reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 1 - Definitions

Section 1. Wherever used in this chapter, unless the context otherwise requires, the following words or terms shall have the following meanings:
''Authority'', an authority established by section three or section fourteen.
''Council'', the regional transit authority council established in section 27.
''Department'', the mass transit transit division within the department of transportation.
''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.
''Fiscal year'', the year beginning with July first and ending with the following June thirtieth.
''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.
''Net cost of service'', the difference between (a) all income received by the authority, including but not limited to revenues and receipts from operations, advertising, parking, sale of capital assets in the ordinary course of business, and gifts and grants for current purposes, and (b) all current expenses incurred by the authority, including but not limited to expenses for operations, wages, contracts for service by others, maintenance, debt service, including any debts, liabilities and obligations assumed under the provisions of law and including any applicable sinking fund requirements, taxes and rentals, payments into a reserve account established pursuant to the provisions of paragraph (q) of section six, and all other expenses which the authority determines not to capitalize, when such expenses exceed such income. Expenditures from the proceeds of bonds or bond anticipation notes shall not be included in current expenses.
''Net saving'', any excess of the income items included in the definition of the net cost of service over the expense items included in that computation.
''Secretary'', the adminstrator of transportation for mass transit within the department of transportation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 2 - Transit Authorities Authorized; Territories; Powers, Duties and Liabilities

Section 2. The territory within and the inhabitants of each of the following groups of cities and towns may, upon compliance with section fourteen, become a body politic and corporate and a political subdivision of the commonwealth under the name preceding each group.
Southeastern Regional Transit Authority. The cities of New Bedford and Fall River, and the towns of Westport, Acushnet, Dartmouth, Fairhaven, Freetown, Somerset and Swansea;
Greater Attleboro–Taunton Regional Transit Authority. The cities of Attleboro and Taunton and the towns of North Attleborough, Rehoboth, Seekonk, Mansfield, Norton, Raynham, Berkley and Dighton;
Brockton Regional Transit Authority. The city of Brockton and the towns of Abington, Avon, Bridgewater, East Bridgewater, Easton, Hanson, Stoughton, West Bridgewater and Whitman;
Montachusetts Regional Transit Authority. The cities of Gradner, Fitchburg and Leominster, and the towns of Lunenburg and Westminster;
Merrimac Valley Regional Transit Authority. The cities of Lawrence and Haverhill and the towns of Andover, Groveland, Merrimac, Methuen and North Andover;
Lowell Regional Transit Authority. The city of Lowell and the towns of Billerica, Chelmsford, Dracut, Tewksbury, Tyngsboro and Westford;
Berkshire Regional Transit Authority. The city of Pittsfield and the towns of Dalton, Lanesborough, Lee, Lenox, Hindsdale and Richmond;
''The Pioneer Valley Transit Authority''. The cities of Chicopee, Holyoke, Northampton, Springfield, Westfield, and the towns of Agawam, East Longmeadow, Easthampton, Hadley, Longmeadow, Ludlow, South Hadley, West Springfield, Wilbraham and Amherst;
Worcester Regional Transit Authority. The city of Worcester and the towns of Auburn, Boylston, Grafton, Holden, Leicester, Millbury, Paxton, Shrewsbury and West Boylston;
Cape Cod Regional Transit Authority. The towns of Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet and Yarmouth.
An authority established under the provisions of section three or section fourteen shall have the power to hold property, to sue and be sued in law and equity and to prosecute and defend in all actions relating to its property and affairs. Each authority shall be liable for its debts and obligations, but the property of an authority shall not be subject to attachment or levied upon by execution or otherwise. Process may be served upon the administrator of an authority or his designee. Section three of chapter twelve shall not apply to the authorities established under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 3 - Creation of Regional Transit Authorities; Name; Notice to Governor; Appointment of Administrator; Powers, Duties, etc.; Joinder of Contiguous Territory; Membership in Additional Authority

Section 3. Any city or town, or group or combination of cities or towns, other than a city or town included in the Massachusetts Bay Transportation Authority in which the Authority operates a fixed bus service, may, upon compliance with this section and with the approval of a city manager in the case of a city under a Plan E form of government, the mayor and city council in the case of all other cities, or the board of selectmen in the case of a town, be made into a body politic and corporate and a political subdivision of the commonwealth under the name of the municipality within the new authority having the greatest population, or under any other appropriate regional name agreed to by a majority of the member municipalities, and followed by the words ''Transit Authority''.
Any such authority shall be deemed to be established upon written notification to the governor that the member municipalities have voted to establish a regional transit authority. Having so notified the governor, the advisory board established pursuant to section five shall proceed to appoint an administrator in accordance with section four. Once established, each such authority shall have the same powers, limitations, duties and organization as an authority established pursuant to section fourteen and shall in all respects be subject to the provisions of this chapter, except section fourteen, as if it were an authority so established.
Any city or town, or group or combination of cities or towns, other than a city or town included in the Massachusetts Bay Transportation Authority in which the Authority operates fixed route bus service may, with the approval of a city manager in the case of a city under a Plan E form of government, the mayor and city council in the case of all other cities or the board of selectmen in the case of a town and subject to the approval of the advisory board to a regional transit authority, join an authority which is not separated from the city or town or group or combination of cities and towns by more than 1 other municipality.
Notwithstanding any general or special law to the contrary, a city or town that is a member of an authority may, with the approval of the city manager in the case of a city under a Plan E form of government, the mayor and city council in the case of all other cities or the board of selectmen in the case of a town, join an additional authority, subject to the approval of the advisory board of the additional authority and provided that the city or town adjoins a city or town that is a member of the additional authority.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 4 - Administrator; Appointment; Tenure; Salary; Bond

Section 4. The affairs of an authority shall be managed by an administrator who shall be appointed by and serve at the pleasure of the advisory board of the authority established pursuant to section five; provided, however, that the administrator shall not be appointed until after the board has provided the notification required by clause (c) of section fourteen; and provided, further, that the administrator shall not hold any elective office, except that of town meeting member, in any city or town within the jurisdiction of such authority. The administrator shall be the chief executive officer of the authority and shall receive such annual salary as shall be determined by said advisory board. Upon his appointment, the administrator shall give the state treasurer a bond for the faithful performance of his official duties in such penal sum and with such sureties as may be approved by the advisory board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 7 - Separate Units of Mass Transportation Facilities and Equipment; Authorization; Unit Lease Arrangements; Financing; Bonds

Section 7. In addition to the powers granted to the authority under section six 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. 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;
(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 forty 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, 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 not be less frequent than once in each fiscal year.
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 (2) of the first paragraph of section nineteen 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 (i) 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 (ii) in the event the authority terminates said lease from the income derived from operation of said mass transportation facilities and equipment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 9 - Payment of Net Cost of Service by State; Assessment Upon Cities and Towns in Territory of Transit Authority

Section 9. If in any year the commonwealth shall be called upon to pay any amount on account of the net cost of service of any regional transit authority except the Cape Cod Regional Transit Authority, unless said authority elects not to assess costs as provided in section nine A, the total amount of such net cost of service shall be assessed upon the cities and towns which are members of such authority in the proportion which the loss attributable to each route in each such city or town bears to the loss attributable to all such routes in all such cities and towns. The loss attributable to each such route in each such city or town shall be determined on the basis of the difference between the revenues collected from such route in such city or town and the cost of providing such route therein.
Such determination shall be made by such authority in accordance with sound accounting practice and guidelines developed in consultation with the department. Amounts assessed under this section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 9a - Cape Cod Regional Transit Authority; Assessment Upon Member Cities and Towns

Section 9A. If in any year the commonwealth shall be called upon to pay any amount on account of the net cost of service of the Cape Cod Regional Transit Authority, the total amount of such net cost of service may be assessed in whole or in part upon the cities and towns which are members of such Authority on the basis of the total passenger miles and the number of trips attributable to the residents of cities and towns within said Authority. Any such assessment formula shall be subject to the approval of the secretary and the advisory board of the Authority.
Such determination shall be made by said Authority in accordance with sound accounting practice and guidelines developed in consultation with the department. Amounts assessed under this section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 12 - Audit; Report; Provision of Copies to Committee Chairs

Section 12. The state auditor shall make an audit of the accounts of each authority, in accordance with generally accepted government auditing standards, once every 3 years and as often as the state auditor determines is necessary and make a report thereon to the secretary, the governor and the general court. In making such audits, said 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 his duties under this section, and chapter thirty-one 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.
A copy of each biennial audit shall be provided to the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on bonding, capital expenditures and state assets.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 13 - Exemptions From Taxation and License Fees

Section 13. An authority and all its real and personal property shall be exempt from taxation and from betterments and special assessments; and an 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 an authority be required to pay any fee or charge for any permit or license 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. Bonds and notes issued by an 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 14 - Establishment of Authorities by Vote of Advisory Board; Nonparticipation by City or Town; Later Joining

Section 14. An authority described in section two of this chapter shall be deemed to be established (a) after twenty per cent of the votes on the advisory board have recorded themselves in favor of calling a meeting to vote on the establishment of the authority, (b) notice of the meeting has been sent by a member municipality of the authority to every other member municipality at least two weeks prior to said meeting and (c) the advisory board has sent the governor written notification that the advisory board has voted to establish the authority; provided that such notification shall not be given except after a majority of municipalities have voted to establish the authority.
The membership of the authority upon its establishment as provided in this section shall consist of those cities and towns which affirmatively vote for the formation of the authority as provided in the first paragraph. Nothing contained in this section shall prevent any city or town, including a city or town which did not vote for the formation of the authority under the first paragraph from joining an authority subsequent to the formation thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 15 - City or Town Assessed for Net Cost of Service; Ballot Question Upon Continuation of Membership; Votes

Section 15. Any city or town which is a member of an 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) continue to be a member of the (name) (name) Regional Transit Authority?''
Such question shall not be placed upon the official ballot unless the city council or town meeting shall have voted that such question be so placed, or a petition signed by not less than five 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 sixty days before the date for 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 or town) hereby petition for the placement upon the official ballot of the question whether this (city, town) shall continue to be a member of the (name) Regional Transit Authority''.
The votes upon such a 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 result of the vote. If a majority of the votes cast upon the question shall be in the negative, the authority shall forthwith take all steps necessary and appropriate for the termination of membership of such city or town in such authority.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 16 - Conflict of Regulatory Powers; Resolution by Department of Telecommunications and Energy

Section 16. In the event of any conflict between the regulatory powers and duties of the department of telecommunications and energy in respect to mass transportation service within an area, the department of telecommunications and energy shall resolve such dispute and exercise such powers as it deems required in the particular instance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 18 - Trust Agreement to Secure Bonds

Section 18. In the discretion of the authority such 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 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 moneys and may pledge or assign the revenues to be received, but shall not convey or mortgage any property.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 19 - Bonds Issued Under This Chapter; Authorized Investments; Use for Legal Deposits

Section 19. Bonds issued under this chapter are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, and savings banks, co-operative banks and trust companies in their banking departments, banking associations, 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 other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them, and such bonds are hereby made obligations which may properly and legally be made eligible for the investment of savings deposits and the income thereof in the manner provided by section fifteen B of chapter one hundred and sixty-seven. Such bonds 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 21 - Interest Bearing or Discounted Notes and Bond Anticipation Notes Authorized; Limitations; Disposition of Proceeds; Payment

Section 21. An 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. If any bond anticipation note is paid otherwise than from the proceeds of bonds or renewal notes, such payment shall be included in the measure of the net cost of service. But, if bonds or renewal notes are later issued to provide for such payment, there shall be a corresponding offset against the net cost of service.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161b - Transportation Facilities, Highway Systems and Urban Development Plans › Section 22 - Federal Assistance

Section 22. Each 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 subdivisions for any of the purposes of this chapter. If any federal law, administrative regulation 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 and making any determinations and certifications necessary or appropriate to the foregoing, and the authority is authorized and directed to take all action necessary to permit such other department or instrumentality to comply with all federal requirements.