Bill S.2024

Senate, No. 2024, printed as amended

[Senate, March 2 5 , 2009 – T ext of the Senate Bill moderning the transportation systems of the Commonwealth , being the text of Senate, No. 2023 , printed as amended. ]

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 commonwealth 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 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 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 office of environmental affairs and the executive office 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 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 work cooperatively to adopt best practices to increase efficiency to achieve positive health outcomes through the coordination of land use, transportation and public health policy.  The 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 roads and bridges, the administrator 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 shall:

( i ) promote inter-secretariat cooperation and the establishment of a healthy transportation policy, 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 department of highways Project Development and Design Guide, or its successor, to encourage the construction of complete streets, 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 ) 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 and any revisions thereto shall be submitted for comment and recommendation to the mass transit advisory 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. The program shall be reviewed at least every 5 years to evaluate the achievement of its aims and to re-evaluate its conformity with this section.

The program 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 Disabilities Act, 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.

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 produces 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 each 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 federal government as may be concerned with such program.

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 into 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 cash flow 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 mass transit advisory board, for its review, not later than January 15 of each year.

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

(3)  The secretary, in consultation with the authority, shall adopt such rules, regulations and procedures, including public hearings, as are necessary to provide the following parties with 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 the projects; (ii) elected officials and riders or potential riders from cities and towns affected by the projects; (iii) other public and private organizations, groups and individuals affected by the projects who have provided the secretary with reasonable notice of their desire to participate in the development of the projects. In this paragraph, “timely opportunity” shall mean early enough in the design process 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 a 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 prior to expending any funds for the planning, design and construction of any such project, the secretary of transportation shall request that the administrator of the appropriate division of the Massachusetts Surface Transportation Authority, in consultation with the chief executive officer of the authority,  prepare a fiscal analysis, including life cycle costs,  demonstrating that sufficient revenues exist or will be generated to operate and maintain in good repair a new transportation asset.  This analysis shall be also be submitted to the advisory boards each of the respective divisions of the Massachusetts Surface Transportation Authority. 

If a project for the expansion of mass transit has a projected total cost in excess of $200,000,000, the secretary of transportation shall submit the analysis to the secretary of administration and finance for a determination as to which costs, if any, will become part of the commonwealth’s plan of capital expenditures.  

(5) The long -range transportation plan developed by the secretary of transportation under this section shall ensure that the commonwealth’s total 5-year capital expenditures for road and bridge projects across all capital programs for such projects managed by the executive office, excluding competitive grant programs, shall be equitable across the districts established in section 3 of chapter 57.   For the purposes of this paragraph, “equitable” shall mean not less than 75 per cent of the annual percentage of the total statewide collections of motor vehicle fuel tax generated by each such district ; provided, however, that the minimum percentage shall be 85 per cent for districts in which the revenue generated by registered vehicles that have a Fast Lane transponder exceeds the average revenue generated by registered vehicles that have a Fast Lane transponder in districts statewide.

              (g) Nothing in this section 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. In carrying out the purposes of this section, 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 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 maybe incidental thereto; provided, however, that any preservation, rehabilitation, reconstruction or other improvement of land or rail right-of-way and related facilities or equipment shall not be authorized prior to the acquisition of such land, right-of-way and related facilities or equipment.

Subject to any other applicable laws 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 section: (a) set fees for the processing of applications to lease, license or otherwise use such property; and (b) charge rent for same. Such fees shall be based on the administrative costs necessary to process such applications. Rent shall be calculated as required under other applicable laws. 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 clause (vi) 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.

Such 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 ; provided, however, that the criteria for reasonable return overall shall be established by the secretary pursuant to regulations promulgated in accordance with chapter 30A ; 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 ) to 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; provided, however, the secretary shall be responsible for the preparation of continuing, comprehensive and coordinated rail transportation proposals, plans, programs and projects; provided further, that  the secretary shall submit the proposals, plans, programs and projects for 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) to 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 this section; provided, however, that the 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 if 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 such action;

(iii) to make and enter into any contracts or agreements 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 any 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 laws; provided further, that any such contract or agreement, if made with the Massachusetts Surface Transportation Authority, may include provision for the transfer to said authority 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; any 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 said subsection (c), shall include such provisions, terms or conditions as the secretary of transportation may deem necessary or appropriate;

(iv) to 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 to carry out 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 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 his designee 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 that 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 section 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 section 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 commonwealth in which all or part of a transportation facility is located or any other public entity directly affected by the transportation facility.

“Architectural and engineering services”,: (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 transportation facility, 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 transportation facility, including structures, buildings or real property.

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

“Contract”, any agreement, including a public-private agreement for the procurement, operation or disposal under sections 57 to 70, inclusive, of a transportation facility by the authority.

“Contract modification”, 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 authority under sections 57 to 70, inclusive.

“Cooperative purchasing”, procurement conducted by, or on behalf of, an affected jurisdiction.

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

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

“Design requirements”, the written description of the transportation facility or service to be procured under sections 57 to 70, inclusive, including:

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

(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 peer reviewer services”, additional architectural and engineering services provided to the authority 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 authority.

“Material default”, failure of a contractor 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 authority of the failure.

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

“Operator”, a private entity that has entered into a public-private agreement to provide design-build-finance-operate-maintain or design-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 transportation facility 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 contract between a private entity and the authority that relates to the development, financing, maintenance or operation of a transportation facility subject to sections 57 to 70, inclusive.

“Request for proposals”, all documents, whether attached to or incorporated by reference, utilized for soliciting proposals for a transportation facility under sections 57 to 70, inclusive.

“Responsible bidder or offeror ”, a person who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability to assure good faith performance.

“Responsive bidder”, a person who has submitted a bid which conforms in all material respects to the invitation for bids.

“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 authority 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 design-build-finance-operate-maintain or design-build-operate-maintain services with that responsible and responsive offeror submitting the proposal that is most advantageous to the authority through the sale, lease, operation and maintenance of a transportation facility within the commonwealth; provided, however, that such proposal shall be in full compliance with all applicable requirements of federal, state and local law, including section 26 to 27H, 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 design-build-finance-operate-maintain or design-build-operate-maintain services, the authority shall utilize the following competitive sealed proposals procurement approach:

(2) each request for proposals 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 authority 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 request for qualifications in advance of the request for proposals; 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 request for proposals 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 request for proposals;

(3) adequate public notice of the request for proposals shall be provided;

(4) proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation and  a register of proposals shall be prepared by the authority and shall be open for public inspection after contract award; and

(5) (A)               The request for proposals shall state the relative importance of price and other factors and subfactors , if any.

(B) Each request for proposals 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 transportation facility; (6) lowest user charges or price over the term of the design-build-operate-maintain and design-build-finance-operate-maintain contract; 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 authority, require each offeror to identify an independent peer reviewer 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 authority for procurement using design-build-operate-maintain and design-build-finance-operate-maintain .

(6) As provided in the request for proposals, and under regulations issued by the authority, 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 acquiring agency, taking into consideration the price and the evaluation factors set forth in the request for proposals.  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 authority 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 authority of information that the private entity has identified as 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 authority 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 66and said clause twenty-sixth of said section 7 of aid chapter 4.

Section 59. (a) The request for proposals shall contain the proposed form of contract or public-private agreement to be executed between the successful offeror and the authority upon award, and shall have been approved as to content and form by the special public-private infrastructure oversight commission and by the authority before the request for proposals is issued, pursuant to section 58.  The inspector general and the attorney general shall have 30 days from the receipt of a draft of the proposed form of contract to notify the special public-private infrastructure oversight commission in writing of any material objections to the draft form of contract. Before issuing any request for proposal, the authority shall prepare a written response to reports submitted to it by the special public-private infrastructure oversight commission which response shall state the basis for any substantial divergence between the actions of the authority and the recommendations contained in such reports of said commission.  The authority and the successful offeror shall only make non-material changes in the content and form of the public-private agreement contained in the request for proposals.

(b) (1) After selecting a solicited or unsolicited proposal for a public-private initiative, the authority shall enter into the public-private agreement 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 authority 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 authority 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, state and local laws;

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

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

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

(10) inspection by the authority and the independent peer reviewer 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 authority;

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

(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 authority, in a form acceptable to the authority;

(14) financing obligations of the operator and the authority;

(15) apportionment of expenses between the operator and the authority;

(16) the rights and duties of the operator, the authority, and other state 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 authority, as required by applicable law;

(19) assignment, subcontracting or other delegation of responsibilities of the operator or the authority under the agreement to third parties, including other private entities and other state 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) the operator’s 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) the operator’s 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.

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

(29) other terms and conditions.

Section 60.   Upon the end of the term of the public-private agreement 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 shall revert to the authority and shall be dedicated to the authority 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 contractor or its financing institution on the contractor’s behalf, to cure such material default within 30 days of written notice of such default by the authority, the authority 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 authority elects to take over a transportation facility under subsection (a), the authority:

(1) shall make interim payments, on behalf of the contractor and for the contractor’s account, of any amounts subject to a mechanics lien law of the commonwealth;

(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 authority may issue and sell bonds or notes of the authority 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 authority;

(B) shall not constitute a debt of the commonwealth 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 authority, 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 authority for such purpose.

(b) (1) For the purpose of financing a transportation facility, the authority 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 purposes of sections 57 to 70, inclusive, shall not be considered a debt of the commonwealth or any political subdivision thereof state or a pledge of the faith and credit of the state or any political subdivision of the commonwealth.

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

Section 63.  (a) (1) The authority 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 authority 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 authority 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 authority 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 authority may combine Federal, state, local and private funds to finance a transportation facility under sections 57 to 70, inclusive.

Section 64.  (a) Section 9 of chapter 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 authority and leased, licensed, financed or otherwise conveyed to an operator; or

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

Section 65.  The authority 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.

Section 66. (a) Law 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.  This 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 commonwealth or any officer or employee of the commonwealth with respect to the participation in or approval of all or any part of the transportation facility or its operation.

Section 69. The authority 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 requests for proposals 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 or members or employees of the legislature for a period of at least 2 years prior to his appointment. The commission shall include: 4 members to be appointed by the governor, 1 of whom shall be a representative from the Massachusetts Organization of State Engineers and   Scientists and 3 of whom shall reside in different geographic regions of the commonwealth, for terms of 2 years; 1 member to be appointed by the president of the senate for a term of 2 years; 1 member to be appointed by the speaker of the house of representatives for a term of 2 years; 1 member to be appointed by the state treasurer, but who shall not be an employee thereof, for a term of 2 years. Each member 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; provided, however, that one of the members appointed by the governor shall be an expert in the field of public finance, 1 member appointed by the governor shall be an expert in the field of transportation and 1 member 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 such member shall serve for more than 3 terms. No member shall have served as a legislative agent for the period of 5 years prior to his appointment.

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, no director shall have been a member or employee of the general court or an employee of the executive branch for a period of 2 years prior to his appointment, and no director shall have been employed by an organization that has business before the authority, or any predecessor agency or authority, for a period of at least 2 years prior to his appointment.

Whenever the authority notifies the commission of its intent to issue a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the authority shall submit a draft of the request for proposal to the commission for its review and approval.  As provided in section 58, no request for proposal shall be issued by the authority 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 request for proposal within 15 days.

For each request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the commission shall report on issues surrounding the request for proposal, 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 commonwealth 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 report shall be delivered within 30 days of the commission’s approval of a request for proposal 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. 

In order to submit the commission’s written approval of a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services to the state auditor, the commission’s process shall be sufficient to satisfy the requirements of sections 52 to 55, inclusive.

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 35T, 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 such 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 Department of Labor.

(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 than the base revenue amount as certified pursuant to subsection (b) there 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 fund 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 fund, the sums credited to the fund 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 fund 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 fund, 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 fund 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 fund 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 fund 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 fund 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 fund.

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 fund 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 fund, 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 laws 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 fund.  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 fund 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 fund 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 fund:

(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 fund shall be transferred from the fund to any other fund of the commonwealth 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) for 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) for 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) for 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) to 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) for contributions to regional transit authorities under section 23 of chapter 161B;

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

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

(j) for expenditures to meet any remaining assistance requirements from the commonwealth 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 fund 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 section 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 chapter 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.   Section 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 14 1/2.   Subsection (a) of section 39M1/2 of chapter 30 of the General Laws, inserted by section 12 of chapter 303 of the acts of 2008, is hereby amended by striking out the definition of “Major contract” and inserting in place thereof the following definition:-

“Major contract”, a contract by which the commonwealth or any of its public agencies or authorities is to procure the construction, repair or rehabilitation of a publicly-owned highway, railway, bridge, tunnel, building platform or any component thereof and for which the certified estimate of cost exceeds $50,000,000 , or a contract or lease by which the commonwealth or any of its public agencies or authorities is to procure, directly or indirectly the construction, repair or rehabilitation of a privately-owned, publicly-used highway, railway, bridge, tunnel, building platform or any component thereof.

SECTION 14A.   Section 1 of chapter 30B of the General Laws is hereby amended by striking out, in line 45, as appearing in the 2006 Official Edition the word ", designers".

SECTION 14B.   Subsection (b) of said section 1 of said chapter 30B is hereby amended by inserting after clause (32), as so appearing, the following clause:-

(32A) contracts with architects, engineers and related professionals;.

SECTION 14C. Section 2 of said chapter 30B, as so appearing,  is hereby amended by inserting before the definition of “Bid” the following definition:-

"Architect and engineers, a person performing professional services of an architectural or engineering nature, as defined by law, which are required to be performed or approved by a person licensed, registered or certified to provide such services as described herein; professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, investigations, inspections, tests, evaluations, consultations, program management, value engineering, construction, alteration, or repair of real property and such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions and individuals in their employ may logically or justifiably perform, including studies; investigations; surveying and mapping; soil tests; construction phase services; drawing reviews; evaluations; consultations; comprehensive planning; program management; conceptual designs, plans and specifications; soils engineering; cost estimates or programs; preparation of drawings, plans, or specifications; supervision or administration of a construction contract; construction management or scheduling; preparation of operation and maintenance manuals and other related services.

SECTION 14D.   Said section 2 of said chapter 30B, as so appearing, is hereby further amended by striking out the definition of “Designer”.

SECTION 14E.   Said section 2 of sa id chapter 30B, as so appearing,  is hereby further amended by inserting after the definition of “Purchase description” the following definition:-

"Related professionals", professionals engaged in professional services, including land surveying, landscape architecture, environmental science, planning, and licensed site professionals, which are required to be performed or approved by a person licensed, registered, or certified to provide such services as described herein, including professional services performed by contract that are associated with research, planning, development, design, investigations, inspections, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, value engineering, construction, alteration, or repair of real property and such other professional services or incidental services which members of the related professions and individuals in their employ may logically or justifiably perform, including master plans, studies, surveys, soil tests, cost estimates or programs; preparation of drawings, plans, or specifications; supervision or administration of a construction contract; construction management or scheduling; conceptual designs, plans and specifications; construction phase services, soils engineering, drawing reviews, cost estimating, preparation of operation and maintenance manuals and other related services; provided, however, that nothing herein shall be construed to constitute regulation or oversight of any designated firms or identified professional services.

SECTION 14F.   Said chapter 30B is hereby further amended by adding the following section:-

              Section 21.  (a)  For the purposes of this section the following terms shall have the following meanings:

“Agency”, a department, commission, council, board, bureau, committee, institution, agency, state college or university, government corporation, authority or other establishment or procurement office of the commonwealth.

              “Architectural and engineering services”, ( i ) professional services of an architectural or engineering nature, as defined by state law, which are required to be performed or approved by a person licensed, registered or certified to provide those services as described herein; (ii) professional services of an architectural or engineering nature performed by contract that are associated with research planning, development, design, investigations, inspections, tests, evaluations, consultations, program management, value engineering, construction, alteration, or repair of real property; and (iii) such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions and individuals in their employ may logically or justifiably perform, including studies; investigations; surveying and mapping; soil tests; construction phase services; drawing reviews; evaluations; consultations; comprehensive planning; program management; conceptual designs, plan and specifications; soils engineering; cost estimates or programs; preparation of drawings, plans, or specifications; supervision or administration of a construction contract; construction management or scheduling; preparation of operation and maintenance manuals and other related services.

              “Firm”, an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, engineering, land surveying, landscape architecture, environmental science, planning or program management. “Project”, a capital improvement project or a design, study, plan, survey or new or existing program activity of a state agency, including the development of new or existing programs that require architectural, engineering or related professional services, but shall not include a public building construction project undertaken under section 149 or 149A of chapter 7.

“Related Professional Services”, ( i ) professional services, including land surveying, landscape architecture, environmental science and planning, which are required to be performed or approved by a person licensed, registered, or certified to provide such services as described herein; (ii) professional services performed by contract that are associated with research, planning, development, design, investigations, inspections, surveying and mapping, tests, evaluations, consultations, comprehensive planning program management, value engineering, construction, alteration or repair of real property; and (iii) such other professional services, or incidental services, which members of the related professions as described herein and individuals in their employ may logically or justifiably perform, including master plans, studies, surveys, soil tests, cost estimates or programs; preparation of drawings, plans or specifications supervision or administration of a construction contract; construction management or scheduling; conceptual designs, plans and specifications; construction phase services, soils engineering, drawing reviews, cost estimating, preparation of operation and maintenance manuals, and other related services; provided, however, that nothing herein shall be construed to constitute a regulation or oversight of any designated firms or identified professionals’ services.

(b)  For those agencies that prequalify architectural, engineering, and related services, the agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data.

              (c) Whenever a project requiring architectural, engineering, or related professional services is proposed for a state agency, the agency shall provide no less than 14 days advance notice published in a professional services bulletin or advertised on the official state agency website setting forth the projects and services to be procured. The professional services bulletin shall be made available to each firm that requests the information. The professional services bulletin shall include a description of each project and shall state the time and place for an interested firm to submit a letter of interest and, if required by the public notice, a statement of qualifications. If the agency determines that a sole source selection of a qualified firm is in the best interest of the agency, then the public notice provisions of this subsection shall not apply.

(d) An agency shall evaluate the firms’ submitting letters of interest and other prequalified firms, taking into account qualifications, and the agency may consider, but shall not be limited to considering, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the firm and any other qualifications based on factors that the agency may determine in writing are applicable. The agency may conduct discussions with and require presentations by firms deemed to be the most qualified regarding their qualifications, approach to the project and ability to furnish the required services.  In no case shall an agency, prior to selecting a firm for negotiation seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.

              (e) (1) An agency shall select architects, engineers and related professional firms on the               basis of qualifications for the type of professional services required. An agency may solicit or use pricing policies and proposals or other pricing information to determine consultant compensation only after the agency has selected a firm and initiated negotiations with the selected firm.

              (2) The procedures that an agency creates for the screening and selection of firms shall be within the sole discretion of the agency and may be adjusted to accommodate the agency's scope, schedule and budget objectives for a particular project. Adjustments to accommodate an agency's objectives may include provision for the direct appointment of a firm if the value of the project does not exceed $25,000, or if the agency determines that a sole source selection of a qualified firm is in the best interest of the agency and the project is not publicly advertised.

              (3) The decision of an agency that has complied with this chapter shall be final and binding.

              (f) (1) The agency and the selected firm shall discuss and refine the scope of services for the project and shall negotiate conditions including, but not limited to, compensation level and performance schedule based on scope of services. The compensation level paid shall be reasonable and fair to the agency as determined solely by the agency. In making such determination, the agency shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature thereof.

              (2) If the agency and the selected firm are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, in writing, formally terminate negotiations with the selected firm. The agency shall then negotiate with the second ranked most qualified firm. The negotiation process shall continue in this manner through successive ranked firms until an agreement is reached or the agency terminates the consultant contracting process.

(g) This chapter shall not apply to architectural, engineering and related professional services contracts of less than $25,000 or sole source contracts that are awarded to a qualified firm as determined to be in the best interest of the agency, where only 1 firm has been solicited regarding the project and the project is not publicly advertised.

              (h) This chapter shall not apply to the procurement of architectural, engineering, and related professional services by agencies: ( i ) when an agency determines in writing that it is in the best interest of the state to proceed with the immediate selection of a firm: or (ii) in emergencies when immediate services are necessary to protect the public health and safety including, but not limited to, earthquake, tornado, storm, or natural or man-made disaster.

( i ) Each agency shall evaluate the performance of each firm upon completion of a contract. That evaluation shall be made available to the firm which may submit a written response, with the evaluation and response retained solely by the agency. The evaluation and response shall not be made available to any other person or firm shall be exempt from disclosure under section 10 of chapter 66.

(j) Each contract for architectural, engineering, and related professional services by an agency shall contain a certificate signed by a representative of the agency and the firm that each has complied with this chapter.

SECTION 15.   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 16.   Chapter 64E of the General Laws is hereby amended by striking out

Section 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 17.   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. Section 3 of chapter 12 shall apply to the authority.

Section 2.   The authority shall be managed by a bo ard of 11 directors, 1 of whom shall be the secretary of transportation who shall serve as chairman of the board and 10 of whom shall be appointed by the governor. No   director shall be additionally compensated for such service.   None, except for the foregoing appointment, shall be members of the general court or employees of the executive branch or employees of the legislature.   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 a representative of the service area of the Massachusetts Bay Transportation Authority, or any successor agency thereof; 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; 1 shall be shall a member of a national or international labor organization ; and 1 shall be an expert in the field of transportation law or organizational change.   Not more than 6 of the 11 directors shall be members of the same political party.   Directors shall reside in different geographic regions of the commonwealth such that at least: 1 director shall reside in Berkshire, Franklin or Hampshire  county; 1 director shall reside in Hampden county ; 1 director shall reside in Worcester county; 1 director shall reside in Middlesex county ; 1 director shall reside in Essex county ; 1 director shall reside in Plymouth, Barnstable, Dukes or Nantucket county; and 1 director shall reside within the turnpike corridor between exits 11A east, at the interchange with Route 495, and exit 14 at the interchange with Route 128. No director shall have been a registered legislative agent, as defined in section 39 of chapter 3 of the General Laws for a period of at least 5 years prior to his appointment, no director shall have been a member of the general court or employee of the executive branch or of the general court for a period of 2 years prior to his appointment, and no director shall have been employed by an organization that has business before the authority, 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 authority 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.

Section 3 of chapter 12 shall 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 chapter, as soon as a quorum of the board of directors is appointed, the authority shall undertake the following:  ( i ) appointment of a chief executive officer whose term of employment shall not extend beyond 5 years at a time; (ii), in coordination with the secretary of transportation, development of rules and regulations for the  implementation of this chapter; (iii) implement any powers or enact any rule and regulations to affect the implementation of this chapter. Until the appointment and qualification of the board of directors of the authority constituting a quorum of the board is achieved, the secretary of transportation, 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 their 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 authority, appointed by the board pursuant to section 4.

"Cost", as applied to any project of the authority 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 under this chapter.

"Costs of issuance", any amounts payable or reimbursable directly or indirectly by the authority 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 in 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 authority and engaging in other activities authorized by this chapter including, without limiting the generality of the foregoing, amounts for administrative expenses of the authority 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 authority, taxes upon the authority or its income, operations or property and payments in lieu of such taxes, costs incurred or payable by the authority with respect to the assets under the possession, custody and control of the authority, costs of issuance not financed in the cost of a project, and other current expenses required or permitted by law to be paid by the authority including the funding of reasonable reserves for upgrading, maintenance, repair, replacements, insurance, emergency 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 memorial bridge, 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 authority from operation of the assets under the possession, custody and control of the authority and all other activities or properties of the authority including, without limiting the generality of the foregoing, proceeds of grants, gifts or appropriations to the authority, investment earnings and proceeds of insurance or condemnation, and the sale or other disposition 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 156B;

                  (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 authority 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 30A 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, such 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 such 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 30A 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 the amount of any such civil or criminal penalty shall not exceed $500 for each offense, unless the law otherwise provides; provided, further, that the full amount of a civil penalty shall be paid to the authority and 80 per cent of any penalty recovered in a criminal proceeding shall be accounted for and paid to the authority; provided, further, that the 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 30A;

                  (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 committees 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 the 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 in 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 otherwise, 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 intersects with or abuts 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 all 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 the 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 the 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 44A to 44 J, inclusive, of chapter 149 and sections 39F to 39M, 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  notwithstanding 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 authority shall engage consultants to perform only those services for the authority 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 manner 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 any such other party is hereby given power and authority to enter into any such agreements, subject to applicable laws ; provided further, that any 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 such agreements may provide for cash payments for services rendered, but not more than permits 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 the 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. The authority 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 authority 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 authority, 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 commonwealth.

              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.

(c)    The chief executive officer shall use the performance criteria established in this section to determine the quality of service of all private entities, including commuter rail providers, that perform transportation services on behalf of the authority. The results of such performance measures shall be criteria used in negotiating any contracts . 

              Section 7.   Unless otherwise required under section 6A of chapter 31 or any other general or special law the 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 authority   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 authority 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 authority 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 authority shall charge the agencies, departments, offices, divisions and commissions of the executive office of transportation for such services, subject to appropriation. 

(b) The authority 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 authority, shall adhere to good business practices to be determined by the authority in its procurement of equipment, materials, property, supplies and services.

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

(d) On December 15 and at 6-month intervals thereafter, the chief executive officer of the authority 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 authority’s progress in implementing the requirements of this section, the capital expenditures made by the authority 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.  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 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: (1) 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 authority 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 authority 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; provided further, that the authority shall continue operation of the 50 per cent toll discount program approved by the  Massachusetts Turnpike Authority board of directors in open meeting on June 28, 2002 for account holders who participate in the authority's electronic toll collection system ; and (2) 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 deems 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. This 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 chapter 150E and, for purposes of said chapter 150E, 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 transfer, except to the extent expressly inconsistent with this chapter, 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 said chapter 150E. Existing bargaining units shall remain in full force and effect for those employees transferred to the authority until the expiration of the collective bargaining units covering those employees. 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 chapter 150E and this chapter.  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 said chapter 150E and this chapter.   

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 an 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) the average consumer price for goods and services, commonly known as the cost of living;

(g) changes 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 sections 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 authority shall adopt an annual budget for its current expenses which budget the authority 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 authority may from time to time adopt amendments to current expense budgets which the authority 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 authority 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 authority shall be deemed not to be regulations or adjudications for purposes of chapter 30A. Proposed capital expenditure budgets shall be submitted to the advisory board for each division for such consultation not less than 60 days prior to adoption or revision by the authority. The authority 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 authority and the recommendations contained in such reports of the advisory board. The authority shall be deemed to be a public agency subject to the recordkeeping and reporting requirements of paragraph (4) of section 40A 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 authority may provide, by resolution of the board of directors, for the issuance, from time to time, of bonds of the authority for any of its corporate purposes or for the borrowing of money in anticipation of the issuance of such bonds. Bonds issued by the authority may be issued as general obligations of the authority 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 authority 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 authority, 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 authority other than such temporary notes as the same may be applicable; provided, however, that notes issued in anticipation of revenues shall mature not later than 1 year from the respective dates thereof and notes issued in anticipation of grants, or other aid and renewals thereof, shall mature not 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 authority, and shall mature or otherwise be payable at such time or times, as may be determined by the authority, and may be made redeemable before maturity at the option of the authority or the holder thereof at such price or prices and under such terms and conditions as may be fixed by the authority. Prior to the initial issuance of each series of bonds, the authority 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 authority 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 authority 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 authority 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 authority 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 authority, 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 authority pertaining to any bond registered under such registration system certified by an authorized officer of the authority or by the agent of the authority maintaining such system shall be admissible in any proceeding without further authentication. The authority 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 authority or any combination thereof the power to determine any of the matters set forth in this section. In the discretion of the authority, bonds of the authority may be issued with such terms as will cause the interest thereon to be subject to federal income taxation. The authority 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 authority 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 authority may also provide for replacement of any bonds which shall have become mutilated or shall have been destroyed or lost. The authority, 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 authority 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 authority, 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 authority and the purchasers or holders of such bonds or between the authority 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, established 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 authority 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 authority 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 authority 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 authority and to furnish indemnification and to provide security as may be required by the authority. Any pledge of revenues and other funds made by the authority 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 authority 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 authority, 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 authority and no filing need be made under the uniform commercial code. Any pledge or assignment made under the authority 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 authority under this 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 authority, 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 authority or by any officer thereof.

(h) Before the issuance of any bonds of the authority, each member of the board of directors and each officer of the authority 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 authority, or, in lieu thereof, the authority 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 authority 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 authority. 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 authority 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 authority 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 authority 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 authority 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 authority 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 authority 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 authority 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 authority 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 authority 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 authority's attainment of its statutory purposes. Each such 5-year progress report shall be prepared by the authority with the assistance of an independent citizen panel which shall include persons selected by the authority 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 authority including, but not limited to, changes in this chapter, chapter 81C, chapter 81D and chapter 161B or the authority'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 authority shall be deemed to be a public agency for purposes of, and shall be subject to, sections 44A to 44H, inclusive, of chapter 149, and section 39M of chapter 30, and shall comply with requirements applicable to an independent public authority for publication of contract information in the central register established under section 20A of chapter 9 . The authority shall not be subject to supervision under section 22 of chapter 7, but 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 authority, shall adhere to good business practices to be determined by the authority in its procurement of equipment, materials, property, supplies and services.

              Section 34.  (a) All local bodies and all public agencies, instrumentalities, commissions and authorities of the commonwealth are hereby authorized and empowered to undertake activities, programs and projects in conjunction with the authority in furtherance of the purposes of this chapter including, without limiting the generality of the foregoing, to join in investigations and studies, and to grant applications and applications for project approvals.

(b) Except with respect to real property acquired or held for purposes described in Article XCVII of the amendments to the constitution of the commonwealth, all local bodies and all public agencies, instrumentalities, commissions and authorities of the commonwealth, may lease, lend, grant or convey to the authority, upon such terms and conditions as the proper authorities of such public bodies, public agencies, instrumentalities, commissions and authorities of the commonwealth may deem appropriate and without the necessity of any action or formality other than the regular and formal action of such public bodies, agencies, instrumentalities, commissions and authorities of the commonwealth, any interest in any real or personal property which may be necessary or convenient to effect the purposes of the authority.

              Section 35.  Under this chapter, chapter 81C and chapter 81D: ( i ) no lands or easements taken or acquired for the purposes authorized by article XCVII of the amendments to the constitution of the commonwealth shall be used for other purposes or disposed of; and (ii) no lands devoted to the public use shall be diverted to another inconsistent public use, except in all instances in accordance with the laws and the constitution of the commonwealth.

              Section 36.  The superior court department of the trial court shall have jurisdiction to enforce rights and duties created by this chapter, and on complaint of the authority may restrain violations of the authority's regulations and otherwise enforce by any appropriate remedy, including without limiting the generality of the foregoing, injunctive relief, the regulations, licenses, permits, orders, penalties and charges of the authority. Penalties and charges established by or under authorization of this chapter shall be collected for the account of the authority and paid over to the authority. Except for rights of action expressly conferred upon the Authority, no provision of this chapter shall create private rights of action in enforcement proceedings.

              Section 37.  Notwithstanding any general or special law or this chapter to the contrary, no officer of the authority shall enter into any consent decree in any court of any jurisdiction without prior approval of the governor.

              Section 38.  The authority and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the authority shall have bonds outstanding without adequate provision for the complete payment or satisfaction thereof. Upon termination of the authority, the title to all funds and other properties owned by it which remain after the payment or satisfaction of all bonds of the authority shall vest in the commonwealth.  The obligations, debts and liabilities of the authority shall be assumed by and imposed upon the commonwealth.

              Section 39.  Chapter 12A shall apply to the authority.

              Section 40.  There shall be an internal special audit unit within the authority which shall monitor the quality, efficiency and integrity of the authority’s operating and capital programs and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public or private transportation funds.  The unit shall be headed by a director, who shall be appointed by the inspector general council, established in section 3 of chapter 12A . .  Employees of the internal special audit unit shall have experience in accounting, auditing, financial analysis, applicable law, business management, and public administration, shall devote their full-time efforts to the unit and shall not be assigned direct operating responsibilities. 

At any time, the director may report and refer his findings to the inspector general so that the inspector general may conduct an investigation as defined in chapter 12A and the results of such investigation may be referred to the attorney general for appropriate action. 

              Section 41.  Notwithstanding any general or special law to the contrary, the authority shall not seek federal approval for, nor undertake the design, installation and construction of, new toll facilities on the state highway system.

Section 42.   The authority shall be subject to section 8 of chapter 268A of the General Laws and thereby shall be prohibited from implementing competitively procured owner-controlled insurance programs.

Section 43.  The authority shall adopt and implement: ( i ) a buy green initiative for authority projects in furtherance of the greenhouse gas emission limits established in chapter 21N; and (ii) a build green initiative for the construction of new transportation facilities over 10,000 square feet in accordance with applicable law.

 

CHAPTER 81C

The Division of Roads and Bridges

              Section 1.  (a) Without limiting the generality of the powers granted to the authority under the provisions of chapter 81B or other provisions of this chapter, the following provisions are made for the operation, improvement and construction of the state highway system.

(b)  There is hereby established a division of roads and bridges within the authority.  The division shall consist of the following bureaus: administrative services; parkway maintenance; trails and bikeways; highway engineering; highway construction; and highway maintenance.  Each such bureau shall be under the direction, control and supervision of the administrator of the division of roads and bridges, as defined in section 2.  The administrator shall assign to all officials, agents and employees of the bureaus their respective duties.

              Section 2.  The division shall be under the direction of an administrator, who shall be appointed by the chief executive officer of the authority and who shall serve at his pleasure. The administrator shall be responsible for administering and enforcing this chapter relative to the administration of each bureau or other section thereof under his control and supervision unless otherwise provided herein, subject to the supervision of the chief executive officer of the authority.

The administrator shall be exempt from chapter 31 and the position of administrator shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The administrator shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as the construction, operations or financing thereof or other relevant experience relative to the efficient exercise of his powers and duties. The commissioner shall administer this section and the General Laws, rules and regulations that grant powers to or impose duties upon the division               , subject to the supervision of the chief executive officer.

(a) The administrator shall establish a procedure for recommending to the chief executive officer approval or disapproval of all contracts, including specifications, made by the division, and any changes, alterations, amendments or modifications thereof and for contract appeals of all claims made under any contract with the division with the exception of claims subject to section 39Q of chapter 30. Any person aggrieved by a decision of the chief executive officer acting in regard to contract appeals may bring suit against the authority for recovery of damages based on such claim under chapter 258.

              To assist the chief executive officer and administrator in performing this function, the chief executive officer may appoint and remove a person of legal training and experience, who shall be a member of the bar of the commonwealth, to the position of hearing examiner. The hearing examiner shall devote full-time during business hours to the duties of his position. The position shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The chief executive officer may refer any dispute concerning contracts, contract specifications or the execution of contracts not subject to the said section 39Q of said chapter 30 to the hearing examiner for a report on the matter including a recommendation as to the disposition of the dispute.

The hearing examiner shall hear all claims by contractors from determinations of the department with the exception of claims subject to said section 39Q of said chapter 30 and shall, after hearing, render to the chief executive officer a report of the matter including a recommendation as to the disposition of the claim. The examiner shall, at the request of the contractor or of the division or on his own motion, summon witnesses and require the production of books and records and take testimony under oath. Such report shall be maintained as public records in a place and form fully accessible to the public.

(b) The administrator shall appoint and may remove all employees in the division, subject to the approval of the chief executive officer of the authority. Except as provided in this chapter or as otherwise provided by law, all such appointments and removals shall be made in accordance with chapter 31. From time to time, the administrator may, subject to appropriation and regulation, employ such consultants as he may consider necessary; provided, however, that such consultants shall be engaged to perform only those services for the division which regular employees of the division are unable to perform owing to lack of special expertise or other inability to perform such services on the schedule or in the manner required by the division.

              The administrator may appoint and remove, without regard to chapter 31 but with the approval of the chief executive officer: a chief engineer; 5 deputy chief engineers; an assistant chief engineer; a highway and structures engineer; a bridge engineer; highway engineers; parkway engineers; district highway engineers; a director to serve in the division of administrative services; 4 executive assistants to the administrator; a director of the right of way bureau; and a director of public information. The total number of appointments to be made by the administrator under this paragraph shall not exceed 35. No person holding an appointment under this paragraph shall be subject to chapter 31 or section 9A of chapter 30. Nothing in this section shall be deemed to exempt the positions named herein from sections 45 to 50, inclusive, of said chapter 30. So far as practicable in the judgment of the administrator, appointments to said positions not classified under said chapter 31 shall be made by promoting employees of the division serving in positions so classified. Any person appointed to the position of chief engineer, deputy chief engineer, assistant chief engineer, highway and structures engineer, bridge engineer, parkway engineer, highway engineer or district highway engineer, shall be a person of experience and skill as an engineer and shall be: ( i ) an employee of the bureau holding an office or position classified under said chapter 31 with permanent status of senior civil engineer or higher; (ii) a registered professional engineer; or (iii) a person who has received the degree of bachelor of science in an appropriate engineering discipline from an accredited college or university. If an employee of the division having permanent status in a position classified under or having tenure by reason of section 9A of said chapter 30 is so promoted to such unclassified position, upon termination of service in such unclassified position the employee shall be restored to the position from which he was promoted; or to a position equivalent thereto in the salary grade in the same state agency; or if he had been promoted in accordance with said chapter 31 during promotion in the unclassified position, to the position to which he was so promoted or to a position equivalent thereto in salary grade in the same state agency. In cases of restoration under said chapter 31, or under said section 9A of said chapter 30, such restoration shall be without impairment of civil service status or tenure under said section 9A, and without loss of the seniority, retirement and other rights to which uninterrupted service in the position would have entitled the employee; provided, however, that if his service in such unclassified position has been terminated for cause, the employee's right to be restored shall be determined by section 43 of said chapter 31. During the period of such appointment the person so appointed shall be eligible to take any competitive promotional examination for which he or she would otherwise have been eligible.

              (c) The administrator shall, from time to time, establish such bureaus, section, and district and other offices as shall be necessary for the efficient and economical administration of the division and, if necessary for such purpose, may, from time to time, with the approval of the chief executive officer, consolidate or abolish the same. The administrator shall prepare and keep current a general statement of the organization of the division, of the assignment of functions to its various administrative units, officials and employees, and of the established places at which and the methods whereby the public may secure information or make requests, such statement to be known as the division’s “description of organization”. The administrator shall file with the state secretary an attested copy of such description and of each amendment thereto.

(d) With the approval of the personnel director, the chief executive officer may establish in the division of roads and bridges a program of engineering internship and, may recruit qualified persons to serve in the division as highway engineer interns.

The number of persons employed in the division as highway engineer interns shall at no time exceed 7, nor may such highway engineer interns employed by the division be placed in a salary grade higher than that of a junior civil engineer in the division.

No person shall be appointed or employed as a highway engineer intern except upon requisition made by the administrator and upon certification by the personnel director from an eligible list prepared in accordance with the provisions of chapter 31 and the rules made thereunder ; provided, however, that the personnel director shall establish such eligible list before June 1 in each calendar year by holding a competitive examination which shall be open only to persons who, as candidates for the degree of bachelor of science in engineering are enrolled in at least the junior year as students in any college of the commonwealth, or are Massachusetts residents attending a college of recognized standing outside the commonwealth, and to persons who, within the 4 years next preceding, have been awarded the degree of bachelor of science in engineering from a college of recognized standing. The eligible list established each year shall expire upon the establishment of the eligible list in the following year. No person shall be certified for appointment as a highway engineer intern unless he has been awarded the degree of bachelor of science in engineering.

Upon appointment as a highway engineer intern, made in accordance with chapter 31 and the rules made thereunder , the appointee shall sign an agreement binding him to serve as highway engineer intern for a minimum of 2 years unless his employment is sooner terminated by the administrator. It shall be the duty of the administrator to rotate the assignments of each intern during his period of employment in order that he may acquire diversified experience in the engineering programs of the division.

The names of persons appointed as highway engineer interns shall be entered in order of date of appointment on a list to be known as “highway engineer intern list” in the division of civil service.

Upon completion of 2 years of employment as interns under agreements provided for in this section, persons shall be eligible without further examination for appointment as junior civil engineers providing a vacancy exists in said title in the division and, upon requisition of the administrator, the names of such persons shall be certified for appointment by the personnel director from the highway engineer intern list, in accordance with the rules of the civil service commission, except that the basis of certification shall be the order of appointment to such highway engineer intern list.

(e) The administrator may establish a co-operative engineer program and may enter into agreements with colleges of recognized standing within the commonwealth, including colleges which have summer programs, which have established a curriculum leading to a degree of bachelor of science in engineering on a co-operative basis, contemplating regularly rotating work activity in the field of engineering and an equal period of classroom training. He may employ persons enrolled as candidates for the degree of bachelor of science in engineering in any such colleges to serve in the division in the position of student engineer; provided, however, that the position of student engineer shall be in a grade lower than that of junior civil engineer in the division, and provided that at no time shall the number of persons employed in the division as student engineers exceed 8. Upon completion of not less than 2 years of employment as student engineer, a person shall be eligible to apply for the examination for highway engineer intern. No person shall be employed as a student engineer for more than 6 years.

(f) The administrator may promulgate rules and regulations to effectuate the purposes of this chapter.

(g) There shall be an office of outdoor advertising within the division, for the purpose of regulating and controlling, in the public interest, the erection and maintenance of billboards, signs, or other advertising devices in accordance with state and federal law. The office shall be under the administration and supervision of an executive officer who shall be an employee of the division. The executive officer shall arrange for the cooperation of district engineers of the division of roads and bridges and other field employees of the division in reporting the location of billboards, signs or other advertising devices along state highways, and in enforcing the rules and regulations of the office.  Whenever any action by the office is required to be in writing, such writing shall be sufficient when signed by the executive officer.  The executive officer shall make an annual report for the preceding calendar year setting forth the number of permits granted, the number of permits refused, the number of hearings held, the number of illegal signs removed, and other relevant matters to the general court and to the administrator of the division of roads and bridges in January of each year.

              Section 2A.  Unless otherwise required under section 6A of chapter 31 or any other general or special law to the contrary, the administrator 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 division and, notwithstanding any general or special law to the contrary, all information compiled by said program shall be confidential and exempt from clause Twenty-sixth of section 7 of chapter 4 and section 10 of chapter 66.  The division 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 3.  The division may:

(a) administer the design, construction, operation and maintenance of the roads and bridges of the commonwealth;

(b) enter into any contracts and agreements necessary or desirable to carry out its purposes;

(c) make and, from time to time revise, regulations for the conduct of the business of the division, and all regulations otherwise required by law;

(d) collaborate with other agencies and authorities, in consultation with the chief executive officer,  as may be appropriate in fields related to transportation, development, public safety and security;

(e) prepare and submit to the chief executive officer an annual report containing, in substance, the description of the organization of the bureau, reviewing the work of the division, recommending legislation and other action by the chief executive officer, and containing such information relating to the state highway system as appropriate, including information required by the chief executive officer;

(f) submit such other reports as the chief executive officer requires;

(g) compile statistics relative to the public ways of counties, cities and towns, and make such investigations relative thereto as it considers expedient;

(h) be consulted by, and shall without charge advise, officers of counties, cities or towns having the care of and authority over public ways as to the construction, maintenance, alteration or repair thereof but such advice shall not impair the legal duties and obligations of any county, city or town;

( i ) prepare maps of the commonwealth on which shall be shown county, city and town boundaries, the public ways and the state highway system, with the names thereof if practicable, and may sell such maps or other maps prepared by it, from time to time, in connection with the work under its charge relative to the state highway system, at such prices and on such conditions as it may determine;

(j) collect, collate and make available, geoscience data of the commonwealth for the purpose of aiding in the search for and evaluation of reserve sources of water, gas, materials suitable for road building and all other minerals within the land and water boundaries of the commonwealth, the location of which it shall, so far as practicable, designate on maps which shall be open to inspection by the public;

(k) give public notice of and hold at least 1 public meeting annually in each county for the open discussion of questions relative to the public ways;

(l) maintain offices at such places within the commonwealth as it may determine and conduct meetings of the division in accordance with the by-laws of the authority and the division;

(m) construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the state highway system or any part thereof as it may determine; provided, however, that chapter 91 shall not apply to the division, except for any parts or areas thereof subject to said chapter 91 on March 1, 1997;

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

(o) adopt such rules and regulations pursuant to chapter 30A and not repugnant to the provisions of the General Laws made applicable to the authority, as the division 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 division's business or property. Such regulations may include the division 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.

Such 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 division or its designee and subject to judicial review and enforcement pursuant to said chapter 30A 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. The amount of any such civil or criminal penalty, with the exception of penalties imposed under section 19, shall not exceed $500 for each offense, unless the law otherwise provides. The full amount of a civil penalty shall be paid to the authority and 80 per cent of a penalty recovered in a criminal proceeding shall be accounted for and paid to the authority. The division may further 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 30A;

              (p) 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 state 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 division. The 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 division may impose.

Whenever the division 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 division. In 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;

(q) 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 the provisions of chapter 79 or any alternative method now or hereafter provided by law, such public lands and any fee simple absolute or lesser interest in such private property, or part thereof or rights therein as it may deem necessary for carrying out this chapter;

(r) 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;

(s) to: (1) construct grade separations at locations where the state highway system intersects with or abuts 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 (2) 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 division shall find it necessary to change the location of a public highway, it shall reconstruct the same in as good a condition as the original highway and at such location as the division deems most favorable. All costs incident to construction, realignment or reconstruction conducted pursuant to this clause shall be borne by the authority;

(t) to 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 division deems 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. The authority shall provide reimbursement for any actual damage resulting to such lands, waters and premises as a result of such activities. The 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;

(u) 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 including, but not limited to, contracts or agreements with state, local or regional public agencies and authorities which the division deems necessary, convenient or desirable for the ownership, construction, operation, maintenance, repair, reconstruction, improvement, rehabilitation, use, control, administration or policing of the state highway system, or any part thereof, and agreements with the Federal Highway Administration with respect to compliance with the provisions of Titles 23 and 49 of the United States Code as they may apply to the state highway system; provided, however, that sections 26 to 29, inclusive, and sections 44A to 44J, inclusive, of chapter 149 and sections 39F to 39M, inclusive, of chapter 30 shall apply to contracts of the division to the same extent and in the same manner as they are applicable to the commonwealth. Notwithstanding this clause, the division may, with approval of the authority, 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;

(u 1/2) administer the design and construction of all recreational trails and bikeways of the commonwealth;

(v) 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; and

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

 

              Section 4.  Real property of the division other than property leased pursuant to sections 5 and 6, if leased, used or occupied in connection with a business conducted for profit shall, at the discretion of the municipality for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January 1 to the lessee, user or occupant in the same manner and to the extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate to which it is assessed nor shall any tax be enforced by any sale or taking of such real estate but the interest of any lessee therein may be sold or taken by the collector of the city or town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes under this section all other remedies provided by chapter 60 for the collection of annual taxes upon real estate.

              Section 5.  In addition to any other power the division may have to make leases, the division may lease at 1 time or from time to time for terms not to exceed 99 years, upon such terms and conditions as the authority in its discretion deems advisable, air rights over land owned or held by the authority in connection with the state highway system, including rights for support, access, utilities, light and air, for such purposes as, in the opinion of the authority, shall not impair the construction, full use, safety, maintenance, repair, operation or revenues of the state highway system; provided, however, that any such lease for a period of 40 years or more shall be subject to the approval of the governor. Any lease granted under this section may, with the consent of the authority, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action. The proceeds from any such lease shall be paid into the treasury of the commonwealth for credit to the surface transportation trust fund.

              Use of air rights leased under this section respecting land within the territorial limits of the city of Boston and the construction and occupancy of buildings or other things erected or affixed pursuant to any such lease shall be made in accordance with the provisions of the state building code enacted pursuant to chapter 143 and such other requirements as the authority deems necessary or advisable to promote the public health, convenience and safety of persons and property but shall not be subject to any other building, fire, garage, health or zoning law or any building, fire, garage, health or zoning ordinance, rule or regulation applicable in the city of Boston.

The division shall not lease any air rights in a particular location unless it shall find that the construction and use of buildings or other things to be erected or affixed pursuant to any such lease shall be in no way detrimental to the maintenance, use and operation of the state highway system and, in the city of Boston, unless the division shall also find, after consultation with the mayor that the construction and use of such buildings or other things shall preserve and increase the amenities of the community.

The construction or occupancy of any building or other thing erected or affixed under any lease under this section of air rights respecting land outside the territorial limits of the city of Boston shall be subject to the building, fire, garage, health and zoning laws and the building, fire, garage, health and zoning ordinances, by-laws, rules and regulations applicable in the city or town in which such building or other thing is located.

A copy of all leases granted by the division under this section shall be filed by the authority with the governor and with the mayor or chairperson of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of chapter 66.

Neither such air rights nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the division under any general or special law; provided, however, that buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that no part of the value of the land shall be included in any such assessment; and provided further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such real estate is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns.

The division shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town wherein such building or other thing leased is located, a sum of money in lieu of taxes which would otherwise be assessed for such year.

Each lease made pursuant to this section shall require that the lessee file with the division  a statement under oath containing the names and addresses of the officers and directors, in the case of a corporation, and in the case of a partnership or other voluntary association, the name and address of all persons having a financial or beneficial interest in said lease. The lessee shall, within 30 days after any change in the said officers or directors, or of persons holding any such interest, file a corrected statement under oath with the division.

No billboards shall be erected under this section.

              Section 6.  In addition to any other power the division may have to make leases, the division may lease at one time or from time to time for terms not to exceed 99 years, upon such terms and conditions as the authority in its discretion deems advisable, land owned by the division and no longer required for the maintenance, repair, reconstruction, improvement, use, administration or operation of the state highway system; provided, however, that any such lease for a period of 40 years or more shall be subject to the approval of the governor. A lease granted under this section may, with the consent of the authority, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action.

The construction or occupancy of any building or other thing erected or affixed under any lease of land under this section shall be subject to the building, fire and zoning laws, ordinances or by-laws applicable in the city or town wherein such building or other thing is located.

A copy of all leases granted by the division under this section shall be filed by the authority with the governor and with the mayor or chairman of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of chapter 66.

Neither such land nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the authority under any general or special law; provided, however, that such land and buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such land is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns.

The division shall include in any lease of such land a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town in which such leased land is located a sum of money in lieu of taxes which would otherwise be assessed for such year.

              Section 7.  County commissioners and city and town officers who have the care of and authority over public ways shall, on request, furnish the division with any information required by it concerning such ways.

              Section 8.  Steam road rollers and other road machinery, purchased by the division and owned by the authority shall be managed and maintained under the direction of the division, which may engage competent engineers and mechanics to operate and keep said machines in repair, may purchase all needed materials and supplies, and may incur such other expenses as may be necessary to operate, maintain and transport said machines. Upon the application of the selectmen or road commissioners of a town of not more than 12,000 inhabitants, the division may furnish such road machinery for use by the town in building or repairing ways therein. The expenses incurred under this section shall be paid by the towns using said machines, as apportioned and directed by the division. For the purpose of providing suitable quarters for the storage of supplies, the storage and repair of road rollers and other road machinery and tools and other equipment owned by the authority and for the construction, operation and maintenance of inter-departmental communications systems, the division may take by eminent domain or acquire by purchase or gift land and buildings and construct or alter buildings or other structures on any land so acquired. Any person whose property has been taken or injured by any action of the division under authority of this section may recover compensation therefor from the authority under chapter 79.

              Section 9.  If county commissioners, aldermen or selectmen adjudge that public necessity and convenience require that the division lay out and take charge of a new or existing way as part of the state highway system in whole or in part, in their county, city or town, they may apply, by a written petition, to the division, requesting that said way be laid out and taken charge of by the division.

              Section 10.  If the division determines, after public notice and a hearing of all parties interested, that public necessity and convenience require that a way should be laid out or be taken charge of by the authority, it shall file in the office of the county commissioners for the county where the way is situated a certified copy of a plan thereof and a certified copy of a certificate that it has laid out and taken charge of said way in accordance with said plan, and shall file in the office of the clerk of each town where the way is situated a copy of the plan showing the location of the portion lying therein and a copy of the certificate that it has laid out and taken charge of said highway in accordance with said plan, and thereafter said way shall be a state highway, and shall be constructed by the division at the expense of the authority; but any state highway so laid out and constructed may be abandoned or discontinued as provided in section 18. The width of a state highway shall be such as the division deems necessary. If the width of a state highway be less than that of the way previously existing, that portion of the way which lies between the boundary or location lines of the state highway and the boundary lines of the way previously existing shall remain a public way unless the division determines that it should be abandoned, or the county commissioners of the county, or the city or town in which the way is situated, having jurisdiction of the way, abandon at any time said portion in the manner provided by law for the alteration, relocation or discontinuance of public ways.

              Section 11.  The division may alter the location of a state highway in a city or town by filing a plan thereof and a certificate that the division has laid out and taken charge of said state highway, as altered in accordance with said plan, in the office of the county commissioners for the county where said highway is situated, and by filing a copy of the plan or location as altered in the office of the clerk of such city or town.

              Section 12.  If it is necessary to acquire land for the purposes of a state highway outside the limits of an existing public way, the division may take the same by eminent domain on behalf of the authority under chapter 79. When injury has been caused to the real estate of any person by the laying out or alteration of a state highway, he may recover compensation therefor from the authority under said chapter 79. The mayor, if so authorized by the aldermen, or the selectmen, if so authorized by the town, may stipulate in writing in behalf of the city or town to indemnify and save harmless the authority against all claims and demands for damages which may be sustained by any persons whose property has been taken for, or has been injured by the laying out or alteration of, any highway which the division proposes to lay out and construct or alter as a state highway, and thereupon such city or town shall be liable ultimately for the amount of any verdict against the authority for such damages, and for costs, and the amount thereof may be recovered by the authority in contract.

              Section 13.  In connection with the laying out, alteration or reconstruction of a state highway, the division may alter or relocate connecting ways as may be necessary. Land or rights in land may be acquired for this purpose by eminent domain under chapter 79 by the division on behalf of the city or town in which the land lies, or on behalf of the authority, at the option of the division. The division may take or acquire by eminent domain under said chapter 79, easements in land outside the location of limited access state highways, said easements to be taken on behalf of those owners of land abutting said highways, whose rights of access to and egress from their land, and any other rights necessary to make the same available for use, shall become inoperative due to the construction of said highway. Control of the land or rights in the land acquired under this section shall not vest in the city or town until such time as the work for which the land or rights in land have been acquired has been completed by said division, except that the city or town shall be responsible for snow and ice control on such portions of the highway as may be opened to traffic prior to final completion or acceptance of the project. Any person whose property has been taken or injured by any action of said division under authority of this section may recover from the authority under said chapter 79 such damages therefor as he may be entitled to.

Section 14.  Wherever in this chapter the division is authorized to take land by eminent domain under chapter 79, in connection with the laying out, widening or relocating of a public way, the division may take, or institute proceedings for the taking of, an easement in land adjoining the location of the public way consisting of the right to have the land of the location protected by having the surface of the adjoining land slope from the boundary of the location.

              Section 15.  If the division determines that public necessity and convenience require that a limited access way shall be laid out, it shall lay out such way in the same manner as state highways. A limited access way is hereby defined to be a highway over which the easement of access in favor of abutting land exists only at such points and in such manner as is designated in the order of laying out. All laws in regard to the laying out, relocation, alteration or discontinuance of state highways and to damages therefor shall apply to limited access ways. If a limited access way is laid out in whole or in part in the location of an existing public way, the owners of land abutting upon such existing public way shall be entitled to recover damages under chapter 79 for the taking of or injury to their easements of access to such public way. No highway, town way or private way shall be laid out by county commissioners, by the selectmen of a town or by the appropriate officer or board of a city which crosses, enters upon or unites with a limited access way, without the consent in writing of the division. In connection with the laying out or alteration of a limited access highway, the division may take in fee or otherwise, by purchase, gift, devise, or by eminent domain under said chapter 79, land or rights in land adjoining the highway location whose right of access has been acquired and may provide for abutting motorist information service facilities and comfort stations.

The division may provide information services which may include indoor commercial and non-commercial advertising displays, directories, bulletin boards, wall maps, and the building wherein such services are provided shall be staffed with attendants for the convenience, necessity and safety of the traveling public on limited access highways. The building within which such information services are provided shall be operated, and maintained internally, by a person, firm, corporation, county, municipality or other state department or agency. In the event that an information center is to be operated and maintained by a person, firm, corporation, county, municipality or other state department or agency, the division, subject to rules, regulations and standards determined by the division and the department of economic development and with the approval of the Federal Highway Administration, may enter into a lease or memorandum of understanding for a term of years or on terms which the division deems appropriate regarding the operation and maintenance of such information centers and the operation and maintenance of adjacent sanitary facilities.

All income due the division from leases authorized by this section shall be paid to the state treasurer and credited to the surface transportation trust fund.

The office of travel and tourism shall be designated by the division as the agent to participate with the division in the selection of lessees and to oversee the operation of information centers and control advertising in accordance with lease agreements, subject to approval by the Federal Highway Administration.

              Section 16.  The division may grant easements within state highway locations for wires, pipes, poles, conduits and cattle passes.

              Section 17.  The division may sell at public or private sale any land, or rights in land, the title to which has been acquired by the division, upon determination by the board of directors of the authority established by section 2 of chapter 81B that such land or rights in land are no longer necessary for the division’s purposes. In the event of such public or private sale, the division shall execute a deed thereof, with or without covenants of title and warranty, in the name and on behalf of the authority, to the purchaser, his heirs and assigns, and deposit the deed with the state treasurer, together with a certificate of the terms of the sale and the price paid or agreed to be paid at such sale. Upon receipt of the payment, and upon the terms agreed to in the deed, the treasurer shall deliver the deed to the purchaser. The state treasurer may, through the attorney general, file suit and collect the payment and otherwise enforce the terms of any such sale.

The division may, with the approval of the authority, transfer to another division, or to a city, town, or public authority or agency, any land the title to which has been acquired by it and which the board of commissioners determines is no longer necessary for the division’s purposes.

The division may also, with the approval of the authority, lease or rent any land, or rights in land, the title to which has been acquired by it, and which land, or rights therein, said board of directors determines are not presently needed for the division’s purposes.

The provisions of this section with reference to the sale, leasing or renting of land acquired by the division, shall also apply to land, or rights in land, acquired by the division for maintenance sites.

The division may also transfer to another state agency, land acquired from such state agency, which is no longer needed for the purposes for which it was acquired. Such land shall be subject to such restrictions as may be imposed by the division for the use thereof.

              Section 18.  Whenever the division deems it necessary to make surveys, soundings, drillings or examinations to obtain information for or to expedite the construction of state highways or other projects under its jurisdiction, the division, its authorized agents or employees may, after due notice by registered or certified mail, enter upon any lands, waters and premises, not including buildings, in the commonwealth for the purpose of making surveys, soundings, drillings and examinations as they may deem necessary or convenient for 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. The division shall make reimbursement for any injury or actual damage resulting to such lands, waters and premises caused by any act of its authorized agents or employees and shall so far as possible restore such lands to the same condition as prior to the making of such surveys, soundings, drillings or examinations.

              Section 19. Whenever, in connection with the laying out, widening, relocating, constructing or altering of a public way by the division, land or an easement therein owned by a public utility company is taken by the division by eminent domain under chapter 79, thereby necessitating the relocation of the facilities of such company, the division shall acquire by purchase or otherwise or take by eminent domain under said chapter 79 such land or easements therein as such company may designate for the relocation of such facilities, and convey the same to such company. Such conveyance shall be in lieu of any damages for the value of the land or easements therein of such company so taken by the division, not including, however, any damages for the cost of such relocation for which the authority shall be liable.

              Section 20.  Notwithstanding any general or special law to the contrary, the division may, with the approval of the chief executive officer of the authority, lease land adjacent to, over or under a state highway for use as a public parking facility; provided, however, that: (1) the term of any such lease shall not exceed 5 years (2) section 8A of chapter 29 relative to notice of and proposals for any contract in excess of $5,000 for work under the supervision or control of the division shall apply to such leases; (3) the lessee has filed with the division a statement under oath containing the names and addresses of the officers and directors in the case of a corporation, or of the person or persons in the case of a partnership or other voluntary association, or of any other person or persons, having any financial or beneficial interest in such lease; (4) the lessee shall within 30 days after any change in the stockholders or persons holding any such interest file a statement thereof under oath with the division; and (5) no such lease shall be renewed or extended except in accordance with this section applicable to a new lease.

Whoever wilfully violates any provision of this section shall be punished by a fine of not more than $1,000.

              Section 21.  The division may enter into agreements with railroad corporations, transit authorities or other public authorities or municipalities for the purpose of performing any work which may be necessary in connection with the construction of highways, roads, bridges and other public works undertaken by said division whenever such construction or work entails relocation, alteration or other work on the tracks, bridges, roads, pipes, sewers, conduits, wires, or other property of such railroad corporation, transit authority or other public authority or municipality and which may disrupt the free flow of public transportation. Whenever any such agreement provides that a railroad corporation, transit authority or other public authority, and municipality perform such construction or work for which the authority is obligated to assume a part of the cost, the agreement may provide for the monthly advancement by the division to such railroad corporation transit authority or other public authority or municipality of funds covering the estimated cost of such construction or work then in progress.

Section 22.  In any federally aided program, the division of roads and bridges, in this section referred to as the division, shall do all things necessary to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646), as amended and supplemented, or with any other federal act relating to relocation assistance or acquisition, insofar as the federal government requires compliance with said Public Law 91-646 or such other federal acts in order to receive such federal aid. Under a federally aided program, in relation to any person whose real property is acquired, in whole or in part, by the division for a highway purpose, or any person lawfully occupying real property acquired by the division for highway purposes, or any person who vacated real property at the written request of the division because of a proposed acquisition for highway purposes, the division is hereby authorized and directed to make such payments, provide such assistance and do such other things as are necessary for the division to comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. If a highway project is not federally aided, then in relation to any person whose real property is acquired, in whole or in part, by the division for highway purposes, or any person lawfully occupying real property acquired by the division for highway purposes, or any person who vacates real property at the written request of the division because of a proposed acquisition for highway purposes, the division shall make the same payments, provide the same assistance and do the same things as the division would be required to pay to, provide or do for such persons under a federally aided program. This section shall not affect the obligations of the division under chapter 79A.

              Section 23.  Whenever land or an easement therein is taken by the division by eminent domain for the purpose of relocating certain facilities of a public utility company, as authorized by section 19, the said public utility company, its authorized agents or employees, after due notice by registered mail to the persons in possession of land so taken, may enter upon any such lands, waters and premises, not including buildings, as said company may deem necessary or convenient for the purpose of relocating its facilities, and such entry shall not be deemed a trespass, nor an entry under any condemnation proceedings which may then be pending.

              Section 24.  Whenever a federal-aid highway program or project requires the use of any land which is part of a public park, recreation area or wildlife and waterfowl refuge of national, state or local significance as determined by the federal, state or local officials having jurisdiction thereof, or any land which is part of an historic site of national, state or local significance, as so determined by such officials, and there is no feasible and prudent alternative to the use of such land, the division, in order to minimize harm to such park, recreational area, wildlife and waterfowl refuge or historic site, may acquire by eminent domain under chapter 79, purchase or otherwise on behalf of the authority or on behalf of any division, department, public body, agency or instrumentality of the commonwealth or on behalf of any political subdivision thereof, land to replace that which was required for use in the highway program. The division shall convey such replacement land or transfer the custody, care and control of such replacement land to the owner of the public park, recreational area, wildlife and waterfowl refuge or historic site required for highway use, including private owners or any department, public body, agency of the commonwealth or to any political subdivision thereof and such conveyance or transfer may be partially or entirely in lieu of damages for the land acquired from such owners; provided, however, that in the case of private owners such conveyance may be made only with the consent of such owner. The words “historic site” as used in this section shall include archeological sites as defined and regulated by sections 26A to 27C of chapter nine.

Section 25.  The division, when about to construct a state highway, shall advertise in 2 or more newspapers published in each county in which the highway lies, and in 3 or more daily newspapers published in Boston, for sealed proposals for the construction of such highway, stating the time and place for opening such proposals, and reserving the right to reject any and all proposals. If a proposal is satisfactory, the division, with the approval of the authority, shall make a contract in writing on behalf of the authority for such construction. After the proposals have been accepted or rejected they shall be kept by the division, and shall be open to public inspection for 3 years, and may then be destroyed by the division. The division may, in the same manner and under the same conditions, contract for the grading of a state highway or for furnishing labor, materials or any other element in its construction. The construction of all state highways shall be under the supervision and subject to the approval of the division and in accordance with plans and specifications furnished by it, and shall be fairly apportioned by the division among the different counties.

              Section 26.  Every contract for engineering survey services awarded by the division shall be awarded to the lowest responsible and eligible bidder on the basis of competitive sealed bids publicly opened and read forthwith upon expiration of the time for filing thereof; provided, however, that the division may reject any and all bids if it is in the public interest to do so.

For purposes of this section, the term “lowest responsible and eligible bidder” shall have the same meaning as is set forth in paragraph (c) of section 39M of chapter 30.

              Section 27.  The mayor, selectmen or road commissioners or the board or officer having charge of the maintenance and care of highways, if so authorized by the city council or by the town, may agree in writing, in behalf of such city or town, to contribute money, labor or materials toward the cost of any state highway which the division proposes to lay out and construct within such city or town.

              Section 28.  The division shall have the same power as aldermen, selectmen or road commissioners in relation to the purchase or taking of land to furnish materials for the construction, repair or improvement of public ways in the manner provided in section 38 of chapter 82; provided, however, that all contracts for such purchase and all takings by the division shall first be approved by the authority. Such purchases or taking shall not operate in any way to interfere with the control of the police departments of the various municipalities within the land so taken. Land taken under this section shall be held and used for no other purpose than as specified herein; provided, however, that the division may allow county, city or town officers to use materials from such land for the above specified purposes upon such terms as may be agreed upon. For this purpose the division may expend not more than $5,000 in any year. Any person sustaining injury or damage by any taking of land or rights in land under this section may recover compensation therefor from the authority under chapter 79.

              Section 29.  The division, with the concurrence of the county commissioners, may discontinue as a state highway any way or section of way laid out and constructed under section 5 by filing in the office of the county commissioners for the county and in the office of the clerk of the town in which such way is situated a certified copy of a plan showing the way so discontinued and a certificate that it has discontinued such way and thereafter the way or section of way so discontinued shall be a town way. The division may also abandon any land or rights in land which may have been taken or acquired by it by filing in the office of the county commissioners for the county and in the office of the clerk of the town in which such land is situated a certified copy of a plan showing the land so abandoned and a certificate that it has abandoned such land, and by filing for record in the registry of deeds for the county or district in which the land lies a description and plan of the land so abandoned.  Such abandonment shall revest the title to the land or rights abandoned in the persons in whom it was vested at the time of the taking, or their heirs and assigns.

              Section 30.  State highways shall be maintained and kept in good repair and condition by the division at the expense of the authority. The division shall keep all state highways reasonably clear of brush and shall cause suitable shade trees to be planted thereon if practicable. As used in this chapter, the term “state highways” shall include such public roads in state forests, parks and reservations outside of the metropolitan parks district, and such public roads within the limits of any property under the control of any department, board or commission of the commonwealth, as may, from time to time, be designated by the division as roads for general public use and approved for such use by the executive head of the department, board or commission controlling such property. The division shall, subject to appropriation, construct, improve and maintain all roads on such property.

              Section 31.  The division may accept, on behalf of the authority, from owners of lands included in a strip 100 feet deep bordering on a state highway voluntary gifts by deed or will of easements in such lands, giving the authority the right to enter thereon at any time and in any manner for the purpose of landscaping such land by removing therefrom or rearranging thereon vegetable growths and surface minerals, by setting out and planting thereon vegetable growths, by depositing thereon minerals, by rearranging the contour of the land when deemed advisable, or by any or all of the foregoing methods. The division may improve lands in which such easements are granted, so as to carry out a comprehensive plan of highway beautification, artistic landscaping and scenic development, to the extent that appropriations are available therefor .

Such easements shall be accepted only on the condition that such lands shall remain fully subject to local taxation to the owners of the fee.

              Section 32.  The division may acquire by eminent domain under chapter 79 by purchase or otherwise, land and rights in land within or adjacent to federal-aid highways of the commonwealth for the purpose of restoring, preserving and enhancing scenic beauty or, with the approval of the Massachusetts historical commission and subject to the availability of federal reimbursement, historic or archeological sites, and of providing publicly owned and controlled rest and recreation areas and sanitary and other facilities to accommodate the traveling public. The division may improve such lands, and may expend for the purposes of this section such sums as may be appropriated therefor .

              Section 33.  The division, if it obtains the consent of the owner, shall remove the trees, limbs of trees, shrubbery or any structure or other obstacle from lands bordering upon state highways, which in its opinion obstruct the view of persons traveling upon the highway or make traveling thereon dangerous. If the owner does not desire the material which has been so removed, the division may sell or otherwise dispose of it. The division shall cause all debris resulting from any cutting or trimming done along the state highway, under authority of this or of any other chapter, to be disposed of in such manner that it will not constitute a fire menace to adjoining property.

              Section 34.  The division may contract with the town in which a state highway lies or with a private person or may make other provision for the maintenance and repair thereof in accordance with the regulations of the division and subject to its supervision and approval. Such contracts may be made without previous advertisement.

              Section 35.  The authority shall be liable for injuries sustained by persons while traveling on state highways, if the same are caused by defects within the limits of the constructed traveled roadway, in the manner and subject to the limitations, conditions and restrictions specified in sections 15, 18 and 19 of chapter 84, except that the authority shall not be liable for injury sustained because of the want of a railing in or upon any state highway, or for injury sustained upon the sidewalk of a state highway or during the construction, reconstruction or repair of such highway. The amount which may be recovered for any such injury shall not exceed one-fifth of 1 per cent of the valuation of the town in which the injury was received, nor shall it exceed $4,000. Notice of the injury as required by law shall be given to a member of the division.

              Section 36.  A town shall have police jurisdiction over all state highways within its limits. It shall forthwith give written notice to the division or its employees of any defect or want of repair in such highways; but it may make necessary temporary repairs of a state highway without the approval of the division.

The division shall, at the expense of the authority, keep such state highways or parts thereof as it may select sufficiently clear of snow and ice to be reasonably safe for travel. The town in which any such state highway or part thereof lies shall forthwith give written notice to the division or its employees of any failure to keep such highway or part thereof clear of ice and snow as aforesaid.

              Section 37.  The division shall, from time to time, construct sidewalks along such parts of the state highways as it determines public convenience and necessity require. Sidewalks may also be constructed along state highways and maintained in accordance with sections 25 and 26 of chapter 83.

              Section 38.  The division may illuminate, or cause to be illuminated, by means of highway lighting, traffic circles, traffic underpasses, traffic overpasses, traffic islands and other locations in the state highways wherever, in its opinion, such illumination is necessary for the safety of the travelling public.

              Section 39.  No state highway shall be dug up, nor opening made therein for any purpose, nor access granted thereto for any purpose, nor shall any material be dumped or placed thereon or removed therefrom , and no tree shall be planted or removed or obstruction or structure placed thereon or removed therefrom or changed without the written permit of the division, and then only in accordance with its regulations. Such work shall be done under the supervision of the division and to its satisfaction, and the entire expense of replacing and resurfacing the highway at the same level and in as good condition as before, with materials equal in specifications to those removed, shall be paid by the persons to whom the permit was given or by whom the work was done. A town , or a utility, as defined in chapter 164 or chapter 166 may dig up a state highway without the approval of the division in case of immediate necessity.  In such cases the state highway shall forthwith be replaced in as good condition as before at the expense of the town and the town shall notify the division by registered mail, return receipt requested, within 7 days of the excavation. In the case of a driveway opening on a state highway, the division shall not grant a permit for a driveway location or alteration if the board or division in a city or town having authority over public ways and highways has notified the division by registered mail, return receipt requested, of its objection to the driveway; provided, however, that such objection shall be based on highway safety and accepted by the division. The division may require a bond to guarantee the faithful and satisfactory performance of the work and payment for any damage to state highways and facilities caused by or resulting from the operations authorized by such permit. The amount of the bond shall be determined by the division not to exceed the estimated cost of the work and possible damage; provided, however, that the bond shall be not less than $300,000 unless a lesser amount is approved in writing by a representative of the division. Except in case of an emergency, no permit for digging up or opening any state highway shall be approved or issued by the division until copies of the notices to public utility companies required by section 40 of chapter 82 have been filed with the division by the applicant for such permit.

Any person who builds or expands a business, residential, or other facility intending to utilize an existing access or a new access to a state highway so as to generate a substantial increase in or impact on traffic shall be required to obtain a permit under this section prior to constructing or using such access. Such person may be required by the division to install and pay for, pursuant to a permit under this section, standard traffic control devices, pavement markings, channelization, or other highway improvements to facilitate safe and efficient traffic flow, or such highway improvements may be installed by the division and up to 100 per cent of the cost of such improvements may be assessed upon such person.

The division may issue written orders to enforce this section or the provisions of any permit, regulation, order or approval issued under this section. Any person who violates this section or any permit, regulation, order or approval issued thereunder shall be: (a punished by a fine of not more than $100,000 per day for each such violation or (b) shall be subject to a civil penalty not to exceed $1,000 per day for each such violation; provided, however, that each day such violation occurs or continues shall be a separate offense. The superior court shall have jurisdiction, upon petition of the administrator of the division, to enforce this section or any permit, regulation, order or approval issued thereunder .

    The administrator of the division shall adopt regulations to effectuate the purposes of this section.

              Section 40.    No length of possession, or occupancy of land within the limits of a state highway by an owner or occupant of adjoining land shall give him any title thereto.  Any fence, building or other object encroaching upon a state highway shall, upon written notice by the division, be removed within 14 days by the owner or occupant of adjoining land and, if not so removed, the division may either remove the same to such adjoining land or such encroaching object, other than a building used for residential purposes, may be removed by the division forces and shall be placed in the nearest maintenance area of the division. Notice by certified mail, return receipt requested shall be given to the owner stating where such encroaching object is located and further stating that if not claimed within 3 weeks said object may be destroyed.

              Section 41.  The division may expend construction funds of the authority in constructing or improving the whole or such part of said way as it deems best, either upon the location of the existing way or upon any new location that may be established by the county commissioners or the selectmen, and no part of the way so improved shall thereby become a state highway or be maintained as such. The division may, however, lay out the whole or any part of any such way as a state highway

              Section 42.  When any public way has been constructed or improved in whole, or in part, with money furnished by the authority, and the way is not laid out as a state highway, the town in which the way lies shall thereafter keep and maintain in good repair and condition that part of the way which has been so constructed or improved; provided, however, that the expense thereof shall be borne by the town or county, or both, as may be agreed upon at the time such construction or improvement is undertaken, except as otherwise provided in section 43 and in paragraph 2(a) of section 34 of chapter 90. If the division shall determine at any time that such way is not being maintained in proper condition, it shall so notify the mayor or selectmen having charge of the repairs of said way and the county commissioners, and shall specify in such notice what repairs and improvements are necessary and the officials in charge of the way shall forthwith proceed to make the specified repairs and improvements. If such officials do not make such repairs or improvements within 15 days from the receipt of such notice, or within such further time as the division may allow, the division may proceed to have the repairs or improvements made, and may pay for the same from any money which may be available for the repair and maintenance of state highways. The division shall annually, in January, certify to the state treasurer the amount of such expenditures during the preceding year. So much of the expenditures as by agreement are to be paid by the towns shall be made a part of the state tax for such towns; and so much of the expenditures as by agreement are to be paid by the counties shall be paid by the county treasurers to the state treasurer. The division may embody the provisions of this section in all contracts and agreements for work to be done in the construction or improvement of public ways, other than state highways, constructed or improved in whole, or in part, with money furnished by the authority.

              Section 43.  There may be expended for the repair and improvement of public ways, other than state highways, in towns having valuations of less than $5,000,000, as established by the valuations made for the purpose of apportioning the state tax as appearing in chapter 559 of the acts of 1945 and in which the proportionate amount paid by such towns of every $1,000,000 of such tax as established and apportioned in said chapter 559, divided by the number of miles of such public ways, hereinafter known as the road mileage ratio, is less than $12, such sums not exceeding $250 per mile as the general court may appropriate therefor ; provided, however, that such towns shall contribute or make available for use in connection therewith the following amounts for each mile of public ways within their respective limits, according to the following schedule based on their road mileage ratio:—

1. Less than $1.40, $15.

2. $1.40 and less than $2, $25.

3. $2 and less than $2.80, $40.

4. $2.80 and less than $3.50, $50.

5. $3.50 and less than $5.50, $75.

6. $5.50 and less than $7, $100.

7. $7 and less than $9, $125.

8. $9 and less than $12, $150.

The amounts appropriated pursuant to said schedule and contributed by the towns shall be expended under the direction of the division on such ways as said division and the selectmen of the towns may agree upon.

The division shall withhold or withdraw the unexpended balance of any funds assigned by it under this section or section 25 if the town fails to comply with the official standards for traffic control established by the division or with any provision of a traffic control agreement negotiated between the division and the town, as required by the United States Secretary of Commerce under section 109 of Title 23 of the United States Code.

The cost of snow removal upon such ways in any such town, including amounts paid as rental for trucks and other equipment charges for the use of trucks and other equipment owned by such town, at hourly rates approved by the division, and the cost of sanding such ways in any such town may be paid from the amounts so appropriated and contributed, at the rate of not more than $75 per mile.

              Section 44.  The county commissioners of the county wherein any public way is to be repaired or improved under the preceding section may contribute and expend county funds therefor in accordance with such agreements as the commissioners may make with the division and the selectmen of the town. Said county funds may be paid to the department or to the town from time to time as the work progresses, to the extent that the commissioners are satisfied that the work for which agreements have been made is being done in accordance therewith. Such contributions or expenditures by a county shall not render it liable for defects in any way or for damages to persons traveling thereon, and when the work of repair or maintenance for which such contribution or expenditure is made is completed, there shall be no further obligation on the part of the county as to the repair and maintenance thereof until a further contribution is made by the county commissioners for such purpose.

              Section 45.  Expenditure of state funds under section 26 shall be made only upon the written petition of the selectmen, containing such information as the division may require.

              Section 46.  Towns may contract with the division for the performance of the work authorized by section 43 or, if the selectmen so request, the division may have the work done by such persons and in such manner as it may determine, in which event the towns shall pay their proportionate part of the expense when and as ordered by the division. The cost of any materials, machinery or tools purchased by the division for or on account of the work in any town shall be considered as a part of the expenditures in such town under section 28; and such machinery or tools shall belong to the authority.

              Section 47.  The division shall determine, as nearly as possible, the number of miles of such public ways in towns entitled to the benefits under section 43, and shall inform the selectmen of such towns of the contributions required from them under said section 43.

              Section 48.  The division may lay out or alter ways other than state highways in any county, city or town if the county commissioner of the county, or the mayor of the city or the board of selectmen of the town consents thereto. Land or rights in land may be acquired for this purpose by eminent domain under chapter 79 by the division on behalf of the county, city or town in which the land lies. Any person whose property has been taken or injured by any action of the division under authority of this section may recover from the authority under chapter 79 such damages therefor as he may be entitled to. For this purpose the division may use any funds which may be available for highway purposes, including federal aid, and may also use any money appropriated for a county, or for a city or town, toward the damages sustained, if the county commissioners, selectmen or mayor have agreed in writing to pay the money thus appropriated upon the order of the division.

              Section 49.  The division may make all contracts and agreements and do all other things necessary to cooperate with the United States in the construction and maintenance of highways, under an act of congress approved on July 1, 1916, entitled “An Act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes”, as amended and supplemented, and submit such plans, estimates and programs for the improvement of highways as will meet the requirements of the secretary of commerce under said act, and it may use therefor any funds which may be available for the construction and maintenance of state highways, and may make any agreements or contracts that may be required to secure federal aid in the construction of highways under said act of congress, and of all other acts in amendment thereof, or in addition thereto, and may, in such agreements or contracts, provide, among other things, for such labor preferences to honorably discharged soldiers, sailors and marines as are made necessary by federal legislation, and may provide that no other preference or discrimination among citizens of the United States shall be made in connection with the expenditure of any money received from the federal government by virtue of said legislation and any money received from the United States on account of the construction of highways. The division may also, for the purpose of securing federal aid, use any money appropriated by a county, city or town for the construction of a way or any part thereof for which federal aid may be secured, and make contracts or agreements involving the expenditure of such money, if the county commissioners or the selectmen or duly authorized officials of the city or town have agreed in writing to pay the money thus appropriated upon the order of the division. The division may also maintain the roads constructed under this section or said act of congress, from any money appropriated by the general court for the maintenance of state highways or for the repair or maintenance of other public ways.

              Section 50.  The portion of the Surface Transportation Trust Fund, established by section 35LL of chapter 10 allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads shall annually be apportioned among the several cities and towns as follows:

(a) The amount apportioned to each city and town in any calendar year shall be the amount of the “equalizing municipal highway grant” for such city or town multiplied by the number of miles of streets and roads in such city or town. The “equalizing municipal highway grant” for such city or town shall be the total of a basic mileage allowance of $400 plus an additional road-use allowance of $7 per motor vehicle per road mile less an equalizing deduction of $.10 per $1,000 of equalized valuation per mile.

[There is no clause (b).]

For the purposes of this section, the following words shall have the following meanings:—

“Streets and roads in such city or town”, the total mileage, to the nearest one hundredth of a mile, of public ways, other than state highway, in such city or town, as determined by the most recent mileage survey conducted by the administrator of the division; provided, however, that said administrator shall conduct such survey annually.

“Motor vehicles per road-mile”, the total number of motor vehicles registered and garaged in such city or town, exclusive of re-issues, as determined annually by the registrar of motor vehicles, divided by the total mileage, to the nearest one hundredth of a mile, of public ways, other than state highway, in such city or town, as determined by the most recent mileage survey conducted by the administrator of the division.

“Equalized valuation per mile”, the equalized valuation of the aggregate property in such city or town subject to local taxation, as most recently reported by the commissioner of revenue to the general court under the provisions of section 10C of chapter 58, divided by the total mileage, to the nearest one hundredth of a mile, or public ways, other than state highway, in such city or town.

The administrator of the division shall annually notify the commissioner of revenue of the amounts apportioned to each city or town under this section; provided, however, that the sum payable to each city or town shall be used solely to reimburse such city or town for the costs actually incurred during the fiscal year of such city or town in constructing, maintaining and policing city or town streets or roads and shall not exceed the amount so incurred by such city or town.

The mayor of each city and the selectmen of each town shall notify the administrator of the division in writing of the amount that will be incurred during the fiscal year of such city or town for constructing, maintaining and policing city or town streets or roads. The administrator of the division shall annually, on or before December 1, certify to the commissioner of revenue the amounts approved for payment to each city or town under this section in each fiscal year.

              Section 51.  For the purposes of reimbursing cities and towns for the costs actually incurred in constructing, maintaining and policing city or town streets or roads as provided in section 50 the following words shall have the following meanings:—

“Constructing”, all operations on the travelled way on new location or where considerable reconstruction is to be undertaken, including resurfacing and other work incidental thereto, such as shoulders, side road approaches, roadsides, drainage, structures, sidewalks, traffic control and service facilities, intersection construction, and unusual or disaster operations and professional services, or for such other purposes that the commissioner of highways may specifically authorize.

“Maintaining”, all operations on the travelled way including scarifying, reshaping, applying dust palliatives and restoring material losses; patching, mudjacking , joint filling and surface treating, and replacement in kind; other work such as restoration of erosion controls; reshaping drainage channels and side slopes; mowing; tree trimming; replacing topsoil, sod, shrubs, curbing, gutters, riprap, underdrains and culverts; cleaning and repairing culverts; cleaning; painting and repairing of structures; replacement of rail, floors, stringers and beams of structures; replacement of walls and the repairing of drawbridges; removal of snow and ice and related operations such as sanding and chemical applications; the erection of snow fences and the opening of inlets clogged with snow and ice; removal of litter from the roadsides and drainage; operation of drawbridges charged to highway traffic; painting, repairing and replacement in kind of signs, guardrail, signals and lighting standards; maintenance and replacement in kind of rest areas; servicing of and furnishing power and light bulbs for highway lighting and traffic control devices; roadside cleaning operations; operation of roadside areas, towing service, information booths; or for such other purposes that the administrator of the division may specifically authorize.

“Policing”, all operations on the travelled way by city or town law enforcement officials having to do with the direction or control of traffic thereon and such other purposes as the administrator of the division may specifically authorize.

              Section 52.  The division may take by eminent domain in accordance 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 deems 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 section 40 of said chapter 79 shall govern the rights of the authority and of any person whose property shall be so taken.

The division shall have power, in the process of constructing, reconstructing, repairing, rehabilitating, improving, policing or using or administering all or any part of the state highway system to take by eminent domain pursuant to chapter 79, such land abutting the state highway system as it may deem 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 public utilities, 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 division 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 or 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, the time and place of opening the bids in answer to such advertisements and that the division 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 division. The division may require, as evidence of good faith, that a deposit of a reasonable sum, to be fixed by the division, accompany the proposals. This paragraph shall not be applicable to any sale of real property by the division to the commonwealth or any city, town or public instrumentality nor to a sale of real property which is determined by the division to have a fair market value of $5,000 or less.

The division 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 division, 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 division, 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 division, including public roads, bridges and other real property, improvements or personal property already devoted to public use.

             

              Section 53 ½.  (a) The division may establish a small town rural assistance program to assist towns with populations of 7,000 or less in undertaking projects to design, construct, reconstruct, widen, resurface, rehabilitate and otherwise improve roads and bridges or for the construction of chemical storage facilities. The program shall provide grant funds to towns for projects authorized by this section. The amount of each grant shall not exceed $750,000.

              (b) The division shall establish rules and regulations to govern the application and distribution of grants under this section. The rules and regulations shall include provisions for joint applications by 2 or more eligible towns for a single project serving those towns. Funds so distributed may be apportioned to reflect the percentage of the project located in each town. Receipt of a grant which is part of a joint application shall not preclude a town from receiving additional funds under a separate application; provided, however, that the total amount distributed to any 1 town shall not exceed the maximum amount allowed under this section.

              (c) A town with a population of 7,000 or less may, by vote at an annual town meeting or at a special town meeting called for that purpose or, in a municipality having a town council form of government, by the town council, make application to the secretary for financial assistance in undertaking a project described in this section. The application shall include the proposed cost of the project, the proposed location of the project and any other information specified by the rules or regulations.

              (d) In evaluating the project and the level of funding, the administrator of the division shall consider, without limitation, the following: (1) the extent to which the project will have a beneficial impact upon the economy and public safety of an applicant town; (2) the availability of funds for the project under other state or federal programs; (3) the likelihood of funding under other state or federal programs; (4) the financial ability of the town to fund the project from its own sources; (5) the ability of the town to enter the capital markets to obtain borrowed funds for the project; and (6) the amount of state and federal highway funds expended or to be expended in the town.

Section 53 ¾ .    (a) The division may establish a program to assist municipalities with non-federally reimbursable intermodal transit center economic development projects to design, construct, repair and improve roads, roadways, rail lines, and other transit oriented or related facilities, as deemed necessary for economic development by the secretary of transportation, in consultation with the secretary of economic development upon the petition of an appropriate local governmental body in accordance with this section and any rules or regulations promulgated by the secretary of transportation in accordance with this section. The rules and regulations shall govern the criteria by which the funds shall be distributed and the method by which a municipality may apply for such funds.

              (b) The administrator may commit the funds pursuant to this section by executing a grant or other contractual agreement with a municipality and, upon execution, the funds so committed shall be made available as a grant directly to the municipality which has entered into an agreement without further review or approval of the department. Each agreement shall contain assurances satisfactory to the secretary that the municipality shall award a construction contract for the project which is the subject of the agreement not later than 180 days after the date of execution of the agreement.

              (c) In the event that a contract is not awarded by the municipality within the period provided in subsection (b), the administrator may require, by written notification to the municipality , that the funds paid to it by the a uthority pursuant to the agreement shall be returned forthwith to the a uthority.

              (d) The administrator may, through execution of a grant or other contractual agreement as provided in subsection (b), commit an amount of funds up to but not exceeding the aggregate amount of funds returned by municipalities under subsection (3) to any other municipality which has otherwise complied with the applicable requirements for such projects, including the terms and conditions provided in this section.

              Section 54.  The division may establish a program to provide for the construction and reconstruction of town and county ways as described in paragraph (a) of clause (2) of section 34 of chapter 90 of the General laws. 

              Section 54 1/2.   No motor vehicle, trailer, semi-trailer or semi-trailer unit, hereinafter in this section called a motor vehicle, shall be operated on the turnpike or the metropolitan highway system nor shall the owner or bailee thereof require or permit such operation when the gross weight of such motor vehicle exceeds either the weight provided in the rules and regulations adopted by the authority or that specified in a special hauling permit issued by the division for such motor vehicle pursuant to such rules and regulations, whichever is greater, nor shall any person load or cause to be loaded such motor vehicle in excess of such weights; provided, however, that the division shall not adopt or enforce any rule or regulation which prohibits a motor vehicle from traveling on the turnpike or the metropolitan highway system without a permit if such motor vehicle may travel on a public way of the commonwealth without a permit under section 19A of chapter 90 or which prohibits the issuance of a permit by the division for travel on the turnpike or the metropolitan highway system by a motor vehicle if such motor vehicle may travel on a public way of the commonwealth with a permit under section 30A of chapter 85.

Enforcement of this section shall be by members of the department of state police who have been appointed as weighers and measurers of motor vehicles and of the loads of such motor vehicles pursuant to section 87A of chapter 41. In any prosecution for a violation of this section, a signed certificate on oath of a member of the department of state police assigned and appointed as a weigher and measurer of motor vehicles in accordance with this paragraph shall be admissible in evidence without further proof and shall constitute prima facie evidence of the weight of the motor vehicle described in such certificate. Such certificate shall be in such form as the registrar of motor vehicles shall prescribe pursuant to section 19A of chapter 90 and shall be signed and sworn to by a member of the department of state police assigned and appointed as a weigher and measurer of motor vehicles in accordance with this paragraph and present at the weighing of such motor vehicle and the court shall take judicial notice of the signature of such person and that he is so assigned and appointed.

              In any claim for bodily injuries including death or damage to property arising out of such weighing, a member of the department of state police, assigned and appointed as a weigher and measurer of motor vehicles in accordance with the preceding paragraph, to enforce this section may file a written request with the authority that it defend him against such claim and the authority shall indemnify such member of the department of state police from personal expenses or damages incurred and arising out of such claim; provided, however, that the defense or settlement of such claim shall have been made by the general counsel of the authority, by an attorney retained for such purpose by the authority or by an attorney provided by an insurer obligated under the terms of a policy of insurance to defend against such claims.

              A person convicted of a violation of this section shall be punished by a fine of not less than $30 for each 1,000 of weight or fraction thereof by which the gross weight of the motor vehicle as operated exceeds the weight provided in the rules and regulations adopted by the authority pursuant to paragraph (k) of section 4 or that specified in a special hauling permit issued by the authority for such motor vehicle pursuant to said rules and regulations, whichever is greater; provided, however, that if the total of such excess weight is greater than 10,000 pounds, the fine shall be not less than $60 for each 1,000 or fraction thereof over such 10,000.

Any person convicted of a violation of the first sentence of section 17 of chapter 90 while operating a vehicle which is also in violation of the first paragraph of this section shall be punished by a fine of not more than $50 for a first offense nor less than $50 nor more than $75 for a second offense committed in any 12 month period and not less than $75 nor more than $150 for subsequent offenses committed in any 12 month period .  Complaints for such violations shall not be placed on file by the court.

              Section 55. The state highway system shall each be deemed a way within the meaning and purport of chapters 89 and 90 and its use shall be governed by sections 2, 4, 4A, 4B and 5 of said chapter 89 and sections 1B, 3, 3A, 3B, 3C, 5A, 6, 7, 7B, 7D, 7D 1/2, 7P, 7Q, 7AA, 8B, 8C, 9, 9D, 10, 11, 12, 13, 13A, 14, 14A, 14B, 16, the first sentence of section 17, section 20, the first sentence of section 21 and sections 22A, 22B, 22E, 23, 24, 24G, 24I, 24L, 25, 26, 29 and 34J of chapter 90 and such other laws as the authority may determine by regulation necessary for the safe and efficient operation of the state highway system.

An operator of a vehicle using the turnpike, the metropolitan highway system or the state highway system who refuses to pay the toll prescribed by the authority or who evades or attempts to evade payment of the toll prescribed by the authority may be arrested without a warrant. Whoever, for the purpose of soliciting a ride on the turnpike, the metropolitan highway system or the state highway system, displays a sign, signals a moving vehicle, causes the stopping of a vehicle or stands on property of the authority in view of a ramp or roadway of the turnpike may be arrested without a warrant and shall be punished by a fine of not more than $50. A person damaged in his property by the exercise of any of the powers granted by this chapter may recover his damages from the authority under chapter 79.

Notwithstanding chapters 134 and 147, if money, goods or other property which has been abandoned, mislaid or lost on the premises of the division comes into the possession of the division and remains unclaimed for a period of 120 days, the division 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 division and may be applied by the division to any of its corporate purposes. If such property is in the possession of the division and remains unclaimed for a period of 120 days and is of the value of $3 or less, the authority may donate the same to a charitable organization.

              Section 56. The turnpike shall thereafter be operated and maintained free of tolls when: ( i ) all notes and bonds issued by the authority relating to the turnpike and payable from turnpike revenues have been paid or a sufficient amount for the payment of all such notes or bonds and the interest thereon, to the maturity thereof, shall have been set aside in trust for the benefit of the holders of such notes or bonds; and (ii) the turnpike is deemed to be in good condition and repair to the satisfaction of the division.

Section 57. The division shall submit to the road and bridge advisory board, pursuant to section 58, all contracts, plans, agreements and memoranda of understanding relative to land use plans, air rights, zoning restrictions and environmental impacts associated with the development on any land owned by the division within the state highway system. The road and bridge advisory board shall, within 30 days from receipt of all contracts, plans, agreements and memoranda of understanding submitted by the division for review, provide comments and recommendations to the division.   The division shall prepare a written response to the reports of the road and bridge advisory board and shall state the basis for any substantial divergence between the actions of the division and the recommendations contained in such reports of the road and bridge advisory board.

              Section 58. (a) There shall be a road and bridge advisory board to the division to consist of 13 members, 5 of whom shall be appointed by the governor, 1 of which shall be a resident of a municipality within the turnpike corridor from the New York state border east to the junction of interchange 8, 1 of which shall be a resident of a municipality within the turnpike corridor from the junction of interchange 8 east to the junction of interchange 14, 1 of which shall be a resident of Essex or Middlesex county provided that the member does not reside in a municipality that is a member of the metropolitan area planning council, 1 of which shall be a resident of Norfolk, Plymouth or Bristol county provided that the member does not reside in a municipality that is a member of the metropolitan area planning council, 2 of whom shall be appointed by the mayor of the city of Boston, 1 of whom shall be appointed by the commissioner of the division of capital asset management and maintenance, 2 of whom shall be appointed by the metropolitan area planning council, 1 of which shall be a resident of Framingham, Natick or Ashland,, 2 of whom shall be appointed by the Massachusetts Association of Planning Directors who shall be a resident of a municipality within the turnpike corridor and 1 of whom shall be appointed by an environmental organization. Each member of the road and bridge advisory board shall have 1 vote. A majority of members shall constitute a quorum and the road and bridge advisory board may act by such majority vote represented in the quorum.

(b) For the conduct of its business, the road and bridge advisory board shall adopt and may revise and amend by-laws. The road and bridge advisory board shall convene its first meeting within 60 days after the transfer of the state highway system, to the division and shall thereafter convene regular meetings in accordance with its by-laws. The road and bridge advisory board shall annually elect a chairperson and vice chairperson and any other officers that the road and bridge advisory board shall determine. Each member of the road and bridge advisory board shall serve for a term of 1 year and shall be eligible for reappointment. In the event of a vacancy, a successor shall be named by the person or organization who originally appointed the vacated member and such successor shall serve for the remainder of the unexpired term. Each member of the road and bridge advisory board shall serve without compensation but may be reimbursed, as an expense of said road and bridge advisory board, for all reasonable expenses incurred in the performance of its duties as approved by the road and bridge advisory board.

(c) The purposes of the road and bridge advisory board shall be:

( i )  to review and prepare comments on all documents submitted to it pursuant to section 57 and to make recommendations to the division within 30 days of receipt of such documents;

(ii) to coordinate and share information and best practices in matters of the operation and maintenance of roads and bridges and the development of adjacent land and air rights;

(iii) to make recommendation to the division on its roads and bridges charges;

(iv) to hold hearings, which may be held jointly with the division at the discretion of the road and bridge advisory board and the division, on matters relating to the division;

(v) to review the annual report of the authority and to prepare comments thereon to the authority and the governor, and to make such examinations of the reports on the division’s records and affairs as the road and bridge advisory board deems appropriate; and

(vi) to make recommendations to the governor and the general court respecting the authority and its road and bridge programs.  The road and bridge advisory board shall have all powers necessary or convenient to carry out and effectuate the forgoing purposes.

(d) The road and bridge advisory board may incur expenses, not to exceed $50,000 annually for expenditures authorized under subsection (b) and for personnel and office expenses. Such expenses shall be paid by the division in the current fiscal year from its operating budget and, for each year thereafter, shall be provided for in the current expense budget of the  division.

(e) The road and bridge advisory board shall be deemed to be a governmental body for purposes of, and shall be subject to, section 11A ½ of chapter 30A  and shall also be subject to section 10 of chapter 66.

              Section 59.  The division shall submit to the parkway advisory board, pursuant to section 60, all contracts, plans, agreements and memoranda of understanding relative to the land use plans, air rights, zoning restrictions and environmental impacts associated with the operation and maintenance of parkways owned by the division within the geographic area defined in section 33 of chapter 92 using standards set forth in the Historic Parkway Preservation Treatment Guidelines.  The parkway advisory board shall, within 30 days from receipt of all contracts, plans, agreements and memoranda of understanding submitted by the division for review, provide comments and recommendations to the division.   The division shall prepare a written response to the reports of the parkway advisory board and shall state the basis for any substantial divergence between the actions of the division and the recommendations contain in such reports of the parkway advisory board.

Section 60.  (a) There shall be a parkway advisory board within the division of roads and bridges to consist of 11 members, 3 of whom shall be appointed by the governor, of which 2 shall be residents of a municipality outside the geographic area defined in section 33 of chapter 92, 2 of whom shall be appointed by the mayor of the city of Boston, 1 of whom shall be a representative of the Massachusetts historical commission, 1 of whom shall be appointed by the commissioner of conservation and recreation, 1 of whom shall be appointed by the Massachusetts Audubon Society who shall be a resident of a municipality within the geographic area defined in said section 33 of said chapter 92, 1 of whom shall be appointed by the Massachusetts Sierra Club who shall be a resident of a municipality outside the geographic area defined in said section 33 of said chapter 92, 1 of whom shall be appointed by the Environmental League of Massachusetts who shall be a resident of a municipality within the geographic area defined in said section 33 of said chapter 92 and 1 of whom shall be appointed by Environment Massachusetts who shall be a resident of a municipality outside the geographic area defined in said section 33 of said chapter 92.  Each member of the parkway advisory board shall have 1 vote. A majority of members shall constitute a quorum and the parkway advisory board may act by such majority vote represented in the quorum.

(b) For the conduct of its business, the parkway advisory board shall adopt and may revise and amend by-laws. The parkway advisory board shall convene regular meetings in accordance with its by-laws. The parkway advisory board shall annually elect a chairperson and vice chairperson and any other officers that the parkway advisory board deems appropriate. Each member of the parkway advisory board shall serve for a term of 2 years and shall be eligible for reappointment. In the event of a vacancy, a successor shall be named by the person or organization who originally appointed the vacated member and any such successor shall serve for the remainder of the unexpired term. Each member of the parkway advisory board shall serve without compensation but may be reimbursed, as an expense of the parkway advisory board, for all reasonable expenses incurred in the performance of his duties as approved by the parkway advisory board.

(c) The purposes of the parkway advisory board shall include:

( i )  to review and prepare comments on all documents submitted to it pursuant to section 59 and to make recommendations to the division within 30 days of receipt of such documents;

(ii) to coordinate and share information and best practices in matters of the operation and maintenance of historic parkways;

(iii) to make recommendation to the division on its parkway charges;

(iv) to hold hearings, which may be held jointly with the division, at the discretion of the parkway advisory board and said division, on matters relating to the division;

(v) to review the annual report of the authority and to prepare comments thereon to the authority and the governor, and to make such examinations of the reports on the division’s records and affairs as the parkway advisory board deems appropriate; and

(vi) to make recommendations to the governor and the general court respecting the authority and its parkway programs.  The parkway advisory board shall have all powers necessary or convenient to carry out and effectuate the forgoing purposes.

(d) The parkway advisory board may incur expenses, not to exceed $50,000 annually for expenditures authorized under subsection (b) and for personnel and office expenses. Such expenses shall be paid by the division in the current fiscal year from its operating budget and, for each year thereafter, shall be provided for in the current expense budgets of the authority’s division of roads and bridges.

(e) The parkway advisory board shall be deemed to be a governmental body for purposes of, and shall be subject to, section 11A 1/2 of chapter 30A and shall also be subject to section 10 of chapter 66.

Section 61.  No rule or regulation of the division shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than 5000 pounds and which are registered for commercial use, on ways, parkways or boulevards where non-commercial passenger-type motor vehicles are permitted to operate. This section shall apply only to ways, parkways or boulevards previously under the jurisdiction of the department of conservation and recreation

Section 62.  The division may replace or rebuild any bridge over the Charles river within the metropolitan parks district whenever funds for the purpose shall become available by pursuant to this section; provided, however, that no such bridge shall be replaced or rebuilt without the consent of the city council and  the selectmen of any town in which any part of the bridge is situated. Any such bridge may be replaced or rebuilt without a draw for the passage of vessels, and may be of no greater height above the water than, in the judgment of the division, the architectural appearance of the bridge would require, except that every such bridge over the Charles river basin shall be so constructed as to leave a clear height of at least 12 feet above the ordinary level of the water in the basin over the main ship channel, and the piers and other obstructions to the flow of the river shall be constructed in such form and in such places as the secretary of defense of the United States shall approve. When the work of replacing or rebuilding any such bridge is completed, the bridge shall be maintained and policed under and in accordance with the laws governing such maintenance and policing at the time when the work was begun. The state treasurer may receive, hold, manage and invest any funds given or bequeathed to him in trust by any person, upon such terms, conditions and limitations as the donor may impose, for the purpose of enabling the division to carry out this section, and the division, whenever it shall deem that the public interests so require, may expend, under authority of this section any such funds in accordance with the terms, conditions or limitations aforesaid. Any owner or lessee of property abutting on the Charles river above any drawless bridge built under the authority of this section and under authority of the act of congress entitled “An Act to authorize the construction of drawless bridges across a certain portion of the Charles river in the State of Massachusetts”, approved February 27, 1911, shall be entitled to adequate compensation for damages, if any, caused to such property or leasehold interests therein, by reason of the interference with access by water to said property due to the construction of any such drawless bridge, in accordance with provisos contained in said act of congress. Upon petition of any such owner or lessee entitled to such damages, filed in the supreme judicial court within 1 year after any such bridge without a draw is opened for public travel, said court shall appoint 3 commissioners to hear the parties in interest, and to assess the damages to the property and the decision of the commissioners as to the amount of the damages and as to questions of fact involved shall be final.

              Section 63.  The division may transfer, for care and control, including police protection, any lands or rights or easements or interest in land held by it to any city, town, county, or local board of a city or town within the urban parks district, with the consent of such city, town, county or board, and upon such terms and for such period as may mutually be agreed upon, and enter into an agreement with any such city, town, county or board for the joint care and control or police protection of such lands or rights therein. Any city, town, or county, or any local board within the urban parks district, may transfer, for care and control, including police protection, any land, rights, easements or interest in land in its control, although the same is already a part of a public way owned or controlled by it, to the division for such period and upon such terms as may mutually be agreed upon, and may enter into an agreement with the division for the joint care and control, including police protection, of such land or public way. 

              Section 64.  (a) The division may provide functional replacement of real property in public ownership whenever the division has acquired such property in whole or in part under this chapter or when such property is significantly and adversely affected as a result of the acquisition of property for a highway or highway-related project and whenever the division determines that functional replacement is necessary and in the public interest.  For the purposes of this section, "functional replacement" shall mean the replacement, pursuant to chapter 7, requiring authorization of the general court prior to disposition of real property, including either land or facilities thereon, or both, which will provide equivalent utility.  "Real property in public ownership" shall mean any present or future interest in land, including rights of use, now existing or hereafter arising, held by an agency, authority, board, bureau, commission, department, division or other unit, body, instrumentality or political subdivision of the commonwealth.  This section shall not constitute authorization by the general court as required by said chapter 7.

              (b)  Whenever the division determines that it is necessary that a utility or utility facility, as defined under federal law, be relocated because of construction of a project which is to be reimbursed federally in whole or in part, such facility shall be relocated by the division or by the owner thereof in accordance with an order from the division; provided, however, that the authority shall reimburse the owner of such utility or utility facility for the cost of relocation subject to the limitations in subsections (e) and (f) and in accordance with the following formula: (1) for any utility facility that is to be reimbursed federally in whole or in part, the division shall reimburse the owner to the extent that the cost of relocating the utility facility is reimbursed by the federal government; and (2) for the relocation of any utility facility over $50,000 that does not qualify for federal reimbursement, the division may reimburse the owner in accordance with the owner’s ability to meet the following schedule: if the utility performs the relocation in a manner consistent with the division's policies and not later than the target date established by the division for the project, the division shall reimburse the utility at least 50 per cent but not more than 80 per cent of the costs of relocating the utility facility. Failure to comply with an order from the division shall be subject to enforcement under chapter 81.

              (c)  Any relocation of facilities carried out under this section which is not performed by employees of the owner shall be subject to section 27 of chapter 149.

              (d)  Notwithstanding any general or special law to the contrary, any utility facility that is required to be relocated because of the construction of a project federally funded under the Federal-Aid Highway Act of 1982 and the Federal-Aid Highway Act of 1987 may be relocated temporarily above ground during the construction of the project.

              (e)  The total cost to the authority for reimbursements for utility relocations under this section that are not reimbursed federally in whole or in part shall not exceed $25 ,000,000, annually, and shall not be credited toward the costs of the annual statewide road and bridge program.

              (f)  A utility relocation shall be eligible for reimbursement under this section only if it is completed to the satisfaction of the division within target dates established by the division and in accordance with design criteria set forth by the department for the relocation in a manner that facilitates the timely completion of the affected project.

Section 64A. (a) There shall be within the division a real estate appraisal review board. The board shall consist of not less than 3 but not more than 5 members to be appointed by the governor, 2 of whom shall be certified general real estate appraisers licensed by the board of real estate appraisers pursuant to section 92 of chapter 13. Members of the board shall be appointed for terms of 3 years or until a successor is appointed. Members shall be eligible to be reappointed and may be compensated at a rate to be determined by the secretary. Members of the board shall be state employees under chapter 268A. A chairman of the board shall be elected annually from the membership. The division shall provide administrative support to the board as requested. In the event of a vacancy on the board, the governor shall appoint a new member consistent with this section to fulfill the remainder of the unexpired term.

              (b) The division shall not purchase or acquire by eminent domain any real property or any interest in real property with a value in excess of $300,000 without the written approval of the board.

              (c) The board shall meet periodically, but not less than twice each year. The board shall keep a public record of all meetings, votes and other business.

              (d) The board shall submit an annual report of its activities during the preceding fiscal year not later than September 1 to the governor, the secretary of the transportation, the administrator of the division of road and bridges, the chairs of the joint committee on transportation, the chairs of the house and senate committees on ways and means and the secretary of administration and finance.

              Section 65.  Notwithstanding section 64 or any other general or special law to the contrary, the division may reimburse the owner of an underground utility or utility facility whenever such underground utility or utility facility has been relocated because of construction of a project which is to be reimbursed federally in whole or in part.  The reimbursement authorized herein shall be to the extent that the cost of relocating the facility is reimbursed by the federal government.

              Section 65.  Not later than July 31 in a calendar year, the inspector general, in consultation with the division of insurance and the executive office of transportation and public works, shall determine for each privately-owned, publicly-used railway or roadway tunnel, the types and amounts of insurance coverage necessary to fully protect the traveling public and the commonwealth in the event of an incident in or on such tunnel or roadway that causes harm or injury to a person or property.

              Not later than August 31 in a calendar year, the executive office of transportation and public works shall publish a roster of all privately-owned, publicly-used tunnels.  The roster shall include at ;east the following information for each tunnel: the identity and location; the owner’s identity; the minimum requirements set by the inspector general; the types and amounts of coverage  in force, and exclusions, underwriter’s identity, broker’s identity, premium period, premium amount and current expiration date.  The roster shall be designed to facilitate usage by the general public and shall not use industry-specific terminology unless those terms are defined for the benefit of the general public.

              Not later than September 30 in a calendar year, the owner of each privately-owned, publicly-used tunnel shall purchase at least the minimum coverage required, as determined by the inspector general in accordance with this section, for the following calendar year and shall provide proof of such coverage in the form and manner prescribed by the inspector general to the executive office of transportation and public works.  The executive office shall publish such information at no charge to the public and update the published roster accordingly.  If an owner of a privately-owned, publicly-used railway or roadway tunnel fails to provide proof of the minimum required coverage, as determined by the inspector general by September 30, the executive office shall purchase such coverage and shall subsequently collect from the tunnel owner full reimbursement for all premiums paid by the commonwealth, together with the any costs of enforcement and collection under this section.

SECTION 21.   Chapter 81B is hereby amended by striking out section 1, inserted by section 20, and inserting in place thereof the following section:-

              Section 1.  There is hereby created a body politic and corporate to be known as the Massachusetts Surface Transportation Authority which, while within the executive office of transportation and construction, shall not be subject to 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 is hereby authorized and empowered, subject to the provisions of this chapter, to own, construct, maintain, repair, reconstruct, improve, rehabilitate, finance, refinance, use, police, administer, control and operate (a) the state highway system as defined in this chapter; (b) the turnpike as defined in the chapter; and (c) the metropolitan highway system as defined in this chapter.

              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.

SECTION 22.   Said chapter 81B is hereby further amended by striking out section 1, inserted by section 21, and inserting in place thereof the following section:-

              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 and construction, 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 this chapter, own, construct, maintain, repair, reconstruct, improve, rehabilitate, finance, refinance, use, police, administer, control and operate the state highway system, the turnpike, the metropolitan highway system and the state public transit system.

              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.

SECTION 23.   Section 3 of said chapter 81B, inserted by section 20, is hereby further amended by striking out the definition of “state highway system” and inserting in place thereof the following definition:-

“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