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Form a Business

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

M.G.L. pt. Part I, tit. Title II, ch. c. 6C
in effect

M.G.L. c. 6C, § 1 Definitions

c. 6C, § 1. Definitions Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Board'', the board of directors of the Massachusetts Department of Transportation established pursuant to section 2. ''Boston extension'', all roadways and tunnels for vehicular traffic that constitute that portion of interstate highway route 90 beginning at and including the interchange of interstate highway route 90 and state highway route 128 in the town of Weston and ending in the city of Boston at the interchange of interstate highway route 90 and interstate highway route 93 and such additional highway and bridge components as the general court may from time to time determine and including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter. ''Callahan tunnel'', the tunnel for vehicular traffic constructed under chapter 598 of the acts of 1958 between the North End section of the city of Boston and the East Boston section of said city and including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such tunnel as are necessary for its safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter. ''Central artery'', all roadways and tunnels for vehicular traffic constructed by the highway division that constitute that portion of interstate highway route 93 beginning at a point immediately south of the Southampton street interchange, so-called, and continuing to and including the interchange of interstate highway route 93 and Massachusetts avenue in the South End section of the city of Boston and continuing to and including the interchange of interstate highway route 90 and interstate highway route 93 in the South Bay section of the city of Boston, so-called, and continuing to and including the interchange of state highway route 1 and interstate highway route 93 in the Charlestown section of the city of Boston including, but not limited to, the so-called Charles river crossing portion of interstate highway route 93 and such additional highway and bridge components as the general court may from time to time determine, but excluding the central artery north area. ''Central artery'' shall also include such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter. ''Central artery north area'', all roadways and tunnels for vehicular traffic constructed by the highway division consisting of a portion of state highway route 1 beginning at, but not including, the southern boundary of the Tobin memorial bridge and continuing to the interchange of interstate highway route 93 and state highway route 1, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter. ''Cost'', as applied to any project of the department any or all costs, whenever incurred, of carrying out and placing such projects in operation, including, without limiting the generality of the foregoing, amounts for the following: acquisition, construction expansion improvement and rehabilitation of facilities; acquisition of real or personal property; demolitions and relocations; labor, materials, machinery and equipment; services of architects, engineers and environmental and financial experts and other consultants; feasibility studies, plans, specifications and surveys; interest prior to and during the carrying out of any project and for a reasonable period thereafter; reserves for debt service or other capital or current expenses; costs of issuance; and working capital, administrative expenses; legal expenses and other expenses necessary or incidental to the aforesaid, to the financing thereof and to the issuance therefor of bonds under this chapter. ''Costs of issuance'', any amounts payable or reimbursable directly or indirectly by the department and related to the sale and issuance of bonds and the investment of the proceeds thereof and of revenues securing the same including, without limiting the generality of the foregoing, printing costs, filing and recording fees, fees and charges of trustees, depositories, authenticating agents and paying agents, legal and auditing fees and charges, financial consultant fees, costs of credit ratings, premiums for insurance of the payment of bonds and fees payable for letters or lines of credit or other credit facilities securing bonds, underwriting or placement costs, fees and charges for execution, transportation and safekeeping of bonds, costs and expenses of refunding and other costs, fees and charges in connection with the foregoing. ''Current expenses'', the department's current expenses, whether or not annually recurring, of maintaining, repairing and operating the assets under the possession, custody and control of the department and engaging in other activities authorized by this chapter including, without limiting the generality of the foregoing, amounts for administrative expenses of the department including costs of salaries and benefits, as provided in this chapter, cost of insurance, payments for engineering, financial, accounting, legal and other services rendered to the department, taxes upon the department or its income, operations or property and payments in lieu of such taxes, costs incurred or payable by the department with respect to the assets under the possession, custody and control of the department, costs of issuance not financed in the cost of a project, and other current expenses required or permitted by law to be paid by the department, including the funding of reasonable reserves for upgrading, maintenance, repair, replacements, insurance, emergency contingencies or operations. ''Department'', the Massachusetts Department of Transportation established in section 2. ''Designated parkways,'' McGrath and O'Brien Highways in the cities of Cambridge and Somerville, the Carrol parkway, Middlesex avenue in the city of Medford, William Casey highway overpass in the Jamaica Plain section of the city of Boston, Columbia road in the South Boston section of the city of Boston, Morton Street in Boston and Gallivan boulevard in the Dorchester section of the city of Boston, all formerly operated and maintained by the department of conservation and recreation. ''Fund'', the Massachusetts Transportation Trust Fund established in section 4. ''Independent agencies'', shall include, but not be limited to, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority and the regional transit authorities established in chapter 161B. ''Massachusetts Port Authority'', the Massachusetts Port Authority established pursuant to chapter 465 of the acts of 1956. ''Massachusetts Bay Transportation Authority'', the Massachusetts bay transportation authority; established by chapter 161A. ''Maurice J. Tobin Memorial Bridge'', the bridge formerly known as the Mystic River Bridge in the cities of Chelsea and Boston. ''Metropolitan highway system'', the integrated system of roadways, bridges, tunnels, overpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the department owns, constructs or operates and maintains pursuant to this chapter which consists of the Boston extension, the Callahan tunnel, the central artery, the central artery north area, the Tobin memorial bridge, the Sumner tunnel and the Ted Williams tunnel and any additional highway, tunnel and bridge components as the general court may from time to time determine. ''Metropolitan highway system revenues'', (i) all rates, fees, tolls, rentals or other charges and other earned income and receipts as derived from or with respect to the ownership, operation, lease, rent or other use or disposition of the metropolitan highway system or any part thereof; and (ii) all other funds received by the department, from whatever source, relating to the metropolitan highway system. ''Notes or bonds'', the notes, bonds or other evidences of indebtedness of the department issued pursuant to this chapter. ''Revenues'', all charges and other receipts derived by the department from operation of the assets under the possession, custody and control of the department and all other activities or properties of the Office of Planning and Programming including, without limiting the generality of the foregoing, proceeds of grants, gifts or appropriations to the department, investment earnings and proceeds of insurance or condemnation and the sale or other disposition of real or personal property. ''Secretary'', the secretary of the Massachusetts Department of Transportation. ''State agencies'', shall include, without limitation, the department, the department of conservation and recreation and such other state agencies as may be involved in transportation related functions from time to time. ''State highway system'', all roadways, bridges, tunnels, overpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the department owns, constructs or operates and maintains pursuant to this chapter, including the designated parkways, and any additional highway, tunnel and bridge components as the general court may from time to time determine. ''State public transit system'', all publicly funded modes of transportation, but not including roads and bridges. ''Sumner tunnel'', the vehicular tunnel under Boston harbor, heretofore constructed and financed by the city of Boston under chapter 297 of the acts of 1929, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such tunnel as are necessary for its safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter. ''Ted Williams tunnel'', all or any segments of the roadways, bridges, viaducts and tunnels for vehicular traffic constructed by the highway department that constitute the interstate highway route 90 extension and its connecting roadways and tunnels, including: (i) the harbor tunnel crossing beneath Boston harbor, beginning at and including the interchanges of state highway route 1A and the Logan airport access and egress roadways with interstate highway route 90 and continuing beneath Boston harbor to and including the interchange of interstate highway route 90 and South Boston bypass road, but excluding the Logan airport access and egress roadways owned by the Massachusetts Port Authority on March 1, 1997 and any additional access and egress roadways acquired by the Massachusetts Port Authority after March 1, 1997; (ii) the seaport access highway, so-called, beginning at the interchange of interstate highway routes 90 and 93 and continuing to the interchange of interstate highway route 90 and South Boston bypass road; and (iii) South Boston bypass road, a portion of which is also known as South Boston haul road, beginning at the interchange of interstate highway route 93 and South Boston bypass road and continuing to the interchange of the seaport access highway, so-called, in the South Boston section of the city of Boston, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased by the highway department in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter. ''Turnpike'', the limited access express toll highway, designated as interstate highway route 90, and all bridges, tunnels, overpasses, underpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the department may own, construct or operate and maintain pursuant to this chapter and any additional highway, tunnel and bridge components as the general court may from time to time determine, extending from the town of West Stockbridge on the commonwealth's border with New York state to, but not including, the interchange of interstate highway route 90 and state highway route 128 in the town of Weston. ''Turnpike corridor'', the cities and towns of the commonwealth from the New York state border to state highway route 128 through which the turnpike runs and municipalities contiguous to such cities and towns. ''Turnpike revenues'', (i) all rates, fees, tolls, rentals or other charges and other earned income and receipts derived from or with respect to the ownership, operation, lease, rent or other use or disposition of the turnpike or any part thereof; and (ii) all other funds received by the department, from whatever source, relating to the turnpike.

M.G.L. c. 6C, § 2 Creation; board of directors; officers and employees

c. 6C, § 2. Creation; board of directors; officers and employees Section 2. (a) There is hereby created a body politic and corporate to be known as the Massachusetts Department of Transportation. The department is hereby constituted a public instrumentality and the exercise by the department of the powers conferred by this chapter shall be considered to be the performance of an essential governmental function. The department is hereby placed in the executive office of the governor but shall not be subject to the supervision or control of said office, or of any board, bureau, department or other center of the commonwealth, except as specifically provided in this chapter. (b) The department shall be governed and its corporate powers shall be exercised by a board of directors. The board shall consist of 11 members, including the secretary of transportation, who shall serve ex officio as chair. The governor shall appoint 10 members: 1 of whom shall be a rider, as defined in section 1 of chapter 161A; 1 of whom shall have experience in the field of public or private finance; 1 of whom shall have experience in transportation planning and policy; 1 of whom shall have experience in civil engineering; 1 of whom shall have experience in the field of public or private finance or transportation planning and policy; 1 of whom shall have municipal government experience in 1 of the fourteen cities and towns, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in 1 of the 51 cities and towns, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in 1 of the other served communities, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in a city or town not part of the area constituting the authority, as defined in said section 1 of said chapter 161A; and 1 of whom shall be a representative of a labor organization selected from a list of 3 nominees provided by the Massachusetts State Labor Council, AFL–CIO. Four of the members, other than the chair, shall serve for terms that are coterminous with the governor; provided, however, that at least 3 of the coterminous members shall have experience in transportation policy, public finance or civil engineering and at least 1 of the coterminous members shall be a rider. The 6 remaining members appointed by the governor shall serve for terms of 4 years. Not more than 6 of the directors, not including the chair, shall be members of the same political party. The directors, with the exception of the chair, shall serve without compensation but may be reimbursed for actual and necessary expenses reasonably incurred in the performance of their duties, including reimbursement for reasonable travel; provided, however, that reimbursement shall not exceed $3,000 annually per director. A person appointed to fill a vacancy in the board of directors shall serve only for the unexpired term of the former member. A director shall be eligible for reappointment. A director may be removed by the governor for cause. The board shall annually elect 1 of the directors to serve as vice-chair. (c) A majority of directors shall constitute a quorum and the affirmative vote of a majority of directors present at a duly called meeting, if a quorum is present, shall be necessary for any action to be taken by the board. Any action required or permitted to be taken at a meeting of the directors may be taken without a meeting if all of the directors' consent in writing to such action and such written consent is filed with the records of the minutes of the meetings of the board. Such consent shall be treated for all purposes as a vote at a meeting. Each director shall make full disclosure, under subsection (d), of his financial interest, if any, in matters before the board by notifying the state ethics commission, in writing, and shall abstain from voting on any matter before the board in which he has a financial interest, unless otherwise permissible under chapter 268A. (d) Chapters 268A and 268B shall apply to all ex-officio directors or their designees and employees of the department. Said chapters 268A and 268B shall apply to all other directors of the department, except that the department may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with any person in which any director of the department is in any way interested or involved; provided, however, that such interest or involvement is disclosed in advance to the members of the board and recorded in the minutes of the board; and provided, further, that no director having such an interest or involvement may participate in any decision of the board relating to such person. Employment by the commonwealth or service in any agency thereof shall not be deemed to be such an interest or involvement. (e) The governor shall have the power to appoint and employ a secretary of the department, whose term of service shall be coterminous with the term of the governor, and to fix his compensation and conditions of employment. The secretary shall be the chief executive, administrative and operational officer of the department and shall direct and supervise the administrative affairs and the general management of the department. The secretary shall work in collaboration with a disabled rider advocate who advocates on behalf of individuals with disabilities to ensure that the interests of the community are fully understood and considered. The secretary shall select a disabled rider advocate who is mobility impaired, has a family member who is mobility impaired, is a caretaker of a person who is mobility impaired or represents an organization that serves the needs of individuals with physical disabilities. The secretary shall appoint and employ a chief financial and accounting officer and may, subject to the general supervision of the board, employ other employees, consultants, agents, including legal counsel and advisors, and shall attend meetings of the board. The chief financial and accounting officer of the department shall be in charge of its funds, books of account and accounting records. No funds shall be transferred by the department without the approval of the board and the signatures of the chief financial and accounting officer of the department. (f) The board shall bi-annually elect 1 of its members as treasurer and 1 of its members as secretary. The secretary of the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed by the board and of its minute book and seal. The secretary of the board shall cause copies to be made of all minutes and other records and documents of the department and shall certify that such copies are true copies, and all persons dealing with the department may rely upon such certification. (g) All officers and employees of the department having access to its cash or negotiable securities shall give bond to the department at its expense in such amounts and with such surety as the board may prescribe. The persons required to give bond may be included in 1 or more blanket or scheduled bonds. (h) Board members and officers who are not compensated employees of the department shall not be liable to the commonwealth, to the department or to any other person as a result of their activities, whether ministerial or discretionary, as such board members or officers except for willful dishonesty or intentional violations of law. Neither members of the department nor any person executing bonds or policies of insurance shall be liable personally thereon or be subject to any personal liability or accountability by reason of the issuance thereof. The board of directors may purchase liability insurance for board members, officers and employees and may indemnify such persons against claims of others. (i) The department shall continue as long as it shall have bonds or insurance or guarantee commitments outstanding and until its existence is terminated by law. Upon the termination of the existence of the department, all right, title and interest in and to all of its assets and all of its obligations, duties, covenants, agreements and obligations shall vest in and be possessed, performed and assumed by the commonwealth. (j) Any action of the department may take effect immediately and need not be published or posted unless otherwise provided by law. Meetings of the department shall be subject to section 11A1/2 of chapter 30A, except that said section 11A1/2 shall not apply to any meeting of members of the department serving ex officio in the exercise of their duties as officers of the commonwealth so long as no matter relating to the official business of the department is discussed and decided at the meeting. The department shall be subject to all other provisions of said chapter 30A, and records pertaining to the administration of the department shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the department shall be considered to be public funds for purposes of chapter 12A. (k) The board shall adopt a written policy providing for the delegation in writing of any of its powers and duties under this section, section 3 and section 3 of chapter 161A; provided, however, that the policy shall include a requirement that the board shall only review contracts valued at $15,000,000 or more.

M.G.L. c. 6C, § 3 Powers

c. 6C, § 3. Powers Section 3. The department shall have all powers necessary or convenient to carry out and effectuate its purposes including, without limiting the generality of the foregoing, the power to: (1) adopt and amend by-laws, regulations and procedures for the governance of its affairs and the conduct of its business for the administration and enforcement of this chapter; provided, however, that regulations adopted by the department shall be adopted pursuant to chapter 30A; (2) adopt an official seal and a functional name; (3) exercise any powers necessary for the commonwealth to be in compliance with 23 U.S.C. section 302; (4) maintain offices at places within the commonwealth as it may determine and to conduct meetings of the department in accordance with the by-laws of the department and the second paragraph of section 59 of chapter 156B; (5) direct, operate, administer and implement the programs of roadway, general aviation, rail and transit, and vehicular registration and regulation and, in cooperation with the office of planning and programming for the design, construction, repair, maintenance, capital improvements, development, and planning of the transportation facilities throughout the department, as appropriate; (6) direct, coordinate and supervise the administration of the department to promote economy and efficiency and to leverage federal funding and private sector investment; (7) develop and administer a long-term statewide transportation plan for the commonwealth, in conjunction with the executive office of administration and finance, that includes planning for intermodal and integrated transportation; (8) develop and administer procedures to be used for transportation project selection; (9) establish criteria, including criteria to reduce greenhouse gases, for project selection for use in the procedures developed pursuant to clause (7); (10) enter into agreements and transactions with federal, state and municipal agencies and other public institutions and private individuals, partnerships, firms, corporations, associations and other entities on behalf of the department; (11) institute and administer the Massachusetts Transportation Trust Fund for the purposes of making appropriations, allocations, grants or loans to leverage development and investments in transportation investment; (12) sue and be sued in its own name, plead and be impleaded; (13) own, construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the state highway system, the metropolitan highway system and the turnpike, or any part thereof; provided, however, that chapter 91 shall not apply to the department, except for any parts or areas thereof subject to said chapter 91 on March 1, 1997; (14) acquire sites abutting the state highway system, the metropolitan highway system or the turnpike, and to construct or contract for the construction of buildings and appurtenances for gasoline stations, restaurants, parking facilities, tourist information centers and other services and to lease such facilities in such manner and under such terms as it may determine; (15) issue notes or bonds for any of its corporate purposes related to the turnpike payable solely from turnpike revenues or portions thereof pledged for their payment and to refund its notes or bonds pertaining to the turnpike or any part thereof or payable from such revenues, as provided in this chapter; (16) issue notes or bonds for any of its corporate purposes related to the metropolitan highway system payable solely from the metropolitan highway system revenues or portions thereof pledged for their payment and to refund its notes or bonds pertaining to the metropolitan highway system or any part thereof or payable from such revenues, as provided in this chapter; (17) issue bonds, notes and other evidences of indebtedness as provided in this chapter; (18) fix and revise from time to time and charge and collect tolls for transit over the metropolitan highway system and the turnpike; provided, however, that it shall furnish upon request to a user of the metropolitan highway system and turnpike a toll receipt showing the amount of toll paid, the classification of the vehicle, the date of payment and place of exit from said metropolitan highway system and turnpike; provided, further, that prior to revising the toll structure, the department shall publish a report on its website that sets forth the fiscal alternatives that were examined in lieu of revising the toll structure and detail the reasons why such alternatives were not viable fiscal options; provided further, that the department shall convene at least 2 public hearings, each to be held in a community within the turnpike corridor or within the metropolitan highway system, as appropriate, at least 30 days before the effective date of any proposed change in toll structure on the turnpike or metropolitan highway system, as appropriate, and shall allow for a 2–week comment period after each such hearing; during which written testimony and comments shall be accepted; (19) appoint officers and employees and to engage accountants, architects, attorneys, engineers, planners, real estate experts and other consultants as may be necessary in its judgment to carry out the purposes of this chapter and fix their compensation; provided, however, that the department shall engage consultants to perform only those services for the department which regular employees of the department are unable to perform owing to lack of special expertise or other inability to perform such services on the schedule or in the manner required by the department; (20) acquire, lease, hold and dispose of real and personal property or any interest therein in the exercise of its powers and the performance of its duties pursuant to this chapter; provided, however, that the department shall issue semi-annual reports to the secretary of administration and finance, the house and senate committees on ways and means, the joint committee on transportation and the house and senate committees on bonding, capital expenditures and state assets, detailing the financial transactions and revenues associated with the sale, concession or lease of real property held in the name of or under the control of the department, whether by purchase or otherwise, and any transactions relating to real property currently pending; and provided further, that the semi-annual report shall include the current market value of the real properties related to the transactions; (21) place and maintain or grant permission by easement or otherwise to any public utility, corporation or person to place and maintain on or under or within the state highway system, the metropolitan highway system or the turnpike, or any part thereof, ducts, pipes, pipelines, mains, conduits, cables, wires, towers, poles or other structures to be so located as not to interfere with the safe and convenient operation and maintenance of the state highway system, the metropolitan highway system or the turnpike, and to contract with any such public utility, corporation or person for such permission on such terms and conditions as may be fixed by the department; provided, however, that in case of any such relocation or removal of facilities, the public utility, corporation or person owning or operating the same, its successors or assigns may maintain and operate such facilities, with the necessary appurtenances, in the new location for as long a period and upon the same terms and conditions as it had the right to maintain and operate such facilities in their former location; and provided further, that otherwise, the department shall have the power to grant such easements over any real property held by the department as will not, in the judgment of the department, unduly interfere with the operation of any of its mass transportation facilities; (22) designate the locations and establish, limit and control such points of ingress to and egress from the state highway system, the metropolitan highway system or the turnpike, as may be necessary, convenient or desirable, in the judgment of the department, to insure the proper operation and maintenance of the state highway system, the metropolitan highway system or the turnpike, and to prohibit entrance to the state highway system, the metropolitan highway system or the turnpike from any point or points not so designated; (23)(i) construct grade separations at locations where the state highway system, the metropolitan highway system or the turnpike, intersect with or abut public highways or rail lines and to change and adjust the lines and grades of such highways or rail lines so as to accommodate the same to the design of such grade separation; and (ii) change the location of any portion of any public highway or rail line which intersects or abuts the state highway system, the metropolitan highway system or the turnpike, in order to improve the safety or efficiency of the state highway system, the metropolitan highway system or the turnpike; provided, however, that if the department shall find it necessary to change the location of a public highway, it shall reconstruct the same in as good a condition as the original highway and at such location as the department deems most favorable; provided, however, that all costs incident to construction, realignment or reconstruction conducted pursuant to this clause shall be borne by the department; (24) enter upon any lands, waters and premises in the commonwealth, after 30 days notice by registered or certified mail and without the necessity of any judicial orders or other legal proceedings, for the purpose of making surveys, soundings, drillings and examinations as the department may deem necessary, convenient or desirable for carrying out the purposes of this chapter and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending; provided, however, that the department shall provide reimbursement for any actual damage resulting to such lands, waters and premises as a result of such activities; and provided, further, that the commonwealth hereby consents to the use of all lands owned by it, including lands lying underwater, which are deemed by the department to be necessary, convenient or desirable for the construction, operation or maintenance of the state highway system, the metropolitan highway system or the turnpike; (25) make and enter into all contracts and agreements necessary, convenient or desirable in the performance of its duties and the execution of its powers under this chapter; provided, however, that sections 26 to 29, inclusive, and sections 44A to 44J, inclusive, of chapter 149 and sections 39F to 39M, inclusive, of chapter 30 shall apply to contracts of the department to the same extent and in the same manner as they are applicable to the commonwealth; provided, however, that notwithstanding this clause, the department may, with the approval of the secretary of administration and finance, without competitive bids and notwithstanding any general or special law to the contrary, award a contract, otherwise subject to this section, limited to the performance of emergency repairs necessary to preserve the safety of persons or property; (26) invest any funds held in reserves or sinking funds, or the Massachusetts Transportation Trust Fund, or any funds not required for immediate disbursement, in such investments as may be provided in any financing document relating to the use of such funds or, if not so provided, as the board may determine; (27) review and recommend changes in laws, rules, programs and policies of the commonwealth and its agencies and subdivisions to further transportation financing, infrastructure and development within the commonwealth; (28) appear in its own behalf before boards, commissions, departments or other agencies of municipal, state or federal government; (29) obtain insurance; (30) apply for and accept subventions, grants, loans, advances and contributions from any source of money, property, labor or other things of value to be held, used and applied for its corporate purposes; (31) adopt a fiscal year to conform with the fiscal year of the commonwealth; (32) receive and apply its revenues to the purposes of the department without appropriation or allotment by the commonwealth or any political subdivision thereof; (33) enter into agreements with other parties including, without limiting the generality of the foregoing, government agencies, municipalities, authorities, private transportation companies, railroads, and other concerns, providing: (i) for construction, operation and use of any mass transportation facility and equipment held or later acquired by the department; provided, however, that any agreement entered into by the department for the construction or acquisition of mass transportation facilities or equipment of more than $1,000,000, which is financed in whole or in part from the proceeds of bonds, the debt service payments on which are assisted by the commonwealth or made from the dedicated revenue source, shall not become effective until approved by the secretary of administration and finance; (ii) for joint or cooperative operation of any mass transportation facility and equipment with another party; (iii) for operation and use of any mass transportation facility and equipment for the account of the department, for the account of another party or for their joint account; or (iv) for the acquisition of any mass transportation facility and equipment of another party if the whole or any part of the operations of such other party takes place within the area constituting the department; provided, further, that any such other party may enter into any such agreements, subject to such provisions of law as may be applicable; and provided, further, that any agreement with a private company under this chapter which is to be financed from the proceeds of bonds or bond anticipation notes and which provides for the rendering of transportation service by such company and for financial assistance to such company by subsidy, lease or otherwise shall include such service quality standards for such service as the department may deem appropriate and shall not bind the department for a period of longer than 1 year from its effective date, but this shall not prohibit agreements for longer than 1 year if the department's obligations thereunder are subject to annual renewal or annual cancellation by the board's authority; and provided, further, that such agreements may provide for cash payments for services rendered, but not more than will permit any private company a reasonable return; (34) establish transit facilities and related infrastructure, including terminals, stations, access roads, and parking, pedestrian access facilities and bicycle parking and access facilities as may be deemed necessary and desirable; and provided, further, that the department may charge reasonable fees for the use of such facilities as it deems desirable; (35) lend money to and to acquire or hold obligations issued by public bodies or other users at such prices and in such manner as the department shall deem advisable and sell such bonds acquired or held by it at prices without relation to cost and in such manner as the department shall deem advisable and to secure its own issues of bonds with such obligations held by it; (36) act as the central entity and coordinating organization for transportation initiatives on behalf of the commonwealth and to work in collaboration with governmental entities, bodies, centers, institutes and facilities to advance the commonwealth's interests and investments in transportation; (37) enter into agreements with public and private entities that deal primarily with transportation and infrastructure development, in order to distribute and provide leveraging of monies or services for the purposes of furthering transportation development in the commonwealth and promoting overall economic growth within the commonwealth by fostering collaboration and investments in transportation initiatives in the commonwealth; (38) provide and pay for such advisory services and technical assistance as may be necessary or desired to carry out the purposes of this chapter; (39) establish and collect such fees and charges as the department without further appropriation shall determine to be reasonable and consistent with this chapter; and to receive and apply revenues from fees and charges to the purposes of the department or allotment by the commonwealth or any political subdivision thereof; (40) disburse, appropriate, grant, loan or allocate funds for the purposes of investing in transportation initiatives as directed in this chapter; (41) provide assistance to local entities, local authorities, public bodies and private corporations for the purposes of maximizing opportunities for transportation and development initiatives in the commonwealth; (42) prepare, publish and distribute, with or without charge, as the department may determine, such studies, reports and bulletins and other material as the department deems appropriate; (43) exercise any other powers of a corporation organized under chapter 156B; (44) take any actions necessary or convenient to the exercise of any power or the discharge of any duty provided for by this chapter; (45) enter into agreements or other transactions with any person including, without limitation, any public entity or other governmental instrumentality or agency in connection with the powers and duties provided the department under this chapter; (46) delegate any of the foregoing powers to an administrator or to a director having charge of an administrative unit within the department; (47) ensure regional equity related to transportation planning, construction, repair, maintenance, capital improvement, development and funding; and (48) designate a representative to act in its interest in labor relations matters with its employees.

M.G.L. c. 6C, § 4 Massachusetts Transportation Trust Fund

c. 6C, § 4. Massachusetts Transportation Trust Fund Section 4. There shall be established and placed within the department a separate fund to be known as the Massachusetts Transportation Trust Fund which shall be used for financing transportation-related purposes of the Massachusetts Department of Transportation. The secretary shall be authorized to enter into agreements with the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the regional transit authorities and, for so long as it shall continue to exist, the Massachusetts Turnpike Authority to commit any funds generated from fares, fees, tolls or any other revenue sources including, but not limited to, from federal sources of these authorities to the fund. There shall be credited to the fund all turnpike revenues and other toll and non-toll revenue collected by the department after assumption of the assets, obligations and liabilities of the Massachusetts Turnpike Authority, all tolls collected by the department after transfer of the Maurice J. Tobin Memorial Bridge by the Massachusetts Port Authority to the department, all refunds and rebates made on account of expenditures on ways by the department, any revenues from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, any gifts, grants, private contributions, investment income earned on the fund's assets, all monies received by the department for the sale or lease of property, all monies received by the department in satisfaction of claims by the department for damage to highway and bridge safety signs, signals, guardrails, curbing and other highway and bridge related facilities, and other receipts of the department. Money remaining in the fund at the end of the year shall not revert to the General Fund. The fund, which shall be under the control of the department and not subject to appropriation, shall be used as follows: (a) for expenditures to meet any debt obligations of the department following the dissolution of the Massachusetts Turnpike Authority and assumption of assets, obligations and liabilities by the department; (b) for expenditure by the department for maintaining, repairing, improving and constructing municipal ways and bridges, sidewalks adjacent to such ways and bridges, bikeways and other projects eligible for funding as a transportation enhancement project as described in the Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240, salt storage sheds, bikeways and public use off-street parking facilities related to mass transportation, for engineering services and expenses related to highway transportation enhancement and mass transportation purposes, for care, repair, storage, replacement, purchase and long-term leasing of road building machinery, equipment and tools, for the erection and maintenance of direction signs and warning signs and for necessary or beneficial improvements to unpaved municipal ways, together with any money which a municipality may appropriate for such purposes, to be used on the same ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities; provided, however, that municipalities shall expend funds authorized for projects under this section within 5 years of final authorization or the authorization shall be redistributed under procedures established by the Massachusetts Department of Transportation; and provided further, that a municipality may petition the department for a waiver of the 5-year expenditure requirement upon satisfactorily meeting the waiver requirements as provided for in the procedures. A city or town shall not carry forward more than 50 per cent of its allocated amount from 1 year to the next year, unless the city or town submits to the department a 5-year spending outline. Engineering services, including surveying services, shall only be performed by architectural, engineering or surveying firms prequalified by the department; provided, however, that a municipality may seek a waiver of this requirement from the department if the municipality demonstrates to the satisfaction of the department that it would be cost prohibitive to use a prequalified firm. Any such ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities shall remain municipal ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities. The department shall withhold or withdraw the unexpended balance of any funds assigned by it under this clause if the municipality fails to comply with the official standards for traffic control established by the department or with any provision of a traffic control agreement negotiated between the department and the municipality, as required by the United States Secretary of Commerce under 23 U.S.C. § 109. The department shall provide cities and towns with preliminary notice of the amount of funds authorized for projects pursuant to this section not later than March 1 of each year; (c) for expenditure by the department for maintaining, repairing and improving state highways and bridges in the state highway system designated parkways and for the turnpike and the metropolitan highway system managed by the Massachusetts Turnpike Authority until its dissolution; (d) for expenditure by the department, in addition to federal aid payments received under section 30 of chapter 81, for construction of state highways; [ Clause (e) of the second paragraph effective until July 1, 2025. For text effective July 1, 2025, see below.] (e) for expenditure by the department for engineering services and expenses, for care, repair, storage, replacement and purchase of road building machinery and tools, for the erection and maintenance of direction signs and warning signs, for the care of shrubs and trees on state highways, for snow and ice removal and for expenses incidental to the foregoing or incidental to the purposes specified in clauses (b) to (d), inclusive; provided, however, that the department may incur liabilities and make expenditures in excess of funds available to the department for snow and ice removal; provided further, that expenditures for snow and ice removal shall be approved by the secretary of transportation in consultation with the secretary of administration and finance; provided further, that no expenses shall be made in excess of funds available in any fiscal year until $40,000,000 has been expended for snow and ice removal in that fiscal year; and provided further, that the negative balance of funds available for snow and ice removal shall not exceed $50,000,000 at any time during a fiscal year and the state comptroller may certify for payment invoices in excess of funds available to the department; [ Clause (e) of the second paragraph as amended by 2025, 9, Sec. 7 effective July 1, 2025. See Sec. 138. For text effective until July 1, 2025, see above.] (e) for expenditure by the department for engineering services and expenses, for care, repair, storage, replacement and purchase of road building machinery and tools, for the erection and maintenance of direction signs and warning signs, for the care of shrubs and trees on state highways, for snow and ice removal and for expenses incidental to the foregoing or incidental to the purposes specified in clauses (b) to (d), inclusive; provided, however, that the department may incur liabilities and make expenditures in excess of funds available to the department for snow and ice removal; provided further, that expenditures for snow and ice removal shall be approved by the secretary of transportation in consultation with the secretary of administration and finance; provided further, that no expenses shall be made in excess of funds available in any fiscal year until $35,000,000 has been expended for snow and ice removal in that fiscal year; and provided further, that the negative balance of funds available for snow and ice removal shall not exceed $50,000,000 at any time during a fiscal year and the state comptroller may certify for payment invoices in excess of funds available to the department; (f) for expenditure for the operations of the department and any divisions thereof; (g) for expenditure by the department for infrastructure improvements to transportation facilities throughout the commonwealth; (h) for regional expenditure by the department for highway division projects in the 5 geographic regions of the commonwealth consistent with the boundaries of the 5 highway division districts as existing on July 1, 2009; (i) for expenditure for highway field services and transportation support programs including, but not limited to, state police highway patrols and accident teams; and (j) for any other expense of the department necessary to carry out its purposes. Annually, not later than May 1, the department shall report to the executive office for administration and finance and the house and senate committees on ways and means the total amounts budgeted and expended for snow and ice removal. The department shall seek appropriations, as required, to cure deficiencies resulting from snow and ice removal in each fiscal year that expenses are made in excess of funds available.

M.G.L. c. 6C, § 5 Organization and function as a single state agency for administrative purposes; reporting requirements

c. 6C, § 5. Organization and function as a single state agency for administrative purposes; reporting requirements Section 5. (a) The department shall be organized and shall function as a single state agency for administrative purposes including, but not limited to, for the purposes of the accounting and financial system of the commonwealth. The secretary shall, notwithstanding any general or special law to the contrary, identify and consolidate administrative activities and functions common to the separate offices, and divisions within the department and may designate such functions ''core administrative functions'' in order to improve administrative efficiency and preserve fiscal resources; provided, however, that common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, financial management, legal, procurement, asset management, and, subject to the approval of the executive office of technology services and security, information technology. All employees performing functions so designated shall be employed directly by the secretary. The department may enter into agreements under section 22A and 22B of chapter 7 and in all respects not governed by general or special laws expressly made applicable to the department shall adhere to good business practices to be determined by the department in its procurement of equipment, materials, property, supplies and services. (b) On December 15 and at 6–month intervals thereafter, the secretary shall report to the joint committee on transportation, the house and senate committees on bonding, capital expenditures and state assets and the house and senate committees on ways and means on the department's progress in implementing the requirements of this section, the operating and capital expenditures made by the department in implementing the requirements of this section and on the administrative savings that have been achieved through the implementation of the requirements of this section.

M.G.L. c. 6C, § 6 Office of performance management and innovation; duties

c. 6C, § 6. Office of performance management and innovation; duties Section 6. (a) The secretary shall operate and administer an office of performance management and innovation within the department that shall, without limitation, administer this section. The divisions of the department shall report to the office of performance management and innovation with regard to setting goals and establishing performance measures to improve the department and divisions' operations and the delivery of transportation services and projects in the commonwealth. (b) The secretary shall establish a performance measurement system for the divisions of the department, which shall establish program goals, measure program performance against those goals and report publicly on progress to improve the effectiveness of transportation design and construction, service delivery and policy decision making. Performance measurements shall include, for at least the then current fiscal year and the previous 5 fiscal years, all modes of transportation. Performance measurements shall include the number of projects completed, the percentage of projects completed early or on time, the percentage of projects completed under budget or on-budget, the number of projects in construction phase and the percentage of projects advertised early or on time. Performance measurements shall include usage information for all modes of transportation, including measures of throughput, utilization and ridership. This information shall be presented with measurements of congestion, on-time performance, if appropriate, and incidents that have caused delays or closures. Performance measurements shall include assessments of maintenance performance by asset class, mode and region, including a breakdown of highway pavement, bridge and track, for subway, commuter and commonwealth-owned freight rail, by condition level, with an explanation of current year and future year planned maintenance expenditures and the expected result thereof. Reporting on planned maintenance programming shall include an assessment of the categories of maintenance-related activity as described in the American Association of Highway and Transportation Officials' Maintenance Manual for Roadways and Bridges. The division of highways shall expand and enhance its project information system and shall develop additional means to establish a centralized system, available on the internet, to document performance measurements and the progress and status of all planning, design, construction and maintenance projects undertaken by the department, and all road and bridge projects of any city or town that are funded, in whole or in part, by the commonwealth. A municipality shall have access to the system at no cost, shall enter such information into the system as may be required by the division of highways and shall otherwise fully participate in the system as a condition of receiving financial assistance from the commonwealth. All information in the project information system shall be a public record unless otherwise exempted by law. A report of the project information system and performance measurements shall be published annually and made available to the public not later than December 31. The report shall also be filed annually with the clerks of the senate and house of representatives, the chairs of the house and senate committees on ways and means and the senate and house chairs of the joint committee on transportation. The performance measurement system shall require each division to develop a strategic plan for program activities and performance goals. The system shall require annual program performance reports which shall be submitted to the house and senate committees on ways and means and the joint committee on transportation. (c) The office of performance management and innovation shall be charged with evaluating the goals and measures established by the department and its divisions and monitoring the results reported. The office shall recommend changes to proposed goals and measures as are appropriate to align goals and measures with the strategic priorities of the secretary. The office shall report regularly to the public on the progress the department and its divisions are making at achieving stated goals. The office shall be responsible for the establishment and, in cooperation with each of the divisions, operation of an asset management system for all divisions and shall report regularly on the condition of assets and infrastructure. Reports on performance shall include measures of: (i) maintenance activity and results; (ii) usage on all modes of transportation; (iii) operational performance; and (iv) planning, design and construction, including on-time and on-budget project delivery. The office shall annually publish a ''scorecard'' identifying the number of projects actively under construction and those completed in the previous year by type, value and location and those planned for the following year. Notwithstanding any other provision of law, the office shall determine the appropriate measures and standards of performance in all categories and reporting on performance trends. The office shall be responsible for reporting publicly and transparently and making all reports available through an on-line system. The secretary shall use the performance criteria established in this section to determine the quality of service of all private entities, including commuter rail providers, that perform transportation services on behalf of the department. The results of such performance measures shall be criteria used in negotiating any contracts.

M.G.L. c. 6C, § 6A Office of performance management and innovation; goals

c. 6C, § 6A. Office of performance management and innovation; goals Section 6A. Notwithstanding any general or special law to the contrary, the goals established by the office of performance management and innovation under subsection (b) of section 6 shall include, but not be limited to: (1) for the division of highways, the reduction of commuting times by at least 10 per cent in each region for each rolling 5–year period, after adjusting for seasonal variations and for changes in the economic activity in the region; (2) for the division of highways, the reduction of fatalities by at least 10 per cent for each rolling 5–year period; (3) for the division of highways, the reduction of the accident rate by at least 10 per cent for each rolling 5–year period; (4) for the division of highways, the reduction of the administrative disbursement rate per mile by at least 10 per cent for each rolling 5–year period; (5) for the division of highways, increasing the maintenance disbursements per mile by at least the same total dollar amount as the total dollar amount saved by the reduction of the administrative disbursement rate per mile under clause (4), for each corresponding 5–year period; (6) for the Mass Transit division, a decrease in the urban transit bus fleet age for each transit authority of at least 10 per cent for each rolling 5–year period; (7) for the Mass Transit division, a reduction of fatalities as a result of transit accidents in each transit authority by at least 10 per cent for each rolling 5–year period; (8) for the Mass Transit division, an increase in the farebox recovery ratio of at least 10 per cent for each transit authority for each rolling 5–year period; (9) for the Mass Transit division, an increase in the on-time performance percentage for each transit authority of at least 2 per cent for each rolling 5–year period, until that percentage reaches 98 per cent; and (10) for the Mass Transit division, an increase of at least 5 per cent in the revenue miles per active vehicle reported to the Federal Transit Administration for each transit authority for each rolling 5–year period.

M.G.L. c. 6C, § 7 Employee performance evaluation program

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

M.G.L. c. 6C, § 8 Money received to be held as trust funds

c. 6C, § 8. Money received to be held as trust funds Section 8. All moneys received pursuant to this chapter, whether as proceeds from the issue of refunding bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the refunding bonds or the trust agreement securing such notes or bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and such resolution or trust agreement may provide.

M.G.L. c. 6C, § 9 Internal special audit unit

c. 6C, § 9. Internal special audit unit Section 9. (a) There shall be within the department but not subject to the department's control an internal special audit unit. The inspector general shall appoint a director of internal special audits who shall serve as an assistant inspector general under the supervision of the inspector general and who shall serve for a term of 6 years. The inspector general may remove the director for cause and shall fill any vacancy for the remainder of the unexpired term. The director shall devote full time and attention to the duties of the unit. (b) The director may appoint and remove, subject to the approval of the inspector general, such persons as the director shall deem necessary to perform the functions of the unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to those employees. Employees of the unit shall have experience with accounting, auditing, financial analysis, applicable law, business management and public administration and shall devote their full time and efforts to the unit. Employees shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to chapter 12A. Each person appointed to a position in the unit shall have experience and skill in the field of the person's position. (c) Pursuant to chapter 12A, the unit shall monitor the quality, efficiency and integrity of the department's operating and capital programs, including those of the Massachusetts Bay Transportation Authority, and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public or private transportation funds. In accordance with said chapter 12A, the department shall cooperate with the unit in carrying out the unit's duties, including granting access to persons, documents, databases, electronic data and other materials deemed necessary by the director to conduct an investigation, audit or review. (d) The director may report and refer any instances of fraud, waste or abuse in the expenditure of transportation funds or the procurement of any supplies, services or construction by the department to the inspector general for investigation pursuant to chapter 12A and the results of such investigation may be referred to the attorney general for appropriate action. (e) The director shall submit to the inspector general, for inclusion in the annual report pursuant to section 12 of chapter 12A, a report of the unit's activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation. The inspector general shall submit the annual report to the joint committee on transportation not later than April 30 of each year. The secretary shall make the annual report and all such reports from previous years publicly available on the department's website.

M.G.L. c. 6C, § 10 Office of transportation planning

c. 6C, § 10. Office of transportation planning Section 10. There shall be within the department an office of transportation planning which shall oversee and administer the planning responsibilities of the office of planning and programming, and which shall be under the supervision and control of the secretary. The secretary shall appoint an executive director who shall be skilled and experienced in the field of transportation planning and shall not be subject to chapter 31 or to section 9A of chapter 30. Said director may be removed for cause by the secretary. Said office shall serve as the principal source of transportation planning for state-level transportation projects, and shall develop the commonwealth's transportation-related programs as more particularly set forth in this section. In addition, the office of planning and programming shall work in coordination with regional planning agencies in the commonwealth, which shall serve as the principal source of transportation planning for local and regional transportation projects. Said office shall conduct research, surveys, demonstration projects and studies in cooperation with the federal government, said regional planning agencies, regional transit authorities, municipalities, other governmental agencies, and appropriate private organizations in order to support local and regional planning, deliver transportation programs, and execute demonstration projects. Said office of transportation planning shall be responsible for the preparation of a comprehensive and coordinated intermodal transportation plan for the commonwealth. Said plan shall include planning to improve and maintain facilities and equipment for all modes of transportation in the Commonwealth, including highways and roads, passenger rail and other public transportation, freight rail, aviation, shipping, pedestrian facilities, bicycle facilities, and water transportation. Said plan shall ensure an equitable allocation of investments in transportation across the regions of the commonwealth. Said plan shall include any program for the disposition of capital assets. Said plan shall include transportation improvement projects for the office of planning and programming and all of its constituent divisions and authorities that own or operate transportation facilities, including the Massachusetts Bay Transportation Authority, the regional transit authorities, and the Massachusetts Port Authority. Said plan shall be developed in consultation with said divisions and authorities, the commonwealth development coordinating council, the executive office for administration and finance, the metropolitan planning organizations, the regional planning agencies, and the transportation finance commission. Said plan shall be prepared in coordination with comprehensive urban development plans and in cooperation with said other agencies so far as practicable. Said plan shall include an analysis of the operation of each regional transit authority, with the purpose of identifying ways in which each regional transit authority can improve efficiency of existing service, and provide new or expanded services to the communities. The analysis shall include an examination of the ridership per vehicle in each regional transit authority to determine the feasibility of converting fleets from large buses to smaller, more energy-efficient vehicles. The analysis shall identify the potential reduction in operating costs that such a conversion could provide for each regional transit authority, and shall outline the ways in which costs savings attained by this conversion could then be applied to improve service by expanding service areas and increasing hours of service. The office of transportation planning shall be responsible for planning and programs that promote sustainable transportation, and that will: (i) maintain and expand transportation options that maximize mobility, reduce congestion, conserve fuel, and improve air quality; (ii) prioritize alternative modes including rail, bus, boat, rapid and surface transit, shared-vehicle and shared-ride services, bicycling, and walking; and (iii) invest strategically in existing and new passenger and freight transportation infrastructure that supports sound economic development consistent with established smart growth objectives. The office of transportation planning shall be responsible for bicycle and pedestrian planning, water transportation planning, and the management of transportation programs promoting congestion mitigation and air quality improvements, travel options, safe routes to school, alternative fuels, and other planning initiatives and programs that promote sustainable transportation working in coordination with the regional planning agencies and the metropolitan planning organization. The office of transportation planning shall be responsible for research and planning in support of the implementation of chapter 21N. The office shall undertake planning and research tasks and coordinate with the executive office of energy and environmental affairs on issues related to historic, current, and projected future transportation-generated emissions of carbon dioxide and other greenhouse gases and technology, policy, and legal issues related to developing and implementing market-based compliance mechanisms for transportation-generated greenhouse gases. Such planning shall include comprehensive climate change adaptation planning to ensure that the commonwealth's transportation infrastructure is designed to tolerate increased environmental stress due to climate change, including, but not limited to increased temperatures, increased stormwater runoff, and extreme weather events. The office of transportation planning shall conduct plans and work with the divisions, municipalities, other public agencies, private organizations, and other parties as appropriate in order to ensure the implementation of measures that facilitate equitable bicycle and pedestrian access in the planning and development of all transportation facilities. Consistent with the most current edition of the MassHighway Project Development and Design Guide, or its successor, the office of planning and programming shall in the design, construction, and maintenance of transportation facilities for all new construction and reconstruction projects, including resurfacing, restoring and rehabilitation improvement projects, ensure safe and contiguous routes for all users, including individuals of all ages and abilities, pedestrians, bicyclists, transit vehicles and riders, and motorists. The office of transportation planning shall work with other commonwealth agencies to identify measures that agencies can take to facilitate fuel conservation, travel demand management for agency employees, and sustainable transportation, to develop programs that consolidate and promote these measures in a user-friendly manner, and to provide programmatic support to help other commonwealth agencies implement these measures. The office of transportation planning shall utilize life-cycle cost modeling for all projects. Life-cycle costs shall mean all relevant costs of a transportation asset's lifespan including, but not limited to, planning, study, design, purchase or lease, operation, maintenance, repair, replacement and disposal. The office shall utilize life-cycle cost modeling during the project planning and selection processes for all of its divisions, agencies, and authorities, as defined herein. Life-cycle cost information shall be presented as part of the public disclosure process in all project planning documents in equal proportion to initial delivery cost estimates. Project planning shall include the identification of funding to minimize life-cycle costs throughout the life of each asset. The executive director may, subject to the approval of the secretary, appoint a project ombudsman who shall assist municipalities and private entities to develop and advance projects critical to the economic development of a community and connecting to the state transportation system, and to ensure regional equity in the transportation system. The duties given to the ombudsman shall be exercised and discharged subject to the direction, control and supervision of the executive director. The ombudsman shall serve as the principal point of contact for municipalities and other governmental bodies concerning all matters under the jurisdiction of the department, including, but not limited to, providing advice and technical assistance to municipalities and other governmental bodies seeking said advice and with any other matter the executive director may deem appropriate. The office of transportation planning shall establish and charge a reasonable fee to cover the costs of processing, reviewing, and approving a project proposal submitted to the project ombudsman by a municipality or private entity. The office of transportation planning shall work in collaboration with the public-private partnership infrastructure oversight commission and provide the oversight commission with information and updates on research, surveys, studies and future transportation projects.

M.G.L. c. 6C, § 11 Publication of comprehensive state transportation plan; report on plan compliance; equitable capital expenditures

c. 6C, § 11. Publication of comprehensive state transportation plan; report on plan compliance; equitable capital expenditures Section 11. Every 5 calendar years, beginning not later than April 30, 2010, the secretary of the department shall, after conducting public hearings, prepare and publish in the Massachusetts Register a comprehensive state transportation plan for the 5 succeeding fiscal years, beginning with the period of fiscal year 2011 to 2015, inclusive. The plan shall be consistent with the project selection criteria as established by section 11A. The plan shall be designed to ensure construction and maintenance of a safe, sound and efficient public highway, road and bridge system, to relieve congestion, to reduce greenhouse gas emissions, particulates and other pollutants, and to improve the quality of life in the commonwealth by promoting economic development and employment in the commonwealth by meeting, cost effectively, the diverse transportation needs of all residents of the commonwealth, including urban, suburban and rural populations. The plan shall include a toll feasibility analysis in the evaluation of all highway, road and bridge projects. The plan shall also include an engineering assessment to anticipate highway, road and bridge needs throughout the commonwealth as determined by objective engineering measurements of condition, safety and service. The secretary shall consult with the executive office of environmental affairs, the executive office for administration and finance, the public-private partnership infrastructure oversight commission, the executive office of economic development, and the executive office of housing and livable communities in the development of the plan. The plan shall provide for meeting not less than 5 per cent annually of the estimated construction, reconstruction and repair needs of public highways and bridges of the commonwealth, its counties, cities and towns. The department shall determine and certify to the secretary of administration and finance its estimate of the total value of all construction, reconstruction and repair needs of the commonwealth's highway and bridge infrastructure. The total value estimate shall be based on satisfying current safety and maintenance standards of the Federal Highway Administration and the American Association of State Highway and Transportation Officials. The estimate shall be substantiated by documented objective engineering estimates. The secretary of transportation shall make plans, and updates thereto, based upon such certified estimates and make such plans or updates available for public review. The department shall report annually, not later than February 1, to the house and senate committees on ways and means and the joint committee on transportation on their compliance with the plan and their efforts to satisfy the 5 per cent construction, reconstruction and repair needs to the commonwealth's public highways and bridges. The long range transportation plan developed by the secretary of transportation under this section shall ensure that the commonwealth's total 5 year capital expenditures for road and bridge projects across all capital programs for such projects managed by the executive office, excluding competitive grant programs, shall be equitable across the districts established in section 3 of chapter 57. For the purposes of this paragraph, ''equitable'' shall mean not less than 75 per cent of the annual percentage of the total statewide collections of motor vehicle fuel tax generated by each such district; provided, however, that the minimum percentage shall be 85 per cent for districts in which the revenue generated by registered vehicles that have a Fast Lane transponder exceeds the average revenue generated by registered vehicles that have a Fast Lane transponder in districts statewide. The long range transportation plan developed by the secretary of transportation under this section shall provide that not less than $100,000,000 shall annually be spent for the construction and reconstruction of municipal ways and bridges as described in clause (b) of the second paragraph of section 4.

M.G.L. c. 6C, § 11A Project selection advisory council

c. 6C, § 11A. Project selection advisory council Section 11A. (a) There shall be a project selection advisory council which shall be charged with developing a uniform project selection criteria to be used in the development of a comprehensive state transportation plan as required by section 11. (b) The council shall consist of the following members: the secretary or the secretary's designee, who shall serve as chair; 3 members to be appointed by the governor, 1 of whom shall have practical experience in transportation planning and policy, 1 of whom shall be a registered civil engineer with at least 10 years' experience and 1 of whom shall be a member of a regional planning agency; 1 member to be appointed by the president of the senate, who shall be an expert in the field of transportation finance; 1 member to be appointed by the minority leader of the senate, who shall be a member of the construction industry; 1 member to be appointed by the speaker of the house of representatives, who shall be a representative of a transportation consumer organization or other public interest organization; 1 member to be appointed by the minority leader of the house of representatives, who shall be a member of a business association; and a representative of the Massachusetts Municipal Association. The department shall provide the council with qualified administrative staff and the regional planning agencies may provide qualified technical assistance to the council. (c) The project selection criteria developed under this section shall include a project priority formula or other data-driven process that shall include, but not be limited to, the following factors: engineering; condition of existing assets; safety; economic impact; regional priorities; and the anticipated cost of the project. The council may divide projects into several categories including, but not limited to: preservation and maintenance of existing assets; modernization of existing assets that improve safety; expansion projects that add to the existing system; and local construction. The factors chosen by the council may be weighted to prioritize specific factors and such weighting of factors may differ by project category as determined by the council. (d) The council shall conduct at least 6 public hearings, 1 in each of the department's highway districts, before final approval of the project selection criteria. The council shall provide interested persons with an opportunity to submit their views orally and in writing and the department may create and maintain a website to allow members of the public to submit comments electronically and to review comments submitted by others. The council shall provide notice of each public hearing by publication in a newspaper of general circulation in the highway district in which the hearing is to be located in each of 2 successive weeks, the first publication to be at least 14 days before the day of the hearing and, if feasible, by posting a notice in a conspicuous place in the cities or towns within the highway district for at least 14 consecutive days immediately prior to the day of the hearing.

M.G.L. c. 6C, § 12 Integrated asset management system

c. 6C, § 12. Integrated asset management system Section 12. The department shall, subject to the approval and oversight of the executive office of technology services and security, develop and implement a single integrated asset management system to oversee and coordinate the maintenance, preservation, reconstruction and investment of all of the assets in its possession, custody and control. The department may use programs and services offered by the division of capital asset management and maintenance and the information technology division or separate offices, divisions, and authorities within the department to aid in its development of an integrated asset management system as long as, in the judgment of the department, such programs and services compare favorably with those available from private vendors and are offered at competitive prices.

M.G.L. c. 6C, § 12A Performance and asset management advisory council

c. 6C, § 12A. Performance and asset management advisory council Section 12A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Council'', the performance and asset management advisory council created under this section. ''Local transportation agency'', the city, town or other governmental entity's department of transportation or public works that has jurisdiction over the transportation assets in that city, town or entity and that receives state or federal funding. ''Performance and asset management system'', the permanent, comprehensive and integrated system, developed by the department pursuant to sections 6 and 12, that require the operation, maintenance, upgrade and expansion of all transportation assets, that are cost-effectively administered throughout their lifecycle, by continuously updating physical inventory, condition assessments and performance information. ''Transportation assets'', capital assets, including but not limited to, any city, town, county or state highway, road, street, pavement, parkway, facilities, structures, construction and maintenance equipment, vehicles, real estate, materials, corporate data and information, equipment, rolling stock, infrastructure and facilities for use in public transportation; ground and water transportation facilities and equipment; and any rights-of-way, bridges, tunnels, railroad highway crossings, drainage structures, signs and guardrails. (b) There shall be a performance and asset management advisory council charged with advising the board on the creation of an integrated asset management system pursuant to section 12. The council shall consist of the secretary, who shall serve as chair, and the following members as appointed by the secretary: 2 members of the board, 2 members from the Massachusetts Municipal Association, 2 members from different regional planning agencies, 1 member from the construction industry, and 1 member from a business association. Each member shall be appointed for a term of 3 years. The council may appoint a technical assistance panel, to serve in an advisory, non-binding capacity, which shall be comprised of transportation planning, construction and engineering associations. The council shall determine the scope of research and assign projects to the technical assistance panel as necessary in the development of statewide policies. The department shall provide the council with qualified administrative staff and the regional planning agencies may provide qualified technical assistance to the council. (c) The council shall review the criteria required for the performance measurement system pursuant to subsection (b) of section 6 and the comprehensive long-term capital plan required by section 11A. The council shall make a report to the board on the following: (i) improvements that can be made to ensure comprehensive multi-modal transportation planning and analysis; (ii) additional performance metrics, such as enterprise-wide measures across modes, contract management, procurement, project controls, financials, organizational and prioritization outcomes; and (iii) economic development impacts, and benchmarks measured against performance by other states and countries. The council shall make recommendations on the processes and tools needed to implement a strategy for the performance and asset management system. (d) The council shall present minimum standards and guidelines delineating standardized data and information that shall be contained in the performance and asset management systems, including the complete integration of transit, highway, aeronautics, water and port assets, and the possible inclusion of municipal roadways. The minimum standards shall include: (i) the keeping of accurate and uniform records of real transportation assets, (ii) the mileage and condition of each road and bridge system under various jurisdictions, (iii) the receipts and disbursements of road, street and transit funds, (iv) a multiyear compilation of projects anticipated to be contracted for or by the department or local transportation agencies that are funded in whole or in part with state or federal funds, and (v) any other categories established by the council. The council shall recognize the differences in local, regional or other agencies' circumstances and nothing in this section shall prohibit a local transportation agency or other governmental agency from using a separate asset management process on any eligible system. All quality control standards and protocols shall, at a minimum, be consistent with any existing federal requirements and regulations and existing government accounting standards. (e) On or before October 1 of each year, the council shall provide an annual progress report on the performance and asset management system to the house and senate committees on ways and means and the joint committee on transportation.

M.G.L. c. 6C, § 13 Toll roads, bridges and tunnels; authority to collect tolls; limitations; use of revenue

c. 6C, § 13. Toll roads, bridges and tunnels; authority to collect tolls; limitations; use of revenue Section 13. (a) The department may charge and collect and, from time to time, fix and revise tolls for transit over the turnpike and the different parts or sections thereof, subject to such classifications of vehicles and manners of collection as the department determines desirable and subject to section 3. Such tolls shall be so fixed and adjusted as to provide, at a minimum, funds sufficient with other revenues, if any, to pay: (i) costs incurred in furtherance of this chapter related to the turnpike including, but not limited to, the cost of owning, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the turnpike; and (ii) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the turnpike as the same shall become due and payable and to create and maintain reserves established for any of the department's corporate purposes. Such tolls shall not be subject to supervision, regulation, approval or disapproval by any department, division, commission, board, bureau or agency of the commonwealth or any political subdivision thereof. The department shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66 and shall be used for enforcement purposes only with respect to toll collection regulations. An account holder may, upon written request to the department, have access to all information pertaining solely to the account holder. For each violation of applicable department regulations related to electronic toll collection, a violation notice shall be sent to the registered owner of the vehicle in violation. The notice shall include the registration number of the vehicle, the state of issuance of such registration and the date, time and place of the violation. The notice may be based, in whole or in part, upon inspection of any photographic or other recorded image of a vehicle and the written certification by a state police officer or other person employed by or under contract with the department or its electronic toll collection system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation. The department shall devise and implement a fair and reasonable fee structure to charge and collect tolls for transit over the turnpike between interchange 1 in the town of West Stockbridge and interchange 6 in the city of Springfield at interstate highway route 291. (b) The department may charge and collect and, from time to time, fix and revise tolls for transit over or through the metropolitan highway system or any part thereof subject to such classifications of vehicles and manners of collection as the department determines desirable and subject to clause (j) of section 4. Such tolls shall be so fixed and adjusted as to provide, at a minimum, a fund sufficient with other revenues, if any, to pay: (i) costs incurred in furtherance of this chapter related to the metropolitan highway system including, but not limited to, the cost of owning, constructing, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the metropolitan highway system; and (ii) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the metropolitan highway system as the same shall become due and payable and to create and maintain reserves established for any of the department's corporate purposes. The department shall not charge or collect a toll for transit through the Callahan tunnel or the Sumner tunnel or over the Tobin memorial bridge or through the Ted Williams tunnel by official emergency vehicles of the commonwealth or any municipality, political subdivision or instrumentality thereof, while such vehicles are on official business; provided, however, that the department may not charge and collect tolls for transit through the Callahan tunnel, the Sumner tunnel or the Ted Williams tunnel by private passenger vehicles registered in the East Boston section of the city of Boston or the South Boston section of the city of Boston, as the Boston transportation department has determined the geographical boundaries of said sections of Boston, that are greater than the tolls in effect for such vehicles registered in said East Boston section at existing tunnel toll facilities on the effective date of section 14 of chapter 102 of the acts of 1995; provided, further, that the department may not charge and collect tolls for transit through the Callahan or Sumner tunnels to private passenger vehicles registered in the North End section of the city of Boston, as the Boston transportation department has determined the geographical boundaries of such section, that are greater than the tolls in effect for such transit through either the Sumner tunnel or Callahan tunnel for such vehicles on the effective date of said section 14 of said chapter 102; provided further, that the department shall continue operation of the 50 per cent toll discount program for account holders who participate in the department's electronic toll collection system approved by the Massachusetts Turnpike Authority board of directors on June 28, 2002 and provided in section 45 of chapter 246 of the acts of 2002 and such 50 per cent discount shall be applied to all toll increases implemented after the effective date of this act; and provided further, that the tolls collected for transit over or through the Maurice J. Tobin Memorial Bridge by private passenger vehicles registered in the city of Chelsea or the Charlestown neighborhood of the city of Boston, as the Boston transportation department has determined the geographical boundaries of such section, shall not be greater than the tolls in effect for such vehicles as of January 1, 2009 pursuant to the Resident Commuter Permit Program, so called. The department shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data, relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66 and shall be used for enforcement purposes only with respect to toll collection regulations. An account holder may, upon written request to the department, have access to all information pertaining solely to the account holder. For each violation of applicable department regulations related to electronic toll collection, a violation notice shall be sent to the registered owner of the vehicle in violation. The notice shall include the registration number of the vehicle, the state of issuance of such registration and the date, time and place of the violation. The notice may be based, in whole or in part, upon inspection of any photographic or other recorded image of a vehicle and the written certification by a state police officer or other person employed by or under contract with the department or its electronic toll collection system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation. (c) All revenue received from tolls, rates, fees, rentals and other charges for transit over or through all tolled roads, bridges or tunnels shall be applied exclusively to: (i) the payment of existing debt service on such tolled roads; and (ii) the cost of owning, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating such tolled roads.

M.G.L. c. 6C, § 14 Department as public agency for purposes of state contracts

c. 6C, § 14. Department as public agency for purposes of state contracts Section 14. The department shall be deemed to be a public agency for purposes of, and shall be subject to, section 39M of chapter 30 and sections 44A to 44H, inclusive, of chapter 149 and shall comply with requirements applicable to an independent public authority for publication of contract information in the central register established pursuant to section 20A of chapter 9.

M.G.L. c. 6C, § 15 Department as public agency for purposes of state finance law

c. 6C, § 15. Department as public agency for purposes of state finance law Section 15. The department shall, for the purposes of compliance with state finance law, operate as a state agency as defined in section 1 of chapter 29 and shall be subject to the provisions applicable to agencies under the control of the governor including, but not limited to, chapter 29, chapter 7A, chapter 7 and chapter 10; provided, however, that the comptroller may identify any additional instructions or actions necessary for the department to manage fiscal operations in the state accounting system and meet statewide and other governmental accounting and audit standards. The department shall properly classify the department's operating and capital expenditures, and shall not include any salaries of employees in the department's capital expenditures, unless used as the state match to federal funding for transportation projects; provided, however, that the department shall report annually, on or before February 1, to the house and senate chairs of the joint committee on transportation, on the following: (i) the amount of capital expenditures used as the state match to federally-eligible capital projects; (ii) the total number of department employee salaries included in capital expenditures, including a breakdown by division of the position titles and accompanying salaries; (iii) the total number of employees of the division of highways assigned to capital projects; (iv) a schedule of transportation capital projects where employee salaries are included in capital expenditures; (v) the status of said projects; (vi) any projected cost savings; and (vii) the impact of including department employee salaries in capital expenditures on the ability of the division of highways to plan, design, construct and complete transportation capital projects. Unless otherwise exempted by law or the applicable central service agency, the department shall participate in any other available commonwealth central services including, but not limited, to the state payroll system pursuant to section 31 of chapter 29, and may purchase other goods and services provided by state agencies in accordance with comptroller provisions. This section shall not apply to the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority or the regional transit authorities. The comptroller may chargeback the department for the transition and ongoing costs for participation in the state accounting and payroll systems and may retain and expend such costs without further appropriation for the purposes of this section. The department shall be subject to section 5D of chapter 29 and subsection (f) of section 6B of chapter 29.

M.G.L. c. 6C, § 16 Annual finance plan

c. 6C, § 16. Annual finance plan Section 16. Each fiscal year the department shall submit an annual finance plan to the secretary of administration and finance, and updates to such plan, in accordance with instructions issued by said secretary. The plan shall be made available on the department's website.

M.G.L. c. 6C, § 17 Refinancing of bonds relating to financing of the turnpike and metropolitan highway system

c. 6C, § 17. Refinancing of bonds relating to financing of the turnpike and metropolitan highway system Section 17. (a) The department may provide by resolution at 1 time or from time to time for the issuance of bonds of the department to refinance the bonds issued prior to July 1, 2009 pursuant to chapter 81A and the financing obligations of the Massachusetts Turnpike Authority relating to the turnpike and the metropolitan highway system. Any such bonds shall be special obligations of the department payable solely from monies credited to the fund. Bonds issued pursuant to this section shall not be general obligations of the commonwealth or any political subdivision thereof and shall not constitute a debt or a pledge of the faith and credit of the commonwealth or any such political subdivision. (b) Bonds may be issued and sold in such manner and on such terms and conditions as the department may determine, with the approval of the secretary of administration and finance. The bonds shall be signed by the chairperson and treasurer of the department or shall bear their facsimile signature and shall bear the official seal of the department or a facsimile thereof, attested to by the signature of a duly appointed officer of the department. (c) Bonds may be secured by a trust agreement entered into by the department, which trust agreement may pledge or assign all or part of the monies credited to the fund and rights to receive the same, whether existing or coming into existence and whether held or thereafter acquired, and the proceeds thereof. The department may enter into additional security, insurance or other forms of credit enhancement which may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, whether or not such parties have received notice thereof. Any such pledge shall be perfected by filing of the trust agreement or credit enhancement agreement in the records of the department, and no filing need be made pursuant to chapter 106. Any such trust agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as may be reasonable and proper, including provisions relating to the establishment of reserves, acceleration of maturities, restrictions on the individual right of action by bondholders and covenants setting forth the duties of and limitations on the department, and may regulate the custody, investment and application of monies. (d) Any such bonds shall be deemed to be investment securities pursuant to chapter 106, shall be securities in which any public officer, fiduciary, insurance company, financial institution or investment company may properly invest funds and shall be securities which may be deposited with any public custodian for any purpose for which the deposit of bonds is authorized by law. (e) Any such bonds, their transfer and the income therefrom, including profit on the sale thereof, shall at all times be exempt from taxation by and within the commonwealth. (f) The provisions hereof relating to bonds shall also be applicable to the issuance of notes insofar as such provisions may be appropriate therefore. (g) Notwithstanding the foregoing, no existing rights of the holders of the bonds issued by the Massachusetts Turnpike Authority pursuant to chapter 81A shall be impaired hereby, and the department, as successor in interest to the Massachusetts Turnpike Authority, shall maintain the covenants of the trust indentures pertaining to such bonds so long as such bonds shall remain outstanding. (h) The department shall be subject to section 98 of chapter 6.

M.G.L. c. 6C, § 18 Appearance by office of the attorney general in civil proceedings against the department

c. 6C, § 18. Appearance by office of the attorney general in civil proceedings against the department Section 18. The office of the attorney general shall appear for the department, its divisions, departments, agencies and officers, but not including the Massachusetts Bay Transportation Authority, the regional transit authorities and the Massachusetts Port Authority and their officers, in all suits and other civil proceedings in which the department is a party or interested, or in which the official acts and doings of said divisions, departments, agencies and officers are called into question, to the same extent and in the same manner as provided to the commonwealth and state departments, officers and commissions under section 3 of chapter 12. The department and its divisions, departments and agencies, but not including the Massachusetts Bay Transportation Authority, the regional transit authorities and the Massachusetts Port Authority, shall be generally considered to be an agency of the commonwealth for purposes of: (i) said chapter 12; (ii) any general or special law pertaining to judicial remedies or procedures; and (iii) court rules and standing orders; and shall not be considered to be encompassed by the words ''person'' or ''whoever'' in any general or special law unless a contrary intention clearly appears.

M.G.L. c. 6C, § 19 Eminent domain powers of department

c. 6C, § 19. Eminent domain powers of department Section 19. (a) The department may take by eminent domain in accordance with the provisions of chapter 79 or any alternative method now or hereafter provided by general law, any public land and any fee simple absolute or lesser interest in private property or part thereof or rights therein as it may deem necessary for carrying out the provisions of this chapter. (b) Whenever a parcel of private property so taken is used in whole or in part for residential purposes, the owner of such parcel may, within 30 days of the date of the department's notice to vacate such parcel, appeal to the department for a postponement of the date set for such vacating, whereupon the department shall grant to the owner a postponement of 3 months from the date of such appeal; provided, however, that the appeal for such postponement shall be in the form of a written request to the department sent by registered mail, return receipt requested; and provided, further, that section 40 of said chapter 79 shall govern the rights of the department and of any person whose property shall be so taken. (c) The department shall have power, in the process of constructing, reconstructing, repairing, rehabilitating, improving, policing, using or administering all or any part of the state highway system to take by eminent domain pursuant to chapter 79, such land abutting the state highway system as it may deem necessary or desirable for the purposes of removing or relocating all or any part of the facilities of any public utility, including rail lines, and may thereafter lease the same or convey an easement or any other interest therein to such utility company upon such terms as it, in its sole discretion, may determine. Notwithstanding any general or special law to the contrary, the relocation of the facilities of any public utility, including rail lines, in accordance with this section shall be valid upon the filing of the plans thereof with the department of telecommunications and energy, if applicable.

M.G.L. c. 6C, § 20 Sale of real property; procedure; sale of buildings or other structures

c. 6C, § 20. Sale of real property; procedure; sale of buildings or other structures Section 20. Except as otherwise provided by law, any sale of real property shall be awarded, after advertisement for bids, to the bidder who is the highest responsible bidder. The department shall have the right to reject all bids and to read-advertise for bids. Before any real property shall be so sold or conveyed, notice that such real property is for sale shall be publicly advertised in 2 daily newspapers of general circulation published in the city of Boston and, if such real property is located in any other city or town, in a newspaper of general circulation published in such other city or town, once a week for 3 successive weeks. Such advertisements shall state the time and place where all pertinent information relative to the real property to be sold or conveyed may be obtained and the time and place of opening the bids in answer to such advertisements and that the department reserves the right to reject any or all such bids. All bids in response to advertisements shall be sealed and shall be publicly opened by the department. The department may require, as evidence of good faith, that a deposit of a reasonable sum, to be fixed by the department, accompany the proposals. This paragraph shall not be applicable to any sale of real property by the department to the commonwealth or any city, town or public instrumentality nor to a sale of real property which is determined by the department to have a fair market value of $50,000 or less; provided, however, that the department shall declare the property available for disposition and shall specify the restrictions, if any, placed on the subsequent use of the property. The department may sell buildings or other structures upon any lands taken by it or may remove the same and shall sell, if a sale be practicable or, if not, shall lease, if a lease be practicable, any lands or rights or interest in lands or other property taken or purchased for the purposes of this chapter, whenever the same shall, in the opinion of the department, cease to be needed for such purpose. Notwithstanding this section, section 46 or any other general or special law to the contrary, the department may convey, or lease for a term not to exceed 198 years, air rights within the parcel known as Massachusetts Turnpike Parcel 15 to the designated developer of that parcel or its nominee. The parcel is located in the city of Boston and bounded by Cambria street to the south, St. Cecilia street to the west, Boylston street and private property to the north and Dalton street to the east. The boundaries of the air rights conveyed or leased shall preserve the department's ownership of the turnpike roadway and adjacent rail tracks and air space above the roadway and rail tracks as considered necessary and desirable by the department for its transportation purposes. Any such sale or lease may include air rights above streets owned by the department that adjoin the parcel and the department may grant a developer or its nominee rights and easements to install and maintain foundations, walls and other appurtenances below the air rights so conveyed or leased, all on such terms and conditions as the secretary of transportation or general counsel deems necessary or desirable. Any such sale or lease shall be at the then-fair market value of the air rights as determined using customary appraisal practices in the commonwealth and shall not be subject to the requirements of this section. Any such sale or lease shall be subject to: (i) the department reserving all easements and rights needed for its transportation purposes; (ii) recognition by the developer or its nominee that the department's transportation needs remain paramount; (iii) compliance by the developer or its nominee with the department's requirements for indemnification, covenants not to sue and releases relating to negative impacts from development above the turnpike and rail lines; (iv) the developer fulfilling its commitment to the city of Boston's inclusionary development policy by building off-site units in the Back Bay or Fenway and Kenmore sections of the city of Boston or the South End planning district, with a preference for locations within 1/2 mile of the project site; and (v) such other terms and conditions as the secretary of transportation or the general counsel determines are necessary or desirable. The developer or its nominee shall be obligated to take such premises ''as is, where is'' with all existing site conditions, including existing environmental conditions. If the department of transportation completes such a sale or extended lease and if the developer's mandatory inclusionary development policy contribution in combination with available commonwealth funding is insufficient to construct 1 or more viable projects totaling a minimum of 51,840 square feet of affordable housing within the geographic area established in clause (iv), the department of transportation shall transfer an amount of up to 20 per cent of the sale or lease proceeds to the Boston Redevelopment Authority as gap financing to be used exclusively for the construction of affordable housing. If the Boston Redevelopment Authority certifies that 1 or more viable projects totaling 51,840 square feet or more within the geographic area has been identified, the department of transportation shall instead transfer an amount equal to 12 per cent of the sale or lease proceeds to increase the number of affordable units in those projects. In neither case shall the department of transportation funds or other commonwealth funds be used to subsidize or offset a developers' inclusionary development policy commitment.

M.G.L. c. 6C, § 21 Abandoned, mislaid or lost property; sale of unclaimed property

c. 6C, § 21. Abandoned, mislaid or lost property; sale of unclaimed property Section 21. Notwithstanding chapters 134 and 147, if money, goods or other property which has been abandoned, mislaid or lost on the premises of the department comes into the possession of the department and remains unclaimed for a period of 120 days, the department may sell the same, excepting money so unclaimed, at public auction after notice of such sale has been published for 3 successive weeks in a newspaper published in the city or town wherein such sale shall occur. The net proceeds of such sale, after deducting the cost of storage and the expenses of the sale, and all money so unclaimed, shall be paid into and become the property of the department and may be deposited in the Massachusetts Transportation Trust Fund. If such property is in the possession of the department and remains unclaimed for a period of 120 days and is of the value of $3 or less, the department may donate the same to a charitable organization.

M.G.L. c. 6C, § 22 Enforcement by superior court department

c. 6C, § 22. Enforcement by superior court department Section 22. The superior court department of the trial court shall have jurisdiction to enforce rights and duties created by this chapter and, on complaint of the department, may restrain violations of the department's regulations and otherwise enforce by any appropriate remedy including, without limiting the generality of the foregoing, injunctive relief, the regulations, licenses, permits, orders, penalties and charges of the department. Penalties and charges established by or under authorization of this chapter shall be collected for the account of the department and paid over to the department. Except for rights of action expressly conferred upon the department, no provision of this chapter shall create private rights of action in enforcement proceedings.

M.G.L. c. 6C, § 23 Termination of department

c. 6C, § 23. Termination of department Section 23. The department and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the department shall have bonds outstanding without adequate provision for the complete payment or satisfaction thereof. Upon termination of the department, the title to all funds and other properties owned by it which remain after the payment or satisfaction of all bonds of the department shall vest in the commonwealth. The obligations, debts and liabilities of the department shall be assumed by and imposed upon the commonwealth.

M.G.L. c. 6C, § 24 Investigations, studies, grant applications and applications for project approvals; lease, loan, grant or conveyance of real or personal property to department

c. 6C, § 24. Investigations, studies, grant applications and applications for project approvals; lease, loan, grant or conveyance of real or personal property to department Section 24. (a) All local bodies and all public agencies, instrumentalities, commissions and authorities of the commonwealth may undertake activities, programs and projects in conjunction with the department in furtherance of the purposes of this chapter including, without limiting the generality of the foregoing, to join in investigations and studies and to submit grant applications and applications for project approvals. (b) Except with respect to real property acquired or held for purposes described in Article XCVII of the amendments to the constitution of the commonwealth, all local bodies and all public agencies, instrumentalities, commissions and authorities of the commonwealth may lease, lend, grant or convey to the department, upon such terms and conditions as the proper authorities of such public bodies, public agencies, instrumentalities, commissions and authorities of the commonwealth may deem appropriate and without the necessity of any action or formality other than the regular and formal action of such public bodies, agencies, instrumentalities, commissions and authorities of the commonwealth, any interest in any real or personal property which may be necessary or convenient to effect the purposes of the department.

M.G.L. c. 6C, § 25 Conduct of secretary, administrators and directors

c. 6C, § 25. Conduct of secretary, administrators and directors Section 25. The secretary, administrators, and directors of the department shall be sworn to the faithful performance of their official duties. The secretary and each administrator, and director shall: conduct themselves in a manner so as to render decisions that are fair and impartial and in the public interest; avoid impropriety and the appearance of impropriety in all matters under their jurisdiction; avoid all prohibited communications; require staff and personnel subject to their direction and control to observe the same standards of fidelity and diligence; disqualify themselves from proceedings in which their impartiality might reasonably be questioned; refrain from financial or business dealings which would tend to reflect adversely on impartiality, although the secretary, administrators, and directors may hold and manage investments which are not incompatible with the duties of their office or of this section; and conform to such additional rules as may be prescribed by the secretary from time to time.

M.G.L. c. 6C, § 26 Application of Chapter 12A

c. 6C, § 26. Application of Chapter 12A Section 26. Chapter 12A shall apply to the department.

M.G.L. c. 6C, § 27 Exemption from taxes or assessments

c. 6C, § 27. Exemption from taxes or assessments Section 27. (a) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the commonwealth and for the improvement of their health and living conditions and as the operation and of the department shall constitute the performance of essential governmental functions, the department shall not be required to pay any taxes or assessments, except as otherwise provided by this chapter and the notes or bonds issued under this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, at all times shall be free from taxation by and within the commonwealth. (b) The lands and tangible personal property of the department shall be deemed to be public property used for essential public and governmental purposes and shall be exempt from taxation and from betterments and special assessments.

M.G.L. c. 6C, § 28 Annual revenue and expenditure report

c. 6C, § 28. Annual revenue and expenditure report Section 28. In order to promote transparency, accountability and equity, the Massachusetts Department of Transportation, shall not later than October 31, submit an annual revenue and expenditure report to the house and senate chairs of the joint committee on transportation and the chairpersons of the house and senate committees on ways and means. The report shall also be posted on the Massachusetts Department of Transportation's website. The annual revenue and expenditure report shall provide a full accounting of the operational and capital revenues received and expended by the Massachusetts Department of Transportation, the registry of motor vehicles, the aeronautics division and the division of highways and the division of mass transit during the preceding fiscal year ending the preceding June 30, including fiscal activity during the accounts payable period for that fiscal year. The report shall include, among other information necessary to provide a full accounting, the following information relative to revenues: (i) revenues raised by the various state motor fuels taxes, broken down by category, such as gasoline, special fuels and aviation fuel; (ii) revenues raised through fares, which shall be broken down to reflect fares collected for commuter rail, rapid transit, bus service, water transportation, regional transit service and any other similar fares; (iii) tolls collected, broken down by those collected for travel on the metropolitan highway system, for travel on the turnpike and any other similar tolls; (iv) fees collected by the registry of motor vehicles, which shall be broken down by each specific fee; (v) revenues raised by the portion of the sales tax credited to the Massachusetts Transportation Trust Fund and the Commonwealth Transportation Fund; (vi) assessments deposited into the Massachusetts Transportation Trust Fund and the Commonwealth Transportation Fund, broken down by source; (vii) federal funds received from the Federal Highway Administration, funds received from the Federal Transit Administration and (viii) any other similar federal funds; and any other revenues received by the Massachusetts Department of Transportation and any of its divisions including, but not limited to, revenues from parking fares, financial assistance from cities and towns, sponsorships, naming rights and advertising. To provide a full accounting, the report shall also provide the following information relative to expenditures: expenditures by the Massachusetts Department of Transportation and its divisions of highways, division of mass transit, registry of motor vehicles, and aeronautics division, including operating and capital expenditures. In addition to the above-referenced expenditures, the report shall also detail the overall expenditures for commuter rail, rapid transit, water transportation; regional transit services; the statewide road and bridge program, the chapter 90 program, which funds town and county ways; the accelerated bridge program, and any other capital programs administered by the Massachusetts Department of Transportation. The report shall include an accounting of debt of the Massachusetts Department of Transportation, including those projects and programs for which the debt was incurred, and what revenues have been pledged to repay that debt.

M.G.L. c. 6C, § 29 Office of planning and programming; secretary

c. 6C, § 29. Office of planning and programming; secretary Section 29. (a) There shall be within the department an office of planning and programming which shall be under the supervision, direction and control the secretary. The secretary shall be appointed by the governor pursuant to paragraph 2 of section 2. The secretary shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the provisions of law relative to the department and to each administrative unit thereof. The secretary shall act as the executive officer in all matters pertaining to the administration, management, operation, regulation, planning, fiscal and policy development functions and affairs of the departments, agencies, commissions, offices, boards, divisions, and other agencies within the executive office. The secretary shall serve at the pleasure of the governor, shall receive such salary as may be determined by law, and shall devote his full time to the duties of his office. In the case of an absence or vacancy in the office of the secretary, or in the case of disability as determined by the board, the board may designate an acting secretary to serve as secretary until the vacancy is filled or the absence or disability ceases. The acting secretary shall have all the powers and duties of the secretary and shall have similar qualifications as the secretary. (b) The office of planning and programming shall contain the following administrative units: the highway division, the mass transit division, the aeronautics division; and the registry of motor vehicles. (c) The secretary shall, notwithstanding the provisions of chapter 30 and section 9A of chapter 31 and subject to the approval of the governor, appoint 4 administrators: 1 of whom shall be the administrator for highways and shall be a person of skill and experience in the fields of highway management and public works; 1 of whom shall be the administrator for mass transit and shall be a person of skill and experience in the fields of rail transportation or mass transit; 1 of whom shall be the administrator for aeronautics and shall be a person of skill and experience in the field of aeronautics; and 1 of whom shall be the administrator for motor vehicle enforcement, who shall be known as the registrar of motor vehicles and shall be a person of skill and experience in management and motor vehicle law. Each administrator shall receive such salary as the secretary shall determine, subject to the approval of the board, and shall devote his full time to the duties of his office. (d) Subject to appropriation and consistent with subsection (e), the secretary may appoint such persons as he shall deem necessary to perform the functions of the department; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any person holding any such appointment. Every person so appointed to any position in the department shall have experience and skill in the field of such position. So far as practicable in the judgment of the secretary, appointments to such positions in the executive office shall be made by promoting or transferring employees of the commonwealth serving in positions which are classified under said chapter 31, and such appointments shall at all times reflect the professional needs of the administrative unit affected. If an employee serving in a position which is classified under said chapter 31 or in which an employee has tenure by reason of said section 9A of said chapter 30 shall be appointed to a position within this office which is not subject to the provisions of said chapter 31, the employee shall upon termination of his service in such position be restored to the position which he held immediately prior to such appointment; provided, however, that his service in such position shall be determined by the civil service commission in accordance with the standards applied by said commission in administering said chapter 31. Such restoration shall be made without impairment of his civil service status or tenure under said section 9A of said chapter 30 and without loss of seniority, retirement or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.

M.G.L. c. 6C, § 30 Duties of the office of planning and programming; agencies within the office; duties of the secretary

c. 6C, § 30. Duties of the office of planning and programming; agencies within the office; duties of the secretary Section 30. (a) The office of planning and programming shall serve as the principal agency of the executive department for the following purposes: (1) developing, coordinating, administering and managing transportation policies, planning and programs related to design, construction, maintenance, operations and financing; (2) supervising and managing the organization and conduct of the business affairs of the divisions, agencies, commissions, offices, boards, divisions, and other entities within the department to improve administrative efficiency and program effectiveness and to preserve fiscal resources; (3) developing and implementing effective policies and programs to assure the coordination and quality of roadway, transit, airport and port infrastructure and security provided by the secretary and all of the divisions, agencies, commissions, offices, boards, divisions, authorities and other entities within the department. (b) The following state agencies shall be within the office of planning and programming: the highway division, including the government center commission established by section 1 of chapter 635 of the acts of 1960, the mass transit division, the aeronautics division, the registry of motor vehicles division and all other state agencies within the department, except the division of motorboats and the division of waterways. The Massachusetts Bay Transportation Authority, the the Massachusetts Turnpike Authority and any regional transportation authorities established under chapter 161 or 161B shall also be within the jurisdiction of the department. (c) Subject to the approval of the board the secretary may: (1) operate and administer the programs of roadway design, construction, repair, maintenance, capital improvement, development, and planning through the division of highways and other agencies within the department, as appropriate; (2) coordinate and supervise the administration of the department and its agencies to promote economy and efficiency and to leverage federal funding; (3) develop, in consultation with the commonwealth development coordinating council, and administer a long-term state-wide transportation plan for the commonwealth that includes planning for intermodal and integrated transportation; (4) develop, based on a public hearing process, procedures to be used for transportation project selection; (5) establish criteria for project selection to be used in the procedures developed pursuant to clause (4); (6) enter into agreements with commissions, offices, boards, divisions, authorities and other entities within the department to improve divisions, agencies, administrative efficiency and program effectiveness and to preserve fiscal resources; (7) pursuant to chapter 30A, make, amend and repeal rules and regulations for the management and administration of the department and agencies within the department; (8) execute all instruments necessary for carrying out the business of the department and its agencies; (9) acquire, own, hold, dispose of, lease and encumber property in the name of the department and its agencies; (10) enter into agreements and transactions with federal, state and municipal agencies and other public institutions and private individuals, partnerships, firms, corporations, associations and other entities on behalf of the department or its agencies; and (11) apply for and accept funds, including grants, on behalf of the commonwealth in accordance with applicable law. The secretary may delegate any of the foregoing powers to an officer having charge of a division, office, division or other administrative unit within the executive office. (d) The secretary shall: (1) develop and administer a long-term statewide transportation plan that shall include planning for intermodal and integrated transportation; (2) create a future project prioritization list, separated by mode of transportation; (3) include detailed information regarding all construction projects for which the department has expended funds during the preceding 5 fiscal years, which shall include: (i) the location and street name, including a brief description of the work to be performed; (ii) all project identifying numbers used within the department or with respect to any federal or state grant or funding program including, without limitation, any contract numbers, transportation incentive program numbers or Transportation Infrastructure Finance and Innovation Act or other federal aid numbers; (iii) all contractors, engineers, architects and other service professionals who have performed work on the project; (iv) all amounts expended, including payee name and date of disbursement with respect to each disbursement; (v) total projected and actual cost; (vi) projected and actual start and completion dates; (vii) projected and actual milestone dates and details; (viii) identification and a brief description of any issues, factors or other causes that have affected or are anticipated to affect the projected cost and completion date of any project; and (ix) the names and contact information of the project manager within the department or other department personnel with oversight authority; (4) compare each project to the metrics established by the department's office of performance management and innovation; and (5) make the long-term statewide transportation plan available on the department's website. (e) The secretary shall collaborate with other state agencies to reduce greenhouse gas emissions to achieve the greenhouse gas emission limits established in chapter 21N.

M.G.L. c. 6C, § 31 Administrative units within the office of planning and programming

c. 6C, § 31. Administrative units within the office of planning and programming Section 31. (a) The secretary may from time to time, subject to appropriation, establish within the office of planning and programming such administrative units as may be necessary for the efficient and economical administration of the office of planning and programming, and when necessary for such purpose, may abolish any such administrative unit, or may merge any 2 or more units, as the secretary deems advisable. The secretary shall prepare and keep current a statement of the organization of the office of planning and programming, of the assignment of its functions to its various administrative units, offices and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the department's description of organization. A current copy of the description of organization shall be kept on file in the office of the secretary of state and in the office of the secretary of administration. [There is no subsection (b).]

M.G.L. c. 6C, § 32 Federal gifts, loans or grants-in-aid for improved transportation management systems

c. 6C, § 32. Federal gifts, loans or grants-in-aid for improved transportation management systems Section 32. The secretary shall apply for, accept and expend, subject to appropriation, on behalf of the commonwealth, any gift, loan or grant-in-aid from the federal government, or any agency or instrumentality thereof for demonstration projects and programs as may become available to the commonwealth for the purpose of energy conservation for improved transportation management systems or for improved transportation management systems.

M.G.L. c. 6C, § 33 Healthy transportation compact

c. 6C, § 33. Healthy transportation compact Section 33. There shall be established within the department a healthy transportation compact. The secretary and the secretary of health and human services shall work cooperatively to adopt best practices to increase efficiency to achieve positive health outcomes through the coordination of land use, transportation and public health policy. The compact shall consist of the secretary or his designee, the secretary of health and human services or his designee, the secretary of energy and environmental affairs or his designee, the administrator of transportation for highways or his designee, the administrator of transportation for mass transit or his designee, and the commissioner of public health or his designee. The secretary and the secretary of health and human services, or their designees, shall serve as co-chairpersons of the compact. The chairpersons shall convene and preside at meetings of the compact, determine the agenda of the compact, direct its work and, as appropriate to particular subject matters, establish and direct subgroups of the compact, which shall consist exclusively of the compact's members. The compact shall: (i) promote inter-secretariat cooperation and the establishment of a healthy transportation policy, including appropriate mechanisms to minimize duplication and overlap of state and federal programs and services; (ii) develop a healthy transportation framework that increases access to healthy transportation alternatives that reduce greenhouse gas emissions, improves access to services for persons with mobility limitations and increases opportunities for physical activities; (iii) develop methods to increase bicycle and pedestrian travel, incorporate the principles, findings and recommendations of the Massachusetts bicycle transportation plan and establish a framework for implementation of the Bay State Greenway Network; (iv) develop and implement, in consultation with the bicycle and pedestrian advisory board established in section 11A of chapter 21A, administrative and procedural mechanisms, including the promulgation of rules and regulations, consistent with the most current edition of the Project Development and Design Guide, or its successor, to encourage the construction of complete streets, designed and operated to enable safe access for pedestrians, bicyclists, motorists and bus riders of all ages to safely move along and across roadways in urban and suburban areas; (v) establish methods to implement the use of health impact assessments to determine the effect of transportation projects on public health and vulnerable populations; (vi) facilitate access to the most appropriate, cost-effective transportation services within existing resources for persons with mobility challenges; (vii) expand service offerings for the Safe Routes to Schools program; (viii) explore opportunities and encourage the use of public-private partnerships with private and nonprofit institutions; (ix) seek to establish an advisory council with private and nonprofit advocacy groups as the compact sees fit; (x) institute a health impact assessment for use by planners, transportation administrators, public health administrators and developers; and (xi) develop and implement a method for monitoring progress on achieving the goals of this section and provide any other recommendations that would, in the judgment of the compact, advance the principles set forth in this section.

M.G.L. c. 6C, § 34 Fiscal analysis prior to expending of funds or final approval of transportation infrastructure project

c. 6C, § 34. Fiscal analysis prior to expending of funds or final approval of transportation infrastructure project Section 34. Prior to the final approval of a transportation infrastructure project, including mass transit expansion or the construction of new roadways with a projected capital cost of more than $15,000,000, and prior to expending any funds for the planning, design and construction of any such project, the secretary of transportation shall request that the administrator of the appropriate division of the Massachusetts Department of Transportation prepare a fiscal analysis, including life cycle costs, demonstrating that sufficient revenues exist or will be generated to operate and maintain in good repair a new transportation asset. This analysis shall be also be submitted to any advisory boards to the respective divisions of the Massachusetts Department of Transportation. If a project for the expansion of mass transit has a projected total cost in excess of $200,000,000, the secretary of transportation shall submit the analysis to the secretary of administration and finance for a determination as to which costs, if any, will become part of the commonwealth's plan of capital expenditures.

M.G.L. c. 6C, § 35 Annual report of department's activities

c. 6C, § 35. Annual report of department's activities Section 35. The secretary shall annually submit a complete and detailed report of the department's activities within 90 days after the end of the fiscal year to the clerk of the house of representatives, the clerk of the senate, the chairs of the joint committee on transportation and the chairs of the house and senate committees on ways and means. The secretary shall make the report available on the department's website.

M.G.L. c. 6C, § 36 Definitions applicable to Secs. 41 to 56

c. 6C, § 36. Definitions applicable to Secs. 41 to 56 Section 36. As used in sections 41 to 56, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Division'', the division of highways. ''Administrator'', the administrator of transportation for highways.

M.G.L. c. 6C, § 37 Division of highways; administrator

c. 6C, § 37. Division of highways; administrator Section 37. There shall be within the department a division of highways, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department's authority over state highways. The division shall be under the supervision and control of the administrator. The administrator shall be the executive and administrative head of the division and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof. The duties given to the administrator in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary. The administrator shall be exempt from chapter 31 and the position of administrator shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The administrator shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as the construction, operations or financing thereof or other relevant experience relative to the efficient exercise of his powers and duties. The administrator shall administer this section and the General Laws, rules and regulations that grant powers to or impose duties upon the division, subject to the supervision of the secretary.

M.G.L. c. 6C, § 38 Duties of the division of highways

c. 6C, § 38. Duties of the division of highways Section 38. The division shall be responsible for the administration and enforcement of chapter 81 and for the administration and management of the state highway system. The division shall: (1) administer the design, construction, reconstruction, repair, rehabilitation, improvement, operation and maintenance of roads and bridges within the commonwealth; (2) enter into any contracts and agreements necessary or desirable to carry out its purposes; (3) make, and from time to time revise, regulations for the conduct of the business of the division and all regulations otherwise required by law; (4) collaborate with other agencies and authorities as may be appropriate in fields related to transportation, development, public safety and security; (5) prepare and submit to the governor, the board and the general court an annual report describing the organization of the division, and with the approval of the secretary, reviewing the work of the division, recommending legislation and other action by the governor and the general court, and (6) submit such other reports as the secretary or the general court may require from time to time.

M.G.L. c. 6C, § 39 Administrative units within the division of highways; description of organization; appointments

c. 6C, § 39. Administrative units within the division of highways; description of organization; appointments Section 39. (a) The administrator may from time to time, subject to the approval of the secretary, establish within the division such administrative units, district or other offices as may be necessary for the efficient and economical administration of the division, and when necessary for such purpose, may abolish any such administrative unit, or may merge any 2 or more units, as the administrator deems advisable; provided, however, that the administrator shall establish the following units: highway engineering, highway construction and highway maintenance. Each such unit shall be under the direction, control and supervision of the administrator. The administrator shall assign to all officials, agents and employees of the units their respective duties. The administrator shall prepare and keep current a statement of the organization of the division, of the assignment of its functions to its various administrative units, offices and employees and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the division's description of organization. A current copy of the description of organization shall be kept on file in the office of the secretary of state and in the office of the secretary of administration. (b) The administrator may appoint and remove without regard to chapter 31, but with the approval of the secretary: a chief engineer; 5 deputy chief engineers; an assistant chief engineer; a highway and structures engineer; a bridge engineer; highway engineers; district highway engineers; a general counsel to serve in the office of the administrator; a director to serve in the division of administrative services; 4 executive assistants to the administrator; a personnel director; a director of the right of way bureau; and a director of public information. The total number of appointments to be made by the administrator under this subsection shall not exceed 35. No person holding an appointment under this subsection shall be subject to section 9A of chapter 30 or chapter 31. Nothing in this section shall be deemed to exempt the positions named herein from sections 45 to 50, inclusive, of said chapter 30. So far as practicable in the judgment of the administrator, appointments to said positions not classified under said chapter 31 shall be made by promoting employees of the commonwealth serving in positions so classified. Any person appointed to the position of chief engineer, deputy chief engineer, assistant chief engineer, highway and structures engineer, bridge engineer, highway engineer or district highway engineer shall be a person of experience and skill as an engineer and shall be: (i) an employee of the division holding an office or position classified under said chapter 31 with permanent status of senior civil engineer or higher; (ii) a registered professional engineer; or (iii) a person who has received the degree of bachelor of science in an appropriate engineering discipline from an accredited college or university. If an employee of the commonwealth having permanent status in a position classified under or having tenure by reason of section 9A of said chapter 30 is so promoted to such unclassified position, upon termination of service in such unclassified position, the employee shall: be restored to the position from which he was promoted or to a position equivalent thereto in the salary grade in the same state agency; or if he had been promoted in accordance with said chapter 31 in the unclassified position, to the position to which he was so promoted or to a position equivalent thereto in salary grade in the same state agency. In cases of restoration under said section 9A of said chapter 30 or said chapter 31, such restoration shall be without impairment of civil service status or tenure under said section 9A of said chapter 30, and without loss of the seniority, retirement and other rights to which uninterrupted service in the position would have entitled the employee; provided, however, that if his service in such unclassified position has been terminated for cause, the employee's right to be restored shall be determined by section 43 of said chapter 31. During the period of such appointment the person so appointed shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible. (c) The administrator shall establish within the division an internal project controls unit to oversee all statewide program projects in line with the department's performance and asset management system. The administrator shall establish and implement project controls to ensure that projects carried out pursuant to this chapter shall be completed in the most efficient possible manner. The internal project controls unit shall be subject to section 29A of chapter 29.

M.G.L. c. 6C, § 40 Procedure for recommending approval or disapproval of contracts

c. 6C, § 40. Procedure for recommending approval or disapproval of contracts Section 40. The administrator shall establish a procedure for recommending to the secretary approval or disapproval of all contracts, including specifications, made by the division and any changes, alterations, amendments or modifications thereof and for contract appeals of all claims made under any contract with the division with the exception of claims subject to section 39Q of chapter 30. Any person aggrieved by a decision of the secretary acting in regard to contract appeals may bring suit against the commonwealth for recovery of damages based on such claim under chapter 258. To assist the secretary and administrator in performing this function, the governor may appoint and remove a person of legal training and experience, who shall be a member of the bar of the commonwealth, to the position of hearing examiner. The hearing examiner shall devote his full time during business hours to the duties of this position. The position shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The secretary may refer any dispute concerning contracts, contract specifications or the execution of contracts not subject to said section 39Q of said chapter 30 to the hearing examiner for a report on the matter, including a recommendation as to the disposition of the dispute. The hearing examiner shall hear all claims by contractors from determinations of the division with the exception of claims subject to said section 39Q of said chapter 30 and shall, after hearing, render to the secretary a report of the matter including a recommendation as to the disposition of the claim. The examiner shall, at the request of the contractor or of the division or on his own motion, summon witnesses and require the production of books and records and take testimony under oath. Such reports shall be maintained as public records in a place and form fully accessible to the public.

M.G.L. c. 6C, § 41 Engineering internship program

c. 6C, § 41. Engineering internship program Section 41. With the approval of the personnel administrator, the administrator may establish in the division a program of engineering internship and may recruit qualified persons to serve in the division as highway engineer interns. Every effort shall be made to recruit qualified persons who reflect the diversity of the commonwealth. The number of persons employed in the division as highway engineer interns shall at no time exceed 7, nor may such highway engineer interns employed by the division be placed in a salary grade higher than that of a junior civil engineer in the division. No person shall be appointed or employed as a highway engineer intern except upon requisition made by the administrator and upon certification by the personnel administrator from an eligible list prepared in accordance with chapter 31 and the rules made thereunder; provided, however, that the administrator shall establish such eligible list before June 1 in each calendar year by holding a competitive examination which shall be open only to persons who, as candidates for the degree of bachelor of science in engineering are enrolled in at least the junior year as students in any college of the commonwealth, or are Massachusetts residents attending a college of recognized standing outside the commonwealth and to persons who, within the 4 years next preceding, have been awarded the degree of bachelor of science in engineering from a college of recognized standing. The eligible list established each year shall expire upon the establishment of the eligible list in the following year. No person shall be certified for appointment as a highway engineer intern unless he has been awarded the degree of bachelor of science in engineering. Upon appointment as a highway engineer intern, made in accordance with chapter 31 and the rules made thereunder, the appointee shall sign an agreement binding him to serve as highway engineer intern for a minimum of 2 years unless his employment is sooner terminated by the administrator. It shall be the duty of the administrator to rotate the assignments of each intern during his period of employment in order that such intern may acquire diversified experience in the engineering programs of the department. The names of persons appointed as highway engineer interns shall be entered in order of date of appointment on a list to be known as ''highway engineer intern list'' in the division of civil service. Upon completion of 2 years of employment as interns under agreements provided for in this section, persons shall be eligible without further examination for appointment as junior civil engineers, providing a vacancy exists in said title in the department and, upon requisition of the administrator, the names of such persons shall be certified for appointment by the personnel administrator from the highway engineer intern list in accordance with the rules of the civil service commission, except that the basis of certification shall be the order of appointment to such highway engineer intern list.

M.G.L. c. 6C, § 42 Co-operative engineer program

c. 6C, § 42. Co-operative engineer program Section 42. The administrator may establish a co-operative engineer program and may enter into agreements with colleges of recognized standing within the commonwealth, including colleges which have summer programs, which have established a curriculum leading to a degree of bachelor of science in engineering on a co-operative basis, contemplating regularly rotating work activity in the field of engineering and an equal period of classroom training. The administrator may employ persons enrolled as candidates for the degree of bachelor of science in engineering in any such college to serve in the department in the position of student engineer; provided, however, that the position of student engineer shall be in a grade lower than that of junior civil engineer in the department; and provided, further, that at no time shall the number of persons employed in the department as student engineers exceed 8. Upon completion of not less than 2 years of employment as student engineer, a person shall be eligible to apply for the examination for highway engineer intern. No person shall be employed as a student engineer for more than 6 years.

M.G.L. c. 6C, § 43 Real estate appraisal review board

c. 6C, § 43. Real estate appraisal review board Section 43. (a) There shall be within the division a real estate appraisal review board. The board shall consist of not less than 3 nor more than 5 members to be appointed by the governor, 2 of whom shall be certified general real estate appraisers licensed by the board of real estate appraisers pursuant to section 92 of chapter 13. Members of the board shall be appointed for terms of 3 years or until a successor is appointed. Members shall be eligible to be reappointed and may be compensated at a rate to be determined by the division. Members of the board shall be state employees for the purposes of chapter 268A. A chairman of the board shall be elected annually from the membership. The division shall provide administrative support to the council as requested. In the event of a vacancy on the board, the governor shall appoint a new member consistent with this section to fulfill the remainder of the unexpired term. (b) The division shall not purchase or acquire by eminent domain any real property or any interest in real property with a value in excess of $300,000 without the written approval of the board. (c) The board shall meet periodically, but not less than twice each year. The board shall keep a public record of all meetings, votes and other business. (d) The board shall submit an annual report of its activities during the preceding fiscal year not later than September 1 to the governor, the secretary of the Massachusetts Department of Transportation, the administrator, the chairs of the joint committee on transportation and the chairs of the house and senate committees on ways and means.

M.G.L. c. 6C, § 44 Functional replacement of real property in public ownership; relocation of utility or utility facility

c. 6C, § 44. Functional replacement of real property in public ownership; relocation of utility or utility facility Section 44. (a) The division may provide functional replacement of real property in public ownership if the division has acquired such property, in whole or in part, under this chapter or if such property is significantly and adversely affected as a result of the acquisition of property for a highway or highway-related project or if the division determines that functional replacement is necessary and in the public interest. For the purposes of this section, ''functional replacement'' shall mean the replacement, pursuant to chapter 7, requiring authorization of the general court prior to disposition of real property, including either land or facilities thereon, or both, which shall provide equivalent utility. For the purposes of this section ''real property in public ownership'' shall mean any present or future interest in land, including rights of use, now existing or hereafter arising, held by an agency, authority, board, bureau, commission, department, division or other unit, body, instrumentality or political subdivision of the commonwealth. This section shall not constitute authorization by the general court as required by said chapter 7. (b) If the division determines it is necessary that a utility or utility facility, underground or otherwise and as defined under federal law, be relocated because of construction of a project which is to be reimbursed federally, in whole or in part, or which is to be paid by the commonwealth, in whole or in part, such facility shall be relocated by the division or by the owner thereof in accordance with an order from the division. Failure to comply with an order from the division shall be subject to enforcement under chapter 81. The division shall reimburse the owner of such utility or utility facility for the cost of relocation subject to the limitations in subsection (e) and in accordance with the following formula: for any utility facility that is to be reimbursed federally, in whole or in part, and for any utility facility that does not qualify for federal reimbursement, the division shall reimburse the owner at least 50 per cent of the costs of relocating the utility facility; in no case shall a utility be reimbursed for any type of betterment; reimbursement is for relocation costs only. For purposes of this section, betterment shall be defined in accordance with the definition that is set forth for that term in the division's policies. (c) Any relocation of facilities carried out pursuant to this section which is not performed by employees of the owner shall be subject to sections 26 to 27F, inclusive, of chapter 149. (d) Notwithstanding any general or special law to the contrary, any utility facility that is required to be relocated because of the construction of a project federally funded under the Federal–Aid Highway Act of 1982 and the Federal–Aid Highway Act of 1987 may be relocated temporarily above ground during the construction of the project. (e) A utility relocation shall be eligible for reimbursement pursuant to this section only if it is completed to the satisfaction of the division within target dates established by the division and in accordance with design criteria set forth by the division for the relocation in a manner that facilitates the timely completion of the affected project.

M.G.L. c. 6C, § 46 Lease of air rights over land owned by the department in connection with the turnpike and the Boston extension portion of the metropolitan highway system

c. 6C, § 46. Lease of air rights over land owned by the department in connection with the turnpike and the Boston extension portion of the metropolitan highway system Section 46. In addition to any other power the department may have to enter into leases, the department may lease, at 1 time or from time to time, for terms not to exceed 99 years, upon such terms and conditions as the department in its discretion deems advisable, air rights over land owned or held by the department in connection with the turnpike and the Boston extension portion of the metropolitan highway system, including rights for support, access, utilities, light and air for such purposes as, in the opinion of the department, shall not impair the construction, full use, safety, maintenance, repair, operation or revenues of the turnpike or the metropolitan highway system but any such lease for a period of 40 years or more shall be subject to the approval of the governor. Any lease granted under this section may, with the consent of the department, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action. The department shall not lease any air rights in a particular location unless it shall find that the construction and use of buildings or other things to be erected or affixed pursuant to any such lease shall be in no way detrimental to the maintenance, use and operation of the turnpike or the metropolitan highway system and, in the city of Boston, unless the department shall also find, after consultation with the mayor of said city of Boston, that the construction and use of such buildings or other things shall preserve and increase the amenities of the community. The construction or occupancy of any building or other thing erected or affixed under any lease under this section of air rights shall be subject to the building, fire, garage, health and zoning laws and the building, fire, garage, health and zoning ordinances, by-laws, rules and regulations applicable in the city or town in which such building or other thing is located. A copy of all leases granted by the department under this section shall be filed by the department with the governor and with the mayor or chairperson of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of section 10 of chapter sixty-six. Neither such air rights nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the department under any general or special law; provided, however, that buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that no part of the value of the land shall be included in any such assessment; and provided, further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such real estate is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have, for the collection of taxes assessed under this section, all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns. The department shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town wherein such building or other thing leased is located, a sum of money in lieu of taxes which would otherwise be assessed for such year.

M.G.L. c. 6C, § 46A Lease of land owned by the department and no longer required for the turnpike or the Boston extension of the metropolitan highway system

c. 6C, § 46A. Lease of land owned by the department and no longer required for the turnpike or the Boston extension of the metropolitan highway system Section 46A. In addition to any other power the department may have to make leases, the department may lease at one time or from time to time for terms not to exceed ninety-nine years, upon such terms and conditions as the department in its discretion deems advisable, land owned by the department and no longer required for the maintenance, repair, reconstruction, improvement, use, administration or operation of the turnpike or the Boston extension of the metropolitan highway system; provided, however, that any such lease for a period of forty years or more shall be subject to the approval of the governor. A lease granted under this section may, with the consent of the department, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action. The construction or occupancy of any building or other thing erected or affixed under any lease of land under this section shall be subject to the building, fire and zoning laws, ordinances or by-laws applicable in the city or town wherein such building or other thing is located. A copy of all leases granted by the department under the provisions of this section shall be filed by the department with the governor and with the mayor or chairman of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of chapter sixty-six. Neither such land nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the department under any general or special law; provided, however, that such land and buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such land is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns. The department shall include in any lease of such land a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town in which such leased land is located a sum of money in lieu of taxes which would otherwise be assessed for such year.

M.G.L. c. 6C, § 50 Regional mobility assistance program

c. 6C, § 50. Regional mobility assistance program Section 50. (a) The administrator shall establish a regional mobility assistance program to assist cities and towns in geographic regions of the commonwealth with public works improvements and enhancements for transportation-related projects as deemed necessary by the department for the (1) development, rehabilitation, and improvement of tourism expansion corridors, (2) protection of historic centers, (3) promotion of improved mobility and access from neighboring states, and (4) promotion of local economic growth and reliability for transportation facilities in rural and less accessible regions of the commonwealth. The administrator may promulgate rules or regulations or implement such other procedures in accordance with this section, which shall govern the criteria by which the funds shall be distributed and the method by which a regional project shall be selected. (b) The administrator may, subject to appropriation, commit the funds pursuant to this section through projects to be undertaken by the division or by executing a grant or other contractual agreement with a municipality and, upon execution, the funds so committed shall be made available as a grant directly to the municipality which has entered into an agreement without further review or approval of the department. Each agreement shall contain assurances satisfactory to the secretary that the municipality will award a construction contract for the project which is the subject of the agreement not later than 180 days after the date of execution of the agreement. (c) In the event that a contract is not awarded by the municipality within the period provided in subsection (b), the administrator may require, by written notification to the municipality, that the funds paid to it by the commonwealth pursuant to the agreement shall be returned forthwith to the commonwealth. (d) The administrator may, through execution of a grant or other contractual agreement as provided in subsection (b), commit an amount of funds up to but not exceeding the aggregate amount of funds returned by municipalities under subsection (c) to any other municipality which has otherwise complied with the applicable requirements for such projects, including the terms and conditions provided in this section.

M.G.L. c. 6C, § 51 Definitions applicable to Secs. 52 to 54

c. 6C, § 51. Definitions applicable to Secs. 52 to 54 Section 51. As used in sections 52 to 54, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Division'', the Mass Transit division. ''Administrator'', the administrator of transportation for the Mass Transit division.

M.G.L. c. 6C, § 52 Mass Transit division; administrator

c. 6C, § 52. Mass Transit division; administrator Section 52. There shall be within the department a Mass Transit division, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department's authority over mass transit systems. The division shall be under the supervision and control of the administrator. The administrator shall be the executive and administrative head of the division and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof. The duties of the administrator in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary. The administrator shall be exempt from chapter 31 and the position of administrator shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The administrator shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as the construction, operations or financing thereof or other relevant experience relative to the efficient exercise of his powers and duties. The administrator shall administer this section and the General Laws, rules and regulations that grant powers to or impose duties upon the division, subject to the supervision of the secretary.

M.G.L. c. 6C, § 53 Duties of the Mass Transit division

c. 6C, § 53. Duties of the Mass Transit division Section 53. The division shall be responsible for overseeing, coordinating and planning all transit and rail matters throughout the commonwealth. The division shall administer and manage: the freight and rail programs of the department pursuant to chapter 161C and the intercity bus capital assistance program pursuant to chapter 161D. The division shall oversee and coordinate the activities of the Massachusetts Bay Transportation Authority established pursuant to chapter 161A, the regional transit authorities and regional transit authority council established pursuant to 161B. The division shall take such steps as may be necessary to provide for the development, promotion, preservation and improvement of an adequate, safe, efficient and convenient rail system for the movement of passengers. In carrying out the purposes of this section, the division shall seek to encourage and develop rail services which promote and maintain the economic well-being of citizens and which preserve the environment and natural resources.

M.G.L. c. 6C, § 54 Administrative units within the Mass Transit division; statement of organization

c. 6C, § 54. Administrative units within the Mass Transit division; statement of organization Section 54. The administrator may from time to time, subject to the approval of the secretary, establish within the division such administrative units as may be necessary for the efficient and economical administration of the division and, when necessary for such purpose, may abolish any such administrative unit or may merge any 2 or more units, as the administrator deems advisable; provided, however, that the administrator shall establish the following units: highway engineering, highway construction and highway maintenance. Each such unit shall be under the direction, control and supervision of the director. The director shall assign to all officials, agents and employees of the units their respective duties. The administrator shall prepare and keep current a statement of the organization of the division, of the assignment of its functions to its various administrative units, offices and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the division's description of organization. A current copy of the description of organization shall be kept on file in the office of the state secretary and in the office of the secretary of administration and finance.

M.G.L. c. 6C, § 55 Definitions applicable to Secs. 56 to 57

c. 6C, § 55. Definitions applicable to Secs. 56 to 57 Section 55. As used in sections 56 to 57, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Registry'', the registry of motor vehicles. ''Administrator'', the administrator of transportation for motor vehicles.

M.G.L. c. 6C, § 56 Registry of motor vehicles; administrator

c. 6C, § 56. Registry of motor vehicles; administrator Section 56. There shall be within the department a registry of motor vehicles, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department's authority over motor vehicles. The registry shall be under the supervision and control of the administrator, who shall be known as the registrar of motor vehicles. The administrator shall be the executive and administrative head of the registry and shall be responsible for administering and enforcing the provisions of law relative to the registry and to each administrative unit thereof. The duties given to the administrator in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary. The administrator shall appoint a deputy registrar, assistant to the registrar, hearings officers and supervising inspectors and may appoint such other officers and employees as may be necessary to carry out the work of the registry. In the event of a vacancy in the office of registrar, his powers and duties shall be exercised and performed by the deputy registrar until a registrar is duly qualified. The administrator shall be exempt from chapter 31 and the position of administrator shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The administrator shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as the construction, operations or financing thereof or other relevant experience relative to the efficient exercise of his powers and duties. The administrator shall administer this section and the General Laws, rules and regulations that grant powers to or impose duties upon the division, subject to the supervision of the secretary.

M.G.L. c. 6C, § 57 Administrative units within the registry of motor vehicles; statement of organization

c. 6C, § 57. Administrative units within the registry of motor vehicles; statement of organization Section 57. The administrator may from time to time, subject to the approval of the secretary, establish within the registry such administrative units as may be necessary for the efficient and economical administration of the registry, and when necessary for such purpose, may abolish any such administrative unit, or may merge any 2 or more units, as the administrator deems advisable. The administrator shall assign to all officials, agents and employees of the units their respective duties. The administrator shall prepare and keep current a statement of the organization of the registry, of the assignment of its functions to its various administrative units, offices and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the registry's description of organization. A current copy of the description of organization shall be kept on file in the office of the state secretary and in the office of the secretary of administration and finance.

M.G.L. c. 6C, § 57A Motor vehicle insurance merit rating board

c. 6C, § 57A. Motor vehicle insurance merit rating board Section 57A. (a) There shall be within the registry of motor vehicles a motor vehicle insurance merit rating board, in this section called the board. The board shall consist of the registrar of motor vehicles, who shall serve as chair, the commissioner of insurance and the attorney general or a designee. The board shall appoint a director, who shall not be subject to chapter 31. The board shall formulate and administer a plan for compiling, gathering and disseminating information, operator records and histories and such other data as it deems necessary or appropriate pertaining to motor vehicle accidents, claims under motor vehicle policies and motor vehicle violations in order to facilitate the implementation and operation of the safe driver insurance plan provided in section 113B of chapter 175. (b) The plan shall include a system for gathering and maintaining the information provided for in subsection (a) and for its prompt and efficient dissemination to insurance companies making inquiry with respect to the motor vehicle accident, motor vehicle insurance claim and motor vehicle violation record of any owner or operator insured by or applying for insurance from such insurer. For an at-fault accident claim, a minor accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $1,000 but is not more than $5,000 under: (i) property damage liability coverage; (ii) collision coverage; (iii) limited collision coverage; (iv) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (v) as a result of an accident with a bodily injury liability coverage claim. For an at-fault accident claim, a major accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $5,000 under either (A): property damage liability coverage; (B) collision coverage; (C) limited collision coverage; (D) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (E) as a result of an incident with a bodily injury liability coverage claim. These records and data disseminated by the plan shall be used exclusively for motor vehicle insurance purposes and criminal law enforcement purposes. Whoever disseminates or uses records or data disseminated under the plan in violation of this section shall be punished by a fine of not more than $1,000 for each offense or by imprisonment for not more than 1 year, or both. (c) The board shall have access to criminal offender record information for the purpose of developing the plan. The department of criminal justice information services shall certify the board and each insurance company doing motor vehicle insurance business within the commonwealth for access to criminal offender record information pertaining to violations of chapter 90 by its insureds. The board and each such insurance company shall comply with the regulations of the department of criminal justice information services and shall be subject to sections 172 to 178, inclusive, of chapter 6. (d) The board may expend for expenses and for legal, investigative, clerical and other assistance amounts appropriated for those purposes. All costs of administration and operation of the board shall be borne by insurance companies doing motor vehicle insurance business within the commonwealth. The commissioner of insurance shall apportion estimated costs among all such companies and shall assess those companies for those costs on a fair and reasonable basis. The estimated costs shall be paid to the commissioner within 30 days after the date of the notice from the commissioner of these estimated costs. The commissioner shall subsequently apportion actual costs among all such companies and shall make assessment adjustments for any variation between estimated and actual costs on a fair and reasonable basis. The estimated and actual costs shall include an amount equal to indirect costs as determined by the secretary of administration and finance and shall also include the cost of fringe benefits as established by the secretary of administration and finance.

M.G.L. c. 6C, § 58 Definitions applicable to Secs. 59 to 61

c. 6C, § 58. Definitions applicable to Secs. 59 to 61 Section 58. As used in sections 59 to 61, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Division'', the aeronautics division. ''Administrator'', the administrator of transportation for aeronautics.

M.G.L. c. 6C, § 59 Aeronautics division; administrator

c. 6C, § 59. Aeronautics division; administrator Section 59. There shall be within the department an aeronautics division, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department's authority over aeronautics. The division shall be under the supervision and control of the administrator. The administrator shall be the executive and administrative head of the division and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof. The duties given to the administrator in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary. The administrator shall be exempt from chapter 31 and the position of administrator shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The administrator shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as the construction, operations or financing thereof or other relevant experience relative to the efficient exercise of his powers and duties. The administrator shall administer this section and the General Laws, rules and regulations that grant powers to or impose duties upon the division, subject to the supervision of the secretary.

M.G.L. c. 6C, § 60 Duties of the aeronautics division

c. 6C, § 60. Duties of the aeronautics division Section 60. The division shall be responsible for the administration and enforcement of sections 35 through 52, inclusive, of chapter 90 and other laws relating to aeronautics.

M.G.L. c. 6C, § 61 Administrative units within the aeronautics division; statement of organization

c. 6C, § 61. Administrative units within the aeronautics division; statement of organization Section 61. The administrator may from time to time, subject to the approval of the secretary, establish within the division such administrative units as may be necessary for the efficient and economical administration of the division and, when necessary for such purpose, may abolish any such administrative unit, or may merge any 2 or more units, as the administrator deems advisable. The administrator shall assign to all officials, agents and employees of the units their respective duties. The administrator shall prepare and keep current a statement of the organization of the division, of the assignment of its functions to its various administrative units, offices and employees and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the division's description of organization. A current copy of the description of organization shall be kept on file in the office of the state secretary and in the office of the secretary of administration and finance.

M.G.L. c. 6C, § 62 Definitions applicable to Secs. 62 to 73

c. 6C, § 62. Definitions applicable to Secs. 62 to 73 Section 62. As used in sections 62 to 73, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:— ''Affected jurisdiction'', any city or town, or other unit of government within the commonwealth in which all or part of a transportation facility is located or any other public entity directly affected by the transportation facility. ''Architectural and engineering services'',: (1) professional services of an architectural or engineering nature, as defined by applicable state law, which are required to be performed or approved by a person licensed, registered or certified to provide such services as described in this definition; (2) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration or repair of real property; and (3) such other professional services of an architectural or engineering nature or incidental services, which members of the architectural and engineering professions and employees thereof may logically or justifiably perform, including: studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals and other related services. ''Department'', the Massachusetts Department of Transportation. ''Construction'', the process of building, altering, repairing, improving or demolishing any transportation facility, including any structure, building or other improvements of any kind to real property. ''Construction'' shall not include the routine operation, routine repair or routine maintenance of any existing transportation facility, including structures, buildings or real property. ''Force majeure'', an uncontrollable force or natural disaster not within the power of the operator or the commonwealth. ''Contract'', any agreement, including a public-private agreement for the procurement, operation or disposal under sections 61 to 73, inclusive, of a transportation facility by the department. ''Contract modification'', any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provisions of any contract accomplished by mutual action of the parties to the contract. ''Contractor'', any person having a contract with the department under sections 61 to 73, inclusive. ''Cooperative purchasing'', procurement conducted by, or on behalf of, an affected jurisdiction. ''Design-build-finance-operate-maintain'', a project delivery method in which the department enters into a single contract for design, construction, finance, maintenance and operation of a transportation facility over a contractually defined period. Any potential available payments to be appropriated by the commonwealth while services are being provided by the contractor during the contract period shall be identified in the request for proposals and contract. The financial amount and duration of such potential available payments and the terms and conditions upon which they may be appropriated shall be identified in the request for proposals and contract. ''Design-build-operate-maintain'', a project delivery method in which the department enters into a single contract for design, construction, maintenance and operation of a transportation facility over a contractually defined period. All or a portion of the funds required to pay for the services provided by the contractor during the contract period shall either be appropriated by the commonwealth or by the department prior to award of the contract or secured by the commonwealth or by the department through fare, toll or user charges. ''Design requirements'', the written description of the transportation facility or service to be procured under sections 61 to 73, inclusive, including: (1) required features, functions, characteristics, qualities and properties required by the department; (2) the anticipated schedule, including start, duration and completion; and (3) estimated budgets as applicable to the specific procurement for design, construction, operation and maintenance; provided, however, that design requirements may include drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project. ''Independent peer reviewer services'', additional architectural and engineering services provided to the department in design-build-operate-maintain or design-build-finance-operate-maintain procurements to confirm that the key elements of the professional engineering and architectural design provided by the contractor are in conformance with the applicable standard of care. ''Maintenance'', includes routine operation, routine maintenance, routine repair, rehabilitation, capital maintenance, maintenance replacement and any other categories of maintenance that may be designated by the department. ''Material default'', failure of a contractor to perform any duties under a public-private agreement which jeopardizes delivery of adequate service to the public and remains unsatisfied after a reasonable period of time and after the operator has received written notice from the department of the failure. ''Operate'', any action to operate, maintain, repair, rehabilitate, improve, equip or modify a transportation facility, including the design and construction of repairs, improvements or modifications to a transportation facility. ''Operator'', a private entity that has entered into a public-private agreement to provide design-build-finance-operate-maintain or design-build-operate-maintain services under sections 61 to 73, inclusive. ''Private entity'', a natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity or other business entity. ''Proposal development documents'', drawings and other design-related documents that are sufficient to fix and describe the size and character of a transportation facility as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate to the applicable project delivery method. ''Public-private agreement'', the contract between a private entity and the department that relates to the development, financing, maintenance or operation of a transportation facility subject to sections 61 to 73, inclusive. ''Request for proposals'', all documents, whether attached to or incorporated by reference, utilized for soliciting proposals for a transportation facility under sections 61 to 73, inclusive. ''Responsible bidder or offeror'', a person who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability to assure good faith performance. ''Responsive bidder'', a person who has submitted a bid which conforms in all material respects to the invitation for bids. ''Transportation facility'', new or existing highway, road, bridge, tunnel, overpass, ferry, airport, public transportation facility, terminal facility, vehicle parking facility, seaport facility, rail facility, intermodal facility or similar facility open to the public and used for the transportation of persons or goods, and any building, structure or networks of buildings, structures, pipes, controls and equipment that provide transportation services, including rolling stock and equipment, and any building, structure, parking area, appurtenances or other property needed to operate such facility that is subject to a public-private agreement. ''User fees'', the rate, toll, fee or other charges imposed by an operator or by the department for use of all or part of a transportation facility. ''Utility'', a privately, publicly or cooperatively owned line, facility or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public.

M.G.L. c. 6C, § 63 Contracts for design-build-finance-operate-maintain or design-build-operate-maintain services

c. 6C, § 63. Contracts for design-build-finance-operate-maintain or design-build-operate-maintain services Section 63. (a) Notwithstanding any general or special law to the contrary, the board of directors of the department, in conjunction with the special public-private partnership infrastructure oversight commission established in section 73, may solicit proposals and enter into contracts for design-build-finance-operate-maintain or design-build-operate-maintain services with that responsible and responsive offeror submitting the proposal that is most advantageous to the department through the sale, lease, operation and maintenance of a transportation facility within the commonwealth; provided, however, that such proposal shall be in full compliance with all applicable requirements of federal, state and local law, including section 26 to 27H, inclusive, of chapter 149; provided further, that any such contract shall not be subject to the competitive bid requirements set forth in sections 38A1/2 to 38O, inclusive, section 39M of chapter 30, or sections 44A to 44M, inclusive, of chapter 149; and provided further, that each such contract shall be awarded pursuant to chapter 30B except for clause (3) of paragraph (b) and paragraphs (e) and (g) of section 6, clause (4) of section 13 and section 16 of said chapter 30B. (b)(1) In soliciting and selecting a private entity with which to enter into a public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services, the department shall utilize the following competitive sealed proposals procurement approach: (2) each request for proposals for design-build-operate-maintain and design-build-finance-operate-maintain services: (A) shall include design requirements; (B) shall solicit proposal development documents; and (C) may, if the department determines that the cost of preparing proposals is high, considering the size, estimated price and complexity of the procurement: (i) prequalify offerors by issuing a request for qualifications in advance of the request for proposals; and (ii) select a short list of responsible offerors prior to discussions and evaluations, if the number of proposals that will be short-listed is stated in the request for proposals and prompt public notice is provided to all offerors as to which proposals have been short-listed; or (iii) pay stipends to unsuccessful offerors; provided, however, that the amount of such stipends and the terms under which such stipends shall be paid shall be included in the request for proposals; (3) adequate public notice of the request for proposals, with an opportunity for public comment, shall be provided; (4) proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation and a register of proposals shall be prepared by the department and shall be open for public inspection after contract award; and (5)(A) The request for proposals shall state the relative importance of price and other factors and subfactors, if any. (B) Each request for proposals for design-build-operate-maintain and design-build-finance-operate-maintain: (i) shall state the relative importance of: (1) demonstrated compliance with the design requirements; (2) offeror qualifications; (3) financial capacity; (4) project schedule; (5) elimination of existing public debt with respect to the transportation facility; (6) lowest user charges or price over the term of the design-build-operate-maintain and design-build-finance-operate-maintain contract; and (7) other factors, if any; (ii) shall, if the contract price is estimated to exceed $10,000,000, if the contract period of operations and maintenance is 5 years or longer or if circumstances established by the department require each offeror to identify an independent peer reviewer whose competence and qualifications to provide such services shall be an additional evaluation factor in the award of the contract; and (iii) shall not include, as an evaluation factor in the award of the contract, the amount, if any, paid by a contractor to the department for procurement using design-build-operate-maintain and design-build-finance-operate-maintain. (6) As provided in the request for proposals and under regulations issued by the department, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. (7) Award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the acquiring agency, taking into consideration the price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis upon which the award is made. Written notice of the award of a contract to the successful offeror shall be promptly provided to all offerors. (8) The department may provide debriefings that furnish the basis for the source selection decision and contract award. (c)(1) A private entity may request a review, prior to submission of a solicited proposal, by the department of information that the private entity has identified as confidential or proprietary to determine whether such information is subject to disclosure under section 10 of chapter 66 or clause Twenty-sixth of section 7 of chapter 4. (2) The department shall take appropriate action to protect confidential or proprietary information that a private entity provides as part of a solicited proposal and that is exempt from disclosure under said section 10 of chapter 66 and said clause Twenty-sixth of said section 7 of said chapter 4.

M.G.L. c. 6C, § 64 Request for proposals; content of public–private agreement

c. 6C, § 64. Request for proposals; content of public–private agreement Section 64. (a) The request for proposals shall contain the proposed form of contract or public-private agreement to be executed between the successful offeror and the department upon award, and shall have been approved as to content and form by the special public-private infrastructure oversight commission and by the department before the request for proposals is issued, pursuant to section 63. The inspector general and the attorney general shall have 30 days from the receipt of a draft of the proposed form of contract to notify the special public-private infrastructure oversight commission in writing of any material objections to the draft form of contract. Before issuing any request for proposal, the department shall prepare a written response to reports submitted to it by the special public-private infrastructure oversight commission which response shall state the basis for any substantial divergence between the actions of the department and the recommendations contained in such reports of said commission. The department and the successful offeror shall only make non-material changes in the content and form of the public-private agreement contained in the request for proposals. (b)(1) After selecting a solicited or unsolicited proposal for a public-private initiative, the department shall enter into the public-private agreement for the subject transportation facility with the selected private entity. (2) An affected jurisdiction may be a party to a public-private agreement entered into by the department and a selected private entity or combination of private entities. (c) A public-private agreement under sections 62 to 73, inclusive, shall provide for the following: (1) the planning, acquisition, engineering, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing or operation of a transportation facility including provisions for the replacement and relocation of utility facilities; (2) the term of the public-private agreement, which shall not exceed 50 years without written approval of the governor; (3) the type of property interest, if any, the private entity shall have in the transportation facility; (4) a description of the actions the department may take to ensure proper maintenance of the transportation facility; (5) whether user fees will be collected on the transportation facility and the basis by which such user fees shall be determined and modified; (6) compliance with applicable Federal, state and local laws; (7) grounds for termination of the public-private agreement by the department or operator; (8) procedures for amendment of the agreement by mutual agreement and for changes in the agreement by written order from the department; (9) review and approval by the department of the operator's plans for the development and operation of the transportation facility; (10) inspection by the department and the independent peer reviewer of the design and construction of, or improvements to, the transportation facility; (11) maintenance by the operator of a policy of liability insurance or self-insurance reasonably acceptable to the department; (12) filing by the operator, on a periodic basis, of appropriate financial statements in a form acceptable to the department; (13) filing by the operator, on a periodic basis, of traffic reports, service quality standards as defined in chapter 161A, ridership reports, on time performance reports, or other reports identified by the department, in a form acceptable to the department; (14) financing obligations of the operator and the department; (15) apportionment of expenses between the operator and the department; (16) the rights and duties of the operator, the department, and other state and local governmental entities with respect to use of the transportation facility; (17) the rights and remedies available in the event of default or delay; (18) the terms and conditions of indemnification of the operator by the department, as required by applicable law; (19) assignment, subcontracting or other delegation of responsibilities of the operator or the department under the agreement to third parties, including other private entities and other state agencies; (20) sale or lease to the operator of private property related to the transportation facility; (21) if, and how, the parties shall share costs of development of the project; (22) if, and how, the parties shall allocate financial responsibility for cost overruns; (23) liability for nonperformance; (24) any incentives for performance; (25) any accounting and auditing standards to be used to evaluate progress on the project; (26) the operator's plans to obtain a labor and material payment bond, in accordance with section 29 of chapter 149, covering all construction, reconstruction or maintenance, including capital maintenance, work of the project and require the payment of prevailing wages for labor performed on the project in accordance with sections 26 to 27H, inclusive, of said chapter 149; (27) the operator's plans for labor harmony for the entire term of the agreement, including construction, reconstruction and capital and routine maintenance and adequate remedies to address the operator's failure to maintain labor harmony which shall include, but not be limited to, assessment of liquidated damages and contract termination; (28) traffic enforcement and other policing issues, subject to section 71, including any reimbursement by the private entity for such services; and (29) other terms and conditions.

M.G.L. c. 6C, § 65 End of term or termination of public–private agreement

c. 6C, § 65. End of term or termination of public–private agreement Section 65. Upon the end of the term of the public-private agreement or in the event of termination of the public-private agreement, the department and duties of the operator shall cease, except for any duties and obligations that extend beyond the termination as provided in the public-private agreement, and all the rights, title and interest in such transportation facility shall revert to the department and shall be dedicated to the department for public use.

M.G.L. c. 6C, § 66 Rights of department upon material default by an operator

c. 6C, § 66. Rights of department upon material default by an operator Section 66. (a) Upon the occurrence and during the continuation of a material default by an operator, not caused by an event of force majeure, and upon the failure by the contractor or its financing institution on the contractor's behalf, to cure such material default within 30 days of written notice of such default by the department, the department may: (1) elect to take over the transportation facility, including the succession of all right, title and interest in the transportation facility; and (2) terminate the public-private agreement and exercise any other rights and remedies available. (b) In the event that the department elects to take over a transportation facility under subsection (a), the department: (1) shall make interim payments, on behalf of the contractor and for the contractor's account, of any amounts subject to a mechanics lien law of the commonwealth; (2) may develop and operate the transportation facility, impose user fees for the use of the transportation facility and comply with any service contracts; and (3) may solicit proposals for the maintenance and operation of the transportation facility under section 63.

M.G.L. c. 6C, § 67 Issue and sale of bonds or notes of the department

c. 6C, § 67. Issue and sale of bonds or notes of the department Section 67. (a)(1) The department may issue and sell bonds or notes of the department for the purpose of providing funds to carry out sections 62 to 73, inclusive, with respect to the development, financing or operation of a transportation facility or the refunding of any bonds or notes, together with any costs associated with the transaction. (2) Any bond or note issued under this section: (A) constitutes the corporate obligation of the department; (B) shall not constitute a debt of the commonwealth within the meaning or application of the constitution of the commonwealth; and (C) shall be payable solely as to both principal and interest from: (i) the revenues from a lease to the department, if any; (ii) proceeds of bonds or notes, if any; (iii) investment earnings on the proceeds of bonds or notes; or (iv) other funds available to the department for such purpose. (b)(1) For the purpose of financing a transportation facility, the department and operator may apply for, obtain, issue and use private activity bonds available under any Federal law or program. (2) Any bonds, debt, other securities or other financing issued for the purposes of sections 62 to 73, inclusive, shall not be considered a debt of the commonwealth or any political subdivision thereof state or a pledge of the faith and credit of the state or any political subdivision of the commonwealth. (c) Nothing in this section shall limit a local government or any authority of the commonwealth to issue bonds for transportation projects.

M.G.L. c. 6C, § 68 Acceptance of funds from the United States and other sources

c. 6C, § 68. Acceptance of funds from the United States and other sources Section 68. (a)(1) The department may accept from the United States or any of its agencies funds that are available to the commonwealth for carrying out sections 62 to 73, inclusive, whether the funds are made available by grant, loan or other financial assistance. (2) The department may enter into agreements or other arrangements with the United States or any of its agencies as may be necessary for carrying out the purposes of sections 62 to 73, inclusive. (b) The department may accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other item of value made to the commonwealth or the department for carrying out the purpose of sections 62 to 73, inclusive. (c) Any transportation facility may be financed in whole or in part by contribution of any funds or property made by any private entity or affected jurisdiction that is party to a public-private agreement under sections 62 to 73, inclusive. (d) The department may combine Federal, state, local and private funds to finance a transportation facility under sections 57 to 70, inclusive.

M.G.L. c. 6C, § 69 Application of Sec. 26

c. 6C, § 69. Application of Sec. 26 Section 69. (a) Section 26 shall apply to: (1) a transportation facility; and (2) tangible personal property used exclusively with a transportation facility that is: (A) owned by the department and leased, licensed, financed or otherwise conveyed to an operator; or (B) acquired, constructed or otherwise provided by an operator on behalf of the department. [There is no subsection (b).]

M.G.L. c. 6C, § 70 Exercise of power of eminent domain

c. 6C, § 70. Exercise of power of eminent domain Section 70. The department may exercise the power of eminent domain to acquire property, rights of way or other rights in property for transportation projects that are part of a public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services.

M.G.L. c. 6C, § 71 Powers and jurisdiction of law enforcement officers

c. 6C, § 71. Powers and jurisdiction of law enforcement officers Section 71. (a) Law enforcement officers of the commonwealth and of an affected local jurisdiction shall have the same powers and jurisdiction within the limits of a transportation facility as they have in their respective areas of jurisdiction and access to the transportation facility at any time for the purpose of exercising such powers and jurisdiction. (b) The traffic and motor vehicle laws of the commonwealth and, if applicable, any local by-laws or ordinances shall apply to a transportation facility.

M.G.L. c. 6C, § 72 Waiver of sovereign immunity not limited

c. 6C, § 72. Waiver of sovereign immunity not limited Section 72. Nothing in sections 62 to 73, inclusive, shall limit any waiver of the sovereign immunity of the commonwealth or any officer or employee of the commonwealth with respect to the participation in or approval of all or any part of the transportation facility or its operation.

M.G.L. c. 6C, § 73 Public-private partnership infrastructure oversight commission

c. 6C, § 73. Public-private partnership infrastructure oversight commission Section 73. There shall be established a special public-private partnership infrastructure oversight commission to comment on and approve all requests for proposals for design-build-finance-operate-maintain or design-build-operate-maintain services. The commission shall have 7 members and shall consist of 4 members to be appointed by the governor, 1 of whom shall be a representative from the Massachusetts Organization of State Engineers and Scientists and 3 of whom shall reside in different geographic regions of the commonwealth for terms of 2 years; 1 member to be appointed by the president of the senate for a term of 2 years; 1 member to be appointed by the speaker of the house of representatives for a term of 2 years; 1 member to be appointed by the state treasurer, but who shall not be an employee thereof, for a term of 2 years. Each member of the commission shall be an expert with experience in the fields of transportation law, public policy, public finance, management consulting, transportation or organizational change; provided, however, that 1 of the members appointed by the governor shall be an expert in the field of public finance, 1 member appointed by the governor shall be an expert in the field of transportation. One of the members shall be appointed by the governor to serve as chairperson of the commission. The members appointed by the governor may be eligible for reappointment; provided, however, that no such member shall serve for more than 3 terms. No member shall have been a registered legislative agent, as defined in section 39 of chapter 3 for a period of at least 5 years prior to his appointment, no member shall have been a member or employee of the general court or an employee of the executive branch for a period of 2 years prior to his appointment, and no director shall have been employed by an organization that has business before the department, or any predecessor agency or authority, for a period of at least 2 years prior to his appointment. Whenever the department notifies the commission of its intent to issue a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the department shall submit a draft of the request for proposal to the commission for its review and approval. As provided in section 63, no request for proposal shall be issued by the department for a public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services without the commission's written approval. The commission shall provide an initial written response to the request for proposal within 15 days. For each request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the commission shall report on issues surrounding the request for proposal including, but not limited to: (1) the status of current employees; (2) the policy and regulatory structure for overseeing a privately operated transportation facility and on-going legislative oversight; (3) issues of taxation, profit-sharing and resolution of new revenue producing ideas; (4) advertising and marketing; (5) use of new technologies; (6) lease terms and termination clauses; (7) additional responsibilities by both the private infrastructure operator and the commonwealth during the lease period; (8) the financial valuation of the commonwealth transportation facility; (9) issues of public concern; and (10) the anticipated advantages of entering into the anticipated public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services. The report shall be delivered within 30 days of the commission's approval of a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services to the secretary of administration and finance, the house and senate committees on ways and means, and the house and senate chairs of the joint committee on transportation. Any research, analysis or other staff support that the commission reasonably requires shall be provided by the department.

M.G.L. c. 6C, § 74 Repair or rehabilitation of certain signs or markers abutting highway or turnpike projects

c. 6C, § 74. Repair or rehabilitation of certain signs or markers abutting highway or turnpike projects Section 74. The department shall require that a contract for the construction, maintenance, repair, reconstruction, improvement or rehabilitation of the metropolitan highway system, the state highway system or the turnpike shall include the repair or rehabilitation of any sign or marker erected pursuant to chapter 10 of the resolves of 1930 that is abutting such project.

M.G.L. c. 6C, § 75 Contracts with fuel providers to provide for the consumption of alternative fuel

c. 6C, § 75. Contracts with fuel providers to provide for the consumption of alternative fuel Section 75. Notwithstanding any general or special law to the contrary, the department shall not enter into, renew or renegotiate any contract providing for fuel services on service stations on the turnpike without the contract requiring the fuel provider to provide for the consumption of alternative fuel, as defined in section 1 of chapter 90.

M.G.L. c. 6C, § 76 Removal and storage of vehicle left unattended at state-owned park and ride facility

c. 6C, § 76. Removal and storage of vehicle left unattended at state-owned park and ride facility Section 76. An operator of a state-owned park and ride facility may cause the removal and storage of a motor vehicle that has been left unattended within a state-owned park and ride facility for more than 21 days. The department shall promulgate rules and regulations necessary to implement this section.

M.G.L. c. 6C, § 77 Job order contracts

c. 6C, § 77. Job order contracts Section 77. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Adjustment Factor'', the job order contractor's competitively bid numerical adjustment applied to the unit prices included in the contract specifications, which shall also include overhead and profit. ''Authority'', the Massachusetts Bay Transportation Authority established in section 2 of chapter 161A. ''Best value'', the highest overall value to the awarding authority, considering quality and cost. ''Job order'', an agreed-upon, fixed-price order issued by the department or by the authority to a contractor pursuant to a job order contract for the contractor's performance of a specific construction, demolition, reconstruction, alteration, remodeling or repair project of a public work consisting of tasks selected from those specified and priced in that job order contract. ''Job order contract'', a contract for the performance of construction, demolition, reconstruction, alteration, remodeling or repair of a public work, or a subset thereof: (i) that is limited to a specified term; (ii) in which the contract specifications consist of technical descriptions of various tasks at stated unit prices determined by local, direct costs for labor, materials and equipment at stated unit prices but do not specify the specific projects to be performed by the contractor; (iii) which contains a fixed contractor's adjustment factor applied to the unit prices stated in the specifications; and (iv) in accordance with which the department and the authority may enter into fixed-price job orders with the contractor for the performance of specific projects, consisting of the tasks specified in the contract at the unit prices specified therein multiplied by the contractor's adjustment factor. ''Task'', an item of work for which a unit price is set forth in the contract specifications or for which a unit price is developed in accordance with a specified formula presented in the contract. (b)(1) Notwithstanding section 44A of chapter 149, section 39M of chapter 30 or any other general or special law to the contrary, the department and the authority may establish programs for the use of job order contracts. (2) As part of the programs established under paragraph (1), the department and the authority may procure consulting contracts for services related to the creation and use of job order contracts including, without limitation, the creation of task descriptions, specifications and unit prices for use in job order contracts and training and other services related to such contracts. (3) Job orders shall cost not more than $500,000 each. The job order contract shall be procured through a best value selection process except that: (i) the amount of the bid deposit shall be $5,000; (ii) contractors who are awarded job orders under any job order contract shall be eligible for the category of work specified in the contract; (iii) the amounts of surety bonds required by the contract may be satisfied with respect to each particular job order before the commencement of any work under that job order; and (iv) multiple job order contracts may be awarded under a single procurement. (c)(1) The department and the authority may procure job order contracts for projects that: (i) improve access to places of public accommodation listed in section 92A of chapter 272; or (ii) remove barriers and create or improve accessible features for both physical and programmatic access necessary for compliance with the law, including title II of the Americans with Disabilities Act, 42 U.S.C. sections 12131 to 12165, inclusive, and the laws of the commonwealth; provided, however, that a job order shall not encompass ongoing and routine maintenance performed before the contract by any employee of the authority covered by a collective bargaining agreement. (2) Job order contracts shall be limited to job orders that cost not more than $1,000,000 each and shall be procured through the procedures specified in section 39M of chapter 30 except that: (i) the amount of the bid deposit shall be $5,000; (ii) contractors who are awarded job orders under any job order contract shall be certified by the division for the category of work specified in the contract; and (iii) the amounts of surety bonds required by the contract may be satisfied with respect to each particular job order before the commencement of any work under that job order. The department and the authority shall award a job order contract to the eligible and responsible bidder who offers the lowest adjustment factor or lowest combination of adjustment factors to the base unit prices specified in the contract specifications.

M.G.L. c. 6C, § 78 Database of motor vehicle types and locations

c. 6C, § 78. Database of motor vehicle types and locations Section 78. The department shall create an anonymized and aggregated database of motor vehicle types and locations. In so doing, the department shall consult with at least 1 member organization of the Massachusetts Association of Regional Planning Agencies and with the department of energy resources. The database shall consist of data for the most recently available 12 months, shall be updated annually, shall consist of data readily sortable by municipality and zip code and shall contain the: (i) total number of passenger fossil fuel-powered vehicle registrations; (ii) total number of passenger hybrid vehicle registrations; (iii) total number of passenger zero-emission vehicle registrations; (iv) total number of commercial fossil fuel-powered vehicle registrations; (v) total number of commercial hybrid vehicle registrations; (vi) total number of commercial zero-emission vehicle registrations; (vii) total number of vehicle miles traveled by passenger fossil fuel-powered vehicles over a defined 12–month period; (viii) total number of vehicle miles traveled by passenger hybrid vehicles over a defined 12–month period; (ix) total number of vehicle miles traveled by passenger zero-emission vehicles over a defined 12–month period; (x) total number of vehicle miles traveled by commercial fossil fuel-powered vehicles over a defined 12–month period; (xi) total number of vehicle miles traveled by commercial hybrid vehicles over a defined 12–month period; and (xii) total number of vehicle miles traveled by commercial zero-emission vehicles over a defined 12–month period. Annually, not later than June 30, the department shall update the database for the previous calendar year. Annually, not later than September 30, the department shall compile a summary report of the data in the database and post the report on its website. Upon request, the department shall provide the data to a member organization of the Massachusetts Association of Regional Planning Agencies or a municipality to aid in the deployment of electric vehicles and related infrastructure.

M.G.L. c. 6C, § 79 Operation of quarry, sand or gravel operation; licensure

c. 6C, § 79. Operation of quarry, sand or gravel operation; licensure Section 79. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Aggregate'', granular materials such as gravel, sand and crushed rock that may be used individually or are combined for a particular purpose. ''Certified professional geologist'', a professional geologist certified by the American Institute of Professional Geologists. ''Concrete aggregate'', natural sand, natural gravel or crushed aggregate products produced from ledge rock. ''Licensed professional geologist'', a professional geologist certified by: (i) examination through the National Association of State Boards of Geology; or (ii) a state's licensing authority that follows the national standards of the National Association of State Boards of Geology's licensing program or its equivalent. (b) Any person seeking to mine, expand, excavate or otherwise operate a quarry, sand and gravel operation or any other aggregate source for the purpose of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure, including, but not limited to, roadways and bridges, shall submit to the department and the state geologist an application for a license to conduct such activity. Each license application shall consist of: (i) a description of the geographic location of the aggregate source; (ii) an operations plan, including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite and pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee as established by the department. Fees received by the department under this section shall be used to implement this section; provided, however, that any surplus fee receipts shall be deposited into the General Fund. (c) An applicant under this section shall prepare a geological source report as required under subsection (b). Such report shall be prepared by a certified professional geologist, licensed professional geologist or an equivalent acceptable to the state geologist in a form and manner prescribed by the department, developed in consultation with the state geologist, a representative nominated by the Massachusetts Aggregate & Asphalt Pavement Association, Inc. and a representative nominated by the Massachusetts Concrete & Aggregate Producers Association, Inc. and shall include, but shall not be limited to: (i) a description of the characteristics of the aggregate to be excavated at the aggregate source location; (ii) a description of the products to be produced at such location; and (iii) a copy of the results of an inspection of face material and geologic log analysis, which shall be conducted not more than 60 days prior to the date of the report. A geological source report prepared under this subsection shall be valid for a period of 1 year from the date of preparation. (d) Aggregate testing to identify the presence of pyrite and pyrrhotite required under subsection (b) shall include, but shall not be limited to, a total sulfur test to measure total sulfur content in a representative sample. Aggregate testing shall be performed by an accredited laboratory in accordance with applicable standards established by American Society of Testing and Materials International or alternate standards to be determined by the department in consultation with the state geologist. (e) The secretary or a designee, in consultation with the state geologist, shall review each license application submitted pursuant to this section and notify each applicant whether the license has been approved and any applicable conditions of operation. If the application is denied, the notification shall include the reason for denial. A license granted under this section shall be valid for 1 year from the date of approval; provided, however, that a license may be renewed after it expires. The department shall state the aggregate testing requirements established under subsection (d) in the license application; provided, however, that the state geologist may request additional testing or information during the review of a license application. The department may modify testing requirements and application criteria at its discretion. The department may issue a license valid for more than 1 year to an applicant that has submitted geological source reports and been approved for a license for 5 consecutive years; provided, however, that the licensee shall be required to submit annual geologic source reports as a condition for receiving such license. (f) A person owning or operating an aggregate source, subject to licensure pursuant to this section, shall maintain all records relevant to such licensure and operation, including, but not limited to, a record of sale for all aggregate, for not less than 30 years. (g) A person owning or operating a concrete production facility for the purpose of producing concrete for sale or use in foundations, structural elements or infrastructure, including, but not limited to, roadways and bridges, and who is in receipt of aggregate material from a source licensed pursuant to this section, shall maintain a record of the aggregate used in individual concrete batches for not less than 30 years. (h) The department, in consultation with the state geologist, shall maintain all data collected under this section. (i) Nothing in this section shall affect the operations of quarries producing aggregate for purposes other than those described in subsection (b). (j) The department, in consultation with the state geologist, shall promulgate regulations to implement this section.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6CFetched: 10/20/2026

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