Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for an accelerated transportation development and improvement program for the commonwealth, 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. To provide for a program of transportation development and improvements, the sums set forth in sections two to two K, inclusive, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the provisions of law regulating the disbursement of public funds and approval thereof.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6033-9615 `tc4 For projects pursuant to the provisions of sections sixty-seven and sixty-eight of this act on the interstate federal aid highway system; provided, that said sum may be expended for the costs of said projects including, but not limited to, the non-participating portions of such projects and the costs of engineering and other services essential to such projects, rendered by department employees or by consultants; provided further, that amounts expended for department employees may include the salary and salary-related expenses of such employees to the extent that they work on or in support of such projects; provided, that such expenses are federally reimbursed; provided further, that the executive office for administration and finance shall file an annual spending plan with the house and senate committees on ways and means and the joint committee on transportation which details, by subsidiary, all personnel costs and administrative costs charged to this item; provided further, that notwithstanding the provisions of any general or special law to the contrary or any other provision of this act, the department shall not enter into any obligations for projects which are eligible to receive federal funds pursuant to the authority granted under this act unless state matching funds exist which have been specifically authorized and are sufficient to fund the corresponding state portion of the federal commitment to fund such obligation; provided further, that the department shall only enter into obligations for said projects pursuant to the authority granted in this act based upon a prior commitment of federal funds and the availability of corresponding state funding authorized and appropriated for such use by the general court for the class and category of project for which such obligation applies; provided further, that funds authorized herein shall be in addition to the funds authorized by item 6036-9615 of section two of chapter one hundred and thirteen of the acts of nineteen hundred and ninety-six, as amended by section fifty-nine of this act `tc6 $261,825,000 `tc1 6033-9616 `tc4 For projects pursuant to the provisions of sections sixty-seven and sixty-eight of this act for federal aid projects and for non-participating portions of such projects; provided, that sums provided herein may be expended for the costs of said projects including, but not limited to, the costs of engineering and other services essential to such projects rendered by department employees or by consultants; provided further, that amounts expended for department employees may include the salary and salary-related expenses of such employees to the extent that they work on or in support of such projects; provided, that such expenses are federally reimbursed; provided further, that the executive office for administration and finance shall file an annual spending plan with the house and senate committees on ways and means and the joint committee on transportation which details, by subsidiary, all personnel costs and administrative costs charged to this item; provided further, that one million dollars shall be expended for the recruitment, screening, and training of women and minorities for jobs in the construction field; provided further, that notwithstanding the provisions of any general or special law to the contrary or any other provision of this act, the department shall not enter into any obligations for projects which are eligible to receive federal funds pursuant to the authority granted under this act unless state matching funds exist which have been specifically authorized and are sufficient to fund the corresponding state portion of the federal commitment to fund such obligation; provided further, that the department shall only enter into obligations for said projects pursuant to the authority granted in this act based upon a prior commitment of federal funds and the availability of corresponding state funding authorized and appropriated for such use by the general court for the class and category of project for which such obligation applies; provided further, that funds authorized herein shall be in addition to the funds authorized by item 6036-9616 of section two of chapter one hundred and thirteen of the acts of nineteen hundred and ninety-six, as amended by section sixty of this act `tc6 $1,169,250,000 `tcol;end

SECTION 2A. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tc1 2000-1961 `tc4 For coastal environmental improvements and planning in the Buzzards Bay area; provided, that not more than thirty-five thousand dollars shall be expended and made available to the Buzzards Bay action committee in fiscal year nineteen hundred and ninety-seven; provided further, that for the purposes of this item, said committee shall be deemed an entity eligible to receive such funds, notwithstanding the provisions of sections three to seven, inclusive, of chapter twenty-one F of the General Laws; and provided further, that such funds shall be administered by the Buzzards Bay action project through the office of coastal zone management `tc6 $300,000 `tc1 2000-1962 `tc4 For the construction, reconstruction, rehabilitation, expansion, replacement and construction inspection of the berth and a pier facility, including associated parking and amenities, located at the Massachusetts maritime academy at the west end of the Cape Cod canal `tc6 $6,500,000 `tc2 Department of Environmental Management. `tc1 2100-1961 `tc4 For a statewide telecommunications feasibility and marketing study of existing fire observation towers owned by the department, including the planning and construction of necessary equipment shelters, marketing and revenue assessments, for the study, planning, design and construction of a consolidated telecommunications facility at the summit of Wachusett Mountain and for the renovation and improvement of existing fire observation towers owned by the department, for public sector and non-public sector users, including the relocation and reconstruction of a fire observation tower; provided, that the department shall require all public users to contribute to the costs for the operation, maintenance and improvement of such facilities; and, provided further, that all non-public users shall pay the fair market value for such use as established through a public solicitation process `tc6 $3,500,000 `tc2 Department of Fisheries, Wildlife, and Environmental Law Enforcement. `tc1 2320-8978 `tc4 For studies, design, construction supervision, construction and reconstruction of boat launching facilities, fishing piers and associated appurtenances in the town of Winthrop `tc6 $500,000 `tc2 Metropolitan District Commission. `tc1 2400-1961 `tc4 For the reconstruction of Santilli circle on the Revere beach parkway in the city of Everett and for a study of the future use of a nearby railroad right of way extending through the cities of Everett and Malden `tc6 $3,000,000 `tc1 2400-1962 `tc4 For the planning, design, permitting, and implementation of the Webster Lake sediment control plan `tc6 $3,650,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6033-9603 `tc4 For the design and construction of roads, roadways and other transportation related projects deemed necessary for economic development by the secretary of transportation and construction upon the petition of the appropriate local executive government body and pursuant to section sixty-eight of this act; provided, that funds authorized in this item shall be expended in accordance with the provisions of chapter nineteen of the acts of nineteen hundred and eighty-three; provided further, that all projects funded through this item and in subsection (f) of section three of chapter fifteen of the acts of nineteen hundred and eighty-eight and item 6033-9501 in section two A of chapter two hundred seventy-three of the acts of nineteen hundred and ninety-four shall be in accordance with 701 CMR 5.00 through 701 CMR 5.10; and, provided further, that the secretary of transportation and construction shall notify all cities and towns of the availability of funds through this program and shall inform said municipalities of the application process prior to the expenditure of any funds from this item `tc6 $20,000,000 `tc1 6033-9604 `tc4 For the implementation of sections thirty-one, thirty-two, and thirty-three of this act; provided, that the amounts authorized herein shall be in addition to any amounts previously made available for the same purpose `tc6 $13,000,000 `tc1 6033-9617 `tc4 For the construction of, repair of or improvement to non-federally aided roadway projects and for the non-participating portion of federally-aided projects pursuant to section sixty-eight of this act; provided, that the costs of professional personnel directly and exclusively involved in the construction, planning, engineering and design of the projects funded herein may be charged to this item; provided further, that said costs shall not be classified as administrative costs; provided further, that an amount not to exceed two percent of the amount authorized herein may be expended for the administrative costs directly attributable to the programs funded herein; provided further, that the executive office for administration and finance shall file an annual spending plan with the house and senate committees on ways and means and the joint committee on transportation which details, by subsidiary, all personnel costs and administrative costs charged to this item; provided further, that the department is hereby authorized and directed to prepare all plans and design necessary for the repair and reconstruction of Williamsburg road, so-called, located in the towns of Ashfield, Conway, and Williamsburg; provided further, that not more than two hundred and fifty thousand dollars shall be expended for two sets of traffic lights on state route 126 in the town of Bellingham; provided further, that five hundred and four thousand dollars shall be expended for repairs and improvements to Main street in the town of Blackstone; provided further, that one million dollars shall be expended for the design and construction of a park to be located on Massachusetts avenue between Shawmut avenue and Tremont street in the city of Boston; provided, however, that the expenditure of said one million dollars shall be contingent upon approval by the department of highways of the construction of associated roadway improvements and further legislative approval; provided further, that not more than seventy-five thousand dollars shall be expended for the installation of a pedestrian crossing/traffic light at the intersection of Lincoln street and Dorchester avenue in the Dorchester section of the city of Boston; provided further, that not more than seventy-five thousand dollars shall be expended for the installation of a pedestrian crossing/traffic light at the intersection of Waldeck street and Park street in the Dorchester section of the city of Boston; provided further, that one hundred thousand dollars shall be expended for the design and installation of a pedestrian traffic light, to be equipped with a signal to assist the blind, on state highway route 70 at Boylston common in the town of Boylston; provided further, that seventy-five thousand dollars shall be expended to reimburse the town of Braintree for traffic signal installation; provided further, that five million dollars shall be expended for grants to the eligible communities in the priority order as determined by the central artery/tunnel financial assistance grant program ranking established in February, nineteen hundred and ninety-six; provided further, that three million dollars shall be expended for the reconstruction of Shawinigan drive in the city of Chicopee and the town of Ludlow; provided further, that one hundred and forty thousand dollars shall be expended for the repair of Airport road in the town of Dudley; provided further, that five hundred thousand dollars shall be expended for beach nourishment, temporary groins and other road stabilization purposes on Beach road in the towns of Edgartown and Oak Bluffs; provided further, that one million five hundred thousand dollars be expended for studies of the engineering, environmental and economic impact, as well as project construction costs, for an access road from interstate highway route 95 onto state highway route 133 in the town of Georgetown; provided further, that no less than one hundred thousand dollars shall be spent as necessary for the purpose of ensuring public safety through the construction of a stone wall along certain segments of state highway route 106 in the town of Halifax; provided further, that a total of not less than two hundred thousand dollars shall be expended for the installation of a pedestrian crossing/traffic light at the intersection of Eastern Avenue and Western Avenue on state highway route 107 and at the intersection of Coolidge Road and Bellair Avenue on state highway route 107, each in the city of Lynn; provided further, that not more than one hundred and ninety thousand dollars shall be expended for the reconstruction and traffic signalling of the intersection of Hunnewell street and Wellesley avenue at the Needham/Wellesley line; provided further, that five thousand dollars shall be expended for the purchase and installation of a bus shelter on the northbound side of Massachusetts bay transportation authority bus route 34 in or near the front of the Balch school located on Washington street in South Norwood; provided further, that in addition to the authorization contained in section eight of chapter one hundred and thirty-four of the acts of nineteen hundred and ninety-five, three million dollars shall be expended for the purpose of improvements to the interchange at state highway route 3 connecting state highway route 139 located in the towns of Pembroke and Marshfield; provided further, that four hundred thousand dollars shall be expended for improvements, and associated construction costs, to Water street in the town of Pembroke for pedestrian safety, including sidewalks and drainage; provided further, that not more than one hundred thousand dollars shall be expended for the installation of a new sidewalk along the westerly side of Main street, state highway route 28, in the town of Reading from Fairchild drive north to the North Reading town line; provided further, that three million dollars shall be expended for infrastructure improvements or replacements on United States federal highway route 1 in the town of Saugus; provided further, that four hundred and eighty-six thousand dollars shall be expended for improvements to state highway route 16 in the town of Uxbridge from state highway route 122 to Oak street and from Blackstone River to the state highway marker; provided further, that one hundred and sixty thousand dollars shall be expended for the installation of a four foot by eight foot concrete box culvert under the Washington street extension in south Walpole where it intersects with the Neponset river, including the cost of excavation, brook diversion, engineering and other related expenses; provided further, that three million dollars shall be expended for the design, land acquisition, and construction of traffic safety improvements to portions of Littleton road (state highway route 110), Concord road (state highway route 225), Power road and Groton road (state highway route 40), located in the town of Westford; provided further, that not more than twenty-seven million dollars shall be expended for the following projects: construction and roadway improvements of state highway route 187 in the town of Agawam; the Phinney's lane/old state highway route 132 project, so-called, in the town of Barnstable; the reconstruction of Williams street, between Spruce street and Pearl street, in the city of Chelsea; improvements to the Beacon street off-ramp in the city of Chelsea; a study of the feasibility of constructing a pedestrian overpass over state highway route 62 in the vicinity of the Essex agricultural and technical institute; a study of improvements for the East Longmeadow rotary, so-called; improving access to Pine Knoll, so-called, in the town of East Longmeadow; the fabrication and installation of signs for creation of a regional tourism network in Essex county; said signs shall consist of, but not be limited to, interstate signs, on-site historic resource signs, directional signs for historic sights, natural areas, parking areas, waterfronts and other bimodal access points, historic district interpretive signs, Essex Heritage interpretive signs for significant natural areas and Essex Heritage trail blazer signs; the reconstruction of Tremont street in the city of Everett; the design and environmental study of an access route from state highway route 12 to downtown in the city of Fitchburg; planning, design and construction of a parking facility in downtown Gloucester for access to commuter rail service; the planning, design and construction of a pedestrian walkway appurtenant to the existing vehicular bridge spanning Goose Cove on state highway route 127 in the city of Gloucester; said walkway shall be designated as the Stephen Ross Memorial Walkway; improving and paving Chebacco Lake road in the towns of Hamilton and Manchester-by-the-Sea; the upgrade of traffic control devices in the town of Holbrook; the Norfolk street project in the town of Holliston; the improvement of intersections located at Grove and Hayden Rowe street, Main and Hayden Rowe street, and Main and Pleasant streets in the town of Hopkinton; preparation of a design and construction implementation plan for the completion of reconstruction of state highway route 62 in the town of Hubbardston within ninety days of the passage of this act; roadway engineering, reconstruction and improvements on Broadway and Park streets in the city of Lawrence; the design of the state highway route 13 bypass project in the city of Leominster and the town of Lunenburg; resurfacing local roads that are adversely impacted by bridge closings; the design and construction of traffic safety and transportation improvements on Lynnfield street, state highway route 129, between Great Woods Road and Wyoma square, located in the city of Lynn; the design and construction of traffic safety and transportation improvements on Broadway, state highway route 129, from Wyoma square to Boston street, located in the city of Lynn; design and construction of traffic safety and transportation improvements on Western/Eastern avenues, state highway routes 129 and 107, at Stanwood street and Waitt avenue, Floating Bridge area, so-called, located in the city of Lynn; design and construction of pedestrian safety improvements on Broad street, state highway route 1A, at north shore community college - Lynn campus and the Massachusetts bay transportation authority's commuter rail station; construction of an interchange connecting interstate highway route 495 and Crane Meadow road in the towns of Marlborough and Southborough; installation of new traffic and pedestrian control signals at Park and Salem streets in the city of Medford; roadway improvements to Oakland avenue in the city known as the town of Methuen to the Lawrence city limits; sidewalk improvements in the vicinity of Malden Mills in the city known as the town of Methuen; sanitary sewer improvements in the vicinity of Malden Mills in the city known as the town of Methuen; water improvements in the vicinity of Malden Mills in the city known as the town of Methuen; drainage improvements in the vicinity of Malden Mills in the city known as the town of Methuen; a comprehensive engineering study, design, and full construction of a sidewalk along Freeman street in the town of Norton from West Main street, state highway route 123, to Mansfield avenue, state highway route 140, to alleviate public safety problems associated with heavy traffic between two state roads, and to provide significant pedestrian access to town economic and educational areas as an alternative to vehicular transportation; the construction of a pedestrian pathway along the North river beginning at the Salem city line heading west to Peabody Square in the city of Peabody; provided further, that said pedestrian pathway shall continue along the Goldwaite brook from Peabody square to Washington street at the George Peabody House Civic Center; the upgrade of signal and intersection geometry to provide for pedestrian crossing and more efficient right-turn queuing lanes at the intersection of Prospect and Lowell streets in the city of Peabody; the replacement and upgrade of the pedestrian signal, with designated crossing area, at the Lowell street and West street entrances to the high school in the city of Peabody; the upgrade of the pedestrian signal for pedestrian crossing at the intersection of Lowell and Lake streets in the city of Peabody; the installation of a pedestrian crossing signal at the intersection of Lynn and County streets in the city of Peabody; the construction of "neck-downs" at downtown crosswalks to provide pedestrian refuge in downtown Peabody square; the engineering and design of reconstruction of Buffam road in the town of Pelham; construction and reconstruction of Highfield street in the city of Quincy; construction and reconstruction of Union street in the town of Rockland; the study, design, and construction of Somerville avenue in the city of Somerville; the design and implementation of traffic signals at College avenue at the Somerville/Medford line; implementation of the metropolitan district commission safety improvements for the VFW parkway/Corey street intersection; repair and improvements to Washington street in the town of Wellesley; a comprehensive engineering and design study of Manley street in the town of West Bridgewater from state highway route 106 north to the Brockton city limits, to evaluate the necessity and viability of road and related improvements to maintain and enhance a business district of local and regional import, including, but not limited to the full reconstruction of the street; the Memorial avenue project in the town of West Springfield; the Main street project in the town of West Springfield; construction and improvement of School street in the town of Westborough; improvements to the intersection of state highway route 20 and Stony Hill road in the town of Wilbraham; provided further, that the department is hereby authorized and directed to expedite the progress of those projects specifically referenced in this item; provided further, that the department is authorized and directed to seek federal participation for projects earmarked herein wherever applicable; provided further, that funds authorized herein shall be in addition to the funds authorized in item 6036-9617 of section two A of chapter one hundred and thirteen of the acts of nineteen hundred and ninety-six, as amended by section sixty-one of this act `tc6 $440,625,000 `tc1 6033-9618 `tc4 For the design, land acquisition, construction and reconstruction of tourist information centers and sanitary facilities, including light and safety projects, installation of water lines, as well as any landscaping, fencing, sign installation or any other work associated with these projects, pursuant to section sixty-eight of this act; provided, that in all new construction of sanitary facilities, no-discharge on-site recycling waste water treatment systems shall be used unless the commissioner of the department of highways shall determine that such no-discharge on-site recycling waste water treatment system shall be unnecessary or that the construction of such waste water treatment system is not cost effective; provided further, that the commissioner shall file with the secretary of transportation and construction, the visitor information services travel alliance board, and the house and senate committees on ways and means a statement of said determination with a plan detailing the annual operating costs for each tourist center and sanitary facility to be constructed or reconstructed; provided further, that said plan adheres to the guidelines established by said visitor information services travel alliance board under section nineteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five; provided further, that said plan shall contain a funding plan to meet these operating costs and shall include, but not be limited to, expenditure and revenue assumptions for each facility; provided further, that no construction or reconstruction shall begin until such plan has been filed and approved by said board; provided further, that the department shall establish a tourist information center in Franklin county; provided further, that a feasibility study shall be conducted by the department regarding the locating of a tourist information center in the city of Gloucester in conjunction with the National Park Service and the Essex County Heritage Project; provided, further, that not less than one million five hundred thousand dollars shall be expended for the purpose of funding small tourist information centers on two-lane state highways; provided further, that such small tourist information centers shall not be required to include sanitary facilities `tc6 $10,000,000 `tc1 6033-9629 `tc4 For the construction and reconstruction of department-owned garages and maintenance shops, and for beneficial and necessary improvements to department-owned garages, maintenance shops, administrative buildings and other structures pursuant to section sixty-eight of this act; provided, that notwithstanding the provisions of any general law or special law to the contrary, the department shall construct or contract for, control and supervise said projects; and provided further, that no construction or contractual agreement shall be entered into prior to the review and approval of the inspector general; provided further, that notwithstanding the provisions of section three of chapter sixteen of the General Laws, the commissioner of the department of highways and the secretary of transportation and construction shall maintain a Massachusetts highway district one administrative office in the town of Lenox and a Massachusetts highway district two administrative office in the city of Northampton; provided further, that said commissioner is hereby directed to maintain staffing levels of at least one district highway director, one district construction engineer, one projects development engineer, one maintenance engineer, and one administrative manager in each of said offices `tc6 $4,000,000 `tc1 6033-9660 `tc4 For the purposes of furthering compliance with environmental requirements, including, but not limited to, the investigation, assessment, remediation, transportation, storage, disposal, and general cleanup of hazardous materials at department sites, properties where contamination has migrated from department sites and properties adjacent to highway rights of way where contamination may impact proposed construction projects, in compliance with all federal, state and local statutes and regulations associated with hazardous materials, hazardous waste and solid waste, including but not limited to the Clean Air Act and Clean Water Act requirements, pursuant to section sixty-eight of this act; provided, that five million dollars shall be expended for supplemental environmental projects required pursuant to the Environmental Protection Agency/department of highways consent agreement and order; provided further, that sums provided herein may be expended for the costs of training, medical monitoring, personnel protective equipment and equipment required for the investigation and monitoring of soil and groundwater contamination, in compliance with federal, state and local statutes and regulations, including, but not limited to, the Emergency Planning and Community Right-To-Know Act and Occupational Safety and Health Administration requirements; and, provided further, that not less than two million dollars shall be expended for the purpose of conducting feasibility studies in areas of suspected contamination `tc6 $30,000,000 `tc1 6033-9669 `tc4 For the design, reconstruction and improvement, including the testing, removal and encapsulation of lead-based paint, to highway bridges and other bridges, pursuant to section sixty-eight of this act; provided, that not more than sixteen million dollars shall be expended for repairs, deleading, and painting of the Long Island bridge; provided further, that one million dollars shall be expended for the repair, rehabilitation, and replacement, as necessary, of the existing structure known as the Buchannan bridge on state highway route 107 in the city of Lynn; provided further, that thirty million two hundred and fifty thousand dollars shall be expended for the study, design, planning and construction of a new bridge spanning the Merrimack river in the town of Tyngsborough; provided, that not more than two hundred and fifty thousand dollars shall be expended for the study, design, and planning of said bridge, and provided further, that the remaining funds shall not be expended prior to the completion and submission of said study to the joint committee on transportation and the house and the senate committees on ways and means; provided further, that six hundred and thirty-five thousand dollars shall be expended for the repair, rehabilitation, and replacement, as necessary, of the bridges at Fiske street, Courtland street, and Maple street located in the town of Holliston; provided further, that one million two hundred thousand dollars shall be expended for the High street bridge project in the town of Ashland; provided further, that the department is authorized and directed to rehabilitate and reconstruct the bridge over the Connecticut river in towns of Gill and Montague; provided further, that the department is authorized to use wooden materials in highway bridges and other bridges; provided further, that not more than five million dollars shall be expended for the purpose of establishing a state "Wood In Transportation" pilot program to be developed and implemented by the secretary of transportation and construction and the office of business development in consultation and conjunction with the forest service economic action program entitled "Wood In Transportation" of the United States Department of Agriculture and the Massachusetts wood industries council; provided further, that said pilot program shall examine and implement the use of wood for various transportation-related applications including, but not limited to, vehicular and pedestrian bridges, railings, sign and light posts, sound barriers, retaining walls, railway bridges and future railroad maintenance and improvement projects, culverts, docks, fresh and salt water marine facilities, and portable bridges for timber harvesting operations; provided further, that said secretary shall report his findings to the house and senate committees on ways and means and to the chairman of the special commission on forest management practices within one year after the effective date of this act, and provide his updated findings within two years after the effective date of this act; provided further, that said pilot project shall maximize federal financial participation; provided further, that two million dollars shall be expended for the repair of the George Roper Memorial bridge, so-called, in the Dorchester section of the city of Boston; provided further, that one million dollars shall be expended for the purpose of bridge replacement at Nevins Home, so-called, in the city known as the town of Methuen; provided further, that one million dollars shall be expended for the purpose of bridge replacement at Searles Organ Hall, so-called, in the city known as the town of Methuen; provided further, that one million two hundred thousand dollars shall be expended for replacement of the Spicket River bridge, so-called, in the city of Lawrence; provided further, that not less than one hundred thousand dollars shall be expended for the replacement of the existing bridge on Mill street located in the village of Lenoxdale within the town of Lenox; provided, further, that not less than one hundred thousand dollars shall be expended for repairs, deleading and painting of the existing railroad overpass on the Pleasant street section of state highway route 183 located in the village of Housatonic within the town of Great Barrington; provided further, that the department is authorized and directed to pursue federal participation for projects authorized herein wherever applicable; provided further, that one hundred seventy thousand dollars shall be expended for the construction of a guard railing for the protection of pedestrians and bicyclists on the southbound side of the Salem-Beverly bridge; provided further, that an amount not to exceed one million five hundred thousand dollars shall be expended for the purpose of widening the bridge at the easterly side of Massachusetts avenue and the northerly side of Boylston street in the city of Boston to incorporate a bus pullout and to enhance pedestrian safety, and for the purpose of integrating the bus shelter on the westerly side of Massachusetts avenue between Newbury and Boylston streets in the city of Boston to enhance pedestrian safety in order to improve the flow of traffic and to enhance access to the entrance to the Massachusetts turnpike at Massachusetts avenue and Newbury street; provided further, that funds authorized herein shall be in addition to funds authorized in item 6036-9669 of section two A of chapter one hundred thirteen of the acts of nineteen hundred and ninety-six, as amended by section sixty-two of this act; provided further, that notwithstanding the provisions of any general or special law to the contrary, the costs of professional personnel directly and exclusively involved in the planning, construction, engineering, and design of the projects funded in this item may be charged to this item; provided further, that said costs shall not be classified as administrative costs; provided further, that an amount not to exceed two percent of the amounts authorized in this item may be expended for the administrative costs directly attributable to the projects funded in this item; and, provided further, that the executive office for administration and finance shall file an annual spending plan with the house and senate committees on ways and means and the joint committee on transportation which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $155,651,250 `tc1 6033-9699 `tc4 For the purpose of roadway and intersection improvements on public ways in the city of Springfield, including the replacement of the Union street flood control pumping station and appurtenant structures, drains and utilities related thereto, for the design and construction of a railroad overpass connecting the Connecticut riverwalk and bikeway, and for related bikeway and pedestrian improvements at the riverfront park, and for the purposes of planning, engineering and construction of a parking facility in the city of Springfield related to the riverfront development project; provided, that the exit ramp from interstate highway route 91 to the Memorial bridge shall not be eliminated; provided further, that no funds shall be expended from this item until a lease agreement for a term of not less than ninety-nine years is entered and signed by the board of trustees of the Basketball Hall of Fame and the city of Springfield; provided further, that said lease is subject to approval of the division of capital planning and operations within the executive office for administration and finance `tc6 $17,500,000 `tc1 6034-9601 `tc4 For the construction of storm water infrastructure to mitigate flooding at Brosnihan square and Green Island area, so-called, in the city of Worcester; provided, that said construction shall be included in the scope of the state highway route 146 improvements `tc6 $3,000,000 `tc1 6034-9602 `tc4 For a program to develop and construct on and off-street bicycle routes to urban centers and to transit, rail, bus, ferry and other intermodal terminals, to provide secure bicycle locking facilities at such terminals and to promote bicycle and pedestrian commuting pursuant to section sixty-eight of this act; provided, that fifty thousand dollars shall be expended for the implementation of the Stoneham railroad land use masterplan; provided further, that the department of highways shall report to the house and senate committees on ways and means and to the joint committee on transportation within one hundred and eighty days of the effective date of this act a bicycle expenditure plan to be developed in cooperation with the regional planning organizations and based on projects identified in the statewide bicycle facilities inventory; provided further, that one million dollars shall be expended for the design and construction of an off-street bicycle route in the town of Billerica; provided further, that five hundred thousand dollars shall be expended for the extension of the bicycle path along the state highway route 28 shoreline access road through the city of Somerville and up to Sullivan Square in the city of Boston `tc6 $6,000,000 `tc1 6034-9605 `tc4 For the city of Boston for a program of improvements of and enhancements to the public streets and sidewalks in Kenmore square in the city of Boston; provided, that such improvements and enhancements shall be undertaken in consultation and cooperation with the Massachusetts Bay Transportation Authority and may include improvements and enhancements to the authority's bus and subway stations in said Kenmore square `tc6 $7,000,000 `tc1 6034-9606 `tc4 For the purposes of widening and expanding state highway route 110 from two lanes to four lanes on that part of said route 110 designated by its intersection with interstate highway route 495 and its intersection with interstate highway route 95, widening and expanding highway route 110 from three lanes to four lanes on that part of said route 110 designated by its intersection with interstate highway route 95 and its intersection with United States federal highway route 1, at a place commonly referred to as Salisbury square, and for widening and expanding state highway route 110, also referred to as state highway route 1A, from two lanes to four lanes on that part of said state highway route 110 designated by its intersection with United States federal highway route 1, at a place commonly referred to as Salisbury Square, and Salisbury beach proper in the town of Salisbury; provided, that an amount not to exceed one million dollars shall be expended for the purpose of conducting a feasibility study of alternative routes to Salisbury beach `tc6 $18,000,000 `tc1 6034-9609 `tc4 For the development of Campanile Plaza project, so-called, located in the city of Springfield; provided, that twenty-five percent of the costs of said project shall be paid by the city of Springfield; and, provided further, that twenty-five percent of the costs of said project shall be paid by those members of the business community which will benefit from the development of Campanile Plaza `tc6 $1,000,000 `tc1 6034-9610 `tc4 For the study, design, planning and construction of egress and access roads, including related improvements, land acquisitions, and easements, to the South Weymouth naval air station, so-called, to and from state highway route 3 and to and from state highway route 18 in the town of Weymouth; provided, that not more than five hundred thousand dollars shall be expended for the study, design, and planning of said construction; and provided further, that the remaining funds shall not be expended prior to the completion and submission of said study to the joint committee on transportation and the house and senate committees on ways and means `tc6 $15,000,000 `tc3 OFFICE OF LABOR, EDUCATION AND ECONOMIC DEVELOPMENT. `tc2 Division of Housing and Community Development. `tc1 7004-8968 `tc4 For the renovation and upgrade of certain facilities adversely impacted as a result of the construction of the Massachusetts Bay Transportation Authority Alewife station and related facilities; provided, that not more than two million dollars shall be expended for the renovation and upgrade of facilities on Donnelly field in the city of Cambridge; and, provided further, that not more than one million three hundred fifty thousand dollars shall be expended for the Russell field project in the city of Cambridge `tc6 $3,500,000 `tcol;end

SECTION 2B. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-1969 `tc4 For the implementation of the oversight plan developed in accordance with the provisions of section twenty-one of chapter one hundred and two of the acts of nineteen hundred and ninety-five; provided, that a supplemental plan shall be developed creating the Central Artery/Third Harbor Tunnel project oversight coordination commission; provided further, that said commission shall be composed of the attorney general, inspector general and the state auditor, or their designees; provided further, that said commission shall function as a centralized body to coordinate all Central Artery/Third Harbor Tunnel project oversight activities of the inspector general, attorney general, and state auditor; provided further, that said supplemental plan shall direct said commission to scrutinize and recommend cost savings in said Central Artery/Third Harbor Tunnel project; provided further, that said supplemental plan shall be filed with the house and senate committees on ways and means and the joint committee on transportation within six months of the effective date of this act; provided further, that funds authorized herein shall not be released prior to the completion and submission of said plan; provided further, that the members of said commission shall hold coordinating sessions on no less than a quarterly basis and shall include the house and senate chairmen of the joint committee on transportation, or their designees, the chairmen of the house and senate committees on post audit and oversight, or their designees; provided further, that the funds provided from this item shall be available for administrative and personnel costs of the commission, including the salary of an executive director who shall be agreed upon by the inspector general, the state auditor, and the attorney general; provided further, that funds authorized herein shall be in addition to any amounts previously made available for this purpose; and provided further, that it is hereby declared to be the stated position of the general court that said commission shall be disbanded not later than one year after the completion of said Central Artery/Third Harbor Tunnel project `tc6 $2,000,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6033-5965 `tc4 For the purchase and maintenance of computer hardware and software for the department pursuant to section sixty-eight of this act; provided, that the department is directed to develop a total system solution that integrates engineering, project management, maintenance, inventory and physical asset management, accident tracking and analysis, and intermodal surface transportation efficiency management systems to develop and communicate information necessary to effectively perform and control department responsibilities; provided further, that said total system solution shall include a project management system which shall provide the basis for the development of a comprehensive information database which shall provide real-time project information including, but not limited to, projected advertise date, estimated project cost, permits requested, permits granted, local approval needed, date local approval received, date presented to project review committee, decision of project review committee, funding category, actual date of advertisement, date project awarded, projected completion date, realistic progress and status updates, actual completion date, and total project cost; provided further, that said total system solution and database shall be developed in a manner which shall allow access to other state, local or regional public agencies or authorities; and, provided further, that a progress report detailing the development of said total system solution and database shall be filed with the joint committee on transportation and the house and senate committees on ways and means not later than September first, nineteen hundred and ninety-six and semi-annually thereafter until total system solution and required database construction is complete and a method for outside access is developed and implemented `tc6 $5,000,000 `tc1 6033-9619 `tc4 For the assistance of operators of tourist information facilities constructed by the department of highways, pursuant to section sixty-eight, including reimbursement to facilities in operation on the effective date of this act; provided, that such assistance shall be for those costs associated with the "start-up", so-called, of any new tourist information facility or for reimbursement to facilities in operation on the effective date of this act; provided further, that no operator shall receive more than one grant from this item; provided further, that no operator shall receive in excess of one hundred thousand dollars from this item; provided further, that any operator, officer, proprietor, or director of such tourist information facilities shall advise said department of and make full disclosure of any and all financial interests of said operator, officer, proprietor, or director pursuant to chapter two hundred and sixty-eight A of the General Laws; and, provided further, that the commissioner of the department of highways shall have the authority to award funds under this item subject to the review and approval of the Visitor Information Services Travel Alliance board, established pursuant to section nineteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five and the secretary of transportation and construction `tc6 $1,000,000 `tc3 OFFICE OF LABOR, EDUCATION, AND ECONOMIC DEVELOPMENT. `tc2 University of Massachusetts. `tc1 7400-6969 `tc4 For a review of the Central Artery/Third Harbor Tunnel project pursuant to the provisions of section one hundred and two of this act `tc6 $300,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Department of State Police. `tc1 8100-1961 `tc4 For the completion of the design, construction, and implementation of a statewide telecommunications system and to enhance interagency communication capability among state and local agencies `tc6 $12,000,000 `tcol;end

SECTION 2C. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6033-9662 `tc4 For the purchase, long-term leasing and rehabilitation of necessary durable equipment, including highway maintenance fleet equipment, in addition to parts for said durable equipment, pursuant to section sixty-eight of this act `tc6 $15,000,000 `tc1 6033-9663 `tc4 For the lease of light vehicles so-called, pursuant to section sixty-eight of this act; provided, that notwithstanding the provisions of any administrative bulletin or any general or special law to the contrary, the department of highways shall not pay any fees charged for leasing or maintenance of vehicles to the department of procurement and general services `tc6 $10,500,000 `tcol;end

SECTION 2D. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Executive Office. `tc1 6001-9605 `tc4 For the purposes authorized by chapter one hundred and sixty-one B of the General Laws, including the purchase, long-term lease and rehabilitation of rolling stock, and the construction, reconstruction, and rehabilitation of regional transit authority facilities and related appurtenances `tc6 $20,000,000 `tcol;end

SECTION 2E. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Executive Office. `tc1 6001-9680 `tc4 For the intercity bus capital assistance program authorized by chapter one hundred and sixty-one D of the General Laws `tc6 $4,000,000 `tcol;end

SECTION 2F. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Executive Office. `tc1 6001-9645 `tc4 For the purpose of further implementing the provisions of section thirteen of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three; provided, that any grant funds awarded under this item shall be for not more than eighty percent of the total purchase cost of the vehicles or equipment; and, provided further, that the secretary may waive said limitation upon determination that a recipient is in critical financial need `tc6 $5,000,000 `tcol;end

SECTION 2G. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Executive Office. `tc1 6001-9655 `tc4 For the purpose of improving and expanding marine transportation services; provided, that an amount not to exceed one million dollars shall be expended for a feasibility study, including, but not limited to, commuter operations to and from the city of Boston from the north and south shores, including, but not limited to, Lynn harbor, Rockport harbor, Gloucester harbor, Scituate harbor, Hingham harbor, Nantasket pier, Allerton pier in the town of Hull, North Weymouth, and the Fore River basin and operations between points within the inner or outer harbor, or for other public transportation purposes including, but not limited to, the acquisition of boats for marine transportation services, the planning, design construction or acquisition of docking, dredging and other landside facilities such as parking or shelter facilities, improved landside access to such facilities, the purchase of other equipment in connection with said operations and the disposal of same when their use has been substantially diminished including any and all equipment or boats purchased for marine transportation service prior to the effective date of this act; provided further, that in carrying out the provisions of this item the secretary of transportation and construction may enter into contracts or agreements as are appropriate with other state and local public agencies, authorities, or political subdivisions of the commonwealth, including, but not limited to, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental management, coastal zone management or with private parties, which are hereby granted the power and authority to enter into contracts or agreements with said secretary; provided further, that said study shall also review the feasibility of establishing a transportation network for the proposed harbor islands national recreation area; provided further, that a report and the recommendations of said study shall be submitted to the house and senate committees on ways and means and the joint committee on transportation not later than December first, nineteen hundred and ninety-six; provided further, that fifty thousand dollars shall be provided for the purpose of studying expansion of marine transport service to and from the Cape and Islands; provided further, that, of said fifty thousand dollars, twenty-five thousand dollars shall be provided to the Cape Cod economic development council and twenty-five thousand dollars shall be provided to the Cape Cod commission in order to conduct and submit a joint study report; provided further, that three hundred and seventy-five thousand dollars shall be expended for repairs to the T-Wharf, so-called, in the town of Rockport, subject to a twenty-five percent match from said town; provided further, that three million seven hundred and fifty thousand dollars shall be expended for public piers and improvements to the public harborwalk, so-called, on and about the central wharf in the city of Boston, for the purpose of enhanced water transportation capacity and intermodal access to the waterfront, subject to a twenty-five percent match from said city `tc6 $50,000,000 `tc1 6001-9657 `tc4 For the purpose of planning, engineering, design and construction of transportation infrastructure investments to be called regional intermodal transportation centers (ITC), strategically located to maximize passenger connections between road, air, water, rail and other transportation modes; provided, that in carrying out the provisions of this item, the secretary of transportation and construction may set service standards to aid in identifying population hubs where intermodal transportation centers would optimally affect passenger movement throughout the commonwealth `tc6 $12,300,000 `tcol;end

SECTION 2H. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Executive Office. `tc1 6001-9610 `tc4 For the purpose of implementing rail improvements pursuant to the provisions of chapter one hundred and sixty-one C of the General Laws `tc6 $10,000,000 `tc1 6001-9699 `tc4 For the extension of the commuter rail from the city of Fall River to the city of Newport in the state of Rhode Island via the Newport secondary line, so-called, including the planning, design, construction, reconstruction, improvement and rehabilitation of said rail right of way with the cooperation and participation of the state of Rhode Island; provided, that no funds shall be expended from this authorization until the state of Rhode Island authorizes or appropriates at least an equal amount of matching funds for this project; provided further, that no funds shall be expended for the Tiverton Train bridge, so-called, and rail bed in the state of Rhode Island until said state of Rhode Island first authorizes or appropriates funds for said project and unless state finance law allows for such expenditures to be made from this item `tc6 $4,000,000 `tcol;end

SECTION 2I. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Massachusetts Aeronautics Commission. `tc1 6006-9680 `tc4 For a program of airport development and improvement; provided, that funds shall be made available for the purpose of constructing a new passenger terminal, aircraft apron, airport automobile parking areas, access roads and other related improvements at the Martha's Vineyard airport, and for the purpose of removing and properly disposing of asbestos and other toxic or hazardous materials and certain existing airport structures and facilities; provided further, that funds shall be made available for the purpose of constructing a runway extension, a new air cargo ramp and taxiway, and related airport improvements at the New Bedford regional airport and for the purpose of environmental analysis and mitigation related to said improvements; provided further, that said improvements shall be performed in a manner consistent with federal and state environmental regulations; provided further, that the commission shall seek the maximum reimbursement from the Federal Aviation Administration; provided further, that incremental federal funding assistance, if any, in excess of the entitlement funds due to the New Bedford regional airport under the Federal Airport Improvement Program and in excess of the final costs and expenses shall be retained by the commonwealth; provided further, that funds shall be made available for improvements to the main terminal, airport automobile parking areas and access roads, and other related airport improvements at the Barnstable municipal airport, including the removal and proper disposal of asbestos and other toxic and hazardous materials; provided further, that funds shall be made available for the construction of a parking lot at the Worcester airport; provided further, that funds shall be expended for the design and construction of a heliport in the city of Fall River; provided further, that a portion of the funds appropriated herein shall be expended for the purpose of runway repaving and new runway lights at the Northampton airport in the city of Northampton; provided further, that a portion of the funds appropriated herein shall be expended for the purpose of a runway extension, and runway, taxiway and drainage system developments and improvements at the Montague municipal airport in the town of Montague; provided further, that not less than five million dollars shall be expended for development and improvement projects at the commonwealth's other municipal and private airports as deemed necessary by the Massachusetts aeronautics commission, subject to regulations of said commission regarding matching fund requirements, so-called; and, provided further, that said commission shall ensure that all projects funded from this item are coordinated with the appropriate regional planning agency so as to ensure the development of a coordinated intermodal transportation system `tc6 $56,300,000 `tcol;end

SECTION 2J. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Executive Office. `tc1 6005-1962 `tc4 For the extension of commuter rail service to New Bedford and Fall River via the Middleborough branch of the Old Colony line; provided, that the Massachusetts Bay Transportation Authority shall submit to the joint committee on transportation, not later than six months after the effective date of this act, a report detailing all viable alternatives for extending commuter rail service to New Bedford and Fall River, including, but not limited to, the Attleboro route, so-called, and the Stoughton route, so-called; provided further, that such report shall include, but not be limited to, the cost of the project for each alternative, the projected ridership for each alternative, the proposed number of trips for each alternative, the environmental impacts associated with each alternative, the impact on public safety of each alternative, the number of grade crossings for each alternative; and provided further, that the southeastern regional planning and economic development agency shall be consulted in the development of said report `tc6 $136,000,000 `tc1 6005-1963 `tc4 For the purchase, long-term lease and rehabilitation of commuter rail rolling stock; provided, that the Massachusetts Bay Transportation Authority is authorized and directed to purchase one self-powered, diesel rail car for the purpose of studying the feasibility of increasing the frequency of commuter rail service on the north shore; provided further, that the authority shall report the results of said study, including, but not limited to, performance efficiency, economic impact, and environmental impact to the house and senate committees on ways and means and to the joint committee on transportation within one year of the effective date of this act `tc6 $99,500,000 `tc1 6005-1964 `tc4 For the modernization of blue line stations; provided, that five hundred thousand dollars shall be expended for the study and design of a commuter rail/blue line connector; provided further, that said study shall include a cost projection for a people mover, so-called, as an interim means of connecting the commuter rail to the blue line; provided further, that said study shall be completed within six months of the effective date of this act and shall be filed with the joint committee on transportation and the house and senate committees on ways and means `tc6 $100,000,000 `tc1 6005-1966 `tc4 For the construction of a commuter rail station on the Old Colony railroad line at the JFK/UMass station in the Dorchester section of the city of Boston `tc6 $3,500,000 `tc1 6005-9680 `tc4 For transit infrastructure, including construction, rehabilitation and expansion of shops and carhouses, commuter rail improvements, subway structural and ventilation improvements, systemwide track, power and bridge improvements, station expansion, modernization and rehabilitation, plant and facility improvements, and material and equipment procurements; provided, that one million eight hundred thousand dollars shall be expended for the removal of A line tracks, so-called, in the city of Newton; provided further, that two million seven hundred thousand dollars shall be expended for the study, design and construction of a bi-level parking garage at the Winchester commuter rail station in the town of Winchester; provided further, that not less than four million dollars shall be expended for the study, design, construction, and property takings relative to the construction of a regional commuter parking facility at the New Hampshire commuter rail line located in the town of Wilmington commencing at state highway route 62 and running north on the westerly side of state highway route 38; provided further, that four hundred thousand dollars shall be expended for grade crossing improvements to the Forest street intersection in the town of Wakefield; provided further, that fifty thousand dollars shall be expended for the reconstruction of Allied drive in the town of Dedham; provided further that fifty thousand dollars shall be expended for sandblasting the Walcott square railroad bridge in the town of Readville; provided further, that five million dollars shall be expended for repairs and improvements to the Adams street and Medway street bridges, so-called, in the Dorchester section of the city of Boston; provided further, that five thousand dollars shall be expended for the construction of a bus shelter in the town of Norwood; and provided further, that the authority shall continue its blue line sound proofing program `tc6 $44,005,000 `tc1 6005-9684 `tc4 For prototype development and research of mass producing transit buses powered by non-polluting sources, including solar energy; provided, that one hundred thousand dollars shall be expended for a feasibility study to produce transit buses powered by non-polluting sources; and, provided further, that the remaining funds authorized herein shall not be expended prior to the submission of said study and accompanying recommendations to the house and senate committees on ways and means and the joint committee on transportation `tc6 $1,000,000 `tc1 6005-9685 `tc4 For the light rail vehicle service project, so-called, along the Washington street corridor, so-called, in the city of Boston; provided, that funds authorized herein shall be in addition to any funds previously authorized for this purpose `tc6 $65,000,000 `tc1 6005-9686 `tc4 For an independently commissioned feasibility study of a commuter rail stop on the Framingham line in the Allston-Brighton section of the city of Boston; provided, that said study shall be submitted to the joint committee on transportation and the house and senate committees on ways and means not later than June thirtieth, nineteen hundred and ninety-seven `tc6 $50,000 `tcol;end

SECTION 2K. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1600-1966 `tc4 For the first phase of forward funding the Massachusetts Bay Transportation Authority pursuant to the plan filed by the commission to review the financing of said authority pursuant to the provisions of section one hundred and one of this act; provided, that the borrowing of funds authorized herein shall be structured so that debt service on such borrowing shall not exceed twenty-five million dollars per year; provided further, that notwithstanding the provisions of any general or special law to the contrary, funds authorized herein shall not be available for expenditure prior to July first, nineteen hundred and ninety-seven `tc6 $250,000,000 `tcol;end

SECTION 3. To meet a portion of the expenditures necessary in carrying out the provisions of section two, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of three hundred million, three hundred forty-six thousand, five hundred dollars to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1996, and shall be issued for a maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund.

Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O of said chapter twenty-nine.

All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 1996 and shall be issued for a maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section two O of said chapter twenty-nine. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 4. To meet a portion of the expenditures necessary in carrying out the provisions of section two A, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of seven hundred sixty-one million, seven hundred twenty-six thousand, two hundred fifty dollars, to be in addition to those bonds previously authorized, for projects and programs which remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1996, and shall be issued for a maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund.

Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, however, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O of said chapter twenty-nine.

All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 1996 and shall be issued for a maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section two O of said chapter twenty-nine. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 5. To meet a portion of the expenditures necessary in carrying out the provisions of section two B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of twenty million three hundred thousand dollars, to be in addition to those bonds previously authorized, for projects and programs which remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1996, and shall be issued for a maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and six. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund.

Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, however, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O of said chapter twenty-nine.

All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 1996, and shall be issued for a maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and six. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section two O of said chapter twenty-nine. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 6. To meet a portion of the expenditures necessary in carrying out the provisions of section two C, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of twenty-five million five hundred thousand dollars, to be in addition to those bonds previously authorized, for projects and programs which remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1996, and shall be issued for a maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and six. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund.

Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, however, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O of said chapter twenty-nine.

All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 1996, and shall be issued for a maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and six. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section two O of said chapter twenty-nine. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 7. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by sections two, two A, two B, and two C and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth of Massachusetts, but the final maturities of the notes, whether original or renewal, shall not be later than June thirtieth, two thousand and three. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that the state treasurer may determine to issue any notes as special obligations pursuant to section two O of chapter twenty-nine of the General Laws if the notes, or renewals thereof, are to be paid from the proceeds of special obligation bonds to be issued pursuant to said section two O of said chapter twenty-nine. All payments on account of principal on the notes allocable to the Federal Highway Construction Program Fund shall be repaid from said fund.

SECTION 8. To meet the expenditures necessary in carrying out the provisions of section two D, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth, in an amount specified by the governor from time to time, but not exceeding in the aggregate, the sum of twenty million dollars. Bonds issued by the commonwealth as aforesaid shall be designated on their face, Regional Transit Authority Capital Assistance Loan, Act of 1996, and shall be issued for a maximum term of years, not exceeding ten years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all bonds shall be payable not later than June thirtieth, two thousand and eleven. All interest and payments on account of principal on such obligations shall be payable twenty percent from the Highway Fund, forty percent from the General Fund and forty percent from the Local Aid Fund.

SECTION 9. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section two D and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and three. Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be issued as special obligations pursuant to section two O of said chapter twenty-nine of the General Laws. Such notes or renewals thereof shall be paid from the proceeds of special obligations bonds to be issued pursuant to said section two O of said chapter twenty-nine.

SECTION 10. To meet the expenditures necessary to carry out the provisions of section two E, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of four million dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Intercity Bus Capital Assistance Program Loan, Act of 1996, and shall be issued for a maximum term of years not exceeding ten years as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand eleven. All interest and payments on account of principal of such obligations shall be payable from the Intercity Bus Capital Assistance Program Fund. Notwithstanding the foregoing, bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 11. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section two E and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand three. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 12. To meet the expenditures necessary in carrying out the provisions of section two F, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of five million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Intermodal Transportation Improvement Loan, Act of 1996, and shall be issued for a maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and six. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 13. To meet the expenditures necessary in carrying out the provisions of section two G, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of sixty-two million three hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Intermodal Transportation Improvement Loan, Act of 1996, and shall be issued for a maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 14. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by sections two F and two G and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and three. Notes and interest thereon issued under the authority of this section, shall be general obligations of the commonwealth.

SECTION 15. To meet the expenditures necessary in carrying out the provisions of section two H, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of fourteen million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Rail Transportation Loan, Act of 1996, and shall be issued for a maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 16. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section two H and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and three. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 17. To meet the expenditures necessary in carrying out the provisions of section two I, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of fifty-six million three hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Airport Capital Outlay, Act of 1996, and shall be issued for a maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 18. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section two I and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and three. Notes and interest thereon issued under the authority of this section, shall be general obligations of the commonwealth.

SECTION 19. Notwithstanding the provisions of section twenty-three of chapter one hundred and sixty-one A of the General Laws, the Massachusetts Bay Transportation Authority may issue bonds in the additional amount of four hundred forty-nine million fifty-five thousand dollars solely for the purposes of section two J.

SECTION 20. Notwithstanding the provisions of section twenty-eight of chapter one hundred and sixty-one A of the General Laws, the commonwealth may enter into contracts to provide assistance to the Massachusetts Bay Transportation Authority in the additional amount of four hundred four million one hundred forty-nine thousand five hundred dollars solely for the purposes authorized by section two J.

SECTION 21. To meet the expenditures necessary in carrying out the provisions of section two K, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth, in an amount specified by the governor from time to time, but not exceeding in the aggregate, the sum of two hundred and fifty million dollars. Bonds issued by the commonwealth as aforesaid shall be designated on their face, Massachusetts Bay Transportation Authority Reform Act of 1996, and shall be issued for a maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal on such obligations shall be payable twenty percent from the Highway Fund, forty percent from the General Fund and forty percent from the Local Aid Fund.

SECTION 22. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section two K and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and three.

SECTION 23. The state treasurer is hereby authorized and directed to transfer the sum of twenty million dollars to the water pollution abatement trust created pursuant to the provisions of section two of chapter twenty-nine C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund established pursuant to the provisions of section two L of chapter twenty-nine of the General Laws for application by the trust to the purposes specified in section five of said chapter twenty-nine C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act.

SECTION 24. To meet the expenditures necessary in carrying out the provisions of section twenty-three, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, not to exceed, in the aggregate, the sum of twenty million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Local Water Pollution Control Loan and Grant Assistance, Act of 1996, and shall be issued for a maximum term of years not to exceed twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal of such obligation shall be payable from the Local Aid Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 25. Chapter 29 of the General Laws is hereby amended by inserting after section 3A the following section:-

Section 3B. The Massachusetts Bay Transportation Authority and the several regional transit authorities shall annually, on or before September fifteenth, submit to the state budget director, the joint committee on transportation, the house and senate committees on ways and means, and the Massachusetts Bay Transportation Authority advisory board (1) statements showing planned expenditures for the current fiscal year and the subsequent fiscal year; provided, however, that said statements shall detail planned expenditures according to the expenditure classification plan promulgated by the state comptroller pursuant to the provisions of section twenty-seven and also by program; and (2) a statement detailing the number of full time equivalent employees of the authority for the current fiscal year and an estimate of the number of full time equivalent employees for the subsequent fiscal year. The state budget director and the state comptroller are hereby authorized and directed to establish such procedures as they deem necessary to implement and enforce the provisions of this section.

SECTION 26. Section 34 of chapter 90 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the first paragraph.

SECTION 27. Section 34 of said chapter 90, as so appearing, is hereby amended by adding after the word "purpose", in line 73, the following words:- ; provided, however, that such revenue shall be transferred in order to recover fringe benefit costs pursuant to section five D or subsection (f) of section six B of chapter twenty-nine.

SECTION 28. Said section 34 of said chapter 90, as so appearing, is hereby further amended by inserting after the word "purpose", in line 121, the following words:- ; provided, however, that such revenue shall be transferred in order to recover fringe benefit costs pursuant to section five D or subsection (f) of section six B of chapter twenty-nine.

SECTION 29. Paragraph (b) of section 34> of said chapter 90, as appearing in section 3 of chapter 102 of the acts of 1995, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Said plan shall provide for meeting not less than five percent annually of the estimated construction, reconstruction and repair needs of the public highways and bridges of the commonwealth, its counties, cities and towns, estimated as follows.

SECTION 30. Section 34 of chapter 161A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 15, the words:- railroad protective.

SECTION 31. Section 32 of chapter 637 of the acts of 1983 is hereby amended by striking out the first paragraph, as most recently amended by section 34 of chapter 273 of the acts of 1994, and inserting in place thereof the following paragraph:-

The commissioner of the department of highways, hereinafter called the commissioner, is hereby authorized to establish a program to assist towns with populations of three thousand five hundred or less undertaking projects to design, construct, reconstruct, widen, resurface, rehabilitate, and otherwise improve roads and bridges within the commonwealth or for the construction of chemical storage facilities. Such program shall provide grant funds to towns for projects authorized by this section. Towns shall be eligible to receive one grant every five years beginning July first, nineteen hundred ninety-two and the amount of such grant shall not exceed five hundred thousand dollars.

SECTION 32. The second paragraph of said section 32 of said chapter 637 is hereby amended by inserting after the first sentence the following three sentences:- Such rules and regulations shall include provisions for joint applications by two or more eligible towns for a single project serving such towns. Funds so distributed may be apportioned to reflect the percentage of said 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 one town shall not exceed the maximum allowed under the provisions of this act.

SECTION 33. The third paragraph of said section 32 of said chapter 637 is hereby amended by striking out the words "two thousand five", inserted by section 35 of chapter 273 of the acts of 1994, and inserting in place thereof the following words:- three thousand five.

SECTION 34. Item 4190-7883 of section 2D of chapter 199 of the acts of 1987 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For life safety code repairs and renovations, and for improvements to the kitchen area, including the cost of furnishings and equipment.

SECTION 35. Item 6033-9592 of section 2A of chapter 102 of the acts of 1994 is hereby amended by inserting after the word "ninety-four", in line 11, the following words:- ; provided, however, that not less than three million five hundred thousand dollars shall be used to provide grants to municipalities, including, but not limited to, Acton, Ashfield, Blandford, Boxborough, Chester, Chicopee, Conway, East Longmeadow, Greenfield, Haverhill, Leverett, Montague, Mount Washington, Northampton, Pepperell, Pittsfield, Southboro, Southbridge, Tolland, Topsfield, Tisbury, Wales, Washington, Westminster, Windsor, Worcester, Worthington; and, provided further, that the payments authorized herein shall be the final payments made by the commonwealth for the purposes of the grants authorized herein.

SECTION 36. Said item 6033-9592 of said section 2A of said chapter 102 is hereby further amended by striking out the figure "$2,700,000" and inserting in place thereof the following figure:- $6,200,000.

SECTION 37. Section 4 of said chapter 102 is hereby amended by striking out, in lines 4 and 5, the words "two hundred eighty-two million seven hundred ninety-four thousand five hundred eighty-four" and inserting in place thereof the following words:- two hundred eighty-six million two hundred ninety-four thousand five hundred eighty-four.

SECTION 38. Section 25 of said chapter 102 is hereby amended by striking out, in lines 3 to 5, inclusive, the words "; provided, that the Massachusetts Bay Transportation Authority shall not further extend or expand additional service of the commuter rail lines out of state without prior legislative authorization".

SECTION 39. Chapter 231 of the acts of 1994 is hereby amended by striking out section 8A, inserted by section 33 of chapter 39 of the acts of 1995, and inserting in place thereof the following section:-

Section 8A. Sections four and five shall be applicable to fiscal years beginning on or after July first, nineteen hundred and ninety-eight.

SECTION 40. Item 6033-9500 of section 2A of chapter 273 of the acts of 1994 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For public improvement projects by the department of highways, upon petition of the appropriate committee, board or other local governmental body, to mitigate any adverse economic impact to municipalities resulting from projects undertaken by the department; provided, that funding for any one such public improvement project shall not be in excess of two hundred fifty thousand dollars; provided further, that funds authorized under this section shall be expended solely for public improvement projects which result in the tangible enhancement and furtherance of the public economy, safety and general welfare; provided further, that notwithstanding the aforementioned funding limitation on individual projects, nothing in this item shall be construed to limit the number of eligible public improvement projects; provided further, that not more than one million five hundred thousand dollars shall be expended on projects relating to the state highway route 146/turnpike interchange project.

SECTION 41. Said item 6033-9500 of said section 2A of said chapter 273 is hereby further amended by striking out the figure "$1,500,000" and inserting in place thereof the following figure:- $3,000,000.

SECTION 42. Item 6033-9517 of said section 2A of said chapter 273, as most recently amended by section 28 of chapter 277 of the acts of 1995, is hereby further amended by striking out the words "from state highway route 3 in the town of Burlington" and inserting in place thereof the following words:- from or over state highway route 3 in the town of Burlington.

SECTION 43. Item 6033-9570 of said section 2A of said chapter 273 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For the department's contribution to the total capital costs associated with the design, construction and, if required, acquisition of rights in any land by lease, purchase or eminent domain taking, for implementation of the Industri-plex Regional Transportation Center, so-called, in the city of Woburn which shall provide approximately four hundred new spaces for a park-and-ride facility and any necessary appurtenant passenger shelters or other amenities for such park-and-ride facility; provided, that the study prepared by the Woburn redevelopment authority pursuant to subsection (a) of section eighty-six of this act recommends locating the Massachusetts Port Authority's park-and-ride facility at the Industri-plex site; provided further, that notwithstanding the conclusions of said study, for the department's reimbursement of the Massachusetts Port Authority for the department's share, being one-third, of the five hundred thousand dollars paid by the Massachusetts port authority pursuant to subsection (a) of section eighty-six of this act, for the preliminary design, environmental permitting and feasibility study; provided further, that funds authorized in this item shall be subject to the provisions of the first paragraph of sections six, seven and nine of chapter seven hundred and eighteen of the acts of nineteen hundred and fifty-six; provided further, that the inspector general shall study and examine the feasibility of relocating and operating the Massachusetts port authority's shuttle bus service to and from Logan International Airport known as the "Woburn Logan Express", from its current site at Mishawum commuter rail station or any other site to the Industri-plex Regional Transportation Center in said city of Woburn; including but not limited to, an analysis of the potential economic benefits of such relocation, the potential for increased ridership from such relocation and the appropriateness of the site itself; provided, further, that the inspector general shall file such study with the house and senate committees on ways and means and the joint committee on transportation; provided, further, that no funds shall be expended from this item for said Industri-plex site unless or until the attorney general certifies in writing to the comptroller that the commonwealth will not thereby undertake any significant risk of additional financial liability pursuant to any federal environmental statute, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC 9601, et seq; provided, further, that the amount of just compensation paid by the department of highways to acquire the rights in any land by eminent domain shall not exceed the approved appraisal of the fair market value of the property or one dollar, whichever is greater; provided further, that the amount of just compensation shall take into account and include, but not be limited to, the following: (i) the environmental condition of the property, and (ii), if applicable, the cost required to render any such property commercially usable in light of any contamination affecting such property; provided, further, that the department, its nominees, successors-in-interest, assigns, tenants, lessees, sublessees, licensees, transferees, and other assignees shall, in the event it, or its nominee, acquires any interest in the Industri-Plex site, be exempt from any and all liability to third parties and to the commonwealth that may be imposed under sections four, five and eleven of chapter twenty-one E of the General Laws for releases of oil or hazardous substances or material existing as of the date of the department's, or its nominee's, acquisition whichever occurs first of an interest in said Industri-Plex site, except for such liability, if any, that the department, its nominee, successors-in-interest, assigns, tenants, lessees, sublessees, licensees, transferees and other assignees, respectively, may have had at the Industri-Plex site prior to the date of such acquisition by the department or its nominees; provided, further, that the department shall comply with any and all restrictions and obligations imposed by the United States Environmental Protection Agency or by the department of environmental protection on the use of said Industri-plex site, including any "institutional controls", so-called, and nothing contained herein shall be construed to limit the enforceability of any such restrictions and obligations by the United States Environmental Protection Agency or by the commonwealth, including the department of environmental protection; provided, further, that thirty days prior to any such acquisition of rights in and land by lease, purchase or eminent domain, notice of said acquisition shall be filed for review with the inspector general; and provided, further, that solely in connection with the development of a regional transportation center at said Industri-plex site, as provided in this section, the actions taken by the department relative to the funding of certain additional remedial activities at said Industri-plex site, provided, that the scope of such actions is agreed upon by the department of environmental protection are hereby deemed to satisfy any and all requirements of subsection (j) of section three A of chapter twenty-one E of the General Laws and any regulations, policy statements, and guidances promulgated or published thereunder; provided further, that notwithstanding any provisions to the contrary, any exemption from liability provided for in this section shall be limited to releases existing at the Industri-plex site as of the date of the acquisition of an interest in said Industri-plex site by the department or its nominee, whichever occurs first, and shall not bar enforcement or claims against any entity for any act by such entity that is determined to have exacerbated such existing releases; provided further, that notwithstanding any general or special law to the contrary, the department is hereby authorized to participate in the development of the Industri-plex Regional Transportation Center as a joint venture partner of the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority; and, provided further, the Massachusetts port authority and the Massachusetts Bay Transportation Authority are hereby authorized to enter such joint venture partnership with each other and with the department; provided further, that said joint venture partnership is authorized to acquire interests in land by forming a nominee trust to hold title to the land on behalf of the joint venture partnership; provided further, that the department, the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority are hereby authorized to execute such agreements as may be necessary to effect such participation; and, provided further, that relative to the department's participation in the Industri-plex Regional Transportation Center, the department is hereby authorized to advance to said joint venture partnership, without prior expenditure by said joint venture partnership, such monies, in whole or in part, as have been made available to the department for the Industri-plex Regional Transportation Center and which are necessary to carry out the aforesaid agreements, provided the department certifies to the comptroller the amount so advanced and that all such monies so advanced but not expended under the agreement shall be credited back to the account of the department.

SECTION 44. Item 6001-9510 of section 2D of said chapter 273 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For design, environmental review, permitting, and construction of excavation support slurry walls related to elements of the central artery project necessary to facilitate the construction of a rail link connecting the north station transportation center and the south station transportation center, each located in the city of Boston; provided, that no funds shall be expended from this item for the construction of the rail link until the federal government agrees to contribute an amount equal to or greater than eighty-five percent of the total cost of said project; provided further, that no federal highway or transit funding authorized in the Intermodal Surface Transportation Efficiency Act of 1991 P.L. 102-240 shall be used for the purposes of this item; provided further, that nothing in this item shall preclude the use of funding contained herein to complete twenty-five percent of the design of said project; provided further, that a report shall be filed with the house and senate committees on ways and means and the joint committee on transportation, detailing the overall costs of this project, a projected time frame for each phase through construction, economic and regional benefits and a funding plan, prior to the commencement of any construction; and, provided further, that construction of said project, beyond the element authorized in this act, shall not commence until additional authorizations are provided by the general court.

SECTION 45. Item 6005-9545 of section 2H of said chapter 273 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For possible construction along the Greenbush line of the Old Colony Rail Road, so-called, of a tunnel under Hingham Center, or for other uses for the Old Colony Rail Restoration Project; provided, that funds authorized herein may constitute the state's share for said project.

SECTION 46. Item 6005-9570 of said section 2H of said chapter 273 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For environmental remediation for compliance with federal and state requirements on property owned by the authority, including the remediation of underground storage tanks, contaminated sites, sewage and septic discharges, water, wetlands and waterways, hazardous waste, air quality, solid waste, noise, lead and asbestos; provided, however, that not more than three million three hundred thousand dollars may be expended as the authority's share of the cost to design and construct a regional transportation center at the Industri-plex Superfund site in the city of Woburn, including new commuter rail facilities for approximately eleven hundred vehicles, which facilities may be built as part of the EPA-approved Superfund remedy for the site and thereby ensure full compliance with all environmental laws including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), governing the remedial action required by the authority as a named responsible party for this site; provided further, that these funds shall not include any other expenditures not directly related to the regional transportation center that may otherwise be required by the authority to comply with Superfund laws at the Industri-plex site; provided, further, that the inspector general shall study and examine the feasibility of relocating and operating the Massachusetts port authority's shuttle bus service to and from Logan International Airport, known as the "Woburn Logan Express", from its current site at Mishawum commuter rail station or any other site to the Industri-plex Regional Transportation Center in the city of Woburn; including but not limited to, an analysis of the potential economic benefits of such relocation, the potential for increased ridership from such relocation and the appropriateness of the site itself; provided, further, that the inspector general shall file such study with the house and senate committees on ways and means and the joint committee on transportation; provided further, that the authority, its nominees, successors-in-interest, assigns, tenants, lessees, sublessees, licensees, transferees, and other assignees shall, in the event it or its nominee acquires any interest in the Industri- Plex site, be exempt from any and all liability to third parties and to the commonwealth that may be imposed under sections four, five and eleven of chapter twenty-one E of the General Laws for releases of oil or hazardous substances or material existing as of the date of the authority's or its nominee's acquisition, whichever occurs first, of an interest in said Industri-Plex site, except for such liability, if any, that the authority, its nominee, successors-in-interest, assigns, tenants, lessees, sublessees, licensees, transferees and other assignees, respectively, may have had at the Industri-Plex site prior to the date of such acquisition by the authority or its nominee; provided further, the authority shall comply with any and all restrictions and obligations imposed by the United States Environmental Protection Agency or by the department of environmental protection on the use of the Industri-plex site including any "institutional controls", so-called, and nothing contained herein shall be construed to limit the enforceability of any such restrictions and obligations by the United States Environmental Protection Agency or by the commonwealth, including the department of environmental protection; provided further, that no funds shall be expended from this item for the Industri-plex site unless or until the attorney general certifies in writing to the comptroller that the commonwealth will not thereby undertake any significant risk of additional financial liability pursuant to any federal environmental statute, including CERCLA, 42 USCA 9601, et seq.; and provided, further, that solely in connection with the development of a regional transportation center at said Industri-plex site, as discussed in this section, the actions taken by the authority relative to the funding of certain additional remedial activities at said Industri-plex site provided the scope of such actions is agreed upon by the department of environmental protection are hereby deemed to satisfy any and all requirements of subsection (j) of section three A of chapter twenty-one E of the General Laws and any regulations, policy statements, and guidances promulgated or published thereunder; provided further, that notwithstanding any provisions to the contrary, any exemption from liability provided for in this section shall be limited to releases existing at the Industri-plex site as of the date of the acquisition of an interest in said Industri-plex site by the authority or its nominee, whichever occurs first, and shall not bar enforcement or claims against any entity for any act by such entity that is determined to have exacerbated such existing releases.

SECTION 47. Section 4 of said chapter 273 is hereby amended by striking out, in lines 4 and 5, the words "two hundred sixty-one million six hundred thirty-six thousand nine hundred fifty-eight dollars" and inserting in place thereof the following words:- two hundred sixty-three million, one hundred thirty-six thousand, nine hundred fifty-eight dollars.

SECTION 48. Said chapter 273 is hereby further amended by striking out section 71 and inserting in place thereof the following section:-

Section 71. (1) The executive office of transportation and construction, hereinafter in this section referred to as the office, and the Massachusetts Turnpike Authority, hereafter in this section referred to as the authority, are hereby authorized and directed to identify information regarding, and to gather samples of, existing and emerging products, materials, and technologies designed and produced to increase the use of certain recyclable materials in their road and bridge construction projects. The office and the authority shall gather, compile, and analyze the results from the commonwealth and other states in the following subject areas:

(a) current uses of recyclable materials in construction projects;

(b) studies and demonstration projects regarding the use of recyclable materials; and

(c) existing and proposed germane statutes, regulations, and specifications regarding the use of recyclable materials.

(2) The office and the authority shall review and revise existing bid procedures and specifications for the purchase or use of products and materials to eliminate any procedures or specifications that explicitly discriminate against products and materials with recycled content, except where such procedures and specifications are necessary to protect the health, safety, and welfare of the people of the commonwealth.

(3) The office and the authority shall review and revise their bid procedures and specifications periodically to encourage the use of products and materials with recycled content that meet minimum performance requirements, and shall, in developing new procedures, special provisions, or addenda as applicable, encourage the use of products and materials with recycled content.

(4) The office and the authority, in cooperation with the department of procurement and general services, shall adopt policies, specifications, and regulations to encourage its contractors to use and track, monitor and record products and materials with recycled content, whether or not those products and materials, or both, will become the property of the commonwealth.

(5) The office shall continuously update its survey and research on the use of recyclable materials and developments in the use of recycled materials in highway and road construction in other states.

(6) The office and the authority shall, in cooperation with the executive office of environmental affairs and the university of Massachusetts or an appropriate contractor, evaluate and assess, for a period not to exceed ten years, the use of recycled materials in road and highway projects, including but not limited to field tests. The office and the authority shall disseminate information concerning the use of recycled materials to state, district and municipal officials and to road and highway contractors, through media including but not limited to workshops, seminars, conferences, publications and public documents.

(7) The office and the authority, in cooperation with the executive office of environmental affairs, the department of procurement and general services and the executive office of economic affairs, shall promote and facilitate the transfer of technology used to incorporate recycled materials in road and highway projects to state, district and local road and highway officials and contractors.

(8) (a) The office and the authority, in cooperation with the department of procurement and general services, the executive office of environmental affairs, and the executive office of economic affairs shall prepare a report pursuant to the reporting requirements of this section. Such report shall also include a summary and details of accomplishments and of short term and long term implementation plans. Such report shall be submitted as part of the pollution prevention plan required pursuant to executive order 350. In the event that the pollution prevention plan is not prepared on an annual basis, the office and the authority shall prepare and submit its report on an annual basis.

(b) Beginning in nineteen hundred and ninety-eight, the office and the authority shall report on the volume of recycled material used in highway and roadway construction projects in the commonwealth.

(c) The office and the authority shall file the report required pursuant to this section with the house and senate committees on ways and means, the joint committee on transportation and the joint committee on natural resources and agriculture.

(9) All agencies shall cooperate with the office in carrying out the provisions of this section.

SECTION 49. Subsection (a) of section 86 of said chapter 273 is hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i) the preliminary design of an Industri-plex regional transportation center to be located in Woburn on land commonly known as the Woburn Industri-plex site, with such center, including Massachusetts bay transportation authority commuter rail service and related facilities, including new parking spaces for approximately eleven hundred vehicles, a department of highways park-and-ride facility for approximately four hundred vehicles and related high occupancy vehicle commuter facilities, and parking facilities for approximately nine hundred vehicles, passenger shelters and amenities and related support facilities in connection with shuttle bus service to and from General Edward Lawrence Logan International Airport,.

SECTION 50. Said section 86 of said chapter 273 is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) The port authority, its nominees, successors-in-interest, assigns, tenants, lessees, sublessees, licensees, transferees, and other assignees shall, in the event it or its nominee acquires any interest in the Industri-Plex site, be exempt from any and all liability to third parties and to the commonwealth that may be imposed under sections, four, five and eleven of chapter twenty-one E of the General Laws for releases of oil or hazardous substances or material existing as of the date of the port authority's or its nominee's acquisition, whichever occurs first, of an interest in said Industri-Plex site, except for such liability, if any, that the port authority, its nominees, successors-in-interest, assigns, tenants, lessees, sublessees, licensees, transferees and other assignees, respectively, may have had at the Industri-Plex site prior to the date of such acquisition by the authority or its nominee; provided further, that the port authority shall comply with any and all restrictions and obligations imposed by the United States Environmental Protection Agency or the department of environmental protection on the use of the Industri-plex site; including any "institutional controls", so-called, and nothing contained herein shall be construed to limit the enforceability of any such restrictions and obligations by the United States Environmental Protection Agency or by the commonwealth, including the department of environmental protection; provided further, that solely in connection with the development of a regional transportation center at the Industri-plex site, as provided in this section, the actions taken by the port authority, its nominee, successors in interest, assigns, tenants, lessees, sublessees, licensees, transferees, and other assignees relative to the funding of certain additional remedial activities at said Industri-plex site, provided the scope of such actions is agreed upon by the department of environmental protection are hereby deemed to satisfy any and all requirements of subsection (j) of section three A of chapter twenty-one E of the General Laws and any regulations, policy statements, and guidances promulgated or published thereunder; provided further, that notwithstanding any provisions to the contrary, any exemption from liability provided for in this section shall be limited to releases existing at the Industri-plex site as of the date of the acquisition of an interest in said Industri-plex site by the port authority or its nominee, whichever occurs first, and shall not bar enforcement or claims against any entity for any act by such entity that is determined to have exacerbated such existing releases.

SECTION 51. Subsection (d) of said section 86 of said chapter 273 is hereby amended by inserting after the word "any", in line 3, the first time it appears, the following words:- significant risk of.

SECTION 52. Clause (e) of section 7 of chapter 325 of the acts of 1994, as appearing in section 10 of chapter 79 of the acts of 1995, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- To contract with the university and any other persons or entities, public or private, with respect to the use and occupancy by the university or such persons or entities by lease, rental or otherwise, of all or any portion of the civic arena and civic stadium under such terms and conditions, for such fees, rentals or other charges, and for such period, not exceeding ten years, as the commission shall deem in the best interest of the city, except that a contract with the university for university use may be for a period in excess of ten years.

SECTION 53. Section 8 of said chapter 325, as appearing in section 11 of said chapter 79, is hereby further amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-

(a) The commission is hereby authorized to maintain and operate a civic arena and civic stadium or to contract with the university or to contract with any person acting jointly with the university or any other person, public or private, for the maintenance and operation of the civic arena and civic stadium or any portion thereof, provided, however, that any such contract shall not exceed a term of ten years and shall be subject to the limitations and procedures established by section twenty-nine of chapter forty-three of the General Laws.

SECTION 54. Section 23 of chapter 102 of the acts of 1995 is hereby amended by striking out the seventh paragraph, as amended by section 2 of chapter 273 of the acts of 1995, and inserting in place thereof the following paragraph:-

Said Boston Redevelopment Authority, said Boston transportation department and said authority shall submit a copy of a final report to the chairmen of the house and senate committees on ways and means and the chairmen of the joint committee on transportation on or before January first, nineteen hundred and ninety-seven, and shall file said report with the clerk of the house of representatives.

SECTION 55. Section 2 of chapter 267 of the acts of 1995 is hereby amended by inserting before item 1102-0961 the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 1102-0960 `tc4 For the purpose of establishing and constructing a civic stadium as defined in section two of chapter three hundred and twenty-five of the acts of nineteen hundred and ninety-four, pursuant to said chapter three hundred and twenty-five; provided, however, that no funds shall be expended from this item until a comprehensive plan for said civic stadium is submitted to the house and senate committees on ways and means, and the city of Lowell shall have appropriated not less than two million dollars for this purpose, including improvements to the Alumni Field to accommodate professional baseball prior to the completion of the civic stadium; provided further, that, notwithstanding the provisions of any general or special law to the contrary, the university of Massachusetts shall not be required to pay a fee or charge of any kind for the use of any stadium or arena constructed with funds authorized herein `tc6 $8,000,000 `tcol;end

SECTION 56. Section 3 of said chapter 267 is hereby amended by striking out the words "six hundred seventeen million, six hundred and eighty-three thousand, nine hundred eleven dollars" and inserting in place thereof the words:- six hundred twenty-five million, six hundred and eighty-three thousand, nine hundred eleven dollars.

SECTION 57. Item 2120-8964 of section 2 of chapter 15 of the acts of 1996 is hereby amended by inserting after the words "Maudsley Park;" the following words:- provided, that not more than one million six hundred thousand dollars be expended for the rehabilitation and reconstruction of the Ellis Pond dam immediately adjacent to state highway route 1A in the town of Norwood for the purpose of protecting the roadways, road fixtures, and residential structures on said state highway route 1A within the vicinity of said dam.

SECTION 58. Item 2000-6966 of section 2 of chapter 28 of the acts of 1996 is hereby amended by striking out the words "a matching contribution of twenty-five percent" and inserting in place thereof the following words:- a matching contribution of twenty percent.

SECTION 59. Section 2 of chapter 113 of the acts of 1996 is hereby amended by striking out item number "6033-1961" and inserting in place thereof the following item number:- 6036-9615.

SECTION 60. Said section 2 of said chapter 113 is hereby further amended by striking out item number "6033-1962" in the second item and inserting in place thereof the following item number:- 6036-9616.

SECTION 61. Section 2A of said chapter 113 is hereby amended by striking out item number "6033-1963" and inserting in place thereof the following item number:- 6036-9617.

SECTION 62. Said section 2A of said chapter 113 is hereby further amended by striking out item number "6033-1967" in the second item and inserting in place thereof the following item number:- 6036-9669.

SECTION 63. Said section 2A of said chapter 113 is hereby further amended by striking out item number "6033-1969" in the third item and inserting in place thereof the following item number:- 6036-9698.

SECTION 64. The first sentence of section 9 of said chapter 113 is hereby amended by striking out item number "6033-1969" and inserting in place thereof the following item number:- 6036-9698.

SECTION 65. The last sentence of section 12 of said chapter 113 is hereby amended by striking out item number "6033-1967" and inserting in place thereof the following item number:- 6036-9669.

SECTION 66. Section 15 of said chapter 113 is hereby amended by striking out the item number "6033-1969" and inserting in place thereof the following item number:- 6036-9698.

SECTION 67. The department of highways, hereinafter called the department, is hereby authorized and directed to expend the sums authorized in section two for the following purposes:

Projects for the laying out, construction, reconstruction, resurfacing, relocation or necessary or beneficial improvement of highways, bridges, bicycle paths or facilities, on-street bicycle projects and sidewalks, telecommunications, parking facilities, auto-restricted zones, scenic easements, grade crossing eliminations and alterations of other crossings, traffic safety devices on state highways and on roads constructed under the provisions of section thirty-four of chapter ninety of the General Laws, highway or mass transportation studies including, but not limited to, traffic, environmental or parking studies, the establishment of school zones in accordance with section two of chapter eighty-five, improvements on routes not designated as state highways without assumption of maintenance responsibilities and, notwithstanding the provisions of any general or special law to the contrary, projects to alleviate contamination of public and private water supplies caused by the department's storage and use of snow removal chemicals which are necessary for the purposes of highway safety, and for the relocation of persons or businesses, or replacement of dwellings or structures including, but not limited to, the provision of last resort housing under federal law and such functional replacement of structures in public ownership as may be necessary for the foregoing purposes and for relocation benefits to the extent necessary to satisfy the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act, 42 USC 4601 et seq., PL 90-646, and to sell any structure the title to which has been acquired for highway purposes. When dwellings or other structures are removed, in furtherance of any of the foregoing projects, the excavations or cellar holes remaining shall be filled in and brought to grade within one month after such removal. In planning projects funded by section two, consideration shall be made to accommodate and incorporate provisions to facilitate the use of bicycles and walking as a means of transportation; provided, that nothing herein shall give rise to enforceable legal rights in any party or a cause of action or an enforceable entitlement as to the projects provided herein; and provided, further, that nothing stated herein shall be construed as to giving rise to such enforceable legal rights in any party or a cause of action or an such enforceable entitlement as to the projects provided herein.

Funds authorized by section two shall, except as otherwise specifically provided in this act, be subject to the provisions of the first paragraph of section six and sections seven and nine of chapter seven hundred and eighteen of the acts of nineteen hundred and fifty-six and, notwithstanding the provisions of any general or special law to the contrary, may be used for the purposes stated in this act in conjunction with funds of cities, towns, and any political subdivision of the commonwealth.

Notwithstanding the provisions of sections thirty-eight C, forty A and forty B of chapter seven of the General Laws, the department shall have jurisdiction over the selection of designers performing design services in connection with the ventilation of buildings, utility facilities and toll booths to be constructed as part of the central artery/third harbor tunnel project, and shall construct, control, supervise or contract said structures; provided, however, that no construction or contractual agreement for construction shall begin prior to the review and approval of the inspector general. The inspector general shall file with the house and senate committees on ways and means and the joint committee on transportation all notices of approval for projects undertaken pursuant to the provisions of this paragraph.

In addition to the foregoing, the department is further authorized:

(1) to expend funds made available by this act to acquire from any person, land or rights in land by lease, purchase or eminent domain under the provisions of chapter seventy-nine of the General Laws, or otherwise for parking facilities adjacent to any public way, to be operated by the department or under contract with any person;

(2) to expend funds made available by this act for the acquisition of van-type vehicles used for multi-passenger, commuter-driven carpools and high occupancy vehicles including, but not limited to, water shuttles and water taxis; and

(3) in accordance with all applicable state and federal law, and regulations, to exercise all powers and do all things necessary and convenient to carry out the purposes of this act.

In carrying out the provisions of this section, the department may enter into contracts or agreements with cities to mitigate the impacts of projects undertaken pursuant to this act and to undertake additional transportation measures within such cities, and may enter into such contracts or agreements with other state, local or regional public agencies, authorities, or political subdivisions as may be necessary to implement such city agreements. Cities and other state, local or regional public agencies, authorities or political subdivisions are hereby granted the authority to enter into such contracts or agreements with the department. In relation to such agreements the department is hereby authorized to and may advance to such agencies or authorities without prior expenditure by such agencies or authorities, monies necessary to carry out such agreements; provided however, that the department certifies to the comptroller the amount so advanced; and, provided further, that all monies not expended under such agreement shall be credited to the account of the department from which it was advanced.

SECTION 68. In carrying out the provisions of sections two to two C, inclusive, the department of highways may enter into such contracts or agreements as may be appropriate with other state, local or regional public agencies or authorities. In relation to such agreements between the department and other state agencies or authorities, the department is hereby authorized to advance monies to such agencies or authorities, without prior expenditure by such agencies or authorities, and such agencies and authorities are hereby authorized to accept monies necessary to carry out such agreements; provided, however, that the department shall certify to the comptroller the amounts so advanced; provided further, that such agreements shall contain provisions satisfactory to the department for the accounting of such monies as expended by such agency or authority; and, provided further, that all monies not expended under such agreement shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means any transfers completed pursuant to the provisions of this section.

SECTION 69. All sums expended either pursuant to this act or for which reimbursement is made under this act for the purpose of acquiring, constructing, or altering public transportation passenger vehicles or facilities, shall be expended in accordance with the provisions of 42 USC 12141 to 12150, inclusive.

SECTION 70. Notwithstanding the provisions of any general or special law to the contrary, the department of highways, hereinafter referred to as the department, is hereby authorized and directed to take all necessary actions to secure federal highway or mass transportation assistance which is or may become available to the department including, but not limited to, actions authorized under or in compliance with the provision of title 23 of the United States Code and section one hundred and forty-five of the Surface Transportation and Uniform Relocation Assistance Act of 1982, PL 97-424, the Surface Transportation and Uniform Relocation Act of 1987, PL 10-17, the Intermodal Surface Transportation Efficiency Act of 1991, PL 102-240, and actions such as filing applications for federal assistance, supervising the expenditure of funds under federal grants or other assistance agreements, and making any determinations and certifications necessary or appropriate to the foregoing. 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 department of highways, such other department, agency or instrumentality is hereby authorized and directed to take such action.

In furtherance of the foregoing purposes, the department, as appropriate, shall apply for and accept any federal funds available for projects authorized in section two, and such federal funds, when received, shall be credited to the Federal Highway Construction Program Fund. To meet a portion of the expenditures authorized by section two, there is hereby appropriated to the Federal Highway Construction Program Fund a sum of one billion one hundred thirty million seven hundred twenty-eight thousand five hundred dollars which shall be expended, subject to the limitations contained in Article LXXVIII of the Amendments to the Constitution of the Commonwealth and which shall be in addition to the amounts appropriated in section one of chapter fifteen of the acts of nineteen hundred and eighty-eight, section one of chapter thirty-three of the acts of nineteen hundred and ninety-one, section two of chapter one hundred and two of the acts of nineteen hundred and ninety-four, section two of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-four and section two of chapter one hundred and thirteen of the acts of nineteen hundred and ninety-six.

SECTION 71. The department of highways, hereinafter referred to as the department, may provide functional replacement of real property in public ownership whenever the department has acquired such property in whole or in part under the provisions of this act or 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 department determines such functional replacement is necessary and in the public interest. For purposes of this section, the words "functional replacement" shall mean the replacement, pursuant to the provisions of chapter seven of the General Laws including sections forty F and forty F>, requiring authorization of the general court prior to disposition of real property, including either land or facilities thereon, or both, which shall provide equivalent utility and the words "real property in public ownership" shall mean any and all present and 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 seven.

Whenever the department determines it is necessary that any utility or utility facility, as defined under federal law, shall be relocated because of construction of a project which is to be reimbursed federally, in whole or in part, then such facilities shall be relocated by the department or by the owner thereof in accordance with an order from the department; provided, however, that the commonwealth may reimburse the owner of such utility or utility facility for the cost of relocation; provided further, that any relocation of facilities carried out under this section which is not performed by employees of the owner shall be subject to the provisions of section twenty-seven of chapter one hundred forty-nine of the General Laws.

Notwithstanding the provisions of 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 said project.

SECTION 72. Notwithstanding the provisions of any general or special law to the contrary, the provisions of section sixty-one and sections sixty-two A to sixty-two H, inclusive, of chapter thirty of the General Laws and chapter ninety-one of the General Laws and section forty of chapter one hundred and thirty-one of the General Laws shall not apply to bridge projects of the department authorized under this act for the repair, reconstruction, replacement or demolition of existing state highway bridges and other bridges, including the immediate roadway approaches necessary to connect said bridges to the existing adjacent highway system, in which the design is substantially the functional equivalent of, and in similar alignment to, the structure to be reconstructed or replaced; provided, that notwithstanding the foregoing, the provisions of said section sixty-one and sections sixty-two A to sixty-two H, inclusive, of said chapter thirty and said chapter ninety-one and said section forty of chapter one hundred and thirty-one shall apply to any portions of the bridge and roadway approaches to the crossing of the Charles River for the central artery/third harbor tunnel project; provided further, that in the case of any state highway or other bridge crossing over a railroad right-of-way or railroad tracks, the department shall seek the opinion of any railroad company, railway company, or its assigns operating on said track of a necessary clearance between said track and the state highway bridge; provided, however, said clearance shall be at the discretion of the department; provided further, that the department, its agents or contractors may enter upon any right-of-way, land or premises of a railroad company or railway company or its assigns for such purposes as the department may deem necessary or convenient to carry out the provisions of this act; provided further, that if a flagman is needed to carry out the provisions of this act, the railroad company, railway company, or its assigns shall provide such flagman. For the purposes of this section and item 6033-9669 of section two A, the word "bridge" shall include any structure spanning and providing passage over water, railroad right-of-way, public or private way, other vehicular facility or other area.

SECTION 73. Notwithstanding the provisions of any general or special law to the contrary, operating expenditures for the fiscal year ending June thirtieth, nineteen hundred and ninety-six of a regional transit authority not operating for a full year during fiscal year nineteen hundred and ninety-five may exceed one hundred and three percent of its operating expenditure for the fiscal year ending June thirtieth, nineteen hundred and ninety-five.

SECTION 74. No payment in excess of one hundred seventy-five thousand dollars by way of purchase of real estate or any interest therein shall be made by the department of highways and no settlement in excess of one hundred seventy-five thousand dollars or in excess of the amount recommended by the real estate review board established by section six of chapter seven hundred eighteen of the acts of nineteen hundred fifty-six shall be made out of court for damages recoverable under chapter seventy-nine of the General Laws, by reason of a purchase or taking under this act. Each recommendation of the real estate review board shall be in writing and shall be accompanied by a written statement of the reasons for such recommendation.

No settlement by reason of taking under this act in excess of one hundred seventy-five thousand dollars or in excess of the recommendation of the real estate review board shall be made by agreement of the parties during or after trial except with the written approval of the court; provided, however, that settlements in excess of the recommendation of the board may be made without such approval if the settlement does not exceed the amount of any verdict or finding which has been rendered, together with interest and costs.

SECTION 75. As used in this section the following words shall have the following meanings:-

"Minority", a person with permanent residence in the United States who is Black, Portuguese, Western Hemisphere Hispanic, Asian, Native American or Cape Verdean.

"Minority business enterprise", an individual, business organization or nonprofit corporation which is certified as a minority business enterprise, as defined in section forty of chapter twenty-three A of the General Laws and all applicable regulations by the state office of minority and women business assistance established pursuant to section forty-one of said chapter twenty-three A.

"Women business enterprise", any individual, business organization or nonprofit corporation which is certified as a women business enterprise as defined in section forty of said chapter twenty-three A and all applicable regulations by the state office of minority and women business assistance established pursuant to section forty-one of said chapter twenty-three A.

Each agency, commission, authority and political subdivision authorized to make expenditures pursuant to the provisions of this act, shall establish a narrowly tailored affirmative action program for minority and women business enterprises designed to ensure that certified minority and women-owned businesses are awarded contracts to perform such services consistent with their availability. Affirmative market programs established pursuant to this act may include race-conscious contracting preferences when necessary to accomplish remedial goals.

The secretary of each agency or commission and the executive officer of each authority or political subdivision authorized to make expenditures under the provisions of this act shall monitor the implementation of this section to ensure that the best efforts of each agency, commission and authority are utilized in the implementation of this section. Each agency, commission or authority authorized to make expenditures under the provisions of this act shall provide written annual reports to its respective secretary and, in the case of a political subdivision, said annual reports shall be filed with the office granting or otherwise providing funds authorized in this act, detailing the number of contracts entered into, the dollar value of each contract, the number of contracts entered into with minority and women business enterprises, and the dollar value of each contract entered into with minority and women business enterprises.

Notwithstanding the provisions of any general or special law to the contrary, each executive office, agency, commission, authority or political subdivision may initiate certification of minority and women business enterprises in a manner consistent with the rules and regulations promulgated by the state office of minority and women business assistance. If an executive office, agency, commission, authority or political subdivision makes a referral that a business may be a minority or women business enterprise, such referral, together with supporting documentation and a letter indicating the intent of the executive office, agency, commission, authority or political subdivision to contrast with the business, shall be sent to said state office, which shall approve or disapprove said business within thirty business days. Upon the certification of a business as a minority or women business enterprise by said state office of minority and women business assistance, such certification shall be effective for all executive offices and agencies for the purposes of this section.

There is hereby established a special commission to consist of three members of the house of representatives, and three members of the senate to review and evaluate the policies, programs and practices of each executive office, agency, commission, authority and political subdivision established in connection with minority and women business enterprises. The programs and policies to be reviewed shall include but not be limited to those established in connection with affirmative market programs to ensure that such programs include race and gender contracting preferences consistent with the provisions of sections thirty-nine to forty-four, inclusive, of chapter twenty-three A of the General Laws.

Said special commission is hereby authorized to consult with such persons, organizations, experts and interested parties as it deems necessary to facilitate its examination. Said special commission shall report its findings to the clerks of the senate and house of representatives not later than March first, nineteen hundred and ninety-seven.

The provisions of this section shall apply to this act and to chapter one hundred thirteen of the acts of nineteen hundred and ninety-six.

SECTION 76. Notwithstanding the provisions of sections thirty-eight C, forty A and forty B of chapter seven of the General Laws, the department of highways shall have jurisdiction over the selection of designers performing design services in connection with the construction of tourist information and sanitary buildings, and shall construct, control, supervise or contract such buildings; provided, however, that this section shall not apply to the construction of such buildings estimated to cost in excess of one million dollars per contract; and provided further, that no construction or contractual agreement for construction shall begin prior to the review and approval of the inspector general.

SECTION 77. The department of highways is hereby authorized and directed to undertake a feasibility review of the safety improvements between the Phillipston/Templeton townline and the Greenfield interstate highway Route 91 intersection as recommended by the state highway Route 2 safety improvement study authorized by section sixty-eight of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-four. Said department is further authorized and directed to prepare a design and construction implementation plan for said safety improvements within ninety days after completion of said study.

SECTION 78. The department of highways is hereby authorized and directed to conduct a feasibility study and preliminary design of the relocation of the ramps for interstate highway Route 91 in the city of Springfield between State street and Broad street. The department is further authorized and directed to undertake the construction of said ramp relocations and other related improvements as approved by the federal highway administration.

SECTION 79. The department of highways is hereby authorized and directed to acquire by eminent domain the necessary land for the Great River Bridge Project in the city of Westfield.

SECTION 80. The department of highways is hereby authorized and directed to conduct a feasibility study for the construction of ramps on interstate highway Route 91 between exits 17 and 18; provided, however, that a gambling facility is first approved in the city of Holyoke.

SECTION 81. The department of highways is hereby authorized and directed to conduct a study of a portion of interstate highway Route 91, from exit 3 to the Broad street exit in the city of Springfield. The study shall include, but not be limited to, the modifications necessary to improve the efficiency and safety related to the movement of vehicular traffic.

SECTION 82. The department of highways shall acquire by eminent domain the necessary land in the city of Chicopee for the Shawinigan Drive Project, so-called.

SECTION 83. The department of highways is hereby authorized and directed to evaluate the feasibility of a northbound ramp at Exit 24 of interstate highway Route 91 in the town of Whately.

SECTION 84. The department of highways shall include a retaining wall and sidewalk in the scope of the North Avenue Corridor Project, so-called, in the town of Wakefield. The Massachusetts Bay Transportation Authority is hereby authorized to permit the department of highways to undertake this work on its property.

SECTION 85. The department of highways is hereby authorized to immediately construct a sound barrier wall along the northbound section of the southeast expressway from one hundred Playstead road northerly to the rear of Savin Hill court in the Dorchester section of the city of Boston.

SECTION 86. The Massachusetts Bay Transportation Authority is hereby authorized and directed to designate the JFK/UMass station on the red line in the Dorchester section of the city of Boston as the southern most terminus for the circumferential transit way, so-called.

SECTION 87. Notwithstanding any provision of general or special law to the contrary, all Massachusetts Bay Transportation Authority level crossings on the Haverhill and Wildcat lines in the town of Wilmington shall have gates at level crossings installed and functional not later than December thirty-first nineteen hundred and ninety-six.

SECTION 88. The department of environmental management is hereby authorized and directed to conduct a study of cleanup and water diversion of the Fells section, so-called, of the Mystic River at the Melrose/Malden line for the purposes of flood alleviation to the residential property located at the Converse Lane/Washington street section of said municipalities. Said report shall be filed with the clerk of the house of representatives on or before November tenth, nineteen hundred and ninety-six.

SECTION 89. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized and directed to complete the construction of a temporary bridge structure on River street in the town of Westford not later than October first, nineteen hundred and ninety-six. Said department is further authorized and directed to complete construction of a permanent bridge structure on said River street in said town of Westford not later than September first, nineteen hundred and ninety-seven.

SECTION 90. The department of highways is hereby authorized to include considerations of unique, distinctive and historical characteristics, including, but not limited to, characteristics typical of rural roadways, during design and planning of reconstruction and improvement projects. The department is further authorized to consult with the appropriate regional, local, or municipal agencies, and to incorporate preferences identified by said agencies, during the roadway design and planning process.

SECTION 91. The department of highways is hereby authorized and directed to complete the project of widening of state highway Route 85 causeway in the towns of Marlborough and Hudson; provided, however, that the department of highways and the Massachusetts Water Resources Authority are authorized to arrange for excavation material from the Metrowest tunnel project to be used in said widening project.

SECTION 92. The Massachusetts Bay Transportation Authority is hereby authorized and directed to complete the Arborway restoration project authorized in item 6005-9524 of section two H of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-four, and to submit a report to the joint committee on transportation not later than December thirty-first, nineteen hundred and ninety-six concerning the status of said project.

SECTION 93. The executive office of transportation and construction is hereby directed to complete the study to determine the noise impact of train service along the southwest corridor in the city of Boston, authorized in item 6005-9582 of section two H of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-four, and to submit a report and recommendations to the joint committee on transportation not later than September thirtieth, nineteen hundred and ninety-six.

SECTION 94. The department of highways is hereby authorized and directed to conduct a study of alternatives to alleviate traffic congestion on a portion of state highway route 68, one-quarter mile north of the intersection of Pitcherville road and Morgan road in the town of Hubbardston and to undertake the design and construction of the necessary improvements.

SECTION 95. The department of highways and the office of travel and tourism are hereby authorized and directed to make a study and recommendations concerning the feasibility and desirability of acquiring land adjoining limited access highways and leasing such land for the development and operation of restaurants, motorist information service facilities and comfort stations. The report of said study and recommendations shall be filed with the joint committee on transportation not later than June thirtieth, nineteen hundred and ninety-seven.

SECTION 96. Whenever the language of a general capital authorization item of this act includes a smaller allocation for a specific project, the amount of said allocation may be adjusted to a greater or lesser amount if required to conform to contract requirements; provided, that it shall not exceed the total amount authorized by the item; and, provided further, that in any instance in which said allocation is adjusted to a greater or lesser amount, the appropriate department shall report to the joint committee on transportation and the house and senate committees on ways and means.

SECTION 97. Notwithstanding the provisions of any general or special law to the contrary, the department of highways and the Massachusetts Bay Transportation Authority are hereby authorized and directed to coordinate and complete repairs of the George Roper memorial bridge, so-called, the Adams street bridge, so-called, and the Medway street bridge, so-called, in the Dorchester section of the city of Boston.

SECTION 98. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, within sixty days after the effective date of this act, file with the joint committee on transportation and the house and senate committees on ways and means the existing long range capital development spending plan for the authority; provided, that to the extent that said plan does not exist or does not include the information detailed herein, said plan shall be revised to include the following: (a) the status of all previously authorized construction projects, maintenance and infrastructure repair projects, and major equipment purchases, including the unexpended balances for said projects and purchases; (b) the schedule of planned expenditures for the projects authorized in section two J; and (c) a ten year schedule of planned improvements to the authority's commuter rail and rapid transit systems, including plans for the green line, so-called, and the Mattapan high speed line, so-called; provided, that said schedule shall be revised, if necessary, to include improvements and repairs at the Fields Corner and Savin Hill red line stations, including, but not limited to, improvements necessary to comply with the Americans with Disabilities Act, traffic improvements and lighting re-design; provided further, that the authority shall complete work on said Fields Corner and Savin Hill stations within five years of the effective date of this act. Said authority shall annually, not later than September fifteenth, update the long range capital development plan authorized herein and file said plan with the joint committee on transportation and the house and senate committees on ways and means.

SECTION 99. Notwithstanding the provisions of any general or special law to the contrary, no funds authorized in section two J shall be available for expenditure until the Massachusetts Bay Transportation Authority files the long range capital development spending plan required by section ninety-eight.

SECTION 100. Notwithstanding the provisions of any general or special law to the contrary, the state treasurer is hereby authorized and directed to make a study of the cash management practices of the Massachusetts Bay Transportation Authority. Said study shall (a) detail how the practice of payment of net cost of service advances, so-called, originated; (b) explain how said advances are utilized by said authority in its day-to-day operations; (c) focus on the continued need for said authority to receive net cost of service advances, so-called, from the state treasurer; (d) make recommendations on the methods to reduce or eliminate the need for said advances; and (e) detail the annual interest paid on the borrowing undertaken to finance said advances for fiscal years nineteen hundred and ninety to nineteen hundred and ninety-six, inclusive, and an estimate of such interest costs for fiscal years nineteen hundred and ninety-seven and nineteen hundred and ninety-eight. The report of said study shall be filed with the special commission established under the provisions of section one hundred and one of this act and the joint committee on transportation and the house and senate committees on ways and means within six months of the effective date of this act.

SECTION 101. (a) There is hereby established a special commission to review the financing of the Massachusetts Bay Transportation Authority. Said commission shall be chaired by the secretary of administration and finance and shall include the secretary of transportation and construction, or his designee, the general manager of the Massachusetts Bay Transportation Authority or his designee, the state treasurer, or his designee, the state comptroller, or his designee, the chairman of the Massachusetts bay transportation authority advisory board or his designee, one person with experience in the field of public transportation to be appointed by the governor, the inspector general or his designee, the state auditor or his designee, the chairmen of the house and senate committees on ways and means or their designees, the chairmen of the joint committee on transportation or their designees, the chairmen of the house and senate committees on post audit and oversight or their designees, one member of the house of representatives to be appointed by the house minority leader, and one member of the senate to be appointed by the senate minority leader.

(b) The commission shall review all aspects of the financing of the Massachusetts Bay Transportation Authority, including, but not limited to, accounting practices and cash flow management, program budgeting, fare collections and fare structure, assessments made to cities and towns within the authority district as defined in chapter one hundred and sixty-one A of the General Laws, the need for assessments to those cities and towns which are not included in the authority district as so defined, but which are benefiting directly or indirectly from services provided by the authority, and the current structure for making contract assistance payments to the authority.

(c) The commission shall develop a plan to implement a prospective budgeting system for the authority and shall develop a schedule to phase in said prospective budgeting system. The first phase of said implementation plan shall be structured so as not to exceed the authorization included in section two K and shall comply with the conditions set on the funds authorized by said section two K. Said plan shall be submitted concurrently with the terms bill, so-called, for the authorization made in said section two K or within nine months of the effective date of this act; provided, however, that nothing in this section shall be construed to require the governor to file a terms bill, so-called, within nine months of the effective date of this act.

(d) The commission shall develop, within fifteen months of the effective date of this act, a plan for the second phase of the implementation of the prospective budgeting system for the authority. Said plan shall detail the components of the authority's operations which shall be subject to prospective budgeting and shall detail the costs and savings associated with the implementation of said prospective budgeting system.

SECTION 102. Notwithstanding the provisions of any general or special law to the contrary, the John W. McCormack institute of public affairs is hereby authorized to review and explore possible cost savings within the central artery/third harbor tunnel project. The institute may employ such staff or consultants as may be necessary for the purpose of this review and may use the funds authorized in item 7400-6969 of section two B for all costs associated with such review. The McCormack institute is hereby authorized to request any and all information which it deems necessary to undertake the review authorized herein. The executive office of transportation and construction, the executive office for administration and finance, the department of highways, the Massachusetts port authority, the state auditor, the inspector general, and the attorney general are hereby authorized to provide information to said McCormack institute when requested to do so. The McCormack institute shall submit its findings to the house and senate committees on ways and means and the joint committee on transportation not later than nine months after the effective date of this act.

SECTION 103. Notwithstanding the provisions of any general or special law to the contrary, the uncommitted balances of bond funded authorizations 1100-1561 and 1100-1562 previously made available for the purposes of the off-street parking program established by chapter four hundred and eighty-seven of the acts of nineteen hundred and eighty shall be expended for off-street parking facilities as herein provided: an amount not to exceed two hundred and forty thousand dollars shall be expended for an off-street parking facility in the town of Wellesley, an amount not to exceed three million five hundred thousand dollars shall be expended for an off-street parking facility in the city of Medford, an amount not to exceed two hundred thousand dollars shall be expended for an off-street parking facility in the town of Avon, an amount not to exceed five million dollars shall be expended for an off-street parking facility in the city of Newburyport, an amount not to exceed two million five hundred thousand dollars shall be expended for an off-street parking facility in the city of Haverhill, an amount not to exceed one hundred and seventy-five thousand dollars shall be expended for an off-street parking facility in the city of Gloucester, an amount not to exceed four million five hundred thousand dollars shall be expended for an off-street parking facility in the city of Springfield, and an amount not to exceed three million dollars shall be expended for an off-street parking facility in the town of Amherst. Said authorizations 1100-1561 and 1100-1562 shall not expire until June thirtieth, two thousand and one.

SECTION 104. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized to allow the use of polyethylene pipe products for drainage projects.

SECTION 105. Any amounts made available by this act or heretofore made available by chapter fifteen of the acts of nineteen hundred and eighty-eight and chapter thirty-three of the acts of nineteen hundred and ninety-one and chapter one hundred and two of the acts of nineteen hundred and ninety-four and chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-four and chapter one hundred thirteen of the acts of nineteen hundred and ninety-six shall be made available for expenditure until June thirtieth, two thousand.

SECTION 106. The department of highways is hereby authorized and directed to conduct a feasibility study of all aspects related to improving access, including the construction of additional access roadways, to and from Worcester airport. Said study shall be completed on or before December thirty-first, nineteen hundred and ninety-six.

SECTION 107. The division of capital planning and operations of the executive office of administration and finance is hereby authorized to expend not more than ten thousand dollars to evaluate any appropriate uses of Spaulding Rehabilitation Hospital by the commonwealth.

SECTION 108. To provide for certain proposed capital projects and the continuation of other capital projects already in progress, item 2120-7848 of section three B of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three and the funds made available in section two of chapter eight hundred of the acts of nineteen hundred and seventy-nine, are hereby authorized to be revived and continued, subject to the conditions set forth in the original authorizations and any amendments thereto, and subject to the provisions of law regulating the disbursement of public funds.

SECTION 109. For the purpose of making available for expenditure certain balances of authorizations which reverted on February twenty-eighth, nineteen hundred and ninety-six, the expiration dates of item 2120-7848 in section three A of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three and the funds made available in section two of chapter eight hundred of the acts of nineteen hundred and seventy-nine are hereby extended through June thirtieth, nineteen hundred and ninety-seven.

SECTION 110. The personnel authorized under chapter twenty-two C of the General Laws shall be the sole police authority of the General Edward Lawrence Logan international airport and Massachusetts port authority properties. Within said airport properties, no airport or port employee, or special state police officer appointed pursuant to section fifty-eight of said chapter twenty-two C, assigned to airport properties shall be entitled to carry any type of firearm, as defined in section one hundred and twenty-one of chapter one hundred and forty of the General Laws, tear gas cartridge or a device or instrument which contains a liquid gas, powder or any other substance designed to incapacitate while on official duty; provided, however, that bird control officers, so-called, may be authorized to carry such weapons as may be necessary to carry out their assigned duties pursuant to said authority's wildlife management program.

SECTION 111. Notwithstanding the provisions of any general or special law to the contrary, the University of Massachusetts Building Authority, as successor in interest to the Lowell Technological Institute Building Authority, is hereby authorized to transfer to the city of Lowell the property acquired in nineteen hundred and sixty-three known as the Lowell arena and civic subdivision plan of land shown on plan 26607B filed with certificate of Title 10165, recorded in the registry of deeds of the northern district of Middlesex county, and the lot of land situated at Aiken and Pawtucket streets, known as Lot 354 consisting of six thousand seven hundred and one square feet more or less, as recorded in Book 2489 on Page 108 in the registry of deeds of the northern district of Middlesex county, for a nominal sum to the extent such transfer or price is not otherwise prohibited by contractual obligations of the authority. Notwithstanding any general or special law to the contrary, the commission and the city of Lowell are hereby authorized to indemnify the authority regarding any potential liability of the authority pursuant to chapter twenty-one E of the General Laws with respect to any property now owned by the authority but appropriate to transfer to the commission.

SECTION 112. Notwithstanding the provisions of section twenty-seven C of chapter twenty-nine of the General Laws, chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six or any other general or special law to the contrary, the executive office of transportation and construction, the department of highways, the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority, and the city of Boston are hereby authorized, for the purpose of undertaking or completing transportation or roadway infrastructure improvements in the area of New Northern avenue, as defined below to work with the Massachusetts Port Authority and abutting landowners as defined below, to establish street lines and pedestrian and roadway malls and to realign street patterns and make street connections so as to enhance pedestrian, visual, and marine amenities and to encourage tourism and related activities in and around the area of New Northern avenue. The executive office of transportation and construction, the department of highways, the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority, and the city of Boston are hereby further authorized in connection with such transportation or roadway infrastructure improvements to work with the Massachusetts Port Authority and abutting landowners to establish plazas, pedestrian access, natural plantings, fountains, lighting, sculptures and statuary, to design and create stations, head houses, arcades and public spaces, to provide for security and maintenance of public spaces, to impose limitations on truck traffic and other inconsistent uses and, with respect to the Massachusetts Bay Transportation Authority, to provide a relocate site or sites for abutting landowners dislocated by a transportation infrastructure improvement. Undertaking such activities in conjunction with abutting landowners in furtherance of or incidental to a transportation or roadway infrastructure improvement being constructed by one or more of the agencies or bodies politic set forth in this section is hereby found and declared to be a public purpose.

For the foregoing purposes, and notwithstanding the provisions of any general or special law to the contrary, and without being subject to the provisions of chapter seven of the General Laws, chapter thirty B of the General Laws, section five of chapter one hundred sixty-one A of the General Laws, or clause (q) of section 5 of chapter three hundred fifty-four of the acts of nineteen hundred and fifty-two, the department of highways, the Massachusetts bay transportation authority, the Massachusetts turnpike authority, and the city of Boston, acting individually or jointly, and in the sole discretion of each agency or body politic, are hereby authorized to enter into one or more contracts. Such contracts may provide for the sale, exchange, lease, or other transfer at fair market value, of any interest, including the fee interest, in real property owned or acquired by the department of highways, the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority or the city of Boston in the area of New Northern avenue. The consideration for such sale, exchange, lease or other transfer of real property or any interest in real property may be in the forms of (a) payment in cash of the fair market value of such real property or interest in real property; (b) conveyance to the agency or body politic of real property or interest in real property of a substantially equivalent fair market value; (c) contribution to the transportation or roadway infrastructure improvement services, construction, or other in kind contributions of a kind and nature customarily provided by such agency or body politic, with a monetary value substantially equivalent to the fair market value of the real property or interest in real property so conveyed; or (d) compensation to the agency or body politic through a combination of the alternatives set forth in (a), (b), and (c) above. Nothing in this section shall be construed to require any of the agencies or bodies politic to enter into a contract or contracts as provided above. The authority granted under the terms of this section shall expire five years after the effective date of this act, except as to any contract or contracts made prior to such expiration date. For the purposes of this section, the term "abutting landowners" shall mean the person or persons with a fee interest in property abutting New Northern avenue between the easterly sideline of Sleeper street and the westerly sideline of East Service road, and the term "area of New Northern avenue" shall mean the area bounded by Summer street, B street, Boston harbor, and the Fort Point channel in the city of Boston.

SECTION 113. The department of highways is hereby authorized and directed to design and construct the East Boston Parks, so-called, to mitigate the impact of the construction of the central artery/third harbor tunnel project, as provided in the January second nineteen hundred and ninety-one MEPA Certificate, the November, nineteen hundred and ninety, Final Supplemental Environmental Impact report, and the May, nineteen hundred and ninety-one Federal Record of Decision. Said department of highways shall submit an implementation plan for this project within sixty days of the effective date of this act to the joint committee on transportation and the house and senate committees on ways and means.

SECTION 114. The executive office of transportation and construction is hereby authorized and directed to submit a report to the joint committee on transportation and the house and senate committees on ways and means, within sixty days of the effective date of this act, detailing the standards currently used by the Massachusetts Bay Transportation Authority and the department of highways, for both state and federal projects, to determine when operating and construction noise levels, air quality, odor, vibration, or other conditions warrant the use of mitigation measures, such as sound barriers.

SECTION 115. The Massachusetts Bay Transportation Authority is hereby authorized and directed to study the feasibility of establishing commuter rail service to the town of Millis via the Needham branch and to submit a report on said study to the joint committee on transportation not later than December thirty-first, nineteen hundred and ninety-six.

SECTION 116. Notwithstanding the provisions of any general or special law to the contrary, for every dollar expended on the central artery/third harbor tunnel project from items 6033-9617 and 6033-9669 of section two A of this act and items 6036-9617 and 6036-9669 of section two A of chapter one hundred and thirteen of the acts of nineteen hundred and ninety-six, at least four dollars shall be expended on the state-wide road and bridge program, so-called; provided, that the department of highways is hereby authorized and directed to report on a quarterly basis to the house and senate committees on ways and means and the joint committee on transportation relative to said department's success in meeting the requirements of this section, including, but not limited to, a list of the contracts awarded which are funded from said items 6033-9617, 6033-9669, 6036-9617, and 6036-9669 along with a description of the contract and its award value.

SECTION 117. Notwithstanding the provisions of any general or special law to the contrary, the open space created above the depressed central artery shall be designated as the Rose Kennedy greenway; provided, however, that nothing in this section shall preclude the future designation or sale of particular parcels contained within said greenway.

SECTION 118. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall not further extend or expand any additional commuter rail service on the Providence/Attleboro line, so-called, until the current layover facility located in the city of Attleboro is relocated to the city of Pawtucket in the state of Rhode Island.

SECTION 119. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized and directed to develop and implement a plan which would expand the use of the high occupancy vehicle lane, so-called, on the Southeast expressway, so-called, to vehicles occupied by two persons.

Said plan shall be implemented in accordance with the following criteria: (a) said plan shall only apply to vehicles occupied by two persons; provided, however, that vehicles occupied by three or more persons shall not be subject to the criteria herein delineated; (b) vehicles with an odd last number on the registration plate shall be issued a blue windshield sticker; (c) vehicles with an even last number on the registration plate shall be issued a red windshield sticker; (d) vehicles with vanity registration plates shall be issued a blue windshield sticker; (e) vehicles with blue windshield stickers shall be allowed access to said high occupancy vehicle lane on odd numbered calendar days; (f) vehicles with red windshield stickers shall be allowed access to said high occupancy vehicle lane on even numbered calendar days.

Commuters who wish to participate in the expanded use of said high occupancy vehicle lane shall make an application to the department of highways in accordance with regulations promulgated by said department and the executive office of transportation and construction under the provisions of this section; provided, however, that two thousand red windshield stickers shall be issued by said department and two thousand blue windshield stickers shall be issued by said department; provided, that said department shall not charge a fee to commuters for the application, production, or distribution of said windshield stickers; and, provided further, that said windshield stickers shall not be transferrable and shall be valid for a period of one year.

The secretary of transportation and construction and the commissioner of the department of highways are hereby authorized and directed to promulgate such regulations or policies as may be necessary to implement the expanded use of said high occupancy vehicle lane authorized herein within sixty days of the effective date of this act. Said secretary and commissioner shall monitor the results of the plan herein authorized and submit an interim report detailing the result of said plan to the joint committee on transportation and the house and senate committees on ways and means not later than six months after the implementation of the plan authorized herein; provided further, that said secretary and said commissioner shall file a final report detailing the results of said plan not later than fourteen months after the effective date of this act.

SECTION 120. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority is hereby authorized and directed to immediately restore employees employed as guards, so-called, on the blue line to their employment status as said blue line guards as of June first, nineteen hundred and ninety-six; provided, however, that no further changes shall be made to the employment status of said guards until the commission created by this section files the study herein authorized.

There is hereby created a commission to study the needs for guards on blue line trains and the need to maintain staffing levels of not less than one employee during all hours of operation at all stations equiped with automatic token machines, so-called, or electronic token machines, so-called. Said commission shall be convened by the chairmen of the joint committee on transportation. The membership of said commission shall be the chairmen of said joint committee on transportation, the general manager of said Massachusetts Bay Transportation Authority, the chairman of the Massachusetts Bay Transportation Authority advisory board, and the secretary of public safety. The chief of said Massachusetts Bay Transportation Authority police force shall serve as an ex officio member of said commission.

Said commission shall complete a study which shall ascertain whether the safety of the public is better served by the guarding of the blue line trains or whether the electronic surveillance and safety measures currently employed on said trains are sufficient and whether the safety of the public is better served by maintaining an employee at stations equipped with automatic token machines, so-called, or electronic token machines, so-called. Said study shall be submitted to the house and senate committees on ways and means not later than August thirtieth, nineteen hundred and ninety-six.

SECTION 121. Pursuant to the provisions of sections two and two A of this act and sections two and two A of chapter one hundred and thirteen of the acts of nineteen hundred and ninety-six, the department of highways is hereby authorized and directed to expend a sum of not less than five hundred million dollars for projects in the counties of Berkshire, Hampden, Hampshire, Franklin, Norfolk, Worcester, Essex, Middlesex, Barnstable, Bristol, Dukes, Nantucket and Plymouth; provided, however, that the department shall expend not less than one hundred million dollars in the counties of Berkshire, Hampden, Hampshire, and Franklin; not less than one hundred million dollars in the counties of Norfolk and Worcester; not less than one hundred million dollars in the counties of Essex and Middlesex; and not less than one hundred million dollars in the counties of Barnstable, Bristol, Dukes, Nantucket and Plymouth.