the authority determines desirable and subject to provisions of clause (j) of section 4.  Such tolls shall be so fixed and adjusted as to provide, at a minimum, a fund sufficient with other revenues, if any, to pay : (a) costs incurred in furtherance of this chapter related to the turnpike including, but not limited to, the cost of owning, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the turnpike ; provided , however, that the Authority may not charge or collect a toll for transit through the Callahan tunnel, the Sumner tunnel or the Third Harbor tunnel by official emergency vehicles of the commonwealth or any municipality, political subdivision or instrumentality thereof; provided further, that the authoirty may not charge and collect tolls for transit through the Callahan tunnel, the Sumner tunnel or the Third Harbor tunnel by private passenger vehicles registered in the East Boston section of the city of Boston or the South Boston section of the city of Boston, as the Boston transportation department has determined the geographical boundaries of said sections of Boston , that are greater than the tolls in effect for vehicles registered is said East Boston section at existing tunnel toll facilities on the effective date of section 14 of chapter 102 of the acts of 1995; and provided further, that the agency may not charge and collect tolls for transit through the Callahan or Sumner tunnels to private passenger vehicles registered in the North End section of the city of Boston, as the Boston transportation department has determined the geographical boundaries of such section, that are greater than the tolls in effect for such transit through either the Sumner tunnel or Callahan tunnel for vehicles on the effective date of section 14 of chapter 102 of the acts of 1995 ; and (b) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the turnpike as the same shall become due and payable and to create and maintain reserves established for any of the authority’s corporate purposes. Such tolls shall not be subject to supervision, regulation, approval or disapproval by any department, division, commission, board, bureau or agency of the commonwealth or any political subdivision thereof. The authority shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data, relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record and shall be used for enforcement purposes only with respect to toll collection regulations. An account holder may, upon written request to the authority, have access to all information pertaining solely to the account holder. For each violation of applicable authority regulations related to electronic toll collection, a violation notice shall be sent to the registered owner of the vehicle in violation. The notice shall include the registration number of the vehicle, the state of issuance of such registration and the date, time and place of the violation. The notice may be based in whole or in part upon inspection of any photographic or other recorded image of a vehicle and the written certification by a state police officer or other person employed by or under contract with the authority or its electronic toll collection system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.

Section 11.   The authority may take by eminent domain in accordance with chapter 79 or any alternative method now or hereafter provided by general law, any public land and any fee simple absolute or lesser interest in private property or part thereof or rights therein as it may deem necessary for carrying out this chapter.

Whenever a parcel of private property so taken is used in whole or in part for residential purposes, the owner of such parcel may, within 30 days of the date of the authority’s notice to vacate such parcel, appeal to the authority for a postponement of the date set for such vacating, whereupon the authority shall grant to the owner a postponement of 3 months from the date of such appeal; provided, however, that the appeal for such postponement shall be in the form of a written request to the authority sent by registered mail, return receipt requested; and provided further, that the provisions of section 40 of said chapter 79 shall govern the rights of the authority and of any person whose property shall be so taken.

The authority shall have the power, in the process of constructing, reconstructing, repairing, rehabilitating, improving, policing, using or administering all or any part of the turnpike or metropolitan highway system to take by eminent domain pursuant to chapter 79 , such land abutting the turnpike or metropolitan highway system as it deem s necessary or desirable for the purposes of removing or relocating all or any part of the facilities of any public utility, including rail lines, and may thereafter lease the same or convey an easement or any other interest therein to such utility company upon such terms as it, in its sole discretion, may determine. Notwithstanding any general or special law to the contrary, the relocation of the facilities of any public utility, including rail lines, in accordance with this section shall be valid upon the filing of the plans thereof with the department of telecommunications and energy, if applicable.

Except as otherwise provided by law, any sale of real property shall be awarded, after advertisement for bids, to the bidder who is the highest responsible bidder. The authority shall have the right to reject all bids and to readvertise for bids. Before any real property shall be so sold or conveyed, notice that such real property is for sale shall be publicly advertised in 2 daily newspapers of general circulation published in the city of Boston, and, if such real property is located in any other city or town, in a newspaper of general circulation published in such other city or town, once a week for 3 successive weeks. Such advertisements shall state the time and place where all pertinent information relative to the real property to be sold or conveyed may be obtained and the time and place of opening the bids in answer to such advertisements and that the authority reserves the right to reject any or all such bids. All bids in response to advertisements shall be sealed and shall be publicly opened by the authority. The authority may require, as evidence of good faith, that a deposit of a reasonable sum, to be fixed by the authority, accompany the proposals. T his paragraph shall not be applicable to any sale of real property by the authority to the commonwealth or any city, town or public instrumentality nor to a sale of real property which is determined by the authority to have a fair market value of $5,000 or less.

The authority may sell the buildings or other structures upon any lands taken by it or may remove the same and shall sell, if a sale is practicable or, if not, shall lease, if a lease is practicable, any lands or rights or interest in lands or other property taken or purchased for the purposes of this chapter, whenever the same shall, in the opinion of the authority, cease to be needed for such purpose.

Notwithstanding any general or special law to the contrary, all counties, cities, towns and other political subdivisions and all public agencies, authorities and commissions of the commonwealth may lease, lend, grant or convey to the authority , at its request , upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions, agencies, authorities and commissions may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property, improvements or personal property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads, bridges and other real property, improvements or personal property already devoted to public use.

              Section 12.   Notwithstanding chapters 134 and 147 , if money, goods or other property which has been abandoned, mislaid or lost on the premises of the authority comes into the possession of the authority and remains unclaimed for a period of 120 days, the authority may sell the same, excepting money so unclaimed, at public auction after notice of such sale has been published for 3 successive weeks in a newspaper published in the city or town wherein such sale shall occur. The net proceeds of such sale, after deducting the cost of storage and the expenses of the sale, and all money so unclaimed, shall be paid into and become the property of the authority and may be applied by the authority to any of its corporate purposes. If such property is in the possession of the authority and remains unclaimed for a period of 120 and is of the value of $3 or less, the authority may donate the same to a charitable organization.

              Section 13.   The Authority and its employees shall be subject to the provisions of chapter one hundred and fifty E of the General Laws, and for purposes of said chapter, the Authority shall be deemed to be an employer or public employer and a legislative body. The Authority may designate a representative to act in its interest in labor relations matters with its employees. Rights and obligations under the most recent existing or expired collective bargaining agreements with respect to employees transferred to the Authority and with respect to all employee organizations representing such employees at the time of tran s fer , except to the extent expressly inconsistent with this act, shall be assumed by and imposed upon the Authority, and employees transferred to the Authority who are subject to such agreements shall continue to be represented by the employee organizations that are parties to such agreements until such time as they elect to be otherwise represented in accordance with the provisions of chapter one hundred and fifty E. Existing bargaining units shall remain in full force and effect for those employees transferred to the Authority until otherwise changed by law . Collective bargaining agreements in effect at the time of transfer shall continue in effect until their stated expiration date and successor negotiations shall be conducted and resolved between the Authority and the employee organizations representing employees covered by such collective bargaining agreements in accordance with the provisions of Chapter 150E and this Act.  The terms and conditions of expired collective bargaining agreements under renegotiation at the time of transfer shall be observed by the Authority and the Authority shall conclude and resolve negotiations for successor agreements with the employee organizations representing employees covered by such collective bargaining agreements in accordance with the provisions of Chapter 150E and this Act.   Any expired collective bargaining agreement covering employees transferred to the Massachusetts Surface Transportation Authority for which successor contract negotiations are on-going as of March 1, 2009 will be extended for 6 months after the effective date of the act, unless mutually agreed otherwise by the employees’ exclusive bargaining representative and the Massachusetts Surface Transportation Authority, to permit the successful completion of successor negotiations.  

Nothing in this section shall be construed as conferring upon the employees of the authority the right to strike, nor as detracting from the obligations of the authority and the employees to submit all grievances and other disputes to arbitration.

              Section 14 .   Whenever any employee or former employee of the authority dies, and the authority owes his estate any sum or sums by reason of services rendered by him for wages vacation allowances, and neither a duly appointed executor or administrator nor a n administrator has made written demand for payment upon the treasurer of the authority and treasurer shall not otherwise have actual notice that proceedings relative to the formal probate or settlement of such estate have been commenced in any probate court, such sum or sums may, in the discretion of the authority, be paid after the expiration of 30 days from the death of such employee to such person as may have been nominated as beneficiary, on a form approved by the directors and filed with the treasurer by such employee during his lifetime or, if there is no such beneficiary , to the surviving spouse or next of kin of such employee. Payments made as provided in this section shall discharge all liability of the authority to all persons with respect to such sum or sums.

              Section 15 .   Notwithstanding section 13 , the authority or any organizations representing employees of the authority shall not be permitted to submit any dispute over the terms of a collective bargaining agreement to arbitration except in accordance with sections 15 through 19 , inclusive; provided, however, that this section shall not limit the rights of organizations representing employees of the authority to submit grievances to arbitration in accordance with the collective bargaining agreement between the parties.

              Section 16.   In the event the directors and any organizations representing employees of the authority have not reached an agreement within 90 days from the date of the expiration of the agreement, either party may notify the other that it desires mediation. The parties may agree upon a person to serve as a mediator or, if unable to agree on said mediator, either party or the parties acting jointly may petition the board of conciliation and arbitration to appoint a mediator from a list of qualified persons maintained by the board.

After a reasonable period of mediation, not to exceed 45 days from the date of appointment, said mediator shall issue a report indicating the results of his services in resolving the impasse. If at the conclusion of mediation the impasse still exists, the mediator shall so certify. In the event, the mediator shall certify in his report the last best offer of each party on each unresolved issue which has been submitted to mediation and shall also certify the agreement of the parties on each issue on which agreement has been reached and shall submit such certifications to the arbitrator selected by the parties. In such event, so long as the mediator shall also certify that the parties have bargained in good faith, either party may notify the other that it desires arbitration of the dispute. Within 10 days of said notice, the parties shall meet to select a single neutral arbitrator. If, within 15 days, the parties fail to select such single arbitrator, either party may forthwith petition the board of conciliation and arbitration to request a list of 5 arbitrators from the American Arbitration Association and said Association shall certify to the board that such arbitrators on the list it provides possess the qualifications as provided in section 30. The parties shall thereupon meet to select such arbitrator by striking 1 name each until 1 name remains and that person shall serve as the neutral arbitrator. If, after 10 days, one of the parties declines to strike their names, the other party shall strike 2 names and the board shall forthwith select the arbitrator from the remaining 3 names.

              Section 17 .   The single arbitrator, whether agreed upon by the parties or selected by the board of conciliation and arbitration, shall be a legal resident of the commonwealth and shall be experienced in state and local finance.

              Section 18.   The arbitrator shall rely primarily on the following factors in determining the basis for an award:

(a) the financial ability of the authority to meet additional costs, which shall include , but not be limited to: ( i ) the statutory requirement that the authority produce revenues in excess of expenses; (ii) the financial ability of the individual communities and the commonwealth to meet additional costs; (iii) the average per capita tax burden, average annual income and sources of revenue within the commonwealth, and the effect of any arbitration award on the respective property tax rates of the cities and towns within the authority’s district ;

(b) the overall compensation presently received by the employees, having regard not only for wages for time actually worked but also for wages for time not worked, including vacations, holidays and other excused time ;

(c) all benefits received by the employees, including insurance, pension, as well as the continuity and stability of employment ;

(d) the hazards of employment, physical, educational and mental qualifications, job training and skills involved ;

(e) a comparison of wages, hours, and conditions of employment of the employees involved in the arbitration proceedings with the wages, hours and conditions of employment of other employees performing similar services within the commonwealth and with other employees generally in public and private employment within the commonwealth ;

(f) t he average consumer price for goods and services, commonly known as the cost of living ;

(g) c hanges in any of the foregoing circumstances during the pendency of the arbitration proceedings ;

(h) such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between parties, in the public service of the commonwealth, and which are not precluded from bargaining under section 13 ; and

( i ) The stipulation of the parties.

              Section 19.   The arbitrator shall be limited in making his award to choosing between the last best offers of the parties on each issue as certified in the mediator’s report or any award in the range between the last best offers of the parties. The arbitrator shall make no award on any issue found by him to be not authorized by law to be submitted to arbitration, but shall state such finding in his written opinion. Within 30 calendar days of an award, the arbitrator shall issue a written opinion inclusive of an analysis of all statutory factors applicable to the proceedings. Any determination by the arbitrator, if supported by material and substantial evidence on the record, shall be binding upon the parties and upon the appropriate legislative or appropriating body and may be enforced at the insistence of either party or by the arbitrator in the superior court. The scope of arbitration shall be limited to wages, hours and conditions of employment and shall not include any provisions for any cost of living adjustment which are based on changes in the consumer price index after the expiration of the contract period covered by the award. In addition, any wage or salary adjustments shall be expressed in per cent or dollar amounts, and in no case shall there be any provision for salary adjustments to occur after the expiration of the contract period covered by the award.

The cost, if any, of the mediation and of arbitration proceedings exclusive of the expenses of the individual parties provided for under sections 15 to 19, inclusive, shall be divided equally by the parties and shall be in accordance with a schedule of payments established by the American Arbitration Association.

Section 20.   All sums of money payable under sections 31, 34, 34A, 35 and 35A of chapter 152 directly to a retired member of the Massachusetts Bay Transportation Authority retirement system or to the legal representative or dependents of a deceased member on account of his death, including so much of the amount of any lump sum settlement payable under such sections directly to any such persons as is allocable to the period following the retirement or death of such member, but excluding any payments for or amounts allocable to any period to the date his retirement allowance became effective, shall be offset against and payable in lieu of any pension payable on his account by reason of the same injury, but not against his accumulated total deductions or any annuity derived therefrom . If any such pension exceeds the compensation payable on account of such member under said chapter 152 when both are reduced to the same periodical basis, the excess only shall be paid as a pension so long as such compensation continues. If any such pension is less than or equal to such compensation, no pension shall be paid so long as such compensation continues to be equal to or greater than such pension.

In all cases in which a member or a beneficiary receives delayed compensation payments or an amount of any lump sum settlement payable directly to him under s ections 31, 34, 34A, 35 or 35A of chapter 152 subsequent to his receipt of payments under any pension granted under the Massachusetts Bay Transportation Authority retirement system by reason of the same injury, no further pension payments shall be made unless and until such time as the total amounts which by then would have been payable as compensation and pension together, if there had been no delay in making such compensation payments, shall exceed the total amounts of compensation and pension actually paid by them after due allowance in either case for the allocation of any such lump sum settlement.

If a member or a beneficiary entitled to a pension under the Massachusetts Bay Transportation Authority retirement system, and also having a right to compensation under said chapter 152 by reason of the same injury or death of such member, as the case may be, neglects or fails to prosecute fully such right or to cooperate with the Massachusetts Bay Transportation Authority retirement system in its prosecution thereof, as provided for by section 73 of said chapter 152 , the Massachusetts Bay Transportation Authority retirement board may, during the period of such neglect or failure, suspend such member’s or beneficiary’s right to further payment. Under the circumstances set forth in the said section 73, the duty of said board to prosecute shall be mandatory.

              Section 21.   The a uthority shall adopt an annual budget for its current expenses which budget the a uthority shall have submitted for comment and recommendation to the road and bridge advisory board established under section 58 of chapter 81C and the Massachusetts transit advisory board established under section 5 of chapter 81D not less than 60 days prior to the adoption thereof. Except in case of an emergency, no current expenses may be incurred in excess of those shown in the annual current expense budget. The a uthority may from time to time adopt amendments to current expense budgets which the a uthority shall have submitted for comment and recommendation to the advisory board for each division not less than 30 days prior to the adoption thereof. The a uthority periodically shall also adopt and revise capital expenditure budgets for the capital facility programs developed by the executive office of transportation. The current expense and capital expenditure budgets of the a uthority shall be deemed not to be regulations or adjudications for purposes of chapter 30 A. Proposed capital expenditure budgets shall be submitted to the advisory board for each division for such consultation no t less than 60 days prior to adoption or revision by the a uthority . The a uthority shall prepare a written response to reports relative to its finances submitted to it by the advisory board for each division which response shall state the basis for any substantial divergence between the actions of the a uthority and the recommendations contained in such reports of the advisory board. The a uthority shall be deemed to be a public agency subject to the recordkeeping and reporting requirements of paragraph (4) of section 40 A of chapter 7 .

The authority shall establish a Stabilization Fund into which it shall deposit revenues in excess of expenses pursuant to section 30 until the fund balance is equal to or greater than 5 per cent of total revenues of the fiscal year most recently ended. The authority may draw funds from the Stabilization Fund only in the event that, after implementing all efficiencies and savings possible, annual revenues are projected to be less than annual expenses, or if it has insufficient funds on-hand to pay current expenses. The authority may not assume draws from the Stabilization Fund in preparing its budget pursuant to this section. In the event the authority draws funds from the Stabilization Fund, it shall file with the secretary of administration and finance, the secretary of transportation and construction, the joint committee on transportation and the house and senate committees on ways and means a financial plan that projects to produce in the following fiscal year an excess of revenues over expenses.

The authority shall also establish a Toll and Fare Stability Fund, into which it shall deposit revenues in excess of expenses pursuant to section 30. The authority may assume draws from the Fare Stability Fund in preparing its budget pursuant to this section. Funds in said Fare Stability Fund shall be utilized within 5 fiscal years after being deposited.

              Section 22.   (a) The a uthority may provide, by resolution of the board of directors, for the issuance , from time to time , of bonds of the a uthority for any of its corporate purposes or for the borrowing of money in anticipation of the issuance of such bonds. Bonds issued by the a uthority may be issued as general obligations of the a uthority or as special obligations payable solely for particular revenues or funds as may be provided for in any bond resolution, trust agreement or other agreement securing bonds. The a uthority may also provide , by resolution of the board of directors , for the issuance , from time to time , of temporary notes in anticipation of the revenues to be collected or received by the a uthority , or in anticipation of the receipt' of other grants or aid. The issue of such notes shall be governed by this chapter relating to the issue of bonds of the a uthority other than such temporary notes as the same may be applicable; provided, however, that notes issued in anticipation of revenues shall mature no t later than 1 year from the respective dates thereof and notes issued in anticipation of grants, or other aid and renewals thereof, shall mature no t later than 6 months after the expected date of receipt of such grant or aid. The aggregate principal amount of all bonds issued under this chapter shall not exceed $10,000,000,000 outstanding at any one time; provided, however, that bonds for the payment or redemption , of which, either at or prior to maturity, refunding bonds shall have been issued , shall be excluded in the computation of outstanding bonds.

(b) Bonds of each issue shall be dated, may bear interest at such rate or rates, including rates variable from time to time as determined by an index, banker's loan rate or other method determined by the a uthority , and shall mature or otherwise be payable at such time or times, as may be determined by the a uthority , and may be made redeemable before maturity at the option of the a uthority or the holder thereof at such price or prices and under such terms and conditions as may be fixed by the a uthority . Prior to the initial issuance of each series of bonds , the a uthority shall advise the advisory boards established by chapter 81C and 81D, the finance advisory board established in section 97 of chapter 6 and the executive office for administration and finance of the timing and terms thereof. The a uthority shall determine the form of bonds, including interest coupons, if any, to be attached thereto, and the manner of execution of such bonds, and shall fix the denomination or denominations of such bonds and the place or places of payment of principal, redemption premium, if any, and interest, which may be at any bank or trust company within or without the commonwealth. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to hold such office before the delivery thereof, such signature or facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery. The a uthority may provide for authentication of bonds by a trustee, fiscal agent, registrar or transfer agent. Bonds may be issued in bearer or in registered form, or both, and, if notes, may be made payable to bearer or to order, as the a uthority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of bonds registered as to both principal and interest and for the interchange of bonds registered as to both principal and interest and for the interchange of registered and coupon bonds. The a uthority may also establish and maintain a system of registration for any bonds whereby the name of the registered owner, the rights evidenced by the bonds, the transfer of the bonds and such rights and other similar matters are recorded in books or other records maintained by or on behalf of the a uthority , and no instrument evidencing such bond or rights need be delivered to the registered owner by the Authority. A copy of the books or other records of the a uthority pertaining to any bond registered under such registration system certified by an authorized officer of the a uthority or by the agent of the a uthority maintaining such system shall be admissible in any proceeding without further authentication. The a uthority may adopt regulations with respect to the operation of such system. The board of directors may by resolution delegate to any director or directors or officer or officers of the a uthority or any combination thereof the power to determine any of the matters set forth in this section. In the discretion of the a uthority , bonds of the a uthority may be issued with such terms as will cause the interest thereon to be subject to federal income taxation. The a uthority may sell its bonds in the manner, either at public or private sale, for the price, at the rate or rates of interest, or at discount in lieu of interest, as it may determine will best effect the purposes of this chapter .

(c) Said a uthority may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds shall have been executed and are available for delivery. The a uthority may also provide for replacement of any bonds which shall have become mutilated or shall have been destroyed or lost. The a uthority , by itself or through such agent as it may select, may purchase and invite offers to tender for the purchase of any bonds of the a uthority at any time outstanding ; provided, however, that no such purchase by the Authority shall be made at a price, exclusive of accrued interest, if any, exceeding the principal amount thereof or, if greater, the redemption price of such bonds when next redeemable at the option of the a uthority , and may resell any bonds it determines will best effect the purposes of this chapter .

(d) In the discretion of the board of directors, any bonds issued hereunder may be secured by a bond resolution or trust agreement or other agreement in such form and executed in such manner as may be determined by the board of directors between the a uthority and the purchasers or holders of such bonds or between the a uthority and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the commonwealth. A trust agreement may pledge or assign, in whole or in part, any receipts, fees, revenues or other payments received or to be received by the authority, including without limitation amounts provided to the trust in accordance with section 35LL of chapter 10, grants, appropriations or other assistance from the commonwealth or the United States or any political subdivision or instrumentality of either, investment earnings on its funds and accounts and any other fees, charges or other income received or receivable by the authority and any contract or other rights to receive the same, whether then existing or thereafter coming into existence, and whether then held or thereafter acquired by the trust, and the proceeds thereof. A trust agreement may contain, without limitation, provisions for protecting and enforcing the rights, security and remedies of the bondholders, provisions defining defaults and establishing remedies, which may include acceleration and may also contain restrictions on remedies by individual bondholders. A trust agreement may also contain covenants of the trust concerning the custody, investment and application of moneys, the issuance of additional or refunding bonds, the use of any surplus bond proceeds, the establishment of reserves and the regulation of other matters customarily treated in trust agreements. At the request of the authority, the state treasurer shall join in any trust agreement or to otherwise agree with the authority, any lender or any trustee for bondholders to hold the Surface Transportation Trust Fund, establish ed pursuant to said section 35LL of said chapter 10, in compliance with any covenants and provisions relating thereto in any trust agreement.  In no circumstances shall the a uthority mortgage its real property or fixed assets to secure its bonds.

(e) (1) Bonds may be issued by the authority in the form of lines of credit or other banking arrangements under terms and conditions determined by the authority. In addition to other lawful security, bonds may be secured, in whole or in part, by financial guaranties, by insurance, by letters or lines of credit or by other credit enhancement issued to the authority or to a trustee or other person, by any bank, trust company, insurance or surety company or other financial institution, within or without the commonwealth. The authority may pledge or assign, in whole or in part, revenues, funds or other assets or property held or to be received by the authority, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the authority, and the proceeds thereof, as security for any such guaranties or insurance or for the reimbursement to any issuer of a line or letter of credit.

(2) The a uthority shall comply with all regulations and guidelines promulgated by the finance advisory board established in section 97 of chapter 6.  At least 10 business days before entering into any security transaction involving a derivative financial product, the a uthority shall notify the finance advisory board of its intent to enter into such a transaction. For purposes of the preceding sentence, “derivative financial product” shall mean financial instruments with values derived from or based upon the value of other assets or on the level of an interest rate index including, but not limited to, a call option on a bond, an interest rate swaptions , caps, floors, collars, inverse floaters, auction rate securities or any other financial transaction other than fixed-rate, long-term borrowing.

(f) It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds, revenues or other moneys under a bond resolution, trust agreement or other agreement of the a uthority and to furnish indemnification and to provide security as may be required by the a uthority . Any pledge of revenues and other funds made by the a uthority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of the uniform commercial code and other laws when such pledge is made. The revenues and funds, rights therein and thereto and proceeds so pledged and then held or thereafter acquired or received by the a uthority shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act, and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the a uthority , whether or not such parties have notice thereof. The bond resolution, trust agreement or any other agreement by which a pledge is created need not be filed or recorded to perfect such pledge except in the records of the a uthority and no filing need be made under the uniform commercial code. A ny pledge or assignment made under the a uthority of this chapter is an exercise of the political and governmental powers of the Authority, and revenues or funds, contract or other rights to receive the same and the proceeds thereof which are subject to the lien of a pledge or assignment created under this chapter shall not be applied to any purposes not permitted by such pledge or assignment.

(g) Any holder of a bond issued by the a uthority under th is chapter or of any of the coupons appertaining thereto and any trustee or other representative under a bond resolution, trust agreement or other agreement securing the same, except to the extent the rights herein given may be restricted by the resolution, trust agreement or other agreement, may bring suit upon the bonds or coupons and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, including proceedings for the appointment of a receiver to take possession and control of the business and properties of the a uthority , to operate and maintain the same, to make any necessary repairs, renewals and replacements in respect thereof and to fix, revise and collect charges, protect and enforce any and all rights under the laws of the commonwealth or granted hereunder or under such bond resolution, trust agreement or other agreement, and may enforce and compel performance of all duties required by this chapter or by such bond resolution, trust agreement or other agreement, to be performed by the a uthority or by any officer thereof.

(h) Before the issuance of any bonds of the a uthority , each member of the board of directors and each officer of the a uthority charged with responsibility for the issuance thereof shall execute a surety bond conditioned on the faithful performance of the duties of the office of each such director and officer, in the sum of $100,000 payable to the a uthority , or, in lieu thereof, the a uthority shall obtain a blanket bond in the same amount covering all such persons, and such bonds or bonds shall be filed in the office of the state secretary.

              Section 23 . The a uthority may issue refunding bonds for the purpose of paying any of its bonds issued pursuant to this chapter at or prior to maturity or upon acceleration or redemption or purchase and retirement. Refunding bonds may be issued at such times at or prior to the maturity, redemption or purchase and retirement of the refunded bonds as the board of directors deems to be in the interest of the a uthority. Refunding bonds may be issued in sufficient amounts to pay or provide for payment of the principal of the bonds being refunded, together with any redemption premium thereon, any interest or discount accrued or to accrue to the date of payment of such bonds, the costs of issuance of the refunding bonds, the expenses of paying, redeeming or purchasing the bonds being refunded, the costs of holding and investing proceeds of refunding bonds pending such payment, redemption or purchase and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by a bond resolution, trust agreement or other agreement securing bonds. The issue and sale of refunding bonds, the maturities and other details thereof, the security therefor , the rights of the holders thereof, and the rights, duties and obligations of the a uthority in respect of the same shall be governed by this chapter relating to the issue of bonds other than refunding bonds insofar as the same may be applicable.

              Section 24 . Bonds issued by the a uthority are hereby made securities in which all public officers and agencies of the commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly be deposited with and received by any state or municipal officer of any agency or political subdivision of the commonwealth for any purpose for which the deposit of bonds or obligations of the commonwealth or any political subdivision is now or may hereafter be authorized by law.

              Section 25 . Bonds may be issued under this chapter without obtaining the consent of any executive office, department, division, commission, board, bureau or agency of the commonwealth or any political subdivision thereof, and without any other proceedings or the happening of any condition or acts other than those proceedings, conditions or acts which are specifically required therefor , and the validity of and security for any bonds issued by the a uthority pursuant to this chapter shall not be affected by the existence or nonexistence of any such consent or other proceedings, conditions or acts. Provisions of this chapter relating to the preparation, adoption or approval of programs and budgets shall not affect the issue of bonds and bonds may be issued either before or after such preparation, adoption or approval.

              Section 26 . Bonds issued under the provisions of this chapter shall not be deemed to be a debt or a pledge of the faith and credit of the commonwealth or of any of its political subdivisions, but shall be payable solely from the funds of the a uthority from which they are made payable pursuant to this chapter . Bonds issued under this chapter shall recite that neither the commonwealth nor any political subdivisions thereof shall be obligated to pay the same and that neither the faith and credit nor the taxing power of the commonwealth or of any political subdivision thereof is pledged to the payment of the principal of or interest on such bonds. Further, every bond shall recite whether it is a general obligation of the a uthority or a special obligation thereof payable solely from particular revenues or funds pledged to its payment. The aggregate principal amount of all bonds issued under this chapter shall not exceed $10,000,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds .

              Section 27.   Notwithstanding any of the provisions of this chapter or any recitals in any bonds issued hereunder, all such bonds shall be deemed to be investment securities under the uniform commercial code.

              Section 28.   All moneys received pursuant this chapter, whether as proceeds from the issue of bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the notes or bonds or the trust agreement securing such notes or bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and such resolution or trust agreement may provide .

              Section 29.   (a) The a uthority shall, at all times, keep full and accurate accounts of its receipts, expenditures, disbursements, assets and liabilities which shall be open to inspection by any officer or duly appointed agent of the commonwealth. The a uthority shall submit an annual report, in writing, to the governor, the president of the senate, the speaker of the house of representatives , the chairman of the senate committee on ways and means, the chairman of the house committee on ways and means and the chairmen of the joint committee on transportation. The report shall include audited financial statements by an independent accounting firm relating to the operations, properties, and capital facility expenditures, including costs of land acquisitions, of the a uthority maintained in accordance with generally accepted accounting principles so far as applicable,  and audited by an independent certified public accountant firm.

(b) Not later than December 31, 2011 and every 5 years thereafter, the a uthority shall submit to the governor, the president of the senate, the speaker of the house of representatives, the chairman of the senate committee on ways and means, the chairman of the house committee on ways and means and the chairmen of the joint committee on transportation a progress report on the a uthority's attainment of its statutory purposes. Each such 5 -year progress report shall be prepared by the a uthority with the assistance of an independent citizen panel which shall include persons selected by the a uthority and approved by the regional transit advisory board established by section 27 of chapter 161B, the parkways advisory board established by section 60 of chapter 81C, the road and bridge advisory board established in section 58 of chapter 81C and the mass transit advisory board established by section 5 who are experienced in environmental protection, civil engineering and public management and finance. The report shall include recommendations concerning the future activities of the a uthority including, but not limited to, changes in this chapter, chapter 81C, chapter 81D and chapter 161B or the a uthority's administrative procedures necessary or desirable for improving the delivery of services. The costs of preparing the report shall be provided for in the current expense budgets of the Authority.

              Section 30.   Annual revenues in excess of expenses shall be allocated in the following order:

( 1 ) to fully fund all debt service reserves required under the trust agreements of any bonds of the authority then outstanding, and to fund in advance the debt service reserve requirements of any bond issuances planned for the upcoming fiscal year, in each case to the extent required by an applicable bond resolution or trust agreement securing bonds of the authority;

( 2 ) to fund the Stabilization Fund established pursuant to the second paragraph of section 21;

( 3 ) 50 per cent of any revenues in excess of expenses remaining after all debt service reserve requirement and the Stabilization Fund are fully funded shall be deposited in the Toll and Fare Stability Fund established pursuant to the third paragraph of said section 21;

( 4 ) 50 per cent of any revenues in excess of expenses remaining after all debt service reserve requirement and the Stabilization Fund are fully funded shall pay for capital improvements in lieu of bond proceeds or be applied to the retirement of outstanding bonds.

              Section 32 .   The authority shall be a public employer as defined in section 1 of chapter 258.

              Section 33.   The a uthority shall be deemed to be a public agency for purposes of, and shall be subject to, sections 44 A to 44 H, inclusive, of chapter 149 , and section 39 M of chapter 30