MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

M.G.L. pt. Part I, tit. Title XXII, ch. c. 161A

in effect

M.G.L. c. 161A, § 1 Definitions

c. 161A, § 1. Definitions Section 1. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— ''Advisory board'', the advisory board to the authority established by section 7A. ''Area constituting the authority'', the service area of the authority consisting of the 14 cities and towns, the 51 cities and towns, and other served communities. ''Authority'', the Massachusetts Bay Transportation Authority established by section 2. ''Board'', the board of directors of the authority established by section 7. ''Capital investment program'', the program of capital spending adopted by the authority each fiscal year based on a five year capital spending projection that advances the program for mass transportation of the authority. ''Department'', the mass transit division within the department of transportation. ''Dedicated revenue source'', monies provided to the authority in accordance with section 35T of chapter 10. ''Equipment'', all rolling stock, and other conveyances, vehicles, rails, signal and control systems, lighting and power distribution systems, fences, station equipment, fare collection equipment, incidental apparatus and other tangible personal property, whether or not affixed to realty, required or convenient for the mass movement of persons. ''Express service'', all mass transportation service provided by or under the control of the authority, whether by ownership, lease, contract or otherwise, over rights of way with fully controlled access and restricted to the use of such service exclusively or on a shared basis with other mass transportation service, including, but not limited to, rapid transit service, the Highland Branch and Mattapan high-speed services and express bus, monorail and other similar services, and such term shall also mean all commuter railroad passenger service provided by or under the control of the authority. ''Fare revenue'', the amount of money directly paid by passengers on all modes of service, provided that said revenue shall include both the fares accounted for by the authority as revenues and as credits to expenditures. ''51 cities and towns'', the cities and towns of Bedford, Beverly, Braintree, Burlington, Canton, Cohasset, Concord, Danvers, Dedham, Dover, Framingham, Hamilton, Hingham, Holbrook, Hull, Lexington, Lincoln, Lynn, Lynnfield, Manchester-by-the-Sea, Marblehead, Medfield, Melrose, Middleton, Nahant, Natick, Needham, Norfolk, Norwood, Peabody, Quincy, Randolph, Reading, Salem, Saugus, Sharon, Stoneham, Swampscott, Topsfield, Wakefield, Walpole, Waltham, Wellesley, Wenham, Weston, Westwood, Weymouth, Wilmington, Winchester, Winthrop and Woburn. ''Fourteen cities and towns'', the cities and towns of Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Milton, Newton, Revere, Somerville and Watertown. ''Local service'', all mass transportation service provided by or under the control of the authority, other than express service. ''Massachusetts Bay Transportation Authority State and Local Assistance Fund'', the fund established pursuant to section 35T of chapter 10. ''Mass transportation facilities'', all real property, including land, improvements, terminals, stations, garages, yards, shops and structures appurtenant thereto, and all easements, air rights, licenses, permits and franchises, used in connection with the mass movement of persons. ''Maximize'', increase to the highest level possible consistent with the principles of sound financial planning and accepted transportation practices. ''Net operating investment per passenger-mile ratio'', the ratio whereby operating expenses minus the sum of nontransportation revenues and fare revenues are divided by passenger miles and expressed as a monetary amount per mile. ''Nontransportation revenues'', any and all authority revenue sources resulting from sources other than state or local taxes, state or authority bonds, federal mass transportation assistance and fares. ''Operating expense'', salaries, wages, benefits, materials and supplies, and purchased transportation, excluding debt service and capital expenses, for all modes of service. ''Other served communities'', the cities and towns of Abington, Acton, Amesbury, Andover, Ashburnham, Ashby, Ashland, Attleboro, Auburn, Ayer, Bellingham, Berkley, Billerica, Boxhorough, Boxford, Bridgewater, Brockton, Carlisle, Carver, Chelmsford, Dracut, Duxbury, East Bridgewater, Easton, Essex, Fitchburg, Foxborough, Franklin, Freetown, Georgetown, Gloucester, Grafton, Groton, Grove land, Halifax, Hanover, Hanson, Haverhill, Harvard, Holden, Holliston, Hopkinton, Ipswich, Kingston, Lakeville, Lancaster, Lawrence, Leicester, Leominster, Littleton, Lowell, Lunenburg, Mansfield, Marlborough, Marshfield, Maynard, Medway, Merrimac, Methuen, Middieborough. Millbury, Millis, Newbury, Newburyport, North Andover, North Attleborough, Northborough, Northbridge, Norton, North Reading, Norwell, Paxton, Pembroke, Plymouth, Plympton, Princeton, Raynham, Rehoboth, Rochester, Rockland. Rockport, Rowley, Salisbury, Scituate, Seekonk, Sherborn, Shirley, Shrewsbury, Southborough, Sterling, Stoughton, Stow, Sudbury, Sutton, Taunton, Tewksbury, Townsend, Tyngsborough, Upton, Wareham, Way land, West Boylston, West Bridgewater, Westborough, West Newbury, Westford, Westminster, Whitman, Worcester, Wrentham, and such other municipalities as may be added in accordance with section 6 or in accordance with any special act to the area constituting the authority. ''Passenger miles'', the sum of the distances ridden by each passenger for all modes of service. ''Program for mass transportation'', a comprehensive, coordinated program of construction, reconstruction, and development of mass transportation facilities and equipment throughout the area constituting the authority for the benefit of the inhabitants thereof and the commonwealth that establishes a planning horizon of not more than 20 years and incorporates an ongoing capital investment program. ''Rider'', a person whose residence is in one of the 14 cities or towns, one of 51 cities or towns, or one of the other served communities and uses local service or express service of the authority. ''Secretary'', the secretary of transportation for the department of transportation. ''Service quality standards'', objectives established by the authority for the effectiveness and quality of each mode of service, rapid transit, light rail, bus, and commuter rail, based on measurements of: (a) comfort, (b) communication, (c) convenience, (d) rider satisfaction, (e) reliability, (f) security, and (g) environmental benefit. ''System revenues'', revenues generated by the authority, excluding the dedicated revenue source and municipal assessments.

M.G.L. c. 161A, § 2 Creation of authority; powers; liability for debts and obligations; service of process

c. 161A, § 2. Creation of authority; powers; liability for debts and obligations; service of process Section 2. The area constituting the authority and the inhabitants thereof are hereby made a body politic and corporate, and a political subdivision of the commonwealth, under the name of Massachusetts Bay Transportation Authority. The authority shall have power to hold property, to sue and be sued in law and equity and to prosecute and defend all actions relating to its property and affairs. The authority shall be liable for its debts and obligations, but the property of the authority shall not be subject to attachment nor levied upon by execution or otherwise. Process may be served upon the treasurer of the authority or, in the absence of the treasurer, upon any member of the board.

M.G.L. c. 161A, § 3 Additional powers of authority

c. 161A, § 3. Additional powers of authority Section 3. The authority shall be governed and its corporate powers exercised by the Massachusetts Bay Transportation Authority board of directors established in section 7. In addition to the powers granted to the authority by law, the authority shall have the following powers: (a) To adopt and use a corporate seal and designate the custodian thereof. (b) To establish within the area constituting the authority a principal office and such other offices as may be deemed necessary. (c) To hold, operate and manage the mass transportation facilities and equipment acquired by the authority. (d) To employ, retain and supervise the managerial, professional and clerical staff as necessary to carry out the work of the authority; provided, however, that the chief executive officer of the authority shall be a general manager who shall be hired by, report to and serve at the pleasure of the secretary of transportation and who shall fix the compensation and conditions of employment for all other authority employees consistent with budgets that are subject to the approval of the board. The authority shall annually, on or before January first, submit to the secretary of administration and finance and the house and senate committees on ways and means a schedule of salaries of all its employees and any proposed increases therein. Said secretary may make recommendations to the authority on said salary structure and shall advise the authority of the prevailing rates that the commonwealth pays for similar services. (e) To make, and from time to time revise and repeal, by-laws, rules, regulations and resolutions. (f) To enter into agreements with other parties, including, without limiting the generality of the foregoing, government agencies, municipalities, authorities, private transportation companies, railroads, and other concerns, providing (i) for construction, operation and use of any mass transportation facility and equipment held or later acquired by the authority; provided, that any agreement entered into by the authority for the construction or acquisition of mass transportation facilities or equipment of more than $1,000,000, which is financed in whole or in part from the proceeds of bonds the debt service payments on which are assisted by the commonwealth or made from the dedicated revenue source, shall not become effective until approved by the secretary of transportation; and provided further, that said secretary shall notify the secretary of administration and finance of any such approval; (ii) for joint or cooperative operation of any mass transportation facility and equipment with another party; (iii) for operation and use of any mass transportation facility and equipment for the account of the authority, for the account of another party or for their joint account; or (iv) for the acquisition of any mass transportation facility and equipment of another party where the whole or any part of the operations of such other party takes place within the area constituting the authority. Any such other party is hereby given power and authority to enter into any such agreements, subject to such provisions of law as may be applicable. Any agreement with a private company under this chapter which is to be financed from the proceeds of bonds or bond anticipation notes and which provides for the rendering of transportation service by such company and for financial assistance to such company by subsidy, lease or otherwise shall include such service quality standards for such service as the authority may deem appropriate and shall not bind the authority for a period of longer than one year from its effective date, but this shall not prohibit agreements for longer than one year if the authority's obligations thereunder are subject to annual renewal or annual cancellation by the board's authority. Such agreements may provide for cash payments for services rendered, but not more than will permit any private company a reasonable return. (g) To 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. The authority may charge reasonable fees for the use of such facilities as it may deem desirable, or it may allow the use of such facilities free of charge. (h) To accept gifts, grants and loans from agencies of local, state and federal governments, or from private agencies or persons, and to accede to such conditions and obligations as may be imposed as a prerequisite to any such gift, grant or loan. (i) To provide mass transportation service, whether directly, jointly or under contract, on an exclusive basis, in the area constituting the authority and without being subject to the jurisdiction and control of the department of telecommunications and energy in any manner except as to safety of equipment and operations and, with respect only to operations of the authority with equipment owned and operated by the authority, without, except as otherwise provided in this chapter, being subject to the jurisdiction and control of any city or town or other licensing authority; provided, that schedules and routes shall not be considered matters of safety subject to the jurisdiction and control of said department. Except as otherwise provided in this chapter, the board shall determine the character and extent of the services and facilities to be furnished, and in these respects their authority shall be exclusive and shall not be subject to the approval, control or direction of any state, municipal or other department, board or commission except the advisory board as provided in this chapter. Nothing contained in this paragraph shall be construed as exempting any privately owned or controlled carrier, whether operating independently, jointly or under contract with the authority, from obtaining any license required under section 1 of chapter 59A. (j) To operate mass transportation facilities and equipment, directly or under contract in areas outside the area constituting the authority; but only pursuant to (i) an agreement with or purchase of a private mass transportation company, part of whose operations were, at the time the authority was established, within the area constituting the authority or (ii) an agreement with a transportation area or a municipality for service between the area of the authority and that of such transportation area or municipality, where no private company is otherwise providing such service. (k) To provide for construction, extension, modification or improvement of the mass transportation facilities in the territory of the authority; provided, that any such construction, extension, modification or improvement shall be consistent with the program and plans for mass transportation, as developed by the authority under subsection (g) of section 5, unless specifically authorized by legislation. (l) Consistent with the program and plans for public mass transportation as provided in paragraph (g) of section 5, to conduct research, surveys, experimentation, evaluation, design and development, in cooperation with the department, and other governmental agencies and private organizations when appropriate, with regard to mass transportation facilities, equipment and services. (m) To grant such easements over any real property held by the authority as will not in the judgment of the authority unduly interfere with the operation of any of its mass transportation facilities. (n) To sell, lease or otherwise contract for advertising in or on the facilities of the authority. (o) To take real property by eminent domain in accordance with the provisions of chapter 79 or chapter 80A; provided, that land devoted to any public use other than mass transportation may be taken by the authority only (i) if any substantial interference with such public use is temporary or any permanent interference therewith is not substantial, or both, or (ii) in the case of takings not authorized by clause (i), upon providing equivalent land for such public use. Interference with the public use of a street or public utility line shall not be considered to be substantial unless the interference with the traffic or utility system of which it is a part is substantial. (p) To issue bonds, notes and other evidences of indebtedness as hereinafter provided. (q) Consistent with the constitution and laws of the commonwealth, the authority shall have such other powers, including the power to buy, sell, lease, pledge and otherwise deal with real and personal property, as may be necessary for or incident to carrying out the foregoing powers and the accomplishment of the purposes of this chapter. (r) The authority may enter into contracts or agreements with the department or with any agency, authority or political subdivision of the commonwealth for the provision, at cost, of specified services either by the authority or by the department or such agency, authority, or political subdivision of the commonwealth. Such services may include, but are not limited to the following: feasibility and needs studies, transportation and construction planning, family and business relocation, and the conduct or supervision of design, construction, maintenance, management or land acquisition. Any such contract shall specify the manner of, and procedure for, payment or reimbursement for services provided or to be provided. All such agencies, authorities or political subdivisions are authorized to enter into such contracts with the authority. (s) To issue to every full-time police officer employed by the authority an identification card bearing the officer's photograph and identifying information. The secretary of public safety and security may adopt regulations relative to the form, content and issuance of such identification cards and to the carrying thereof by such police officers. (t) To delegate any of the powers in clauses (a) to (s), inclusive, to the general manager or a designee of the general manager; provided, however, that the board shall not delegate the powers set forth in clause (e) or the power to enter into agreements valued at more than $15,000,000.

M.G.L. c. 161A, § 4 Separate units of mass transportation facilities and equipment; establishment; lease arrangements

c. 161A, § 4. Separate units of mass transportation facilities and equipment; establishment; lease arrangements Section 4. (a) In addition to the powers granted to the authority under section 3 and all other powers granted by law, the authority shall have the power to establish on a self-liquidating basis one or more separate units of mass transportation facilities and equipment to furnish, in each instance, express service or local service between specified terminal points and over a fixed route or routes. In establishing such separate units, the authority may enter into one or more unit lease arrangements with such persons, firms and corporations as the authority shall select and franchise. Each such unit lease arrangement shall provide for the following: (i) Acquisition by the authority of real property, including easements and rights of way, necessary or desirable for the operation of such units of mass transportation facilities and equipment, parking and other related auxiliary services and facilities, by purchase or exercise of the authority's power of eminent domain under paragraph (o) of section 3; (ii) design, construction and acquisition of mass transportation facilities and equipment; (iii) operation of the mass transportation facilities and equipment so designed, constructed and acquired by a lessee of said facilities and equipment: (1) for a period not in excess of 40 years; (2) at a rental or lease charge at least sufficient to discharge the authority's financial obligations incurred in connection with said unit of facilities and equipment under the authority's powers as hereinafter set forth in subsection (b); and (3) upon such provisions and conditions as to fares and other matters relating to the conduct and operation of said mass transportation facilities and equipment as the authority and lessee shall agree; and (iv) power in the authority to cancel or terminate said unit lease arrangement at stated times which shall be not less frequent than once in each calendar year. (b) To meet the expenditures necessary in carrying out the provisions of this section, the authority may issue bonds in accordance with the provisions of clause (4) of the first paragraph of section 13, and such bonds shall provide, in addition to other provisions allowed under this chapter, that all payments of principal and interest shall be made solely from (1) the rental or lease charges received by the authority under its lease with the lessee of mass transportation facilities and equipment as aforesaid, which said lease may be assigned by the authority to secure the obligations of said bonds; or (2) in the event the authority terminates said lease from the income derived from operation of said mass transportation facilities and equipment; provided, that bonds issued for the purposes of this section shall not be included in the computation of the bonds to which the limitations on amount contained in section 13 shall apply.

M.G.L. c. 161A, § 5 Limitations, conditions, obligations and duties of authority

c. 161A, § 5. Limitations, conditions, obligations and duties of authority Section 5. The authority shall be subject to the following limitations, conditions, obligations and duties: (a) The authority shall have the duty to develop, finance and operate the mass transportation facilities and equipment in the public interest, consistent with the purposes and provisions of this chapter, to provide a high standard of service to its riders, and to achieve maximum effectiveness in complementing other forms of transportation in order to promote the general economic and social well-being of the area constituting the authority and of the commonwealth. Said duty shall provide that no person shall, on the grounds of age, race, sex, religion, creed, color, sexual orientation, national origin, or handicap, be denied participation in, or the benefits of, or be otherwise subjected to discrimination under any program or activity administered or operated by or for the authority. (b) No real estate that is determined by the authority to have a fair market value of equal to or greater than $50,000 shall be sold unless the sale shall have been advertised at least once a week for three successive weeks prior to the date of sale in a newspaper of general circulation in the city or town in which the real property to be sold is located; provided, that no such advertising shall be required if a sale or conveyance of such real estate is made to the commonwealth or any political subdivision thereof or to any agency or instrumentality of either of them. Such real property shall, unless sold to the commonwealth or any political subdivision thereof or to any agency or instrumentality of either of them, be sold to the highest bidder subject to any restrictions, covenants, or conditions the authority shall find that sound reasons in the public interest require. If the authority determines that it shall sell or otherwise dispose of real property with a fair market value of less than $50,000, the authority shall declare the property available for disposition and shall specify the restrictions, if any, placed on the subsequent use of the property. (c)(i) Any concession or lease of property for a term of more than one year or development agreement shall be awarded to the highest responsible and eligible bidder therefor unless the authority shall find that sound reasons in the public interest require otherwise. (ii) Any property which is the subject of a lease or development agreement pursuant to clause (i) shall not be subject to paragraph (o). (d) No proposal for a systemwide change in fares or decrease in systemwide service of 10 per cent or more shall be effective until said proposal shall first have been the subject of one or more public hearings and shall have been reviewed by the advisory board and, for a systemwide increase in fares of 10% or more, the MBTA board has made findings on the environmental impact of such increase in fares and, for a systemwide decrease in service of 10% or more, the decrease shall be the subject of an environmental notification form initiating review pursuant to sections 61 and 62H, inclusive, of chapter 30. Any systemwide increase in fares of 10 per cent or more shall conform to the fare policy established pursuant to paragraph (r). The authority shall increase fares only to provide needed revenue and shall not increase fares soley for the purpose of funding the stabilization fund established pursuant to section 19. (e) The board shall not establish a fare in excess of one-half the regular adult cash fare for pupils of public day or evening schools, pupils of private day schools or private evening schools or industrial day or evening schools giving substantially the same character and grade of instruction as the schools conducted at public expense and of a not higher grade than a high school for transportation between such schools and their homes, or for children between the ages of five and 11 years, inclusive, or for persons 65 and older who reside within the commonwealth, or for persons with disabilities who reside within the commonwealth. Any such fare so established shall provide for free transfer privileges. (f) If the authority seeks to contract for local and express bus services theretofore performed by authority employees, it shall conduct a public hearing in each of the affected areas. The authority shall cooperate with the chief executive officers of each of the cities and towns in the affected areas to determine the appropriate, geographically convenient locations at which such hearings shall he held. Said hearings shall be held within 30 days after the authority's requests for proposals and before the awarding of a contract for said services. The authority shall provide written notice 10 days before the hearing to elected officials from affected areas. The authority shall be represented at the meeting by the general manager or his designee and a representative of the authority who is familiar with the proposed contract. The public hearing shall be conducted in the evening hours in a location in the area to be affected by said proposed contract. The authority shall present reasons for the proposed contract. Persons in attendance at the public hearing shall have a reasonable opportunity to ask questions and present reasons why such proposed contract shall not be executed. Within 30 days after said hearing and before the execution of any contract, the authority shall give written notice of its decision and the reasons there for to persons who received written notice of the hearing. The authority shall continue to conduct public hearings pursuant to this subsection each year the contract is in effect. Nothing in this paragraph shall be construed as affecting the applicability of sections 52 to 55, inclusive, of chapter 7 to any such contract. (g) The authority shall establish a program for mass transportation consistent with this chapter. The program for mass transportation and any revisions thereto shall be submitted for comment and recommendation to the advisory board not less than 60 days prior to the adoption thereof. The authority shall prepare a written response to reports submitted to it by the advisory board which response shall state the basis for any substantial divergence between the actions of the authority and the recommendations contained in such reports of the advisory board. The program shall be reviewed not less than every 5 years to evaluate the achievement of its aims and to re-evaluate its conformity with this chapter. Said program for mass transportation and any plans specified therein shall be implemented by the capital investment program, including a rolling five-year plan. The capital investment program and plans of the authority shall be based on an evaluation of the impact of each proposed capital investment on the effectiveness of the commonwealth's transportation system, service quality standards, climate and the reduction of greenhouse gas emissions, environmental resiliency, the environment, health and safety, operating costs, the prevention or avoidance of deferred maintenance, and debt service costs. Capital investments that result in the greatest benefits with the least cost, transit commitments made in connection with the central artery project, so-called, capital improvements required under the Americans with disabilities act, capital investments that result in reductions of greenhouse gas emissions and capital expenditures for an ongoing schedule of maintaining the equipment and mass transportation facilities of the authority, shall receive the highest priority under said capital investment program and plans. Said ongoing schedule of maintenance shall be designed to prevent the deferral of routine and scheduled maintenance, address climate change-related vulnerabilities and shall be undertaken prior to investing in new facilities or service expansion, unless the latter required by law or can be demonstrated to be cost-effective, environmentally beneficial or produce quantifiable savings. The capital investment program shall be prepared on an annual basis, under the direction, control and supervision of the authority. The program shall include a clear, comprehensive and specific plan to implement the requirements under section 6A of chapter 448 of the acts of 2016, which shall include, but not be limited to, alterations, updates, land acquisitions and new construction of bus garages, maintenance facilities and charging and fueling equipment, as may be necessary to meet the requirements. The plan shall prioritize the deployment of zero-emission buses on routes that serve underserved communities and communities with a high percentage of low-income households. Each rolling 5–year plan shall report on the progress in meeting the requirements under said section 6A of said chapter 448 including, but not limited to, the number of zero-emission passenger buses operated, the number of non-zero emission passenger buses operated, barriers to increased numbers of zero-emission passenger buses, if any, and recommended legislative or regulatory action needed to address barriers or otherwise promote compliance. The program adopted by the board, including plans for each project funded therein, shall be available for public inspection and submitted to the department, the joint committee on transportation and the senate and house committees on ways and means not later than June 15 of each year. Said program for mass transportation, the capital investment program and the plans for each such project funded therein shall be developed in conjunction with other transportation programs and plans proposed by the department, including any plans of regional transit authorities established pursuant to chapter 161B. Said programs shall be further developed in consultation and cooperation with the department, and in consultation with the executive office of housing and livable communities, the executive office of economic development, the metropolitan area planning council, the executive office of environmental affairs, and such other agencies of the commonwealth or of the federal government as may be concerned with said program and plans. The plans for each project included in the capital investment program shall identify the purpose and intended benefits of each project, the total budget and timeline necessary to complete each project, the amount of said total which is budgeted for each project in the next fiscal year, the operating costs and savings, if any, anticipated to be incorporated in the operating budget of the authority upon completion of each project, the proposed operating costs and costs of routine and scheduled maintenance associated with each project upon its completion, and the expected useful life of each project. The capital investment program shall be based on a rolling five-year plan, updated annually, that establishes the priorities and cashflow needs of the capital borrowing program of the authority. The five year plan shall be accompanied by a timeline for the implementation of the projects and priorities established therein and comprehensive financial estimates of the capital and operating costs and revenues associated with each project established by the plan. The authority shall conduct a series of public meetings within 30 days of issuance of an initial draft of the capital investment program and shall submit a final capital investment program to the advisory board, for its review, no later than May 15 of each year. The authority shall be responsible for the architectural, engineering design, and the construction of mass transportation facilities and for the operation thereof. (h) The authority shall on or before April 1 of each year, render to the department, the governor, the advisory board, and the general court, a report of its operations for the preceding calendar year, including therein a description of the organization of the authority, its service quality standards, trends in revenue and ridership, service improvements and recommendations for legislation, if any, and the program for mass transportation as most recently revised. (i) Any agreement entered into by the authority with a municipality outside of the territory of the authority for service to such municipality directly by the authority, or through agreement with a private company, shall provide for reimbursement by such municipality to the authority only for the net additional expense of such service as determined by the authority. Such agreements may be for such terms, not exceeding five years, as the parties may determine, except as provided in paragraph (f) of section 3. They shall not be subject to the provisions of section 4 of chapter 40 or section 31 of chapter 44. Municipalities may appropriate from taxes or from any available funds to meet their obligations under any such contracts. (j) Any private company lawfully providing mass transportation service in the area constituting the authority at the time the authority is established may continue to operate the same route or routes and levels of service as theretofore, and may conduct such further operations as the authority may permit in the future with or without a contract; provided, that the authority shall in all respects have the same powers and duties in respect to such private carriers as are provided by law for the department of telecommunications and energy except as to safety of equipment and operations, schedules and routes not being, however, considered safety of equipment and operations for the purposes of this paragraph; and provided further, that whenever the authority desires to add new routes for service in any area, it shall give preference in the operation of such routes to the private carrier then serving such area unless the authority concludes that such carrier has not demonstrated an ability to render such service according to the standards of the authority, that such service can be operated directly by the authority at substantially lesser expense to the authority and the public than if operated by such private carrier, or that for substantial and compelling reasons in the public interest operation by such private carrier is not feasible. (k) The board of directors is hereby authorized and directed to promulgate such rules, regulations and procedures, including public hearings, as are necessary and appropriate to provide the following parties the timely opportunity to participate in the development of major transportation projects designed by the authority, as defined by the directors, and to review and comment thereon: (i) state, regional and local agencies and authorities affected by said projects; (ii) elected officials and riders or potential riders from cities and towns affected by said projects; (iii) other public and private organizations, groups and persons who are affected by, and who have provided the board with reasonable notice of their desire to participate in the development of the design of said projects. In this section, the words ''timely opportunity'' shall mean sufficiently early in the design process so as to permit comments to be considered prior to the final development of or commitment to any specific design for such project. (l) The authority, during construction projects, may require the relocation or removal of public utility facilities; provided, that if such project is in whole or in part funded by a federal grant, the authority may reimburse said utility for such costs of relocation and removal as may be agreed upon by said utility and the authority. (m) The authority shall provide gate attendants daily from seven o'clock ante meridian until two o'clock ante meridian on the following day, on High street in the city of Medford at the railroad crossing. (n) No alcoholic beverages shall be sold on any of the properties under the supervision and control of the authority, its tenants or lessees; provided, however, that this subsection shall not apply to properties used for railroad purposes, as defined in chapter 160, including all properties used for railroad-related purposes, including, but not limited to, railroad stations and terminals. (o) No person shall have in his possession on a facility or conveyance under the supervision or control of the authority, alcoholic beverages with the intent to consume same on said facility or conveyance except as provided in paragraph (n). A violation of this subsection shall be punishable as provided in section 40A of chapter 272 and said alcoholic beverages shall be forfeited to said authority. (p) To create, after public hearing and in consultation with the advisory board, mechanisms for ensuring reliable, high-quality and cost-effective operations by establishing and implementing service quality standards. (q) To promote, in consultation with the advisory board, maximization of fare revenue and nontransportation revenue, described herein, through reasonable and equitable fares, ridership growth, and transit-oriented development of land and air rights controlled by the authority. (r) To adopt, and revise as appropriate, a fare policy which addresses fare levels, including discounts, fare equity and a fare structure, including, but limited to, fare media and passes. Said fare policy shall include a system for free or substantially price-reduced transfer privileges. (s) If the authority collects personal data for fare collection, the authority shall maintain the confidentiality of all such information, including, but not limited to, transit system transactions, photographs or other recorded images and credit and account data, relative to riders who use its fare collection system. Such information shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66 and shall be used for fare collection purposes only. Notwithstanding any general or special law to the contrary, fare collection data, if available, may be provided to a representative of the authority's police force only in situations involving: (i) a probable cause warrant signed by a judge; or (ii) exigent circumstances that would render it impracticable to obtain a warrant pursuant to state and federal law. There shall be policies and procedures in place, including, but not limited to, the procedure for determining those cases involving exigent circumstances that would warrant making such data available and for how long the data will be made available.

M.G.L. c. 161A, § 5B Disposal of stolen, lost or abandoned property

c. 161A, § 5B. Disposal of stolen, lost or abandoned property Section 5B. If money, goods or other property which has been stolen, lost or abandoned comes into the possession of a police officer or other employee of the authority by virtue of his office or employment, the officer or employee shall deliver the same to the person designated by the Massachusetts Bay Transportation Authority to receive the same and he shall thereupon be relieved from further responsibility. If no person proves ownership of such money, goods or other property within 6 months, the authority may cause the same, excepting money unclaimed, to be sold at public auction at such place and time and by such person as the authority may designate. Notice of the time and place of the sale, with a description of the property, shall be given by publishing the same once in a newspaper of general circulation published in the city of Boston. The property, if perishable or liable to deteriorate greatly in value by keeping, or the value of which will probably be less than the expense of keeping, may be sold at public auction at such place and at such time within 6 months and by such person as the authority may designate, such notice of the time and place of the sale as said authority may deem reasonable and proper first being given. The proceeds of any sale, together with any unclaimed money, after deducting all reasonable charges and expenses incurred on account of the property, shall be accounted for and paid to the authority. If within 2 years after a sale, the owner claims the property and proves ownership to the satisfaction of the authority, the amount of the unclaimed money or the proceeds of the sale of the property, after deducting reasonable expenses, shall be paid to the person, without appropriation. Nothing in this section shall be construed to supersede or to conflict with any laws pertaining to the handling of evidence in any criminal or civil matters.

M.G.L. c. 161A, § 6 Ballot question for cities and towns regarding issue of joining transportation area

c. 161A, § 6. Ballot question for cities and towns regarding issue of joining transportation area Section 6. Any city or town seeking to receive transportation service from the authority, may place upon the official ballot at any biennial or regular or special city election or annual or special town election the following question: ''Shall this (city, town) be added to the Massachusetts Bay Transportation Authority'' Yes: _______________ No: _______________. Such question shall not be placed upon the official ballot unless the city council or town meeting shall have voted to have such question so placed or unless a petition signed by not less than 5 per cent of the registered voters of the city or town, certified as such by the registrars of voters thereof, shall have been filed with the city or town clerk, at least 90 days before the date of any such election. Forms for such petitions shall be made available without cost by the city or town clerk and each form shall bear the following heading: ''The undersigned registered voters of the (city, town) hereby petition for the placement upon the official ballot of the question whether this (city, town) shall be added to the Massachusetts Bay Transportation Area''. The votes upon such question shall be counted and returned to the city or town clerk in the same manner as votes for candidates in municipal elections. Said clerk shall forthwith notify the authority of the results of the vote. If a majority of the votes cast upon the question shall be in the affirmative, the city or town shall be deemed to be added to the authority effective on the first day of January next following the notification by the clerk. If the city council or town meeting of more than one city or town shall vote to have such question placed on the official ballot, or if a petition signed as provided in this section shall be filed with more than one city or town clerk, and if such combination of cities or towns, if regarded as a single municipality, would be contiguous to the area constituting the authority, such question shall be placed upon the official ballot in each such city or town. The votes upon such questions shall be counted and returned to each city or town clerk in the same manner as votes for candidates in municipal elections. The city or town clerks for each said city or town shall forthwith notify the authority of the result of its vote. If a majority of the votes cast upon the vote in each city or town shall be in the affirmative, each said city or town shall be deemed to be within the authority effective on the first day of January next following the notifications by the clerks. The authority may not provide service to a city or town that fails to join the transportation area, unless such city or town was receiving service as of July 1, 2000.

M.G.L. c. 161A, § 7 Board of directors; term; political party; quorum; powers, responsibilities and obligations; records; meetings; disclosure of financial interests; liability

c. 161A, § 7. Board of directors; term; political party; quorum; powers, responsibilities and obligations; records; meetings; disclosure of financial interests; liability Section 7. (a) The authority shall be governed and its corporate powers exercised by a board of directors. The board shall consist of: the secretary, who shall serve ex officio; 1 person to be appointed by the mayor of the city of Boston; 1 person to be appointed by the advisory board who shall have municipal government experience in the service area constituting the authority and experience in transportation operations, transportation planning, housing policy, urban planning or public or private finance; provided, however, that said person shall not represent the city of Boston; and 6 persons to be appointed by the governor, 1 of whom shall have experience in safety, 1 of whom shall have experience in transportation operations, 1 of whom shall have experience in public or private finance, 1 of whom shall be a rider as defined in section 1 and a resident of an environmental justice population as defined in section 62 of chapter 30, 1 of whom shall be a municipal official representing a city or town located in the area constituting the authority representing the service area of the 51 cities and towns or the other served communities and 1 of whom shall be selected from a list of 3 persons recommended by the president of the Massachusetts State Labor Council, AFL-CIO. Not less than 2 of the appointed members shall also be members of the board of directors of the Massachusetts Department of Transportation established under section 2 of chapter 6C. In making selections to the board of directors, the appointing authority shall strive to ensure a board whose diversity and inclusion are reflective of the population served by the authority. (b) The term of each member, except for the secretary, shall be 4 years; provided, however, that 3 of the members appointed by the governor, not including the secretary, shall serve for terms that are coterminous with the governor. A member shall be eligible for reappointment; provided, however, that a member shall not serve more than 2 terms. A member appointed to fill a vacancy in the board shall serve only for the unexpired portion of the term of the former member but may be appointed to serve 2 full terms thereafter. [ Subsection (c) effective until November 25, 2025. For text effective November 25, 2025, see below.] (c) Not more than 4 members shall be enrolled in the same political party. The governor shall designate 1 member to serve as chair and the board shall elect 1 member to serve as vice-chair; provided, however, that the secretary shall not serve as chair or vice-chair. [ Subsection (c) as amended by 2025, 73, Sec. 49 effective November 25, 2025. For text effective until November 25, 2025, see above.] (c) Not more than 5 members shall be enrolled in the same political party. The governor shall designate 1 member to serve as chair and the board shall elect 1 member to serve as vice-chair; provided, however, that the secretary shall not serve as chair or vice-chair. (d) Five members of the board shall constitute a quorum and the affirmative vote of a majority of members present at a duly called meeting, if a quorum is present, shall be necessary for any action taken by the board. Any action required or permitted to be taken at a meeting of the board may be taken without a meeting if all members consent in writing to such action and such written consent is filed with the records of the minutes of the board. Such consent shall be treated for all purposes as a vote at a meeting. (e) The board shall be afforded all the powers, responsibilities and obligations under this chapter. The board may delegate any powers, responsibilities and obligations specifically afforded to it to the general manager unless otherwise prohibited by this section. The board shall adopt a written policy providing for the delegation of any of its powers and duties. [ Subsection (f) effective until November 25, 2025. For text effective November 25, 2025, see below.] (f) The board shall establish subcommittees, which shall include at a minimum a subcommittee on: (i) safety, health and environment; (ii) planning and workforce development; and (iii) audit and finance. Each member shall participate on 2 subcommittees of the board. Each subcommittee shall have 3 board members. The appointee of the governor who has experience in safety shall chair the subcommittee on safety, health and environment. The appointee of the governor who has experience in public or private finance shall chair the subcommittee on audit and finance. [ Subsection (f) as amended by 2025, 73, Sec. 50 effective November 25, 2025. For text effective until November 25, 2025, see above.] (f) The board shall establish subcommittees, which shall include at a minimum a subcommittee on: (i) safety, health and environment; (ii) planning, workforce development and compensation; and (iii) audit and finance. Each member shall participate on not more than 2 subcommittees of the board. Each subcommittee shall have not less than 3 board members. The appointee of the governor who has experience in safety shall chair the subcommittee on safety, health and environment. The appointee of the governor who has experience in public or private finance shall chair the subcommittee on audit and finance. In the case of a vacancy of either the appointee who has experience in safety or the appointee who has experience in public or private finance, the board chair shall designate a subcommittee member to serve as acting subcommittee chair until such time as the vacancy has been filled. (g) The members of the board, except for the secretary, shall serve without compensation, but each member may be reimbursed for actual and necessary travel and other expenses reasonably incurred by the member in the discharge of the member's official duties; provided, however, that reimbursement shall not exceed $6,000 annually per member. (h) Meetings of the board and its subcommittees shall be subject to sections 18 to 25, inclusive, of chapter 30A. Records of the board shall be subject to section 10 of chapter 66. [ Subsection (i) effective until November 25, 2025. For text effective November 25, 2025, see below.] (i) The board shall meet at least 1 time per month and not less than 12 times per calendar year. [ Subsection (i) as amended by 2025, 73, Sec. 51 effective November 25, 2025. For text effective until November 25, 2025, see above.] (i) The board shall meet as determined by the chair, but not less than 10 times per calendar year. (j) Each member shall make full disclosure of their 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 the member has a financial interest, unless otherwise permissible under chapter 268A. Chapters 268A and 268B shall apply to the secretary in the secretary's capacity as an ex officio member. Said chapters 268A and 268B shall apply to all other members of the board, except that the board may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with any person with which any member of the board has an interest or involvement; provided, however, that: (i) such interest or involvement is disclosed in advance to the members of the board and recorded in the minutes of the board; and (ii) no member having such interest or involvement may participate in a decision of the board relating to such interest or involvement. Employment by the commonwealth or service in any agency thereof shall not be deemed to be such an interest or involvement. (k) Members shall not be liable to the commonwealth, the authority or any other person as a result of their activities related to their duties as members of the board, whether ministerial or discretionary, except for willful dishonesty or intentional violations of law. The board may purchase liability insurance for members, officers and employees of the board and may indemnify such persons against the claims of others.

M.G.L. c. 161A, § 7A Advisory board

c. 161A, § 7A. Advisory board Section 7A. There shall be an advisory board to the authority consisting of a representative of each city or town paying an assessment to the authority. Each such representative shall be, in the case of a Plan D or Plan E city, the city manager, in the case of every other city, the mayor, or the chairman of the board of selectmen of every town. Each city manager, mayor, or chairman may appoint a designee, who shall be a rider as defined herein, to act for him on the advisory board by filing the name of said designee with the authority. The total voting strength of cities and towns on the advisory board shall be no less one than vote for each city or town together with additional votes calculated by multiplying one and one-half times the total number of cities and towns paying assessments to the authority by a fraction of which the numerator shall be the total amount of all assessment made by the state treasurer to such city or town under this chapter and the denominator shall be the total amount of all assessment made by the state treasurer to all such cities and towns. The determination of votes shall be based upon the most recent annual assessment. The total vote of each city and town shall be determined by the authority and delivered in writing to the executive director of the advisory board 30 days after the state treasurer has sent the warrants for payments to the cities and towns. Until the determination of voting strength by the authority in the year 2001, each city and town shall receive the same proportion as the previous year and each additional city and town will receive one vote. Whenever the approval of the advisory board or of the 14 cities and towns or of the 51 cities and towns or of the other served communities is required for any appointment or action by the governor or the authority, such approval shall be deemed to have been granted unless, within 30 days of the submission thereof, the advisory board of the 14 cities and towns or the 51 cities and towns or the other served communities has its disapproval to the governor or to the authority in writing. Any notice or submission hereunder to the advisory board or to the 14 cities and towns or to the 51 cities and towns or to the other served communities shall be given in such manner as the governor or authority deems reasonable. Except as otherwise provided by vote of the advisory board or of the 14 cities and towns or of the 51 cities and towns or of the other served communities, respectively, a meeting may be called by the representative or representatives of cities and towns having 5 per cent or more of the votes of the advisory board or of 14 cities and towns or of 51 cities and towns or of the other served communities, as the case may be. The first meeting of the 14 cities and towns and of the 51 cities and towns and of the other served communities, which shall be immediately followed by the first meetings of the 14 cities and towns and of the 51 cities and towns and of the served communities shall be held as soon as practicable upon the call of the governor. The advisory board shall act by a majority vote, except that it may delegate its power of approval to an executive committee formed and elected pursuant to duly adopted by-laws of the board and constituting among its members as least one-half of the total vote of the board, and may at any time, revoke such delegation provided that not such executive committee shall be empowered to approve the governor's appointments to the board of directors. The advisory board may incur expenses, as authorized by majority vote of such board, for staff, stenographic, clerical and other purposes. Such expenses as do not annually exceed 0.25 per cent of the assessment upon member communities shall be paid by the authority.

M.G.L. c. 161A, § 8 Financial assistance from commonwealth

c. 161A, § 8. Financial assistance from commonwealth Section 8. The commonwealth shall provide financial assistance to the authority through periodic draws by the authority from the Massachusetts Bay Transportation Authority State and Local Contribution Fund in accordance with section 35T of chapter 10. Receipts credited to said fund shall consist of (i) the base revenue amount or the dedicated sales tax revenue amount as said amounts are defined by said section 35T, and (ii) all assessments received pursuant to section 9. The receipts credited to said fund shall, except as provided in subsection (d) of section 12, section 13, or section 18, meet the full financial obligation of the commonwealth to the authority.

M.G.L. c. 161A, § 9 Financial assistance from cities and towns

c. 161A, § 9. Financial assistance from cities and towns Section 9. Notwithstanding the provisions of any general or special law to the contrary, all cities and towns of the authority shall contribute to the Massachusetts Bay Transportation Authority State and Local Assistance Fund an amount in the aggregate not less than $136,026,868 which, after fiscal year 2006, shall be adjusted each July 1 by the growth rate of the inflation index over the preceding 12 months; provided, that, after said fiscal year, in no case shall said assessment exceed 102.5 per cent of the previous year's assessment. Each municipality's share of said assessment shall equal its weighted percentage of the total population of the authority. For the purposes of this calculation, said weights shall be as follows: Boston, 18; Brookline and Cambridge, 12; the 14 cities and towns excluding Boston, Brookline and Cambridge, 9; the 51 cities and towns, 3; other served communities, 1. Population shall mean population as most recently estimated and published by the United States Census Bureau. On or before March 1 of each year, the authority shall certify to the state treasurer the amount to be assessed to each city and town as aforesaid on account of the ensuing fiscal year, and the state treasurer shall, on behalf of commonwealth, assess each such city and town on account of such year in accordance with the provisions of section 20 of chapter 59. Beginning on July 1, 2001, a city or town that is also a member of a regional transit authority or that at any time joins a regional transit authority shall have 100 per cent of the amount assessed for the operation of the regional transit authority credited against its share of the assessment made under this section; provided, however, that the amount credited shall not exceed the total amount of the assessment; and provided further, that the amount credited shall be the most recently audited regional transit authority assessment available on January 1 of each year and shall be used to calculate the upcoming fiscal year's estimated cherry sheet assessments. The total amount of regional transit authority credits authorized herein shall be re-assessed to the 14 cities and towns and the 51 cities and towns based on the weighted percentage of said cities and towns' share of the population of said 14 and 51 cities and towns. For the purposes of this section, the words ''inflation index'' shall mean the per cent change in inflation as measured by the per cent change in the consumer price index for all urban consumers for the Boston metropolitan area as determined by the bureau of labor statistics of the United States department of labor. A city or town assessed by the authority that is not receiving paratransit services for the disabled from the authority shall have 50 per cent of the amount it expended in the previous fiscal year for the operation of or membership in a local or regional paratransit service credited against its share of the assessment made under this section. The amount credited shall not exceed the total amount of the assessment. The credit shall apply only to services provided to individuals eligible for paratransit services. As used in this paragraph, ''paratransit services'' shall mean services provided to individuals with disabilities who, as the result of a physical or mental impairment, including a vision impairment, are unable to board, ride or disembark from a vehicle in the authority's regular transportation system without the assistance of another individual, except the operator of a wheelchair lift or other boarding assistance device.

M.G.L. c. 161A, § 10 Financial assistance from the federal government

c. 161A, § 10. Financial assistance from the federal government Section 10. The authority is authorized and directed from time to time to take all necessary action to secure any federal assistance which is or may become available to the commonwealth or any of its political subdivisions, for any of the purposes of this chapter. If any federal law, administrative regulations or practice requires any action relating to such federal assistance to be taken by any department or instrumentality of the commonwealth other than the authority, such other department or instrumentality is authorized and directed to take all such action, including without limitation filing applications for assistance, supervising the expenditure of federal grants or loans to the foregoing, and the authority is hereby authorized and directed to take all actions which are not inconsistent with state law and which are necessary to permit such other department or instrumentality to comply with federal requirements. If the provisions of any federal law, administrative regulation, or practice governing federal assistance for the purposes of this chapter are inconsistent with any provisions of this chapter to the extent that the commonwealth or its political subdivisions are prohibited or potentially prohibited from receiving such assistance, the chairman of the authority shall, within 30 days after the federal government has notified him that an inconsistency may exist, notify the governor, and the clerks of the house and senate of such inconsistency.

M.G.L. c. 161A, § 11 Board policies to increase revenues and to improve operating efficiency; net operating investment per passenger mile ratio

c. 161A, § 11. Board policies to increase revenues and to improve operating efficiency; net operating investment per passenger mile ratio Section 11. The board shall establish and implement policies that provide for the maximization of nontransportation revenues from all sources. The board shall report to the general court 30 days prior to the board's approval of the preliminary annual budget on efforts of the authority to maximize nontransportation revenues. The board shall establish and implement policies, consistent with the provisions of paragraphs (q) and (r) of section 5, that maximize and increase total fare revenue and ridership by improving service quality, expanding transit service where appropriate, establishing fare policies that promote ridership growth, marketing its transit services and fare media and providing desirable services and benefits to transit riders. The board shall establish and implement policies that increase the proportion of the authority's expenses covered by system revenues, provided that the authority shall take all necessary steps to increase system revenues and improve operating efficiency before considering any reductions in service levels; provided that the authority takes all necessary steps to maximize nontransportation revenues, increase ridership and improve fare collection practices before implementing fare increases. Nothing in this chapter shall preclude the authority from increasing fares, if necessary, to meet debt service obligations. For the purposes of measuring the efficiency of authority operations and evaluating the proportion of authority expenses covered by system revenues, the board shall determine, among other accountability measures, the net operating investment per passenger-mile ratio. To calculate said ratio, the authority shall use for the values of the variables in said ratio the data reported each fiscal year to the federal transit agency, so-called, for the purposes of the national transit database. In conjunction with the preparation of the preliminary operating budget for the subsequent fiscal year, the board shall establish a target net operating investment per passenger mile ratio that is expected to be achieved in the subsequent fiscal year. The authority shall forward a report to the governor, the general court, and the advisory board not later than April 1 detailing the actual net operating investment per passenger mile ratio achieved in the prior two fiscal years, the ratio projected to be achieved in the current fiscal year and the ratio expected to be achieved in the subsequent two fiscal years. Said report shall be accompanied by an explanation of the reasons for year-to-year change in said ratio. Beginning in fiscal year 2006, the authority shall seek to achieve and maintain a target ratio of not more than 20 cents for any fiscal year; provided, that the inability to achieve the ratio of 20 cents shall not, by itself, require the authority to reduce service levels, increase fares or take any other specific action; provided, that if the authority is unable to achieve or maintain the target ratio of 20 cents, or less, it shall, for fiscal year 2006 and subsequent fiscal years, include in said report the reasons therefor and the plans of the authority for seeking to achieve the target ratio of 20 cents.

M.G.L. c. 161A, § 12 Temporary notes; trust agreements

c. 161A, § 12. Temporary notes; trust agreements Section 12. (a) The authority may issue temporary notes under this section (i) to fund temporary cash deficiencies, or (ii) in anticipation of future revenues. The authority shall consult with the state finance and governance board established under section 97 of chapter 6 prior to the sale of any such notes as to the timing and terms thereof. (b) Any notes issued pursuant to this section shall be payable on or before December 31 of the year following their issue. Such notes shall be general obligations of the authority. (c) Any notes issued pursuant to under this section shall be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within the commonwealth. Such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the noteholders as may be reasonable and proper and not in violation of law, including covenants and negative covenants in relation to the financial operations of the authority and to the custody, safeguarding and application of all monies received by or for the account of the authority. It shall be lawful for any bank or trust company incorporated under the laws of the commonwealth to act as depository of note proceeds or other funds under such trust agreement and to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Such trust agreement may set forth the rights and remedies of the noteholders and the trustee and may restrict the individual right of action by noteholders. In addition to the foregoing, such trust agreement may contain such other provisions as the authority may deem reasonable and proper for the security of the noteholders. (d) Any notes issued pursuant to this section shall not have any guaranty, pledge, or support from the commonwealth other than that specified in section 8 of this chapter and section 35T of chapter 10, unless specifically authorized by legislation enacted after July 1, 2000. (e) Except to the extent limited by the trust agreement, the duties of state officials, the authority and its officials, city and town assessors and other city and town officials under this section or the trust agreement or otherwise relating to the levy, collection, custody, safeguarding and application of the assessments upon the cities and towns and other moneys provided in lieu thereof or in reduction thereof, including the duties of city and town assessors and other city and town officials to raise money for and to pay over the assessments, shall be enforceable in a civil action pursuant to section 5 of chapter 249 brought by the authority or the corporate trustee.

M.G.L. c. 161A, § 13 Authorization for authority to issue bonds; purposes of bonds

c. 161A, § 13. Authorization for authority to issue bonds; purposes of bonds Section 13. (a) The authority is hereby authorized to provide by resolution at one time or from time to time for the issue of bonds of the authority for any one or more of the following purposes: (1) To acquire, plan, design, construct, reconstruct, alter, recondition and improve mass transportation facilities and equipment for express service for use by or under contract with the authority; (2) Subject to the limitations contained in subsection (f) of section 3, to finance agreements with railroads to provide passenger service to and from Boston; (3)(i) To acquire, plan, design, construct, reconstruct, alter, recondition and improve mass transportation facilities and equipment for local service for use by or under contract with the authority and (ii) to provide relief to any private company, whether by agreement or arbitration award, under the provisions of section 22; (4) To pay any capital costs of the authority, whether or not bonds for any such purpose may also be issued under any other provision of this section. Bonds may be issued for any costs of the foregoing incurred either before or after the issue of the bonds. Bonds issued under any of the foregoing clauses may be issued in sufficient amount to pay the expenses of issue and to establish such reserves as may be required by any applicable trust agreement or bond resolution. No bonds of the authority shall be sold by the authority unless prior to such sale the authority shall have consulted with the state finance and governance board established under section 97 of chapter 6 as to the timing and terms thereof. (b) Each application or reapplication of the authority for grants from the federal government, whether directly or through an intermediary, shall be filed with the joint legislative committee on transportation at the same time as such application is filed with the federal government. Upon the filing of each such application with said committee, the authority shall certify to said committee such information regarding the proposed grant, including without limitation itemization of proposed expenditures and of financing sources, as shall be prescribed from time to time by said committee. (c) Bonds issued by the authority may be general obligations of the authority or may be secured by a pledge or conveyance of any revenues, receipts or other assets or funds of the authority, or any combination of the foregoing, all as may be determined by the authority. In connection with the issuance of bonds, the authority 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. The bonds of each issue shall be dated, shall bear interest at such rates, shall mature at such time or times not exceeding 40 years from their date or dates as may be determined by the authority, and may be made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issue of the bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the commonwealth. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All bonds issued under the provisions of this chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under chapter 106. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone, and also as to both principal and interest and for the exchange of coupon or registered bonds. Subject to the requirement of consultation with the finance advisory board established by section 97 of chapter 6, the authority may sell such bonds in such manner, either at public or private sale, and for such price as it may determine to be for the best interests of the authority. The proceeds of such bonds shall be disbursed in such manner and under such restrictions, if any, as the authority may provide. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds and bond anticipation notes may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau or agency of the commonwealth, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this chapter. Provisions of this chapter relating to the preparation, adoption or approval of plans, programs, projects, budgets and expenditures shall not affect the issue of bonds and notes and the bonds and notes may be issued either before or after such preparation, adoption or approval. (d) In addition to the foregoing the authority is hereby authorized to provide by resolution for the issue of refunding bonds of the authority for the purpose of refunding any principal, interest and sinking fund requirements on any bond issued by the authority or on any indebtedness assumed by the authority pursuant to law, including payment of any redemption premium thereon, any interest accrued, or to accrue to the date of payment or redemption of the bonds or indebtedness being refunded, and any expenses of issuing and refunding bonds. Such refunding bonds may be issued at such time prior to the payment or redemption of the bonds or indebtedness being refunded as the authority may determine to be in the best interests of the authority. The issue of such bonds, the maturities and other details thereof, and the duties of the authority in respect to the same, shall be governed by the provisions of this chapter in so far as the same may be applicable. While any bonds or notes issued or assumed by the authority remain outstanding, the powers, duties and existence of the authority and the provisions for payments by the commonwealth to the authority shall not be diminished or impaired in any way that will affect adversely the interests and rights of the holders of such bonds or notes. Bonds issued by the authority after July 1, 2000 shall receive no guaranty, pledge, or support from the commonwealth other than that specified in section 8 of this chapter and section 35T of chapter 10, unless specifically authorized by legislation enacted after July 1, 2000.

M.G.L. c. 161A, § 14 Bonds secured by trust agreement between authority and corporate trustee

c. 161A, § 14. Bonds secured by trust agreement between authority and corporate trustee Section 14. In the discretion of the authority such bonds or refunding bonds shall be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the commonwealth. Either the resolution providing for the issue of bonds or such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition, improvement, maintenance, operation, repair and insurance of property, and the custody, safeguarding and application of all monies and may pledge or assign the revenues to be received, but shall not convey or mortgage any property. It shall be lawful for any bank or trust company incorporated under the laws of the commonwealth to act as depository of the proceeds of bonds or of revenues and to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Such trust agreements or bond resolution may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, such trust agreement or bond resolution may contain such other provisions, including a provision for a sinking fund, as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or bond resolution may be treated as current expenses of the authority.

M.G.L. c. 161A, § 15 Bonds and notes issued by authority; securities

c. 161A, § 15. Bonds and notes issued by authority; securities Section 15. Bonds and notes issued under this chapter, whether original or refunding, are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies, banking associations, savings banks, cooperative banks, investment companies, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or notes or other obligations of a similar nature may properly and legally invest funds, including capital, deposits or other funds in their control or belonging to them. Such bonds and notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of bonds or other obligations of the commonwealth now or may hereafter be authorized by law.

M.G.L. c. 161A, § 16 Rights of holders of bonds

c. 161A, § 16. Rights of holders of bonds Section 16. Any holder of bonds or refunding bonds issued under the provisions of this chapter or of any of the coupons appertaining thereto, and the trustee under the trust agreement, if any, except to the extent the rights herein given may be restricted by such resolution or trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the commonwealth or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the authority or by any officer thereof.

M.G.L. c. 161A, § 17 Issuance of interest bearing or discounted notes; bond anticipation notes

c. 161A, § 17. Issuance of interest bearing or discounted notes; bond anticipation notes Section 17. The authority is authorized to provide by resolution at one time or from time to time for the issue of interest bearing or discounted notes for the purposes and in the amounts that bonds may be issued. The notes shall be payable within three years from their dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes hereunder maturing within the required time from the date of the original loan being refunded. When bonds are issued for the purposes for which the notes were issued, the proceeds of the bonds shall be used to repay the notes, except that interest on the notes may be financed as a current expense to the extent deemed appropriate by the authority. The notes may be secured by a trust agreement or by the provisions of a resolution, as in the case of bonds. Bond anticipation notes may be issued either before or after the authorization of the bonds being anticipated.

M.G.L. c. 161A, § 18 Insufficiency of funds; payments by commonwealth

c. 161A, § 18. Insufficiency of funds; payments by commonwealth Section 18. To the extent that funds paid to the authority pursuant to section 35T of chapter 10 are insufficient in any year to meet the debt service or other payment obligations of the authority in connection with debt or other financing obligations of the authority, including, without limitation, leases, reimbursement obligations or interest exchange agreements, issued or entered into prior to July 1, 2000 in respect of which the commonwealth has pledged its credit or is otherwise liable or as to which the authority has covenanted to maintain net cost of service or contract assistance support, the commonwealth shall remain liable for the payment of such obligations or the provision of net cost of service or contract assistance support as to such obligation to the same extent as before the enactment of this chapter; provided, that the amount of any such support provided by the commonwealth to the authority pursuant to this section shall be in the form of a no-interest loan repayable within five years from the dedicated revenue source and system revenues of the authority. Notwithstanding the provisions of this section, the commonwealth may, subject to appropriation and the provisions of article 62 of the Constitution of the Commonwealth, pledge its credit, guaranty, or support for the funding of transit commitments made in connection with the central artery project, so-called, capital improvements required under the Americans With Disabilities Act, or any other projects to conform to federal statutory mandates, or projects or services specifically authorized and funded by legislation enacted by the general court after July 1, 2000, or any other projects or services authorized by the general court prior to said July 1 for which funding is appropriated by the general court subsequent to said July 1; provided, that the authority shall not be obligated to make expenditures for any such commitments or projects so authorized for which the funds necessary to complete and operate such commitments or projects, including the guarantee of contract assistance, have not been made available to the authority. The authority shall undertake such projects and services so authorized and funded and shall incorporate them into the capital investment program established pursuant to paragraph (g) of section 5 and shall not make them subject to the priority ranking established by said paragraph (g) for other projects of the authority. If at any time any principal or interest is due or about to come due on any bond or note issued or assumed by the authority prior to July 1, 2000, other than any principal or interest on any bond anticipation note guaranteed by the commonwealth, or any payment is due or about to come due under any other financing obligation undertaken or assumed by the authority prior to July 1, 2000, including without limitation a lease, a reimbursement agreement, or an interest exchange agreement, and funds to pay the same are not available, the directors shall certify to the state treasurer the amount required to meet such obligations, and the commonwealth shall thereupon pay over to the authority the amount so certified. If the commonwealth shall not make such payment within a reasonable time or shall not pay when required under any applicable contract assistance in effect prior to July 1, 2000. The authority or any holder of an unpaid bond or note issued or assumed by the authority as aforesaid, or any obligee in respect of any other such financing obligation, acting in the name and on behalf of the authority as aforesaid, shall have the right to require the commonwealth to pay the authority the amount remaining unpaid, which right shall be enforceable as a claim against the commonwealth. The authority or any such holder or obligee may file a petition in the superior court for Suffolk county to enforce such claim or intervene in any such proceeding already commenced, and the provisions of chapter 258 shall apply to such petition insofar as it relates to the enforcement of a claim against the commonwealth. Any such holder or obligee who shall have filed such a petition may apply for an order of said court requiring the authority to apply funds received by the authority on its claim against the commonwealth to the payment of the petitioner's unpaid obligation, and said court, if it finds such amount to be due to such holder or obligee, shall issue such an order.

M.G.L. c. 161A, § 19 Stabilization fund; fare stability fund

c. 161A, § 19. Stabilization fund; fare stability fund Section 19. The authority shall establish a Stabilization Fund into which it shall deposit revenues in excess of expenses pursuant to section 21 until the fund balance is equal to or greater than 5 per cent of total revenues of the fiscal year most recently ended. The authority may draw funds from the Stabilization Fund only in the event that, after implementing all efficiencies and savings possible, annual revenues are projected to be less than annual expenses, or if it has insufficient funds on-hand to pay current expenses. The authority may not assume draws from the Stabilization Fund in preparing its budget pursuant to section 20. In the event the authority draws funds from the Stabilization Fund, it shall file with the secretary of administration and finance, the secretary of transportation and construction, the joint committee on transportation and the house and senate committees on ways and means a financial plan that projects to produce in the following fiscal year an excess of revenues over expenses. The authority shall also establish a Fare Stability Fund, into which it shall deposit revenues in excess of expenses pursuant to section 21. The authority may assume draws from the Fare Stability Fund in preparing its budget pursuant to section 20. Funds in said Fare Stability Fund shall be utilized within five fiscal years after being deposited.

M.G.L. c. 161A, § 20 Annual itemized budget; supplementary budget

c. 161A, § 20. Annual itemized budget; supplementary budget Section 20. The board shall approve a preliminary itemized budget for the subsequent fiscal year not later than May 15 prior to the beginning of that fiscal year. The authority shall submit to the advisory board a final itemized budget not later than June 15 prior to the beginning of the fiscal year. The secretary shall make the preliminary and final itemized budgets available on the authority's website. The itemized budget shall establish a projection of operating costs and revenues for each commuter rail, rapid transit, bus and water line or route, each maintenance facility and for each department and unit of the authority. The itemized budget shall identify expenditures in such a manner that establishes the cost of operating the service provided on each such line or route. In conjunction with the itemized budget, the authority shall also calculate any additional costs that would be incurred in the event that service on each such line or route is mandated to expand or change beyond the level of service established or proposed by the itemized expenditure budget. The itemized budget shall properly classify operating expenditures. Subject to a written policy approved by the board, the authority may classify an employee on a capital budget if the employee is supporting a capital transportation project; provided, however, that such classification shall be in accordance with federal funding requirements, government accounting standards and applicable state finance and federal laws. The policy shall: (i) define the employee positions eligible for classification on a capital budget, consistent with this section; (ii) specify that no proceeds of commonwealth general obligation bonds shall be used to fund an employee's salary; and (iii) require an annual review by an independent third-party auditor of the authority's practices related to classifying employees on a capital budget. The secretary shall include the following information in the itemized budgets available on the authority's website: (i) the amount of capital expenditures used for employees; (ii) the total number of employee salaries included in capital expenditures, including a breakdown by division of the position titles and accompanying salaries; and (iii) the total number of employees assigned to capital projects. The board shall forward not later than November 15 of each year to the governor, the secretary of administration and finance, the joint committee on transportation and the house and senate committees on ways and means the estimated capital or operating cost the authority projects to incur in the following fiscal year for expansions or changes in service imposed by the general court on the authority after July 1, 2000. No expenses shall be incurred in excess of those shown in the budget; provided, however, that revenues shall exceed expenses at the close of each fiscal year in the operating funds of the authority by an amount equal to 1/2 of 1 per cent of the dedicated revenue source. The itemized budget may from time to time be amended by the board. The final budget and any supplementary budget shall provide for payment of all debt service payments or other payments due under financing obligations including, without limitation, leases, reimbursement obligations or interest exchange agreements for which the commonwealth has pledged its credit or contract assistance or is otherwise liable. If, during the fiscal year, the authority projects that total revenues for the fiscal year will be insufficient to meet total expenses, the authority shall take immediate steps to increase revenues or decrease expenses, other than debt service payments or other payments due under such financing obligations, such that a deficit will not occur in the following fiscal year and shall file with the secretary of administration and finance a deficit reduction plan delineating such steps. Upon the filing of such plan, the authority may, if it will otherwise have insufficient funds to pay expenses, draw on the Stabilization Fund in section 19 or issue temporary notes pursuant to section 12 for the subsequent fiscal year.

M.G.L. c. 161A, § 21 Allocation of annual revenues in excess of expenses

c. 161A, § 21. Allocation of annual revenues in excess of expenses Section 21. Annual revenues in excess of expenses shall be allocated in the following order: (a) to fully fund all debt service reserves required under the trust agreements of any bonds of the authority then outstanding, and to fund in advance the debt service reserve requirements of any bond issuances planned for the upcoming fiscal year, in each case to the extent required by an applicable bond resolution or trust agreement securing bonds of the authority; (b) to fund the Stabilization Fund established pursuant to the first paragraph of section 19; (c) 50 per cent of any revenues in excess of expenses remaining after all debt service reserve requirement and the Stabilization Fund are fully funded shall be deposited in the Fare Stability Fund established pursuant to the second paragraph of section 19; (d) 50 per cent of any revenues in excess of expenses remaining after all debt service reserve requirement and the Stabilization Fund are fully funded shall pay for capital improvements in lieu of bond proceeds or be applied to the retirement of outstanding bonds.

M.G.L. c. 161A, § 22 Remedy of private mass transportation company against authority for relief from effects of authority's operations; procedures

c. 161A, § 22. Remedy of private mass transportation company against authority for relief from effects of authority's operations; procedures Section 22. (a) If the authority shall operate or contract for the operation of a mass transportation service or route which is not substantially similar to a service or route previously operated by the authority or the Massachusetts Bay Transportation Authority and which is in competition with a pre-existing mass transportation service or route provided by a private company, and if such competition causes substantial economic damage to such company, the company may file a claim for relief with the authority within six months of the commencement of such new operation. The claim for relief shall state all of the facts relevant to the claimed competition and to the alleged damage suffered therefrom. Thereupon the authority shall make a prompt and full investigation of the claim. During its investigation and any subsequent arbitration the authority shall have access to the books and records of the company, including but not limited to copies of all federal and state tax returns of such company for prior years. Within 120 calendar days after the filing of the claim for relief the authority shall issue a report setting forth its findings with respect to said claim, together with a detailed statement of the facts as to the respective patronage, revenues and costs on the allegedly competing routes and, if deemed appropriate, an offer of relief. Such offer may include a proposal that the authority purchase all or a portion of the assets of such company, or that the authority grant to such company a contract pursuant to the provisions of section 3, or it may propose such other plan or alternative plans of relief as it shall deem reasonable and in the public interest. Within 90 calendar days of receipt of such report the company shall accept or reject any offer or offers of the authority or it shall make one or more counter-offers. The authority shall accept or reject any counter-offers within 30 calendar days of receipt. The authority may modify or revoke any such offer and the company may modify or revoke any such counter-offer at any time before acceptance or rejection. (b) If the authority shall decline to make any offer to the company, or if all offers or counter-offers shall be rejected, or if the authority or the company shall fail to act with respect to such offers or counter-offers within the time prescribed herein, the matter shall be referred to a board of arbitration for final and binding adjudication. Unless the parties shall agree in writing to some other method of constituting the board of arbitration, of selecting its members and of providing for the rules of procedure by which it shall be governed, the board shall be appointed and its proceedings regulated in accordance with the provisions of the applicable sections of chapter 251. The function of the board of arbitration shall be to determine whether the operations of the authority in competition with those of the company during the period complained of have constituted a proximate cause of substantial damage to the company; to identify and designate the portion of the company's operations so damaged, such designation to include a complete list of the physical assets of the company, real and, personal fairly allocable to such portion; and to fix the fair value of such portion of the company's operations as of the time that such competition commenced. In determining such fair value the board of arbitration shall follow generally accepted accounting principles and shall place particular emphasis on capitalization of the average net income of the company for prior years, excluding, however, from such average net income any amounts received by such company under the provisions of section 25B of chapter 58, and upon an appraisal of the listed physical assets of the company valued at their cost basis less depreciation in a manner consistent with the valuation and depreciation methods employed by the company in filing federal and state income tax returns for such prior years. Under no method of valuation shall any value be placed upon franchises or good will. Within 30 calendar days after the award of the board of arbitration the company shall sell, and the authority shall purchase, the physical assets listed by the board, and the authority shall pay to the company the fair value of the portion of the company's operations as found by the board. The cost to the authority of any acquisition under this section shall be paid from the proceeds of bonds or bond anticipation notes issued as hereinafter provided. An award under this section shall be subject to the availability of such bond or note proceeds and any sale hereunder may be postponed by the agreement of the parties pending the availability of such funds. (c) The procedure set forth in this section shall constitute the exclusive remedy of a private mass transportation company against the authority for relief from the effects of the authority's operations or activities, and no action or suit shall be brought against the authority on account of alleged damage suffered except to enforce compliance with the provisions of this section. Nothing herein shall prohibit the authority and the company from entering into an agreement in settlement of the claim for relief at any time, notwithstanding the rejection of an offer or counteroffer, the pendency of arbitration proceedings or the existence of an award. All time requirements set forth herein may be extended by the written agreement of the authority and the company. It is the intent of this section to encourage cooperation between the authority and private companies so as to provide fair and reasonable relief as speedily as possible in case of damaging competition.

M.G.L. c. 161A, § 23 Biennial report by state auditor

c. 161A, § 23. Biennial report by state auditor Section 23. The department of the state auditor shall biennially make an audit of the accounts of the authority and make a report thereon to the directors, the governor and the general court. In making said audits, said department of the state auditor may call upon any of the departments, commissions, officers and agencies of the commonwealth for such information as may be needed in the course of making such audits. The state auditor may employ such auditors, accountants and other assistants as he deems necessary for carrying out said duties, and chapter 31 and the rules made thereunder shall not apply to such employees. The commonwealth shall be reimbursed by the authority for the cost of the audit.

M.G.L. c. 161A, § 24 Exemption from taxation

c. 161A, § 24. Exemption from taxation Section 24. Notwithstanding any general or special law to the contrary, the authority and all its real and personal property shall be exempt from taxation and from betterments and special assessments; and the authority shall not be required to pay any tax, excise or assessment to or for the commonwealth or any of its political subdivisions; nor shall the authority be required to pay any fee or charge for any permit or license, nor any compliance fee, issued to it by the commonwealth, by any department, board or officer thereof, or by any political subdivision of the commonwealth, or by any department, board or officer of such political subdivision, or by any department; and, so far as constitutionally permissible, the authority shall be exempt from tolls for the use of highways, bridges and tunnels. Bonds and notes issued by the authority, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the commonwealth. Notwithstanding section 168 of chapter 175 or any other general or special law to the contrary, the authority shall be exempt from any fees or taxes associated with surplus lines insurance; provided, however, that the exemption shall extend to any insurance broker for any insurance premium tax or surplus lines tax being incurred or having been incurred by the insurance broker as a result of the insurance having been procured, placed, negotiated, continued or renewed for or on behalf of the authority. Real property of the authority shall, if leased, used, or occupied in connection with a business conducted for profit shall, for the privilege of such lease, use or occupancy be valued, classified, assessed and taxed annually as of January 1 to the lessee, user, or occupant in the same manner and to the same extent as if such lessee, user, or occupant were the owner thereof in full. No tax assessed under this section shall be a lien upon the real estate with respect to which it is assessed; nor shall any tax be enforced by any sale or taking of such real estate; but the interest of any lessee therein may be sold or taken by the collector of the town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Notwithstanding the previous sentence, such collector may utilize all other remedies provided by chapter 60 for the collection of annual taxes upon real estate and for the collection of taxes assessed under this section.

M.G.L. c. 161A, § 25 Directors; authority to bargain collectively with labor organizations; restrictions

c. 161A, § 25. Directors; authority to bargain collectively with labor organizations; restrictions Section 25. The directors shall have authority to bargain collectively with labor organizations representing employees of the authority and to enter into agreements, with such organizations relative to wages, salaries, hours, working conditions, the assignment of work schedules and work locations on the basis of seniority, including: (a) hours of work each day and days worked each week; provided, however, that a change in such assignment shall not provide for a change in classification; and (b) the filling of vacancies by promotion or transfer of qualified applicants on the basis of seniority, health benefits, pensions and retirement allowances of such employees; provided, however, that the directors shall have no authority to bargain collectively and shall have no authority to enter into collective bargaining agreements with respect to matters of inherent management right which shall include the right: (i) to direct, appoint, and employ officers, agents and employees and to determine the standards therefor; (ii) to discharge or terminate employees subject to the provisions of clauses (a) and (b). (a) No such action to discharge or terminate shall be sustained if, in a proceeding invoked in accordance with the provisions of clause (b), the employee shall establish by a preponderance of the evidence that it was based upon race, sex, color, religion, creed, sexual orientation, age, national origin, handicapping condition, marital status, or political affiliation, or activities or union activities or union organizing of the employees; a reprisal against the employee for disclosure of information by an employee which the employee reasonably believes evidences a violation of any law, rule or regulation or mismanagement, a gross waste of funds, or abuse of authority; a reprisal against any employee for the refusal of any person to engage in political activity. (b) The parties may include in any written agreement a grievance procedure culminating in final and binding arbitration which may be invoked in the event any employee of the authority is aggrieved by any action taken to so discharge or terminate employees; (iii) to plan and determine the levels of service provided by the authority; (iv) to direct, supervise, control, and evaluate the departments, units,and programs of the authority; to classify the various positions of the authority and ascribe duties and standards of productivity therefor; (v) to develop and determine levels of staffing and training; provided, however, that to the extent that levels of staffing and training have an impact on the safety of authority employees the determination, development and implementation of such levels of staffing and training shall not constitute a matter of inherent management right and the directors shall have the authority to bargain collectively on such subjects with labor organizations representing employees of the authority; and provided further, that such directors and labor organizations may include in any written agreement a grievance procedure culminating in final and binding arbitration before a neutral arbitrator which may be invoked in the event that an employee of the authority to whom such agreement applies is aggrieved by actions taken by authority directors or management respect to the development, determination or implementation of levels of staffing and training which have an impact on the safety of authority employees; (vi) to determine whether goods or services should be made, leased, contracted for, or purchased on either a temporary or permanent basis; (vii) to assign and apportion overtime; (viii) to hire part-time employees. The authority is hereby prohibited from bargaining collectively or entering into any agreement to make pension benefit payments to its employees that are determined in a manner that includes the amount of overtime earnings of said employees. The authority is hereby prohibited from bargaining collectively or entering into a contract which provides for automatic cost-of-living salary adjustments which are based on changes in the consumer price index or other similar adjustments unless specifically authorized by law. Except as provided in sections 28 to 32, inclusive, the employees of the authority shall submit all grievances and disputes pursuant to arbitration provisions in agreement existing at the time of the creation of the authority or subsequently entered into with the authority or, in the absence of such provisions, to the state board of conciliation and arbitration, or other board or body having similar powers and duties. The provisions of general or special laws relative to rates of wages, hours of employment and working conditions of public employees, shall not apply to the authority nor to the employees thereof, but the authority and its employees shall be governed with respect to hours of employment, rates of wages, salaries, hours, working conditions, health benefits, pensions and retirement allowances of its employees by the laws relating to street railway companies.

M.G.L. c. 161A, § 26 State labor relations law; applicability; non-members; limitations of exclusive representative's duty of fair representation; grievances

c. 161A, § 26. State labor relations law; applicability; non-members; limitations of exclusive representative's duty of fair representation; grievances Section 26. Notwithstanding any provisions of law to the contrary, the provisions of section 5 of chapter 150A shall so far as apt apply to the authority and its employees, excepting directors, executives and those confidential employees representing the authority and dealing with employee organizations. Nothing in this section shall be construed as conferring upon the employees of the authority the right to strike, nor as detracting from the obligations of the authority and the employees to submit all grievances and other disputes to arbitration. The exclusive representative may act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership. The exclusive representative may require a non-member to pay for the reasonable costs and fees, including arbitrator fees and related attorney fees, for grieving or arbitrating a matter arising under an agreement negotiated pursuant to this section and brought at the non-member's request. The exclusive representative may require non-members to pay anticipated costs and fees prior to a grievance or arbitration hearing. Failure to pay costs and fees shall relieve the exclusive representative of further responsibility to the non-member regarding the matter. An exclusive representative's duty of fair representation to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of agreements with the authority. The laws of the commonwealth shall not prohibit an employee organization from providing only to its members legal, economic or job-related services or benefits outside of the collective bargaining agreement. An employee may present a grievance to the authority and have the grievance heard without intervention by the exclusive representative of the employee organization representing the employee; provided, however, that the exclusive representative is afforded the opportunity to be present at conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the authority and the exclusive representative.

M.G.L. c. 161A, § 27 Deceased employees; payment of wages to nominated beneficiaries

c. 161A, § 27. Deceased employees; payment of wages to nominated beneficiaries Section 27. Whenever any employee or former employee of the authority dies, and the authority owes his estate any sum or sums by reason of services rendered by him for wages vacation allowances, and neither a duly appointed executor or administrator nor a administrator has made written demand for payment upon the treasurer of the authority and treasurer shall not otherwise have actual notice that proceedings relative to the formal or settlement of such estate have been commenced in any probate court, such sum or sums may, in the discretion of the authority, be paid after the expiration of 30 days from the death of such employee to such person as may have been nominated as beneficiary, on a form approved by the directors and filed with the treasurer by such employee during his lifetime or, if there is no such beneficiary then to the surviving spouse or next of kin of such employee. Payments made as provided in this section shall discharge all liability of the authority to all persons with respect to such sum or sums.

M.G.L. c. 161A, § 28 Submission of dispute over terms of collective bargaining agreement to arbitration

c. 161A, § 28. Submission of dispute over terms of collective bargaining agreement to arbitration Section 28. Notwithstanding the provisions of sections 25 and 26, the authority or any organizations representing employees of the authority shall not be permitted to submit any dispute over the terms of a collective bargaining agreement to arbitration except in accordance with sections 28 through 32, inclusive; provided, however, that this section shall not limit the rights of organizations representing employees of the authority to submit grievances to arbitration in accordance with the collective bargaining agreement between the parties.

M.G.L. c. 161A, § 29 Mediation; report; selection of arbitrator

c. 161A, § 29. Mediation; report; selection of arbitrator Section 29. In the event the directors and any organizations representing employees of the authority have not reached an agreement within 90 days from the date of the expiration of the agreement, either party may notify the other that it desires mediation. The parties may agree upon a person to serve as a mediator or, if unable to agree on said mediator, either party or the parties acting jointly may petition the board of conciliation and arbitration to appoint a mediator from a list of qualified persons maintained by the board. After a reasonable period of mediation, not to exceed 45 days from the date of appointment, said mediator shall issue a report indicating the results of his services in resolving the impasse. If at the conclusion of mediation the impasse still exists, the mediator shall so certify. In the event, the mediator shall certify in his report the last best offer of each party on each unresolved issue which has been submitted to mediation and shall also certify the agreement of the parties on each issue on which agreement has been reached and shall submit such certifications to the arbitrator selected by the parties. In such event, so long as the mediator shall also certify that the parties have bargained in good faith, either party may notify the other that it desires arbitration of the dispute. Within 10 days of said notice, the parties shall meet to select a single neutral arbitrator. If, within 15 days, the parties fail to select such single arbitrator, either party may forthwith petition the board of conciliation and arbitration to request a list of five arbitrators from the American Arbitration Association and said Association shall certify to the board that such arbitrators on the list it provides possess the qualifications as provided in section 30. The parties shall thereupon meet to select such arbitrator by striking one name each until one name remains and that person shall serve as the neutral arbitrator. If, after 10 days, one of the parties declines to strike their names, the other party shall strike two names and the board shall forthwith select the arbitrator from the remaining three names.

M.G.L. c. 161A, § 30 Arbitrator; requirements

c. 161A, § 30. Arbitrator; requirements Section 30. The single arbitrator, whether agreed upon by the parties or selected by the board of conciliation and arbitration, shall be a legal resident of the commonwealth and shall be experienced in state and local finance.

M.G.L. c. 161A, § 31 Factors for determining arbitration awards

c. 161A, § 31. Factors for determining arbitration awards Section 31. The arbitrator shall rely primarily on the following factors in determining the basis for an award: (a) The financial ability of the authority to meet additional costs, which shall include but not be limited to: (i) the statutory requirement that the authority produce revenues in excess of expenses; (ii) the financial ability of the individual communities and the commonwealth to meet additional costs; (iii) the average per capita tax burden, average annual income and sources of revenue within the commonwealth, and the effect of any arbitration award on the respective property tax rates of the cities and towns within the authority's district. (b) The overall compensation presently received by the employees, having regard not only for wages for time actually worked but also for wages for time not worked, including vacations, holidays and other excused time. (c) All benefits received by the employees, including insurance, pension, as well as the continuity and stability of employment. (d) The hazards of employment, physical, educational and mental qualifications, job training and skills involved. (e) A comparison of wages, hours, and conditions of employment of the employees involved in the arbitration proceedings with the wages, hours and conditions of employment of other employees performing similar services within the commonwealth and with other employees generally in public and private employment within the commonwealth. (f) The average consumer price for goods and services, commonly known as the cost of living. (g) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings. (h) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between parties, in the public service of the commonwealth, and which are not precluded from bargaining under section 25. (i) The stipulation of the parties.

M.G.L. c. 161A, § 32 Arbitration awards; written opinions

c. 161A, § 32. Arbitration awards; written opinions Section 32. The arbitrator shall be limited in making his award to choosing between the last best offers of the parties on each issue as certified in the mediator's report or any award in the range between the last best offers of the parties. The arbitrator shall make no award on any issue found by him to be not authorized by law to be submitted to arbitration, but shall state such finding in his written opinion. Within 30 calendar days of an award, the arbitrator shall issue a written opinion inclusive of an analysis of all statutory factors applicable to the proceedings. Any determination by the arbitrator, if supported by material and substantial evidence on the record, shall be binding upon the parties and upon the appropriate legislative or appropriating body and may be enforced at the insistence of either party or by the arbitrator in the superior court. The scope of arbitration shall be limited to wages, hours, and conditions of employment and shall not include any provisions for any cost of living adjustment which are based on changes in the consumer price index after the expiration of the contract period covered by the award. In addition, any wage or salary adjustments shall be expressed in percent or dollar amounts, and in no case shall there be any provision for salary adjustments to occur after the expiration of the contract period covered by the award. The cost, if any, of the mediation and of arbitration proceedings exclusive of the expenses of the individual parties provided for under sections 28 to 32, inclusive, shall be divided equally by the parties and shall be in accordance with a schedule of payments established by the American Arbitration Association.

M.G.L. c. 161A, § 33 Employee deferred compensation program

c. 161A, § 33. Employee deferred compensation program Section 33. The treasurer of the authority, on behalf of the authority, may contract with an employee to defer a portion of that employee's compensation and may, for the purposes of funding a deferred compensation program for said employee, established in accordance with the U.S. Internal Revenue Code, hereinafter referred to as the Code, invest the deferred portion of the employee's income in a life insurance or annuity contract, mutual fund, or a bank investment trust. The treasurer shall, before making any such investment, solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter 175, mutual fund managers, and banks, which bids shall be sealed, and opened at a time and place designated by the treasurer. Any bid submitted by an insurance company, mutual fund, or bank investment trust to fund the deferred compensation program shall, where applicable, clearly indicate the interest rate which shall be paid on the deferred funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, mortality projections, expected payouts, tax implications for participating employees and such other information as the treasurer may require. Any contract entered into between an employee and the authority pursuant to this section shall include all such information in terms the employee can reasonably be expected to understand. As used in this section the word ''employee'' shall have the same meaning as ''employee'' in section 1 of chapter 32 and shall also include consultants and independent contractors who are natural persons paid by the authority and any person whose regular duties require that his time be devoted to the service of the authority during regular business hours. Notwithstanding any provisions to the contrary, the treasurer shall not be required to solicit bids to invest the deferred portion of an employee's income provided: (a) the treasurer elects to invest such funds in the same investment products as provided through the deferred compensation plan for employees of the commonwealth administered by the state treasurer, provided such plan resulted from the solicitation of bids in accordance with bidding requirements comparable to those required under this section, or (b) the treasurer elects to invest such funds in the investment products offered pursuant to a deferred compensation plan developed through a competitive selection process, provided that such plan resulted from the solicitation of bids by a group of any combination of three or more city, town, county or public authority treasurers acting as a ''common group'' for purposes of soliciting such proposals in accordance with bidding requirements comparable to those required under this section. An employee may defer compensation so long as such deferral is the lesser of $7,500 or 33.33 per cent of his includible compensation for a taxable year, except that for one or more of the last three taxable years ending before he attains normal retirement age under the plan the employee may defer the lesser of $15,000 or the sum of (1) $7,500 or 33.33 per cent of his includible compensation for such year, plus (2) a sum not more than the total deferrable compensation for prior taxable years that had not in fact been deferred in such years. Such deferred compensation program shall be in addition to and not a part of the retirement program or pension system as provided under said chapter 32 and any other benefit program provided by law for such employee. Any compensation deferred under such a plan shall continue to be included as regular compensation, as defined in section 1 of said chapter 32, for the purpose of computing the retirement and pension benefits earned by any such employee, but any compensation so deferred shall not be included in the computation of any taxes withheld on behalf of such employee.

M.G.L. c. 161A, § 34 IRA plan; employee contributions

c. 161A, § 34. IRA plan; employee contributions Section 34. (a) The treasurer of the authority, on behalf of the authority, may contract with an employee to make contributions for and in the name of such employee, from amounts otherwise payable to the employee as current compensation, to an individual retirement account, hereinafter referred to as the IRA, by such employee established in accordance with the Code. The participating employee may invest that portion of his income so contributed to an IRA in an annuity contract, mutual fund, bank investment trust or other investment authorized by the Code. Before making such deduction, the treasurer shall be required to solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter 175, mutual fund managers, and banks which bids shall be sealed, and opened at a time and place designated by the treasurer. Any bid submitted by an insurance company, mutual fund, or bank investment trust seeking investment of the IRA contribution shall, where applicable, clearly indicate the interest rate which shall be paid on the invested funds, any commissions which will be paid to the salesmen, any load imposed for the purpose of administering the funds, expected payouts, tax implications for participating employees and such other information as the treasurer may require. Upon the treasurer's determining which provider offers the product or products most beneficial to the employee in each category for which bids were solicited, the treasurer may offer such employee the opportunity to establish an IRA with one or more such providers. The employee who wishes to invest his IRA funds with any such provider, or combination of providers, may authorize the treasurer to deduct from amounts otherwise payable to the employee, at one time or on a periodic basis, amounts to be paid into the employee's IRA. If the employee so elects, the treasurer shall pay to the providers the amount designated by the employee, in the name of the employee, to the employee's IRA. Amounts so paid to the providers for the employee's IRA account shall belong exclusively to the employee. Except as otherwise provided herein, the treasurer may restrict an employee's right to contract to have contributions made to an IRA through deductions and payments by the treasurer, to those providers selected as the result of the competitive bidding process outlined herein, but the authority conferred upon the treasurer shall not be construed to restrict or limit the right of any employee to establish one or more IRAs with such banks, insurance companies, or similar authorized institutions as the employee may choose in any manner other than through an authorized deduction by the treasurer of a portion of the employees compensation as outlined herein. Any contract entered into between an employee and the authority pursuant to this section shall include all information in terms the employee can reasonably be expected to understand. (b) As used in this section the word ''employee'' shall have the same meaning as ''employee'' in section 1 of chapter 32 and shall also include consultants and independent contractors who are natural persons paid by the authority and any person whose regular duties require that his time be devoted to the service of the authority during regular business hours. (c) An employee may contribute a portion of his compensation to an IRA under the program outlined herein so long as such contribution, for an employee who is single, is the lesser of $2,000 or 100 per cent of his compensation for a taxable year, and, for an employee who is married, the contribution is the lesser of $2,250 or 100 per cent of his compensation for a taxable year. If an employee has any compensation deferred under a deferred compensation plan for employees of the authority, if one is established by the treasurer under section 33, then the aggregate amount of such deferred compensation deduction and amounts contributed to such employee's IRA shall not exceed the limits imposed upon such combined deduction and contribution by the Code. (d) Notwithstanding any provisions herein to the contrary, the treasurer shall not be required to solicit bids to invest the contributed portion of an employee's income into the employee's IRA provided: (i) the treasurer is authorized by the employee to pay that portion of the employee's compensation into the employee's IRA in the same investment products as provided through a deferred compensation or IRA plan for employees of the commonwealth administered by the state treasurer, or a deferred compensation plan for employees of the authority administered by the treasurer, provided such plan resulted from the solicitation of bids in accordance with bidding requirements comparable to those required under this section; or (ii) the treasurer is authorized by the employee to pay that portion of the employee's compensation into the employee's IRA in the investment products offered pursuant to a deferred compensation or IRA plan developed through a competitive selection process, provided that such plan or program resulted from the solicitation of bids by a group of any combination of three or more city, town, county or public authority treasurers acting as a common group for purposes of soliciting such proposals in accordance with bidding requirements comparable to those required under this section. (e) Such IRA plan shall be in addition to and not a part of the retirement program or pension system as provided under chapter 32 and any other benefit program provided by law for such employee. Any compensation contributed by the employee to his IRA under such a plan shall continue to be included as regular compensation, as defined in section 1 of said chapter 32, for the purpose of computing the retirement and pension benefits earned by any such employee, but any compensation so contributed shall not be included in the computation of federal taxes but shall be included in the computation of state taxes withheld on behalf of any such employee.

M.G.L. c. 161A, § 35 Plans for group, general or blanket hospital, medical, dental or other health insurance; employee share of monthly premium; retirees under the age of 65

c. 161A, § 35. Plans for group, general or blanket hospital, medical, dental or other health insurance; employee share of monthly premium; retirees under the age of 65 Section 35. Notwithstanding any general or special law to the contrary, the authority's percentage share of premiums for group, general or blanket hospital, medical, dental or other health insurance, either by purchase of a policy or policies from one or more insurance companies, or nonprofit hospital, medical, dental or other service corporations, including health maintenance organizations, or by means of a self insurance plan or preferred provider arrangement plan, shall be determined by the authority or, where collective bargaining is authorized, through the process of collective bargaining. The percentage share of premiums for employees of the authority to whom a collective bargaining agreement is in force, shall be the percentage share which was paid during the month that such collective bargaining agreement first went into effect and shall continue until such time as that agreement expires. Notwithstanding any general or special law to the contrary, a retiree under the age of 65, in a plan for group, general or blanket hospital, medical, dental or other health insurance, either by purchase of a policy from an insurance company, or nonprofit hospital, medical, dental or other service corporation, including a health maintenance organization, or by means of a self-insurance plan or preferred provider arrangement plan of the authority, shall contribute to the total monthly premium or rate applicable to that coverage an amount which shall be not less than the current retiree share of the monthly premium or rate established as a percentage for retirees from the service of the commonwealth.

M.G.L. c. 161A, § 36 Retired members or deceased members of retirement system; compensation for work related injury; effect on retirement allowances, pensions, etc.

c. 161A, § 36. Retired members or deceased members of retirement system; compensation for work related injury; effect on retirement allowances, pensions, etc. Section 36. All sums of money payable under the provisions of sections 31, 34, 34A, 35 and 35A of chapter 152 directly to a retired member of the Massachusetts Bay Transportation Authority retirement system or to the legal representative or dependents of a deceased member on account of his death, including so much of the amount of any lump sum settlement payable under the provisions of such sections directly to any such persons as is allocable to the period following the retirement or death of such member, but excluding any payments for or amounts allocable to any period to the date his retirement allowance became effective, shall be offset against and payable in lieu of any pension payable on his account by reason of the same injury, but not against his accumulated total deductions or any annuity derived therefrom. If any such pension exceeds the compensation payable on account of such member under such provisions of chapter 152 when both are reduced to the same periodical basis, the excess only shall be paid as a pension so long as such compensation continues. If any such pension is less than or equal to such compensation, no pension shall be paid so long as such compensation continues to be equal to or greater than such pension. In all cases where a member or a beneficiary receives delayed compensation payments or an amount of any lump sum settlement payable directly to him under the provisions of sections 31, 34, 34A, 35 or 35A of chapter 152 subsequent to his receipt of payments under any pension granted under the provisions of the Massachusetts Bay Transportation Authority retirement system by reason of the same injury, no further pension payments shall be made unless and until such time as the total amounts which by then would have been payable as compensation and pension together, if there had been no delay in making such compensation payments, shall exceed the total amounts of compensation and pension actually paid by them after due allowance in either case for the allocation of any such lump sum settlement. If a member or a beneficiary entitled to a pension under the provisions of the Massachusetts Bay Transportation Authority retirement system, and also having a right to compensation under the provisions of chapter 152 by reason of the same injury or death of such member, as the case may be, neglects or fails to prosecute fully such right or to cooperate with the Massachusetts Bay Transportation Authority retirement system in its prosecution thereof, as provided for by the provisions of section 73 of such chapter, said board may, during the period of such neglect or failure, suspend such member's or beneficiary's right to further payment. Under the circumstances set forth in the said section 73, the duty of the board to prosecute shall be mandatory.

M.G.L. c. 161A, § 37 Proclamation of state of emergency; powers of Governor; operation of facilities

c. 161A, § 37. Proclamation of state of emergency; powers of Governor; operation of facilities Section 37. Notwithstanding any contrary provision of law, whenever there exists a continued interruption, stoppage or slowdown of transportation of passengers on any vehicle or line of the authority or a strike causing the same, and which is in violation of an injunction, a temporary injunction, a restraining order, or other order of a court of competent jurisdiction, and which threatens the availability of essential services of transportation to such an extent as to endanger the health, safety or welfare of the community, the governor may declare that an emergency exists. During such emergency he may take possession of, and operate in whole or in part, the lines and facilities of the authority in order to safeguard the public health, safety and welfare. Such power and authority may be exercised through any department or agency of the commonwealth or through any person or persons and with the assistance of such public or private instrumentalities as may be designated by him. Such lines and facilities shall be operated for the account of the authority. The powers hereby granted to the governor shall expire 45 days after his proclamation that a state of emergency exists.

M.G.L. c. 161A, § 38 Liability; board supervision of investigation, settlement and defense of all claims

c. 161A, § 38. Liability; board supervision of investigation, settlement and defense of all claims Section 38. The authority shall be liable for the acts and negligence of the directors on the board and of the servants and employees of the authority in the management and operation of the authority and of the properties owned, leased and operated by it, but the directors shall not be personally liable except for malfeasance in office. The board shall have charge of and supervise the investigation, settlement and defense of all such claims and of all other suits or actions relating to the property or arising out of the construction, maintenance or operation of the authority.

M.G.L. c. 161A, § 39 Regulatory powers and duties in conflict with regulatory powers and duties of department of telecommunications and energy

c. 161A, § 39. Regulatory powers and duties in conflict with regulatory powers and duties of department of telecommunications and energy Section 39. In the event of any conflict between the regulatory powers and duties of the department of telecommunications and energy and the regulatory powers and duties of the authority within its area, the department of telecommunications and energy shall resolve such dispute and exercise such powers as it deems required in the particular instance.

M.G.L. c. 161A, § 40 Electric utility services; procurement

c. 161A, § 40. Electric utility services; procurement Section 40. The authority shall have the power to procure electric utility services, including the purchase, generation, transmission, transformation and distribution of the supplies of electricity necessary to operate its mass transportation facilities and equipment, at the lowest reasonable cost consistent with the provision of public transportation services in an efficient, reliable and economic manner. In procuring such electric utility services, the authority may solicit offers and proposals to provide such electric utility services from owners or operators, including the New England power pool, of facilities that generate, transmit, transform, or distribute electric power and energy, and shall take into consideration factors relating to the public interest, including but not limited to the following: (a) the lowest prices that may be offered by responsible bidders, including electric companies, municipal lighting plants, political subdivisions, and alternate energy producers as defined in chapter 164; (b) the demonstrated ability of any prospective supplier of electric utility services to provide reliable and continuous service and stability of price; and (c) consistency with the environmental and conservation goals of the commonwealth; provided, however, the authority must fulfill all obligations of contracts and agreements lawfully entered into and now in force.

M.G.L. c. 161A, § 41 Electric utility business; public interest factors

c. 161A, § 41. Electric utility business; public interest factors Section 41. The authority shall have the power to engage in electric utility business which shall include the generation, transformation, transmission and distribution of electricity for public consumption of electricity used in connection with the mass movement of persons. The authority shall be classified as a domestic electric utility pursuant to chapter 164A solely for the purpose of purchasing electricity and becoming a member of the New England power pool. The authority may exercise any of its rights and powers under chapter 161A necessary or convenient to carry out and effectuate the purpose of providing light, heat and power in connection with the mass movement of persons. In addition, the authority shall have the following powers: (a) to purchase electric power and energy, including, without limiting the generality of the foregoing, all or a portion of the capacity and output of one or more specific electric power facilities, and steam whether or not produced by an electric power facility; (b) to purchase electric power and energy and other products of electric power facilities from other utilities, public and private, within and without the commonwealth, political subdivisions; provided, however, that nothing in this section shall be construed to authorize resale of electric power and energy so purchased except as otherwise authorized by law; (c) to contract for the use of transmission and distribution facilities owned by others for the delivery to the authority, and any such owner is hereby authorized to enter into such contracts with the corporation; (d) to contract with respect to the purchase, sale, delivery, exchange, interchange, wheeling, pooling, transmission or use of electric power and energy and to otherwise participate in the New England power pool, as defined by section 1 of chapter 164A; and (e) to do all things necessary, convenient or desirable to carry out the purposes of providing electricity in connection with the mass movement of persons or powers expressly granted or necessarily implied in this chapter.

M.G.L. c. 161A, § 42 Notice of violation of public smoking law; fine; arrest

c. 161A, § 42. Notice of violation of public smoking law; fine; arrest Section 42. An officer of the authority may forthwith give to a person who violates the provisions of section 43A of chapter 272 a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours, not later than 21 days after the date of such violation. Such notice shall be signed by the officer and shall be signed by the offender in acknowledgment that the notice has been received. The officer shall deliver to the offender at the time and place of the violation a copy of said notice. Whenever it is not possible to deliver a copy of said notice to the offender at the time and place of the violation, said copy shall be mailed or delivered by the officer or by his commanding officer to the offender's last known address, within five days of the offense, exclusive of Sundays and legal holidays. Such notice mailed by the officer, his commanding officer, or the person so authorized to the last address of said offender shall be deemed a sufficient notice, and a certificate of the officer or person so mailing such notice that it has been mailed in accordance with this section shall be deemed prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. At or before the completion of each tour of duty, the officer shall give his commanding officer those copies of each notice of such violation he has taken cognizance of during such tour which have not already been delivered or mailed by him as aforesaid. Said commanding officer shall retain and safely preserve one of such copies and shall, at a time not later than the next court day after said delivery or mailing, deliver another of such copies to the clerk of the court before whom the offender has been notified to appear. The clerk of each district court shall maintain a separate docket of all such notices to appear. Any person so notified to appear before the clerk of a district court may appear before such clerk and confess the offense charged, either personally or through an agent duly authorized in writing, or by mail to such clerk, with the notice, and the sum of $25, such payment to be made only by postal note, money order, or check. Payment of such sum shall operate as a final disposition of the case. Proceedings under this paragraph shall not be criminal and no person notified to appear before the clerk of a district court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records. If any person notified to appear before the clerk of the district court fails to appear and pay the fine provided hereunder or, having appeared desires not to avail himself of the procedure hereinbefore provided for the non-criminal disposition of the case, the clerk shall notify the officer concerned, who shall forthwith make a criminal complaint. If any person fails to appear in accordance with the summons issued upon such complaint, the clerk shall send such person, by certified mail, return receipt requested, a notice that the complaint is pending and that if the person fails to appear within 21 days from the sending of such notice, the court shall issue a warrant for his arrest. If a person fails to appear within 21 days from the sending of such notice, the court shall issue a warrant for his arrest. If, after an officer delivers a notice to an offender, the offender continues to violate said section 43A of said chapter 272, an officer of the authority may arrest such offender without a warrant. Any offender arrested under this section shall be subject to the fines and penalties provided under the provisions of said section 43A of said chapter 272.

M.G.L. c. 161A, § 43 Liability policy for passenger rail services

c. 161A, § 43. Liability policy for passenger rail services Section 43. Agreements between the authority or the Massachusetts Department of Transportation, or both, and a railroad for the provision of passenger rail services, or the operation or accommodation of passenger rail services provided by or on behalf of the authority or the Massachusetts Department of Transportation, or both, and freight rail services on or about the same rail corridor, shall provide that the authority or the Massachusetts Department of Transportation, as applicable, shall, on such properties and during such periods as such rail passenger services are provided or offered, secure and maintain a liability insurance policy covering the liability of the authority or the Massachusetts Department of Transportation, or both, as applicable, and the railroad, for property damage, personal injury, bodily injury and death arising out of the provision or operation or accommodation of such passenger rail services. Such policy shall name the authority or the Massachusetts Department of Transportation, or both, as applicable, as the named insured and the railroad as either a named insured or an additional insured and shall have policy limits of $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually. In no event shall the authority, the Massachusetts Department of Transportation or the railroad be liable in excess of $75,000,000 for all claims for damage, whether compensatory or punitive, for property damage, personal injury, bodily injury and death arising out of the provision, operation or accommodation of such passenger rail services. For the purposes of this section the following words shall have the following meanings unless the context clearly requires otherwise: ''Freight rail services'', all services performed in connection with the transportation of freight including, but not limited to, the operation of trains, trackage and equipment and the construction, reconstruction or maintenance of railroad equipment, tracks and any appurtenant facilities or the provision of trackage rights. ''Operation or accommodation of passenger rail services'', the performance of freight rail services upon properties where freight rail services and rail passenger services are provided or offered. ''Passenger rail services'', all services performed in connection with the transportation of rail passengers including, but not limited to, the operation of trains, trackage and equipment, and the construction, reconstruction, maintenance and operation of railroad equipment, tracks, stations and any appurtenant facilities or the provision of trackage rights. ''Railroad'', a person, railroad corporation or other legal entity in the business of providing rail transportation of passengers or freight; provided, however, that ''railroad'' shall not include a ''tourist railroad'' as defined in section 234 of chapter 160.

M.G.L. c. 161A, § 44 Entry onto lands, waters and premises for purpose of making surveys, soundings, test pits, borings, drillings or examinations; notice; reimbursement for damage

c. 161A, § 44. Entry onto lands, waters and premises for purpose of making surveys, soundings, test pits, borings, drillings or examinations; notice; reimbursement for damage Section 44. Whenever the authority deems it necessary to make surveys, soundings, test pits, borings, drillings or examinations to obtain information for or to expedite the construction of public transportation facilities or other projects under its jurisdiction, said authority, or its authorized agents or employees may, after 30 days notice by registered or certified mail and without the necessity of any judicial orders or other legal proceedings, enter upon any lands, waters and premises, not including buildings, in the commonwealth, including lands both publicly and privately owned, including land owned by railroad corporations, for the purpose of making such surveys, soundings, test pits, borings, drillings or examinations as it may deem necessary or convenient for the purposes of this section, and the entry shall not be deemed to be a trespass. Said authority shall make reimbursement for any injury or damage to lands resulting from entry caused by any act of its authorized agents or employees and shall, so far as possible, restore such lands to the same condition as prior to the making of such surveys, soundings, test pits, borings, drillings or examinations.

M.G.L. c. 161A, § 45 Sale of prepaid monthly transit passes

c. 161A, § 45. Sale of prepaid monthly transit passes Section 45. Any bank, as defined in section 1 of chapter 167, or any credit union, as defined in section 1 of chapter 171, is hereby authorized, subject to agreement entered into with the authority, or any regional transit authority established pursuant to chapter 161B, to sell prepaid monthly passes, authorized by the authority, for use on the facilities of the authority or such regional transit authorities.

M.G.L. c. 161A, § 46 Parking of motor vehicles in terminals, stations, garages, yards, shops, parking lots and parking garages owned or operated by authority; posted bus stops operated by authority; rules and regulations

c. 161A, § 46. Parking of motor vehicles in terminals, stations, garages, yards, shops, parking lots and parking garages owned or operated by authority; posted bus stops operated by authority; rules and regulations Section 46. The directors may promulgate rules and regulations pertaining to the parking of motor vehicles in any terminals, stations, garages, yards, shops, parking lots, or parking garages owned or operated by the authority, but specifically excluding any streets, ways, highways, roads and parkways, except as provided in this section. The authority may, by a vote of the directors, adopt the provisions of section 20A of chapter 90; provided, however, that the directors establish rules and regulations creating regional districts throughout the authority consisting of contiguous cities or towns within which the parking clerk shall regularly conduct hearings. The authority may promulgate rules and regulations concerning any posted authority bus stops and designated bus lanes throughout the authority service area. The authority, in consultation with the registry of motor vehicles, shall develop a uniform citation for the violation of parking a motor vehicle within a posted authority bus stop and all such citations issued by the authority shall be processed by the authority and the revenue generated from those citations shall be distributed equally between the authority and the municipality in which the citation was issued. Nothing in this section shall impair a municipality's authority to issue citations for parking in a posted bus stop within that municipality. All citations for parking in a posted bus stop issued by a municipality shall be processed by the municipality and the municipality shall retain all the revenue generated by the citations. Not more than 1 citation shall be issued to the same vehicle for parking in a posted bus stop within a 24–hour period. If a Massachusetts Bay Transportation Authority police officer tows a vehicle, the tow shall be completed in a manner consistent with the towing policies and procedures of the municipality in which the illegally parked vehicle is located.

M.G.L. c. 161A, § 47 Cities, towns and other communities; contracts with private bus carriers for local service

c. 161A, § 47. Cities, towns and other communities; contracts with private bus carriers for local service Section 47. Any of the 51 cities and towns and other served communities may for the purpose of providing local bus service enter into agreements with any person lawfully authorized to operate any motor bus on any public way therein for the carrying of passengers for hire. Said city, town or community shall have the same powers and duties in respect to such private bus carriers as are provided by law for the department of telecommunications and energy, except as to safety of equipment and operations, schedules, and routes not being, however, considered safety of equipment and operations for purposes of this paragraph; provided that the authority shall be notified of the establishment of any such contract local service, but shall not have control or jurisdiction over said service.

M.G.L. c. 161A, § 48 Regional transit authority; control of services, operations, finances, facilities or related appurtenances

c. 161A, § 48. Regional transit authority; control of services, operations, finances, facilities or related appurtenances Section 48. Nothing in this chapter shall be construed to transfer or grant control of transportation services, operations, finances, facilities or related appurtenances of any regional transit authority established pursuant to chapter 161B to the Massachusetts Bay Transportation Authority or otherwise limit the authority granted to such regional transit authority pursuant to said chapter 161B.

M.G.L. c. 161A, § 49 Applicability of chapter 258 to certain agreements between authority and freight railroads

c. 161A, § 49. Applicability of chapter 258 to certain agreements between authority and freight railroads Section 49. Any provision of any agreement in effect as of June 24, 2009 between the authority and a freight railroad including, but not limited to, provisions relating to the liability of, or contribution or indemnity by, the authority, shall be interpreted pursuant to chapter 258 as in effect on June 24, 2009, notwithstanding the date of the incident giving rise to the interpretation of any such provision. For the purposes of this section, ''freight railroad'' shall include a person, railroad corporation and any other legal entity in the business of providing freight rail transportation.

M.G.L. c. 161A, § 50 Retirement information to be made available for all current, former and future Massachusetts Bay Transportation Authority employees and retirees

c. 161A, § 50. Retirement information to be made available for all current, former and future Massachusetts Bay Transportation Authority employees and retirees Section 50. The Massachusetts Bay Transportation Authority, or its successor, shall make available retirement information, for all current, former and future Massachusetts Bay Transportation Authority employees and retirees, which includes total annual and monthly pension benefit contributions, in an electronically searchable and aggregate format in accordance with chapter 66 and section 14C of chapter 7. The information shall include name, position, annual salary, monthly and annual pension payment, age and number of years in service for each employee or retiree at retirement.

M.G.L. c. 161A, § 51 Display acknowledging the contributions of Rosa Parks to the civil rights movement on buses operated by Massachusetts Bay Transportation Authority

c. 161A, § 51. Display acknowledging the contributions of Rosa Parks to the civil rights movement on buses operated by Massachusetts Bay Transportation Authority Section 51. Whenever the Massachusetts Bay Transportation Authority operates bus transportation, the authority shall acknowledge the contributions of Rosa Parks to the civil rights movement using a light-emitting diode display or decal in the front left window of the bus, or in a similar manner approved by the authority.

M.G.L. c. 161A, § 52 Rights by prescription or adverse possession in lands held in name of the authority

c. 161A, § 52. Rights by prescription or adverse possession in lands held in name of the authority Section 52. Notwithstanding any general or special law to the contrary, no person shall acquire any rights by prescription or adverse possession in any lands or rights in lands held in the name of the authority, and no person shall accrue any rights by prescription or adverse possession in any such lands or rights in land for the time period during which such lands or rights in land are or were held in the name of the authority.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter161AFetched: 10/20/2026