Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for the immediate revitalization of the seaports of 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 capital outlay program of revitalization and development of the commonwealth's seaports, through the preparation of plans, studies, construction, alteration, and improvement of various state, municipal and other properties, and for the purpose of improving the economy and infrastructure of the commonwealth, the sums set forth in sections two, two A and two B of this act, for the several purposes and subject to conditions specified under said section two, are hereby made available, subject to the provisions of law regulating the disbursement of public funds and the approval thereof. The sums appropriated herein shall be in addition to the amounts previously appropriated and made available for the purposes of said items, unless otherwise specified.

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=66,13,tur `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tc1 2000-6966 `tc4 For improvements to coastal facilities in designated and non-designated port areas, including those defined pursuant to chapter twenty-one F of the General Laws and 301 CMR 25.00; provided, that improvements may include, but shall not be limited to, constructing, reconstructing, rehabilitating, expanding, replacing and improving public facilities, piers, wharves, boardwalks, berths, bulkheads, and other harbor and waterfront facilities; provided further, that notwithstanding the provisions of any general or special law to the contrary, funding from this item shall be awarded on a project by project basis and each award shall be contingent upon a matching contribution of twenty-five percent of the cost of the non-dredging components from the community in which improvements are to be made; provided further, that not less than eighteen million dollars shall be expended for the dredging, improvements, expansion and development of the Salem Port, including the dredging of an additional deep water basin, the construction of a public port facility, the development of increased shipping capacity and the construction of a "Sea Rail Link"; provided further, that not less than twenty-five million dollars shall be expended for the dredging, expansion, and development of commercial berths within the port of Fall River; provided further, that not less than three hundred and fifty thousand dollars shall be expended for improvements to Green Harbor, so-called, in the town of Marshfield, including but not limited to, the provision of electricity and water, the reconstruction of the harbormaster's facility, including lavatory access for commercial and recreational harbor users, the provisions of safe collection and environmentally sound storage of used boat oil and improvements to piers and associated facilities; provided further, that not less than four hundred and fifty thousand dollars shall be expended for costs associated with the construction of a boardwalk from the parking lot to the beach at Plum Island, including the construction of an observation deck at the beach; provided further, that not less than two million dollars shall be expended for the construction, reconstruction, or other improvements to the Salisbury beach seawall; provided further, that not less than three hundred and fifty thousand dollars shall be expended for improvements to the Cashman Park public access facility in Newburyport; provided further, that not less than one hundred and fifty thousand dollars shall be expended for a study relative to the redevelopment of the Newburyport waterfront; provided further, that not less than one million eighty-five thousand dollars shall be expended for improvements to the New Bedford fendering system, so-called; provided further, that not less than five million dollars shall be expended for heavy duty cranes and forklifts for New Bedford and Fall River; provided further, that five hundred thousand dollars shall be allocated to the department of environmental management for the design and construction of a roll-on, roll-off intermodal ferry terminal in the port of New Bedford serving passengers, vehicles and freight; provided further, that not less than five hundred thousand dollars shall be expended for improvements to the Public Landing at Blossom Street, located in the city of Lynn; provided further, that not less than thirty-two thousand dollars shall be expended for repairs to the wooden docks in Kingston; provided further, that not less than three hundred thousand dollars shall be expended for improvements to the main town pier in Plymouth; provided further, that not less than one million dollars shall be expended for improvements to the T Wharf, so-called, in Plymouth; provided further, that not less than seven hundred and fifty thousand dollars shall be expended for the construction of a cold storage facility in the port of Fall River; provided further, that not less than two million dollars shall be expended to make improvements to the port of Fall River to accommodate commercial cruise ships; provided further, that not less than eight hundred thousand dollars shall be expended for improvements to Battleship Cove in Fall River; provided further, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the secretary of environmental affairs shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $65,000,000 `tc1 2000-6967 `tc4 For the construction, reconstruction, rehabilitation, expansion and replacement and improvement of piers owned by the commonwealth in Gloucester, Fall River, New Bedford, and for improvements to the piers, docks, and all associated facilities at the Hingham shipyard commuter boat terminal; provided, that not less than seven hundred and fifty thousand dollars shall be expended for improvements to said Hingham commuter boat terminal; provided further, that not less than two million twenty-five thousand dollars shall be expended for the construction of a cold storage facility at the state owned piers in New Bedford; provided further, that not less than one million one hundred twenty-five thousand dollars shall be expended to relocate the state owned pier in Fall River; provided further, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the secretary of environmental affairs shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $6,000,000 `tc1 2000-6968 `tc4 For any and all non-federal costs incurred after November first, nineteen hundred and ninety-four, for the non-federal share of the Boston Harbor Navigation Improvement Project, authorized by Congress in the Water Resources Development Act of 1990, including but not limited to, the dredging of publicly-owned deep cargo berths in the port of Boston, all costs associated with the preparation of environmental studies and reports, permitting of the project, and all costs associated with the design and relocation of the Massachusetts Water Resources Authority section eight low service pipeline located in the Chelsea river approximately eight hundred feet east of the McArdle Bridge; provided, that notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Port Authority is hereby authorized and directed to pay twenty-five percent of the non-federal share costs associated with this project; provided further, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the secretary of environmental affairs shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $15,000,000 `tc1 2000-6969 `tc4 For the purpose of funding the costs associated with the preparation of comprehensive studies for the designated port areas; provided, that said studies shall include the preparation of environmental impact reports (EIRs) pursuant to the Massachusetts environmental policy act regulations at 301 CMR 10.00; provided further, that said EIRs shall (a) develop all information necessary to initiate the permitting process for such designated port area dredging projects; and (b) shall identify long-term disposal sites for contaminated sediments dredged from all locations, public and private, in the harbor within which the designated port area is located; provided further, that said studies shall include an economic analysis of designated port areas, which, along with the information obtained from the EIRs, shall be presented in a designated port area dredging plan for the commonwealth; provided further, that a portion of the funds authorized herein may be used for associated costs, including but not limited to the cost of environmental assessments, sediment testing and analysis, and surveys and analyses of marine resources and habitats; provided further, that the executive office of environmental affairs, through the Massachusetts coastal zone management office, shall be responsible for the preparation of the EIRs, in consultation and coordination with affected communities, and the designated port area dredging plan; provided further, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the secretary of environmental affairs shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $5,000,000 `tc1 2000-7967 `tc4 For the costs of equipment related to the development of an electronic fish display auction, so-called, and for the purposes of providing a state match to receive federal grant funds provided under the Northeast Fishing Initiative, so-called, to implement a comprehensive economic development strategy for the fishing industry and to pursue initiatives for voluntary vessel brokerage to international markets; provided, that not less than five hundred and fifty thousand dollars shall be expended for an electronic fish display auction in New Bedford; and, provided further, that not less than five hundred thousand dollars shall be expended for an electronic fish display auction in Gloucester; provided further, that said display auctions shall to be state owned and the secretary may contract with public or private entities for the operation and administration of said display auctions; and provided further, that every effort shall be made to not adversely affect privately operated display auctions `tc6 $2,600,000 `tc2 Department of Environmental Management. `tc1 2150-6966 `tc4 For the purpose of funding any and all non-federal costs incurred on or after November first, nineteen hundred and ninety-four, associated with the dredging and the disposal of dredged materials from public channels, anchorages and publicly owned berths within designated port areas and public approach channels thereto, hereinafter "designated port area dredging projects", including but not limited to, maintenance dredging projects defined under 310 CMR 9.00, or maintenance dredging projects with a subsidiary improvement dredging component; provided further, that the seaport advisory council shall recommend the allocation of funding for designated port area dredging projects based upon the designated port area dredging plan; provided further, that the seaport advisory council may recommend funds be allocated sooner where it finds that certain designated port area dredging projects should be undertaken prior to the completion of the designated port area dredging plan; provided further, that a portion of the funds authorized herein may be used for (a) the implementation and construction of any disposal alternatives determined necessary through the course of environmental review; provided, however, that such alternative does not preclude potential disposal sites with long-term capacity, including design, engineering and expenses to mitigate adverse environmental impacts, and (b) for associated costs, including but not limited to, contract management, inspections, audits and legal services; provided further, that the expenditure of funds authorized herein for designated port area dredging projects shall be made through such agency or agencies as may be recommended to the secretary of the executive office of environmental affairs by the seaport advisory council; provided further, that not more than three million seven hundred fifty thousand dollars shall be expended for the costs incurred by maintenance dredging of the inner portion of the port of Gloucester harbor; provided further, that not less than eighteen million seven hundred fifty thousand dollars shall be expended for the dredging, expansion, and development of commercial berths within the port of New Bedford; provided further, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, and design of the projects funded herein may be charged to this item; provided further, that said personnel 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the commissioner of the department of environmental management shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $50,000,000 `tc1 2150-6967 `tc4 For the improvement, preservation and survey of existing rivers and harbors; provided, that funds may be expended from this item for costs incurred after November first, nineteen hundred and ninety-four, associated with dredging projects located outside of designated port areas; provided further, that such awards shall be contingent upon a twenty-five percent matching contribution by the community in which dredging will occur; provided further, that not less than one million five hundred seventy-five thousand dollars shall be expended for dredging in waters adjacent to the town of Danvers; provided further, that not less than one million two hundred thousand dollars shall be expended for the dredging of Winthrop harbor; provided further, that not less than one million eight hundred seventy-five thousand dollars shall be expended for dredging Belle Isle Creek and waters adjacent to the Beachmont Yacht Club and the Revere veterans of foreign wars post; provided further, that not less than nine hundred thirty-seven thousand five hundred dollars shall be expended for dredging and bulkhead improvements in Hyannis; provided further, that not less than one million eighty-seven thousand five hundred dollars shall be expended for dredging projects in the town of Wareham; provided further, that the department shall give priority to the dredging of the harbors of Falmouth and Plymouth and the clean-up of the Jones River in Kingston; provided further, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the commissioner of the department of environmental management shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $8,900,000 `tc1 2150-9969 `tc4 For the removal of unsafe and hazardous wharves and piers, upon certification and notification by the commissioner of the department of environmental protection in accordance with the provision of section forty-nine B of chapter ninety-one of the General Laws and for the removal of submerged or abandoned vessels upon certification and notification by the commissioner of the department of environmental protection; provided, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the commissioner of the department of environmental management shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $3,000,000 `tc2 Department of Environmental Protection. `tc1 2250-9959 `tc4 For the updating and implementation of the study of development potential of the Fall River Waterfront Study, so-called; provided, that said study shall consider the use and development of the waterfront for tourism, economic development and public recreation; provided further, that not more than five hundred thousand dollars shall be expended for said study; provided further, that said study shall be submitted to the house and senate committees on ways and means no later than October thirty-first nineteen hundred and ninety-six; and provided further, that no funds authorized herein for the implementation of said study shall be expended prior to further legislative approval `tc6 $18,000,000 `tc2 Department of Fisheries, Wildlife, and Environmental Law Enforcement. `tc1 2300-7967 `tc4 For research, planning, and public infrastructure investments in fish hatcheries, aquaculture, expansion of shellfish purification facilities, and other fisheries, including the modeling, design and construction of artificial reefs for the enhancement and restoration of marine habitats; provided, that funds may be expended for the costs of converting vacant industrial buildings into fish hatcheries; provided further, that not less than eight thousand four hundred dollars shall be expended for an artificial reef project in Yarmouth; provided further, that not less than three hundred seventy-five thousand dollars shall be expended for the development of the Northeast Aquaculture Center in the city of Gloucester by Salem State College, and for the establishment of a coordinator to coordinate the aquaculture programs offered by said college, North Shore Community College, Essex Agricultural and Technical Institute, North Shore Regional Vocational High School, and the Gloucester public school system; provided further, that not less than seven hundred fifty thousand dollars shall be expended for the capital costs of an economic development project for aquaculture in Barnstable county; provided further, that no funds authorized in this item shall be expended for the compensation of employees `tc6 $3,500,000 `tc2 Metropolitan District Commission. `tc1 2496-8967 `tc4 For the rehabilitation of the Amelia Earhart Dam in the cities of Everett and Somerville, including but not limited to, the replacement of gaskets and other related appurtenances `tc6 $100,000 `tc1 2496-8968 `tc4 For the preparation of studies and plans, engineering services, construction, draining, rehabilitation, and restoration of the historic site known as the Quincy Quarries under the care, custody and control of the metropolitan district commission; provided, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the commissioner of the metropolitan district commission shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $1,000,000 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Higher Education Coordinating Council. `tc1 7118-7961 `tc4 For research, development and capital equipment purchases at the Massachusetts Maritime Academy associated with the implementation of simulator databases for the commonwealth's waterways and harbor areas for use in infrastructure planning, marine casualty prevention, oil pollution response and the training and certification of pilots and docking masters `tc6 $750,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-8968 `tc4 For the purpose of supporting a vessel conversion program for the Massachusetts commercial fishing fleet pursuant to the provisions of section twenty-two of this act `tc6 $5,000,000 `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=66,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Office of the Secretary. `tc1 6000-7967 `tc4 For projects established pursuant to the provisions of chapter one hundred and sixty-one C of the General Laws to modify clearances over certain railroad lines and to modify grade crossings in the commonwealth that accommodate the efficient and safe movement of freight and to improve rail capacity and access in accordance with the provisions of section twenty of this act; provided, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the secretary of transportation and construction shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $85,000,000 `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=66,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Office of the Secretary. `tc1 6000-7969 `tc4 For the design, study, and preparation of plans, if necessary, for safety improvements along the Fitchburg division of the Boston and Maine railroad in North Cambridge; provided, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the secretary of transportation and construction shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $500,000 `tc1 6000-8968 `tc4 For the design, preparation of plans, if necessary, and for construction, reconstruction, repairs and other improvements to railroad facilities at Gloucester Harbor; provided, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the secretary of transportation and construction shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $1,000,000 `tc1 6000-8969 `tc4 For the design, preparation of plans, if necessary, and for construction, reconstruction, repairs or other improvements to the railroad beds and railroad lines leading to the waterfront of Fall River; provided, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; and provided further, that the secretary of transportation and construction shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $10,000,000 `tcol;end

SECTION 3. To meet 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 one hundred eighty-three million eight hundred and fifty thousand dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Seaport Revitalization Loan Act of 1996, and shall be issued for such 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 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 4. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section three and may issue and renew from time to time notes of the commonwealth thereof 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 term, 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 final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and one.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 5. To meet 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 eighty-five million dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Commonwealth Railroad Capacity Enhancement Loan Act of 1996, and shall be issued for such 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 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 6. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section five and may issue and renew from time to time notes of the commonwealth thereof 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 term, 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 final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and one.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 7. To meet 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 eleven million five hundred thousand dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Gloucester and Fall River Railroad Improvement Loan Act of 1996, and shall be issued for such 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 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 8. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section seven and may issue and renew from time to time notes of the commonwealth thereof 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 term, 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 final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and one.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 9. Section 2 of chapter 564 of the acts of 1987 is hereby amended by striking out item 2000-8881 and inserting in place thereof 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=66,13,tur `tc1 2000-8881 `tc4 For a study and the preparation of plans, if necessary, and for repairs and improvements to MacMillan wharf in the town of Provincetown; provided, that at least twenty-five percent of the costs of said improvements shall be provided by a match from federal, local, or private sources `tc6 $7,500,000 `tcol;end

SECTION 10. Section 21 of said chapter 564 is hereby further amended by inserting after the word "terminal", in line 2, inserted by section 2 of chapter 196 of the acts of 1993, the following words:- in the New Bedford harbor.

SECTION 11. Section 44 of said chapter 564 is hereby amended by striking out, in lines 5 and 6, the words "million, one" and inserting in place thereof the following words:- one million six.

SECTION 12. Item 2150-9951 of section 2 of chapter 85 of the acts of 1994 is hereby amended by inserting after the word "communities", in line 5, the following words:- ; provided, further, that not less than three hundred thousand dollars shall be expended for seawall improvements in the town of Nahant.

SECTION 13. Item 2440-8952 of said section 2 of said chapter 85 of the acts of 1994, is hereby amended by inserting after the word "item", in line 18, the following words:- ; provided, further, that not less than seventy-five thousand dollars shall be expended for weed control and the ecological maintenance of the Aberjona River, its adjacent ponds and its connecting Mystic Lake in the town of Winchester; provided further, that not less than twenty-five thousand dollars shall be expended for the design, repair and maintenance of the dam at Upper Mystic Lake near the boat club; and provided further, that not less than one hundred thousand dollars shall be expended to create better access to Spot Pond in the town of Stoneham.

SECTION 14. Section 30 of chapter 267 of the acts of 1995 is hereby amended by striking out items 7508-7871, 7508-7890, 7508-7891 and 7514-7890.

SECTION 15. Section 2 of chapter 12 of the acts of 1996 is hereby amended by striking out item 1102-8969 and inserting in place thereof 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=66,13,tur `tc1 1102-8969 `tc4 For grants to communities hosting state correctional facilities impacted by inmate capacity increases; provided, however, that the secretary of the executive office of public safety, in consultation with the commissioner of the division of capital planning and operations, is authorized to issue funds authorized herein as grants to communities at a rate of ten thousand dollars for each new secure general population cell at state facilities; provided further, that all grants shall be used for publicly-owned capital projects within the communities; provided further, that not less than nine hundred sixty thousand dollars shall be provided to the host communities impacted by prior year prison expansion at the Massachusetts correctional institution at Norfolk; provided further, that not less than one million six hundred thousand dollars shall be provided to communities impacted by prior year prison expansion at the Massachusetts correctional institution at Cedar Junction; provided further, that not less than three million dollars shall be provided to communities impacted by increased medium security capacity at correctional facilities located in the town of Bridgewater; provided further, that not less than one million fifty-seven thousand two hundred and forty-eight dollars shall be provided to communities affected by prior year prison expansion at the Massachusetts correctional institution at Gardner; provided further, that not less than five hundred thousand dollars shall be provided to the host communities impacted by prior year prison expansion at the Massachusetts correctional institution at Lancaster; provided further, that not less than two million five hundred thousand dollars shall be provided to the host communities impacted by prior year prison expansion at the Massachusetts correctional institution at Shirley; provided further, that twelve million six hundred and eighty thousand dollars may be authorized for grants to communities impacted by inmate capacity increases due to authorizations in item 8900-7967 of section two; provided further, that said grant money awarded for the expansion of the Massachusetts correctional institution at Shirley shall be divided equally between the towns of Shirley and Lancaster; provided further, that unless otherwise provided for in this item, said grant money shall be paid to communities within six months of the occupancy of the facilities constructed with funds authorized by this act; provided further, that the department of corrections, in conjunction with the department of public health and the department of education, shall conduct a study into the biological causes of crime based on the premise that scientists have been studying biological risk factors which they believe predispose individuals to criminal behavior; provided further, that said study should incorporate these findings to work toward a more effective approach toward criminology; and provided further, that the results of said study shall be submitted to the general court no later than June thirtieth, nineteen hundred and ninety-six `tc6 $22,297,248 `tcol;end

SECTION 16. Item 8900-7967 of said section 2 of said chapter 12, is hereby amended by striking out the wording and inserting in place thereof the following wording:- `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=66,13,tur `tc4 For the planning, and studies, acquisition of land and buildings and interests therein, the preparation of plans and specifications, construction, renovation, reconstruction, alteration, improvement, demolition, expansion, repair and furnishings and equipment, for the improvement and the expansion of capacity at state correctional facilities; provided, however, that the costs of professional personnel, excluding clerical and support personnel directly and exclusively involved in the construction, planning, 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 or projects funded herein, including the costs of clerical and support personnel; provided further, that the commissioner of the department of correction shall file an annual spending plan with the house and senate committees on ways and means which details, by subsidiary, all personnel and administrative costs charged to this item; and provided further, that no funds shall be expended from this item for the expansion of the existing Massachusetts correctional institution at Lancaster. `tcol;end

SECTION 17. Section 3 of said chapter 12 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- To meet 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 four hundred eighty-seven million three hundred eight thousand one hundred and eight dollars.

SECTION 18. Notwithstanding the provisions of section thirty of chapter two hundred and sixty-seven of the acts of nineteen hundred and ninety-five to deauthorize items 7508-7871, 7508-7890, 7508-7891 and 7514-7890, said items are hereby reauthorized and the amounts available for expenditure on said items on the effective date of said section shall remain available for expenditure through June thirtieth, nineteen hundred and ninety-six.

SECTION 19. The public agencies, authorities and instrumentalities of the commonwealth are further authorized, in accordance with all applicable state and federal laws and regulations, to exercise all powers and do all things necessary and convenient to carry out the purposes of this act, including, without limitation, entering into such contracts or agreements as are appropriate with other federal, state, local or regional public agencies, authorities and instrumentalities and, to the extent permitted by law, private entities, and the advancing and accepting of monies necessary to carry out such agreements; provided, however, that such public agencies, authorities and instrumentalities of the commonwealth certify to the comptroller the amounts so advanced; provided further, that such agreements contain provisions for the accounting of such monies as expended under such agreement be credited to the account of the department from which they were advanced.

In addition to the foregoing, such public agencies, authorities and instrumentalities are further authorized 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.

SECTION 20. The Massachusetts Water Resources Authority is hereby authorized and directed to undertake a study of the public health need for and the economic benefits of the metrowest water supply tunnel project which will provide transmission redundancy for the existing Hultman aqueduct. Said authority shall file said study report with the clerks of the senate and the house of representatives not later than March thirty-first, nineteen hundred and ninety-six.

SECTION 21. Notwithstanding the provisions of any general or special law to the contrary, on or before August thirty-first, nineteen hundred and ninety-six, the commission established pursuant to chapter eight of the acts of nineteen hundred and eighty-eight shall file a report with the secretary of administration and finance and with the house and senate committees on ways and means detailing the status of the project authorized by said chapter and shall file a schedule which delineates the timetable for the completion of said project.

SECTION 22. There is hereby established within the executive office of economic affairs, a Commercial Fishing Vessel Conversion Loan Fund, hereinafter referred to in this section as the conversion fund. It shall be the objective of the conversion fund to provide a portion of the capital necessary to allow commercial fishing vessels licensed by the commonwealth to convert from present ground fishing capabilities to more inclusive fish harvesting technologies. Any commercial vessel licensed by the commonwealth and owned by a resident of the commonwealth, corporation, or partnership may apply to the executive office of economic affairs for a conversion loan, subject to the following conditions:

(a) The maximum loan provided by the conversion fund for any single vessel shall not exceed one hundred thousand dollars;

(b) Each conversion fund loan shall make its best effort to match the dollar amount from another financing source, the amount of which may be determined by the executive office of economic affairs, with the conversion fund giving priority to loan applications that have received local community or industry funds as a source of matching loan or grant funds;

(c) The conversion fund loan shall be subject to such terms and conditions as may be approved from time to time by the executive office of economic affairs, including, but not limited to, any rules and regulations promulgated to effectuate the purposes of this section.

SECTION 23. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balances of bond funded authorizations which are listed herein shall cease to be available for expenditure on the effective date of this act: 0330-7884, 0332-8811, 0332-8812, 1102-7841, 1102-7847, 1102-7873, 1102-7885, 1102-7896, 1102-8804, 1102-8806, 1102-8814, 1102-8893, 2000-8886, 2120-7848, 2120-7876, 2120-7881, 2120-7883, 2120-9841, 2130-8771, 2130-8772, 2150-7841, 2150-7871, 2150-7875, 2150-7876, 2150-7879, 2150-7883, 2150-7882, 2150-7885, 2150-8845, 2150-8885, 2150-8886, 2150-9845, 2270-8871, 2270-8811, 2270-8812, 3722-9030, 4000-7880, 4536-7880, 4536-7890, 4540-8881, 4540-8882, 5011-8875, 8200-8842, 9200-8870, 9300-2801, 9300-3902.

SECTION 24. The unexpended balance in bond account number 9200-8870 shall cease to be available for expenditure on the effective date of this act. Any authorization to borrow and any guarantee made by chapter four hundred and ninety-one of the acts of nineteen hundred and eighty-six is hereby rescinded. Notwithstanding any general or special law or other requirement to the contrary; a public employer group organized pursuant to sections twenty-five E to twenty-five U, inclusive, of chapter one hundred and fifty-two of the General Laws, and a public employers self-insurance group organized pursuant to chapter forty M of the General Laws, may enter into reinsurance agreements with each other or may merge with each other, with the approval of the board of trustees of each such group and the approval of the commissioner of insurance, and such agreements shall comply with all financial requirements of said statutes.

SECTION 25. Notwithstanding the provisions of any general or special law to the contrary, fifty percent of the unexpended balances remaining in the bond funded items listed herein on the effective date of this act shall cease to be available for expenditure. The remaining fifty percent of said unexpended balances shall be made available to the departments of mental health and mental retardation for the purposes of making emergency repairs or the maintenance of state hospitals and state schools: 5011-7880, 5011-7890.

SECTION 26. There is hereby established within the department of fisheries, wildlife and environmental law enforcement a fisheries marketing council to consist of six members of the general court to be appointed jointly by the senate president and the speaker of the house of representatives three of whom shall represent any portion of Bristol county, three of whom shall represent any portion of Essex county, and seven persons to be appointed by the governor, upon the recommendation of the commissioner of said department, one of whom shall be a resident of Cape Cod, Dukes or Nantucket county; provided, however, that all appointments made by the governor shall be individuals experienced in seafood marketing, management, or harvesting; provided, further, that said council shall advise said commissioner regarding the marketing and promotion of underutilized species of fish caught or harvested by commercial fishermen licensed by the commonwealth, and advise said commissioner regarding the implementation of a comprehensive multi-year marketing strategy designed to support Massachusetts fish and seafood processors; and provided, further, that the commissioner of the department of environmental management or his designee shall serve on the council in an advisory, non-voting capacity.

SECTION 27. The commissioner of the department of fisheries, wildlife and environmental law enforcement and the director of the division of marine fisheries within said department shall make a report to the general court relative to the economic status of the commercial fishing industry in the commonwealth; provided, however, that said report shall include a detailed analysis of depleted fishing stocks, the economic downturn in the fishing industry, existing and potential markets for various fish types landed in the commonwealth, the effect of the downturn in the fishing industry upon the commonwealth's economy as well as regional and municipal economics, including state and local revenue losses, current licensing procedures, recommendations for improving the health of the commercial fishing industry, and drafts of legislation necessary to carry its recommendations into effect. Said commissioner and said director shall consult with the director of the division of fisheries and wildlife to ascertain and develop policies which would ensure a more successful management of the coastal fisheries resources than has been experienced to date. Said report shall be filed with the joint committee on natural resources and agriculture by October first, nineteen hundred and ninety-six.

SECTION 28. The secretary of environmental affairs is hereby authorized and directed to establish the Massachusetts fisheries recovery commission in conjunction with the director of marine studies, technology, and environment at the University of Massachusetts-Dartmouth for the purposes of developing scientific and socioeconomic research for the purposes of facilitating the recovery of the commonwealth's commercial fishing industry. Members of said commission shall include, but not be limited to, the commissioner of the department of fish, wildlife, and environmental enforcement, the commissioner of the department of food and agriculture, the secretary of environmental affairs or their designees, the executive director of the Massachusetts office of business development or his designees, four members of the house of representatives to be appointed by the speaker of the house of representatives, one of whom shall be a member of the minority party, three members of the senate to be appointed by the president of the senate, one of whom shall be a member of the minority party, two individuals engaged in the retail sale of Massachusetts fisheries products, two individuals engaged in the wholesale sale of Massachusetts fisheries products, and not less than ten commercial fishermen, whom shall represent the ports of Gloucester, New Bedford, Boston and Cape Cod.

Said commission shall include additional scientific and research personnel at the discretion of the director of marine studies, technology and environment at the University of Massachusetts at Dartmouth. Said commission shall work in conjunction with the commonwealth's commercial fishing industry to develop scientific and economic development programs.

SECTION 29. (A) Notwithstanding the provisions of section fifty-nine of chapter one hundred and fifty-nine or section one hundred of chapter one hundred and sixty of the General Laws or any other general or special law to the contrary, it is hereby declared that the public necessity and convenience require that vertical clearances on the Massachusetts double stack network shall be increased to at least twenty feet eight inches above top of rail in accordance with the provisions of this section. It is not the intention of this section to use the investment of public funds to transfer existing levels of international container business to facilities located on or off routes hereinafter identified.

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

"Conrail", the Consolidated Rail Corporation.

"Department", the department of highways.

"Double stack train", any train in which at least one intermodal rail car carries two containers, one on top of the other.

"Executive office", the executive office of transportation and construction.

"Fully funded lines", segments of the Massachusetts double stack network eligible for one hundred percent state funding, as designated by the secretary pursuant to subsection (D) and including (i) the Conrail line easterly from the eastern line of the city of Worcester to the existing intermodal facility at Beacon Park Yard, in the city of Boston; (ii) the Boston and Maine Corporation line easterly from the eastern line of the city of Gardner and including the Pleasant Street bridge in the city of Gardner to the existing intermodal facility at Fort Devens in the town of Ayer; and (iii) any other lines that the secretary determines to be necessary to include in the Massachusetts double stack network consistent with the criteria established by said subsection (D).

"Massachusetts double stack network", the interconnected segments of freight rail lines designated for vertical clearance improvements by subsection (C) or the secretary, including but not limited to rail lines owned or operated by Conrail, the Boston & Maine Corporation and the Providence and Worcester Railroad Company.

"Master agreement", an agreement negotiated by the secretary with a participating railroad to finance and effectuate the vertical clearance improvements to the Massachusetts double stack network authorized by this section.

"Participating railroads", railroad corporations entering into master agreements and agreeing to finance at least fifty percent of the vertical clearance improvements made to partnership lines pursuant to the provisions of subsection (E).

"Partnership lines", segments of the Massachusetts double stack network for which public-private financing of vertical clearance improvements are governed by master agreements and including but not limited to (i) the Conrail line from New York/Massachusetts state line to the easterly line of the city of Worcester, (ii) the Boston & Maine line from Vermont/Massachusetts state line to the easterly line of the city of Gardner (iii) and the Providence and Worcester lines in Worcester county; and (iv) any other lines that the secretary determines to be necessary to include in the Massachusetts double stack network consistent with the criteria established by subsection (E).

"Reimbursement charge", a charge of three hundred and fifty dollars per container, carried loaded or empty, by participating railroads over all or a portion of a fully funded line in a double stack train pursuant to the provisions of subsection (G), the collection of which is governed by a master agreement.

"Reimbursement container", a container transported by a double stack track over a fully funded line subject to a reimbursement charge pursuant to the provisions of subsection (G) and not subject to the exemptions established by said subsection (G).

"Secretary", the secretary of the executive office of transportation and construction.

"Vertical clearance improvements", changes to rail grades, overhead highway and bridge grades or combinations of both made to freight rail lines in the Massachusetts double stack network necessary to achieve clearances for double stack trains of at least twenty feet eight inches above the rail track.

(B) The Massachusetts double stack network shall consist of the following routes:

(i) the portion of the line now or formerly owned by Conrail known as the "Boston Line" extending from the New York/Massachusetts state line easterly to the presently existing intermodal facility at Beacon Park Yard in the city of Boston;

(ii) the portion of the line now or formerly owned by the Boston & Maine Corporation known as the "B&M Main Line" extending from the Vermont/Massachusetts state line easterly to the existing Intermodal facility at Fort Devens in the town of Ayer;

(iii) all lines or portions thereof now or formerly owned by Providence and Worcester Railroad Company in Worcester county; and

(iv) any other lines in the commonwealth that the secretary determines are necessary to include in the Massachusetts double stack network based on an evaluation of market needs, engineering feasibility, cost, the availability of funds and financial commitments from the railroad owning or operating such lines; provided, however, that no other lines may be added to the Massachusetts double stack network without the approval of the general court.

(C) The department shall, after a public hearing to be held in Boston, determine the most appropriate and cost-effective means of altering the grade separation of highways and railroad tracks to achieve vertical clearance improvements along the Massachusetts double stack network and shall report its findings to the secretary. The department, in consultation with the appropriate participating railroads, may recommend alteration of the grade of the highway over the railroad track or the alteration of the grade of the railroad track, or a combination thereof. Said recommendations shall be subject to the approval of the secretary, and shall set forth the budget, schedule, sequence, manner and limits of the work at each particular location, which shall be consistent with the terms of and shall constitute the scope of work to be accomplished under a master agreement. Said master agreement may permit a participating railroad to alter the grade or structure of highways at locations where the department has determined that improved clearances may best be obtained by altering the grade of such highway; provided however, that the participating railroad shall perform, or cause to be performed, all work in accordance with plans and specifications approved by the department.

(D) The secretary is hereby authorized to effectuate vertical clearance improvements on the fully funded lines using funds appropriated in item 6000-7967 in section two A of this act subject to (1) the terms and conditions of any applicable master agreement and (2) the written commitment from participating railroads to complete vertical clearance improvements on the partnership lines. Vertical clearance improvements to the fully funded lines shall be eligible for one hundred percent funding by the commonwealth and shall include the segments defined in subsection (A) and any other line that the secretary may determine to be eligible based on an evaluation of market needs, engineering feasibility, cost, and the availability of funds; provided, however, that no other lines may be added to the Massachusetts double stack network without the approval of the general court; provided, however, that of the cost of the vertical clearance improvements on the Conrail line from the western line of the city of Framingham easterly to the existing intermodal facility at Beacon Park Yard, one-half shall be paid by the commonwealth and one-half shall be paid by the Massachusetts Port Authority; and provided, further, that said authority is hereby authorized and directed to make said payment.

(E) The secretary is hereby authorized to effectuate vertical clearance improvements on the partnership lines using state funds appropriated in item 6000-7967 in section two A of this act based on applicable master agreements with participating railroads and the following public-private funding formulas:

(i) for the Conrail partnership line: fifty percent funding by Conrail, with the commonwealth paying a maximum of eighteen million dollars;

(ii) for the Boston & Maine partnership line: fifty percent funding by the Boston and Maine Corporation, with the commonwealth paying a maximum of twenty million dollars; and

(iii) for the Providence and Worcester partnership lines in Worcester county: fifty percent funding by the Providence and Worcester Railroad Company, with the commonwealth paying a maximum of five million five hundred thousand dollars.

The partnership lines shall include the segments defined in subsection (A) and any other line that the secretary may determine to be eligible based on an evaluation of market needs, engineering feasibility, cost, and the availability of funds; provided, however, that no other lines may be added to the Massachusetts double stack network without the approval of the legislature. Any cost overruns in excess of the maximum state investment set forth in this subsection for partnership line projects shall be borne by the participating railroad.

(F) Funds appropriated for vertical clearance improvements in said item 6000-7967 in said section two A shall not be expended for the replacement or reconstruction of overhead highway bridges along fully funded lines or partnership lines which currently are, or are in the future, placed on the federal highway administration selection list, so-called, and are included in the commonwealth's approved federally-funded statewide transportation improvement program; provided, however, that such funds may be expended for the state's share of the incremental work deemed by the department necessary for the purpose of achieving the vertical clearance improvements required by this act.

Where an overhead bridge is being replaced, repaired or rehabilitated by a participating railroad or the commonwealth solely to provide for the vertical clearance improvements required by this act, the party responsible for any such work which is not federally reimbursable shall be responsible for the cost of engineering, design and construction associated with achieving the required vertical clearance. Said work may include the raising of the bridge structure or the lowering of the track structure or both, as deemed most practical by the department, in consultation with the participating railroad.

(G) To accomplish the objectives of public investment in fully funded lines, the secretary shall require payment by a participating railroad of a reimbursement charge, provided that no reimbursement charge shall be collected:

(i) for containers handled for the account of either (a) a steamship line, or (b) a steamship line's agents or subsidiaries moving equipment of a type accepted by the steamship line for movement in its ocean vessels; and

(ii) such containers have immediately prior to or subsequent to passage over the fully funded line been shipped via a maritime port facility located in the commonwealth.

The reimbursement charge shall be adjusted annually by increases or decreases in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers.

The reimbursement charge shall apply to all containers, whether or not said containers are actually double stacked, that are transported by a double stack train over a fully funded line, with the exception of containers that meet the criteria set forth in clauses (i) and (ii).

Reimbursement charges shall be paid by the railroad handling reimbursement containers and shall be in effect for a period of fifteen years from the date of completion of vertical clearance improvement on the particular route, segment or line, or until fifty percent of the commonwealth's investment in fully funded lines has been recovered by the payment of reimbursement charges by the appropriate participating railroad; provided, however, that reimbursement charges shall not be charged to a railroad for that number of container movements, loaded or empty, to Beacon Park or Fort Devens, as the case may be, equal to the number of such containers handled by such railroad in nineteen hundred and ninety-three, plus five percent, that would have been have subjected to the reimbursement charge had they moved in a double stack train. This number shall be adjusted annually by an appropriate index reflecting economic growth in New England, and as set forth in the master agreement.

(H) Before expending funds authorized for state participation in accomplishing vertical clearance improvements on the fully funded lines and the partnership lines, the secretary is authorized and directed to enter into "master agreements" with participating railroads. Each master agreement shall establish all provisions necessary to accomplish the objectives of this section, including:

(i) the procedures to accomplish clearance improvements in such a manner so as to prevent one participating railroad from securing a competitive advantage over another participating railroad as a result of the commonwealth's timing of the clearance improvements;

(ii) terms and conditions which shall be included in force account agreements for work to be performed by the railroads and reimbursed by the commonwealth;

(iii) terms and conditions to require that the participating railroads shall protect the utility of the commonwealth's investment in double stack container freight clearances for a period of not less than twenty years, including such provisions as may be required to provide for reimbursement to the commonwealth for the full value of the improvements by the participating railroad in the event of a default of this provision;

(iv) terms and conditions for payment of the participating railroads' contribution, including but not limited to remedies in the event a participating railroad defaults in its payment obligation, including an agreement enforceable by the commonwealth and the participating railroads that a defaulting railroad shall not operate any railroad equipment which utilizes the clearance improvements built in whole or in part with state funds until the default has been cured;

(v) a legal and binding commitment by the appropriate participating railroads to pay the reimbursement charge;

(vi) terms and conditions for payment of the reimbursement charge, including audit and reporting procedures for the enforcement thereof by the commonwealth and the participating railroads;

(vii) terms and conditions for financial disclosures demonstrating the participating railroads' ability to pay the required share of costs, which may include the posting of a performance bond for clearance improvements at certain structures;

(viii) necessary agreements among the participating railroads; and

(ix) necessary agreements among state agencies and authorities required to accomplish the objectives of this act, including, without limitation, consultation and agreement between the department and the Massachusetts water resources authority ensuring that the design and construction of vertical clearance improvements on that section of the Massachusetts double stack network that includes the Conrail line easterly from the eastern line of the city of Worcester to the existing intermodal facility at Beacon Park Yard in the city of Boston will not directly or indirectly, interfere with the design and construction of the Framingham extension relief sewer in the Conrail right-of-way in Framingham and Natick by said authority or will in any manner delay said authority's execution of the Framingham extension relief sewer project in compliance with the terms and conditions of the administrative order issued by the United States environmental protection agency on June second, nineteen hundred and ninety-four; and

(x) with respect to Conrail only, a legal and binding commitment that Conrail will not abandon any rail lines within the commonwealth which as of January first, nineteen hundred and ninety-five, Conrail owned or operated under rights from the commonwealth or the Massachusetts Bay Transportation Authority, for a period of fifteen years from the date of completion of vertical clearance improvement on its lines.

Each master agreement shall also give the executive office, or its designee, the right to inspect, examine, and audit all financial books, records and accounts of the participating railroads relating to the project. Participating railroads shall maintain and make available such additional financial, accounting and operational records relating to the master agreement as may be required to enable the executive office to comply with the reporting requirements of any governmental entity having regulatory or financial oversight of the executive office of transportation and construction's rail activity.

The secretary shall file with the joint committee on transportation the master agreement entered into with each participating railroad and shall report to the committee no later than the last Wednesday of December of each year on the status of the Massachusetts double stack network, including, but not limited to a list of participating railroads, the timetable for completion of the improved clearances, the amount expended by each participating railroad and by the commonwealth for the implementation of the Massachusetts double stack network, and any significant changes to the master agreements.

(I) A railroad company's decision to defer clearance improvements during the five-year period during which the funds authorized herein may be expended, or to not participate in the clearance improvement program, shall not cause another participating railroad to be deemed to (a) have received an unfair subsidy from the public investment in clearance improvements or (b) have a competitive advantage over such non-participating or participating railroad.

(J) The secretary is hereby authorized and directed, subject to the approval of the secretary of administration and finance, to reimburse the department of highways, the Massachusetts Bay Transportation Authority, and any other political subdivision of the commonwealth for expenses incurred in meeting the objectives of this section, from funds made available pursuant to item 6000-7967 in section two A of this act. The executive office of transportation and construction and the department of highways and the Massachusetts Bay Transportation Authority shall apply for and accept any federal funds available for improvements to said department's or said authority's assets for the purposes of this act.