Chapter 6C

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Board'', the board of directors of the Massachusetts Department of Transportation established pursuant to section 2. ''Boston extension'',…

Section 10. There shall be within the department an office of transportation planning which shall oversee and administer the planning responsibilities of the office of planning and programming, and which shall be under the supervision and control of the secretary. The secretary s…

Section 11. Every 5 calendar years, beginning not later than April 30, 2010, the secretary of the department shall, after conducting public hearings, prepare and publish in the Massachusetts Register a comprehensive state transportation plan for the 5 succeeding fiscal years, beg…

Section 11A. (a) There shall be a project selection advisory council which shall be charged with developing a uniform project selection criteria to be used in the development of a comprehensive state transportation plan as required by section 11. (b) The council shall consist of …

Section 12. The department shall, subject to the approval and oversight of the executive office of technology services and security, develop and implement a single integrated asset management system to oversee and coordinate the maintenance, preservation, reconstruction and inves…

Section 12A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Council'', the performance and asset management advisory council created under this section. ''Local transportation agency'', the cit…

Section 13. (a) The department may charge and collect and, from time to time, fix and revise tolls for transit over the turnpike and the different parts or sections thereof, subject to such classifications of vehicles and manners of collection as the department determines desirab…

Section 14. The department shall be deemed to be a public agency for purposes of, and shall be subject to, section 39M of chapter 30 and sections 44A to 44H, inclusive, of chapter 149 and shall comply with requirements applicable to an independent public authority for publication…

Section 15. The department shall, for the purposes of compliance with state finance law, operate as a state agency as defined in section 1 of chapter 29 and shall be subject to the provisions applicable to agencies under the control of the governor including, but not limited to, …

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

Section 17. (a) The department may provide by resolution at 1 time or from time to time for the issuance of bonds of the department to refinance the bonds issued prior to July 1, 2009 pursuant to chapter 81A and the financing obligations of the Massachusetts Turnpike Authority re…

Section 18. The office of the attorney general shall appear for the department, its divisions, departments, agencies and officers, but not including the Massachusetts Bay Transportation Authority, the regional transit authorities and the Massachusetts Port Authority and their off…

Section 19. (a) The department may take by eminent domain in accordance with the provisions of chapter 79 or any alternative method now or hereafter provided by general law, any public land and any fee simple absolute or lesser interest in private property or part thereof or righ…

Section 2. (a) There is hereby created a body politic and corporate to be known as the Massachusetts Department of Transportation. The department is hereby constituted a public instrumentality and the exercise by the department of the powers conferred by this chapter shall be con…

Section 20. Except as otherwise provided by law, any sale of real property shall be awarded, after advertisement for bids, to the bidder who is the highest responsible bidder. The department shall have the right to reject all bids and to read-advertise for bids. Before any real p…

Section 21. Notwithstanding chapters 134 and 147, if money, goods or other property which has been abandoned, mislaid or lost on the premises of the department comes into the possession of the department and remains unclaimed for a period of 120 days, the department may sell the …

Section 22. The superior court department of the trial court shall have jurisdiction to enforce rights and duties created by this chapter and, on complaint of the department, may restrain violations of the department's regulations and otherwise enforce by any appropriate remedy i…

Section 23. The department and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the department shall have bonds outstanding without adequate provision for the complete payment or satisfaction thereof.…

Section 24. (a) All local bodies and all public agencies, instrumentalities, commissions and authorities of the commonwealth may undertake activities, programs and projects in conjunction with the department in furtherance of the purposes of this chapter including, without limiti…

Section 25. The secretary, administrators, and directors of the department shall be sworn to the faithful performance of their official duties. The secretary and each administrator, and director shall: conduct themselves in a manner so as to render decisions that are fair and imp…

Section 26. Chapter 12A shall apply to the department.

Section 27. (a) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the commonwealth and for the improvement of their health and living conditions and as the operation and of the department shall constitute the performance …

Section 28. In order to promote transparency, accountability and equity, the Massachusetts Department of Transportation, shall not later than October 31, submit an annual revenue and expenditure report to the house and senate chairs of the joint committee on transportation and th…

Section 29. (a) There shall be within the department an office of planning and programming which shall be under the supervision, direction and control the secretary. The secretary shall be appointed by the governor pursuant to paragraph 2 of section 2. The secretary shall be the …

Section 3. The department shall have all powers necessary or convenient to carry out and effectuate its purposes including, without limiting the generality of the foregoing, the power to: (1) adopt and amend by-laws, regulations and procedures for the governance of its affairs an…

Section 30. (a) The office of planning and programming shall serve as the principal agency of the executive department for the following purposes: (1) developing, coordinating, administering and managing transportation policies, planning and programs related to design, constructi…

Section 31. (a) The secretary may from time to time, subject to appropriation, establish within the office of planning and programming such administrative units as may be necessary for the efficient and economical administration of the office of planning and programming, and when…

Section 32. The secretary shall apply for, accept and expend, subject to appropriation, on behalf of the commonwealth, any gift, loan or grant-in-aid from the federal government, or any agency or instrumentality thereof for demonstration projects and programs as may become availa…

Section 33. There shall be established within the department a healthy transportation compact. The secretary and the secretary of health and human services shall work cooperatively to adopt best practices to increase efficiency to achieve positive health outcomes through the coor…

Section 34. Prior to the final approval of a transportation infrastructure project, including mass transit expansion or the construction of new roadways with a projected capital cost of more than $15,000,000, and prior to expending any funds for the planning, design and construct…

Section 35. The secretary shall annually submit a complete and detailed report of the department's activities within 90 days after the end of the fiscal year to the clerk of the house of representatives, the clerk of the senate, the chairs of the joint committee on transportation…

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

Section 37. There shall be within the department a division of highways, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department's authority over state highways. The division shall be un…

Section 38. The division shall be responsible for the administration and enforcement of chapter 81 and for the administration and management of the state highway system. The division shall: (1) administer the design, construction, reconstruction, repair, rehabilitation, improveme…

Section 39. (a) The administrator may from time to time, subject to the approval of the secretary, establish within the division such administrative units, district or other offices as may be necessary for the efficient and economical administration of the division, and when nece…

Section 4. There shall be established and placed within the department a separate fund to be known as the Massachusetts Transportation Trust Fund which shall be used for financing transportation-related purposes of the Massachusetts Department of Transportation. The secretary sha…

Section 40. The administrator shall establish a procedure for recommending to the secretary approval or disapproval of all contracts, including specifications, made by the division and any changes, alterations, amendments or modifications thereof and for contract appeals of all c…

Section 41. With the approval of the personnel administrator, the administrator may establish in the division a program of engineering internship and may recruit qualified persons to serve in the division as highway engineer interns. Every effort shall be made to recruit qualifie…

Section 42. The administrator may establish a co-operative engineer program and may enter into agreements with colleges of recognized standing within the commonwealth, including colleges which have summer programs, which have established a curriculum leading to a degree of bachel…

Section 43. (a) There shall be within the division a real estate appraisal review board. The board shall consist of not less than 3 nor more than 5 members to be appointed by the governor, 2 of whom shall be certified general real estate appraisers licensed by the board of real e…

Section 44. (a) The division may provide functional replacement of real property in public ownership if the division has acquired such property, in whole or in part, under this chapter or if such property is significantly and adversely affected as a result of the acquisition of p…

Section 46. In addition to any other power the department may have to enter into leases, the department may lease, at 1 time or from time to time, for terms not to exceed 99 years, upon such terms and conditions as the department in its discretion deems advisable, air rights over…

Section 46A. In addition to any other power the department may have to make leases, the department may lease at one time or from time to time for terms not to exceed ninety-nine years, upon such terms and conditions as the department in its discretion deems advisable, land owned …

[There is no 6C:49.]

Section 5. (a) The department shall be organized and shall function as a single state agency for administrative purposes including, but not limited to, for the purposes of the accounting and financial system of the commonwealth. The secretary shall, notwithstanding any general or…

Section 50. (a) The administrator shall establish a regional mobility assistance program to assist cities and towns in geographic regions of the commonwealth with public works improvements and enhancements for transportation-related projects as deemed necessary by the department …

Section 51. As used in sections 52 to 54, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Division'', the Mass Transit division. ''Administrator'', the administrator of transportation for the Mass Transit divisi…

Section 52. There shall be within the department a Mass Transit division, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department's authority over mass transit systems. The division shal…

Section 53. The division shall be responsible for overseeing, coordinating and planning all transit and rail matters throughout the commonwealth. The division shall administer and manage: the freight and rail programs of the department pursuant to chapter 161C and the intercity b…

Section 54. The administrator may from time to time, subject to the approval of the secretary, establish within the division such administrative units as may be necessary for the efficient and economical administration of the division and, when necessary for such purpose, may abo…