Chapter 6C

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

Section 59. There shall be within the department an aeronautics division, which shall perform such functions as the secretary may determine in relation to the administration, implementation and enforcement of the department's authority over aeronautics. The division shall be unde…

Section 6. (a) The secretary shall operate and administer an office of performance management and innovation within the department that shall, without limitation, administer this section. The divisions of the department shall report to the office of performance management and inn…

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

Section 61. The administrator may from time to time, subject to the approval of the secretary, establish within the division such administrative units as may be necessary for the efficient and economical administration of the division and, when necessary for such purpose, may abo…

Section 62. As used in sections 62 to 73, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:— ''Affected jurisdiction'', any city or town, or other unit of government within the commonwealth in which all or part of a t…

Section 63. (a) Notwithstanding any general or special law to the contrary, the board of directors of the department, in conjunction with the special public-private partnership infrastructure oversight commission established in section 73, may solicit proposals and enter into con…

Section 64. (a) The request for proposals shall contain the proposed form of contract or public-private agreement to be executed between the successful offeror and the department upon award, and shall have been approved as to content and form by the special public-private infrast…

Section 65. Upon the end of the term of the public-private agreement or in the event of termination of the public-private agreement, the department and duties of the operator shall cease, except for any duties and obligations that extend beyond the termination as provided in the …

Section 66. (a) Upon the occurrence and during the continuation of a material default by an operator, not caused by an event of force majeure, and upon the failure by the contractor or its financing institution on the contractor's behalf, to cure such material default within 30 d…

Section 67. (a)(1) The department may issue and sell bonds or notes of the department for the purpose of providing funds to carry out sections 62 to 73, inclusive, with respect to the development, financing or operation of a transportation facility or the refunding of any bonds o…

Section 68. (a)(1) The department may accept from the United States or any of its agencies funds that are available to the commonwealth for carrying out sections 62 to 73, inclusive, whether the funds are made available by grant, loan or other financial assistance. (2) The depart…

Section 69. (a) Section 26 shall apply to: (1) a transportation facility; and (2) tangible personal property used exclusively with a transportation facility that is: (A) owned by the department and leased, licensed, financed or otherwise conveyed to an operator; or (B) acquired, …

Section 6A. Notwithstanding any general or special law to the contrary, the goals established by the office of performance management and innovation under subsection (b) of section 6 shall include, but not be limited to: (1) for the division of highways, the reduction of commutin…

Section 7. Unless otherwise required by section 6A of chapter 31 or any other general or special law to the contrary, the secretary shall design and implement a program for performance evaluation of employees. The sole purpose of the program shall be the improvement of the perfor…

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

Section 71. (a) Law enforcement officers of the commonwealth and of an affected local jurisdiction shall have the same powers and jurisdiction within the limits of a transportation facility as they have in their respective areas of jurisdiction and access to the transportation fa…

Section 72. Nothing in sections 62 to 73, inclusive, shall limit any waiver of the sovereign immunity of the commonwealth or any officer or employee of the commonwealth with respect to the participation in or approval of all or any part of the transportation facility or its opera…

Section 73. There shall be established a special public-private partnership infrastructure oversight commission to comment on and approve all requests for proposals for design-build-finance-operate-maintain or design-build-operate-maintain services. The commission shall have 7 me…

Section 74. The department shall require that a contract for the construction, maintenance, repair, reconstruction, improvement or rehabilitation of the metropolitan highway system, the state highway system or the turnpike shall include the repair or rehabilitation of any sign or…

Section 75. Notwithstanding any general or special law to the contrary, the department shall not enter into, renew or renegotiate any contract providing for fuel services on service stations on the turnpike without the contract requiring the fuel provider to provide for the consu…

Section 76. An operator of a state-owned park and ride facility may cause the removal and storage of a motor vehicle that has been left unattended within a state-owned park and ride facility for more than 21 days. The department shall promulgate rules and regulations necessary to…

Section 77. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Adjustment Factor'', the job order contractor's competitively bid numerical adjustment applied to the unit prices included in the contra…

Section 78. The department shall create an anonymized and aggregated database of motor vehicle types and locations. In so doing, the department shall consult with at least 1 member organization of the Massachusetts Association of Regional Planning Agencies and with the department…

Section 79. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Aggregate'', granular materials such as gravel, sand and crushed rock that may be used individually or are combined for a par…

Section 8. All moneys received pursuant to this chapter, whether as proceeds from the issue of refunding bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the refunding bonds …

Section 9. (a) There shall be within the department but not subject to the department's control an internal special audit unit. The inspector general shall appoint a director of internal special audits who shall serve as an assistant inspector general under the supervision of the…