Bill Text: MA H3247 | 2009-2010 | 186th General Court | Introduced
Bill Title: Merging the Turnpike Authority with the Department of Highways
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 9/15 at 11:00 AM in Hearing Room B1 [H3247 Detail]
Download: Massachusetts-2009-H3247-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Bradley H. Jones, Jr.
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
��������������� Court assembled:
��������������� The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act merging the Massachusetts turnpike authority with the department of highways.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Viriato Manuel deMacedo |
1st Plymouth |
|
Bradley H. Jones, Jr. |
20th Middlesex |
|
George N. Peterson, Jr. |
9th Worcester |
|
Elizabeth Poirier |
14th Bristol |
|
F. Jay Barrows |
1st Bristol |
|
Paul K. Frost |
7th Worcester |
|
Susan Williams Gifford |
2nd Plymouth |
|
Bradford R. Hill |
4th Essex |
|
Jeffrey Davis Perry |
5th Barnstable |
|
Karyn E. Polito |
11th Worcester |
|
Richard J. Ross |
9th Norfolk |
|
Robert S. Hargraves |
1st Middlesex |
|
Daniel K. Webster |
6th Plymouth |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act merging the Massachusetts turnpike authority with the
department of highways.
��������������� Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1.� Chapter 29 of the General Laws, as appearing in the 2006 Official
Edition, is hereby amended by inserting after section 2XXX the following new
section:-
Section 2YYY. There shall be set up on the books of the commonwealth a separate
fund to be known as the Turnpike Efficiency Fund, which shall not contribute to
the calculation of the consolidated net surplus pursuant to section 5C of
chapter 29. There shall be credited to this fund all amounts paid to the
commonwealth by the Massachusetts turnpike authority pursuant to sections 27
and 28 of chapter 81A, and any income derived from the investing of all amounts
credited to the fund. Amounts credited to the fund shall be available for
expenditure, subject to appropriation, by any executive office, department,
agency, board, commission or other authority that enters into an agreement with
the Massachusetts turnpike authority pursuant to section 27 of chapter 81A for
the purpose of fulfilling its obligations under such agreement. Any remaining
amounts credited to the fund shall be applied by the secretary of
administration and finance, subject to appropriation, to make or reimburse: (i)
payments made by the commonwealth during any fiscal year pursuant to any
contract for financial assistance between the commonwealth and the
Massachusetts turnpike authority, which have not yet been fully reimbursed by
said authority pursuant to section 28 of chapter 81A; (ii) payments made by the
commonwealth during any fiscal year with respect to debt service on bonds or
notes of the commonwealth issued to finance any costs of any portion of the
metropolitan highway system, as defined in said chapter 81A; (iii) any other
payments made by the commonwealth during any fiscal year with respect to any
other costs of any portion of the metropolitan highway system, including
without limitation, payments made under the contract between the authority and
the commonwealth authorized under subsection (c) of section 12 of said chapter
81A; (iv) deposits into, the CA/T Open Spaces Maintenance Trust established
pursuant to the authority provided by section 4F of chapter 7; (v) payments to
cities and towns under the local tourism grant program established pursuant to section
18 of chapter 81A; and, (vi) any other payment made by the commonwealth during
any fiscal year for a purpose permitted under Article LXXVIII of the Amendments
to the Constitution.
SECTION 2.� Section 2 of chapter 81A, as most recently amended by section 21 of chapter 140 of the Acts of 2007, is hereby repealed.
SECTION 3.� Section 3 of chapter 81A, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 3 and 4, the definition of �Authority� and inserting in place thereof the following:-
�Authority�, the secretary of transportation and public works.
SECTION 4. Subsection (b) of section 5 of said chapter 81A, as so appearing, is hereby amended by striking out clause (ii) and inserting in place thereof the following clause:- (ii) to refund or otherwise pay any or all other debt or obligations of the authority relating to the turnpike, provided that any refunding notes or bonds shall not have a final maturity date later than the final maturity date of the debt or obligations being refunded;
SECTION 5.
Said chapter 81A, as so appearing, is hereby amended by striking
sections 27 to 31,� inclusive, and inserting in place thereof the following
sections:-
Section 27. Notwithstanding the provisions of any other general or special law
to the contrary, the highway department is hereby authorized and shall enter
into an agreement with the authority (i) in order for the highway department to
exercise or fulfill, on behalf of the authority, any of the powers, obligations
or responsibilities of the authority under this chapter, and (ii) in connection
with entering into the contract described in section 28 and in exchange for the
payments to be made by the commonwealth thereunder, to permit the highway
department to use any property of the authority in order to fulfill such
powers, obligations and responsibilities and, to the extent not inconsistent
with the provisions of any agreements pertaining to notes or bonds of the
authority, for any other purposes of the highway department, provided that with
respect to any period during which any agreement authorized by this section
between the authority and the highway department is in effect, the liability of
the authority for any claim pertaining to any property of the authority that is
subject to such agreement, or otherwise arising out of the subject matter of
such agreement shall be no greater than that of the commonwealth under the
provisions of section 18 of chapter 81 and chapter 258.
Notwithstanding the provisions of any other
general or special law to the contrary, other executive offices, departments,
agencies, boards, commissions and authorities are each hereby authorized to
enter into any agreement with the authority deemed necessary or desirable by
the authority and such executive office, department, agency, board, commission
or other authority in order for such executive office, department, agency,
board, commission or other authority to exercise or fulfill, on behalf of the
authority, any of the powers, obligations or responsibilities of the authority
under this chapter. All payments made by the authority under the agreements
authorized by this section shall be credited upon receipt to the fund
established pursuant to section 2YYY of chapter 29 and applied in accordance
with said section. With respect to any period during which any such agreement
authorized by this section between the authority and such executive office,
department, agency, board, commission or other authority is in effect, the
liability of the authority for any claim pertaining to any property of the
authority that is subject to such agreement, or otherwise arising out of the
subject matter of any such agreement, shall be no greater than that of the
commonwealth under the provisions of section 18 of chapter 81 and chapter 258.
Section 28. The secretary of administration and finance, on behalf of the
commonwealth, shall enter into a contract with the authority prior to July 1,
2009, providing for payments from the commonwealth to the authority during each
fiscal year equal to the aggregate amount of the debt service accruing or
payable by the authority during such fiscal year on all notes and bonds of the
authority, whenever issued, and amounts, if any, accruing or payable during
each fiscal year under all interest rate hedge or option or similar agreements
in effect as of December 31, 2008, and related to or entered into by the
authority with respect to notes and bonds of the authority outstanding as of
such date, minus any amounts paid by the commonwealth to the authority during
such fiscal year pursuant to the contract entered into by the authority and the
commonwealth pursuant to subsection (c) of section 12 and minus other amounts
available to pay such debt service in accordance with the terms of such bonds
and notes and interest rate hedge or option or similar agreements, all as
certified by the authority. The term of such contract shall extend until the
end of the fiscal year in which all such notes and bonds and interest rate
hedge or option or similar agreements are fully paid or payment provided for in
accordance with their terms. The contract shall specify when payments shall be
made by the commonwealth and shall further provide that, as of the last day of
each month in which the commonwealth makes a payment to the authority pursuant
to said contract, the authority shall reimburse the commonwealth for the amount
of such payment from any available metropolitan highway system revenues,
turnpike revenues or any other funds of the authority. The contract shall
further provide that the authority shall pay to the commonwealth all remaining
available metropolitan highway system revenues, turnpike revenues and other
available funds of the authority at the times and in the amounts agreed to from
time to time by the authority and the secretary for administration and finance
or otherwise as specified in the contract. All amounts paid by the authority to
the commonwealth pursuant to said contract shall be credited upon receipt to
the fund established pursuant to section 2YYY of chapter 29 and applied in
accordance with said section. The contract shall contain such other provisions
as the secretary for administration and finance and the authority shall agree,
including, without limitation, provisions limiting any action by the authority
that would materially adversely affect the financial interest of the
commonwealth or actions that would constitute a default under the terms of any
notes and bonds of the authority or interest rate hedge or option or similar
agreement in effect as of December 31, 2008. Amounts paid by the commonwealth
may be treated as revenues by the authority within the meaning of section 6 and
the authority may pledge such contract and the rights of the authority to
receive amounts thereunder as security for the payment of notes and bonds
issued under the provisions of this chapter and any related interest rate hedge
or option or similar agreements. Such contract shall constitute a general
obligation of the commonwealth for which the faith and credit of the
commonwealth shall be pledged for the benefit of the authority and of the
holders of any notes or bonds of the authority and parties to any interest rate
hedge or option or similar agreements which may be secured by a pledge of such
contract or of amounts to be received by the authority under such contract.
Section 29. This chapter, being necessary for the welfare of the commonwealth
and its inhabitants, shall be liberally construed to effect the purposes
hereof.
SECTION 6. Section 1 of chapter 258 of the General Laws, as so appearing, is hereby amended by inserting after the words "public employee", in line 49, the following:- and including the Massachusetts Turnpike Authority.
SECTION 7. Said section 1 of said chapter 258, as so appearing, is hereby further amended by striking out in lines 51 to 53, inclusive, the words:- "the Massachusetts Turnpike Authority, or any other independent body politic and corporate," and inserting in place thereof the following:- or any other independent body politic and corporate except as set forth herein.
SECTION 8. Notwithstanding the provisions of any general or special law to the contrary, the secretary of the executive office for administration and finance, on behalf of the commonwealth, shall establish the CA/T Open Spaces Maintenance Trust pursuant to the authority granted by section 4F of chapter 7 of the General Laws for the purposes of maintaining the open spaces, so-called, created by the Central Artery/Tunnel Project.
SECTION 9. Notwithstanding the provisions of subsection (b) of section 12 of chapter 81A of the General Laws, no further transfer of any facility or portion thereof to the authority pursuant to subsection (b) of section 12 of chapter 81A shall be required on or after the effective date of this act.
SECTION 10.� Sections 2 and 3 shall take effect on January 1, 2010.
