As of April 18, 2014
The House and Senate have done final enactment of H4046 which is the conference committee report of the Transportation Bond Bill. Today Governor Patrick signed the bill $12.7 billion bill into law
Summary of Bill
The bill includes the requisite bond terms, which have historically been included in a separate bill filed by a Governor after a bond bill becomes law. Since this language is in the bond bill itself, there are no more technical legislative actions needed.
Some key provisions
The Conference Committee has provided this section by section summary of the bill.
Conference Committee
TBB Section-by-Section
SECTION 1. Scope and purpose of the bill
SECTION 2. Highway Division
6121-1314 for projects on the interstate and non-interstate federal highway system
.............................................................. $1.9 billion
SECTION 2A. Highway Division
6151-1317 for non-federally-aided road and bridge projects; $1,405,549,373 in earmarks
.......................................................$2,978,603,273
6121-1318 for complete streets program established in section 7 of this act
..............................................................$50 million 6122-1224 for Chapter 90 funding for municipalities for 1 year
........................................................... $300 million
EOEE Dept. of Conservation and Recreation
2890-7020 for design, construction, repair, improvement of DCR parkways, boulevards and related accessories and equipment
............................................................ $125 million
SECTION 2B. Rail and Transit Division
6622-1305 for transportation facilities, highway systems, and urban development plans, and for the purchase and rehab of rolling stock
............................................................$350 million
6622-1382 for the mobility assistance program and regional intercity bus and intermodal service
..............................................................$24 million
6622-1380 for rail transportation projects, including the rail access program, for planning, design, engineering, etc.
............................................................. $80 million
SECTION 2C. MBTA
6621-1308 for planning, design, engineering, construction, etc. for heavy rail, light rail and bus projects including the Red, Orange and Green Line and system-wide bus service, and rehab of heavy and other maintenance equipment; final assembly consideration for the effect the proposal will have on job creation and retention and foster economic development
..............................................................$2.5 billion
SECTION 2D. Aeronautics Division
6820-1301 for the airport improvements program; $25 million earmark for the New Bedford Airport
..............................................................$89 million
SECTION 2E. RMV
6420-1317 for RMV modernization and improvements; RMV to obtain an assessment for IV&V and independent project management oversight for the RMV modernization and improvement program
..............................................................$63 million
SECTION 2F. Rail and Transit Division
6622-1381 South Coast Rail including $100 million mitigation earmark via the mitigation program in section 38
$2.3 billion
6622-1382 Green Line Extension
........................................................$1,327,517,000
6622-1383 South Station; earmark for $25 million for South Boston Waterfront Improvements
............................................................$325 million
6622-1384 Springfield to Worcester, Boston to Cape Cod, Pittsfield to NYC rail service
............................................................ $175 million
6622-1385 for the implementation of the Knowledge Corridor Rail Line service improvements
..............................................................$30 million
6622-1386 for updating the Draft Environmental Impact Statement & Report for the North South Rail Link for right of way................................................................$2 million
SECTION 2G. MDOT Office of the Secretary
6720-1307 for information technology expenses and development of an asset management system; $5 million earmark for technology upgrade and intelligent transportation systems upgrades in Boston
.........................................................$146.5 million
SECTION 3. Inserts new Chapter 90 reform to Chapter 6C, Section 4 of MGLs preventing munis from carrying forward more than 50% of allocated funds year to year unless they submit to DOT a 5-year spending outline.
SECTION 4. Inserts to Chapter 6C, Section 4 of MGLs, prelim notice for Chapter 90 funds to munis no later than March 1st of every year.
SECTION 5. Requires the annual MassDOT report on fiscal year projects to be made available on the department’s website.
SECTION 6. Utility Relocation Reimbursement
SECTION 7. Amends the definition of “design-build-finance-operate-maintain” as it relates to Public-Private Partnerships.
SECTION 8. Retainage. Makes retainage optional in contracts so that MassDOT can opt out and be in compliance with Federal laws.
SECTION 9. Complete Streets Program. Separate chapter of the GLs to encourage munis to regularly and routinely include complete streets design elements and infrastructure on locally funded roads. Certified munis will be eligible to receive funding. Creates an Advisory Committee to assist in the development of rules, regs, and guidelines for the program. Department submit a report on the progress of the program by April 1st every year, and will be available on the website.
SECTION 10. Fare Evasion. Doubles the fines for evading to pay on the MBTA and Commuter Rail.
SECTION 11. Requires MassDOT to make preliminary and final itemized budget available on the website.
SECTION 12. Steamship Authority. Increases the bond limit from $75 million to $100 million.
SECTION 13-15. South Boston Land Transfer. Amends certain subsections of 2010 legislation (Section 6 of Chapter 153 of the acts of 2010) that authorized the transfer of certain parcels owned by the MBTA and DCR to Massport, to specify that the MBTA would receive fair market value compensation for the transfer of the parcels. It is estimated that this law change will result in additional $6-7M in one time revenue for the MBTA. Massport started discussions with MBTA staff in 2009 about the transfer of several parcels from the MBTA to Massport for the purpose of securing the right-of-way on which Massport plans to construct a portion of the planned Conley Terminal Dedicated Freight Corridor (CTDFC). The 2010 legislation did not include provisions that the MBTA would be compensated for this transfer.
SECTION 16. Directs the State Treasurer to issue bonds for amounts authorized in section 2, 2B, 2C, 2D, 2E, 2F, for a term not to exceed 30 years, payable not later than June 30, 2049.
SECTION 17. Directs the State Treasurer to issue bonds for amounts authorized in items 6121-1317 (highway division with earmarks), 6121-1318 (complete streets program), 2890-7020 (DCR) of section 2A for a term not to exceed 30 years, payable not later than June 30, 2049.
SECTION 18. Directions the State Treasurer to issue bonds for amounts authorized in item 6122-1224 (Chapter 90) in section 2A for a term not to exceed 20 years, payable not later than June 30, 2039.
SECTION 19. Directs the State Treasurer to issue bonds for amounts authorized in section 2G (DOT IT) for a term not to exceed 10 years, payable not later than June 30, 2029.
SECTION 20. Allows the Treasurer to issue special obligation bonds for the amount authorized in section 2C and 2F (heavy & light rail, bus projects, South Coast Rail, Green Line extension, South Station, Springfield-Worcester/ Boston-Cape/ Pittsfield-NYC, Knowledge Corridor, NS Rail Link). Requires the Governor to take into account prevailing market conditions, ratings, and trust agreements and/or credit enhancement agreements.
SECTION 21. Authorizes DOT to enter into contracts with other appropriate federal, state, local, and regional public agencies or authorities, in order to carry out the purposes of this act.
SECTION 22. Eligible Projects. (a) Lists types of projects eligible for funding under this act. Planning for projects funded by sections 2 and 2A shall give consideration for bicycle and walking use as well as environmental and other issues (water supplies, traffic, school zones, housing). (b) Funds authorized in section 2A shall be subject to Chapter 718 of the Acts of 1956, the first paragraph of section 6, and Sections 7 and 9. (c) Authorizes DOT to use funds to acquire land via eminent domain for parking and van-type vehicles for use as multi-passenger, commuter-driven carpools and high occupancy vehicles (including water taxi). (d) Authorizes DOT to enter contracts or agreements with cities to mitigate effects of projects under this act; and to undertake additional transportation measures in the city and enter contracts or agreements with public groups to implement them. DOT may provide funding to these groups, without prior expenditure, to carry out agreements insofar as the DOT certifies to the comptroller the amount advanced and that money not expended are credited to the account of the DOT. DOT shall report to House and Senate Committees on Ways and Means regarding transfers completed. Report to House and Senate Ways and Means.
SECTION 23. Authorizes DOT to take actions to secure federal highway or transportation assistance under Title 23, the Surface Transportation Act of 1987, Pub. L. 100-17, the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. 102-240, the Transportation Equity Act for the 21st Century, Pub. L. 105-178, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. 109-59, Implementing Recommendations of the 9/11 Commission Act of 2007, Pub. Law 110-53, and subsequent legislation.
SECTION 24. DOT Environmental Precautions. Defines “bridge” and exempts bridge projects of the DOT and MBTA from the requirements of MGL Chapter 30, sections 61, 62A – 62I and MGL Chapter 91, and MGL Chapter 131, section 40. However, if the project requires a mandatory environmental impact report under 301 CMR 11.00, then MGL Chapter 30 section 61 and sections 62A-62I apply and the work shall be subject to the requirements of DOT’s Stormwater Handbook and section 401 of the Federal Clean Water Act; if a bridge crosses over a railroad right-of-way or tracks, DOT shall seek the opinion of the railroad company; and if a flagman is needed, the railroad company shall provide the flagman.
SECTION 25. Reauthorization. Unexpended balances of all capital accounts authorized in previous bond bills (chapter 86 of the acts of 2008, chapter 233 of the acts of 2008, chapter 303 of the acts of 2008, chapter 10 of the acts of 2011, chapter 133 of the acts of 2012, and chapter 242 of the acts of 2012) which would otherwise revert on 6/30/13 but are necessary to fund obligations for FY14 are reauthorized through 6/30/14.
SECTION 26. Price Adjustment Clause
SECTION 27. Quincy Center Station Redevelopment Program.
SECTION 28. Charlestown Maritime Area Designation.
SECTION 29. New Bedford State Pier. Directs the secretary of transportation and the secretary of energy and environmental affairs to jointly submit a report regarding the capital and operating needs of the New Bedford State Pier by August 15, 2014.
SECTION 30. MPO Commission. Metropolitan Planning Organization Special Commission to study: (1) the current metropolitan planning organizations’ process; (2) potential ways to simplify and streamline the administration and project selection process; (3) ways to better coordinate between regional metropolitan planning organizations; (4) the potential for the creation of sub-regions; and (5) best practices and models from other states’ regional planning organizations. Commission report by October 31, 2014 and made available on the website.
SECTION 31. Designates South Station to be named “The Governor Michael S. Dukakis Transportation Center at South Station.”
SECTION 32. North South Rail Link. Instructs DOT, Turnpike Authority and MBTA to conduct a study to ID and map the necessary right of way to allow for the construction of the proposed North South Rail Link.
SECTION 33. Requires MassDOT’s report to the Legislature on their activities to be made available on the website.
SECTION 34. Regular Reporting Required. The Secretary of ANF and the Secretary of Transportation shall submit a report on the progress of any projects funded through this legislation and included in the DOT 5-year CIP to the House and Senate Clerks, the House and Senate Committees on Ways and Means, and the Senate and House Chairs of Bonding, Capital Expenditures and State Assets. Report shall include the previous year planned spending, previous year spending, current year planned spending, current year spending to date, original estimated total project cost, project description and location of the project. The report shall be submitted June 30 and December 31 of each year for 8 years after the effective date of this Act. The report must be made available on the website.
SECTION 35. Terms Bill Language. All bond terms shall be 30 years unless otherwise specified; all bonds shall be payable not later than June 30, 2049, as recommended by the Governor in a message to the general court dated March 3, 2014.
SECTION 36. Allows the MBTA to acquire land, develop, construct and maintain permanent transit storage and repair facility at or within 2 miles from the Arborway yard.
SECTION 37. Allows MassDOT to purchase land for phase II of state highway route 57 project in Agawam.
SECTION 38. South Coast Rail Community Mitigation Program. Program is for communities directly impacted by the project. MassDOT will disperse funds to communities to mitigate the negative impacts of the project. Impacted communities must apply to the department to receive mitigation funds and must demonstrate a clear need to address harms caused by the project. Report filed by DOT annually by December 15th and made available on the website.
SECTION 39. MBTA provide weekend service on the Kingston/Plymouth Line.
SECTION 40. MassDOT toll collector incentive retirement program
SECTION 41. Appropriations for sections 2A, 2C, and 2F of the bond shall be made available June 30 of the calendar year in which the appropriation is made. Any encumbrances outstanding at the close of the 10 years may be applied to payment thereafter, with the unencumbered balance to revert to the Commonwealth at the end of the 10th fiscal year.
SECTION 42. Effective date for toll collector’s retirement program established in section 40 is June 30, 2016, or the last day of manual toll collection on the turnpike, whichever is later.
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