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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 152a - Contract Between Commonwealth and Trustees for Reimbursement for Deficit From Operation of Transportation Area

Section 152A. Notwithstanding the provisions of section one hundred and fifty-one, the commonwealth, acting by and through the secretary of administration, may enter into a contract or contracts with the trustees of a transportation area created under the provisions of sections one hundred and forty-three through one hundred and fifty-eight whereby the commonwealth agrees to reimburse the cities and towns comprising the area for fifty per cent of the financial deficit resulting from the operation of the area for any financial year. Contracts made by transportation areas with private carrier companies for which contract assistance is provided shall be within the limitations and subject to the terms of section twenty-three of chapter one hundred and sixty-one B so far as applicable and such contracts shall be eligible for contract assistance as herein provided.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 154 - Exclusion of Municipality From Transportation Area

Section 154. The department may exclude from a transportation area any city or town, but such exclusion shall not prevent the operation of street railways in or through its territory. The department may also exclude any city or town or part thereof, the inclusion of which would, in its opinion, handicap the efficient operation of a transportation area. The department may permit the operation of street railways without the commonwealth by any transportation area which borders on the boundary line of another state.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 155 - Leases of Street Railway Property; Amount of Rental; Term; Renewals; Termination

Section 155. The amount to be paid as rental under a lease of a street railway property shall not exceed seven per cent of the price fixed in any option to purchase the property. Rentals shall be paid to the owners of street railway property by a transportation area at least once in six months. No lease shall be made for a term of more than five or less than two years, but a lease may be renewed if public necessity and convenience, in the opinion of the department, so require. A renewal of a lease shall be made in the same manner as a new lease, except that the transportation area shall give written notice to the owners of the property at least four months in advance of such renewal. A lease may be terminated by the consent of a majority in interest of all classes of stock in such company entitled to vote, and of a majority of the voters of each city and town comprising the transportation area, voting thereon upon submission at a regular or special city election or town meeting upon petition of ten per cent of the registered voters of each city or town filed with the city or town clerk within thirty days of such election or meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 156 - Establishment of Fare Zones and Rates of Fare

Section 156. Subject to the approval of the department, the trustees shall establish such fare zones and shall fix such rates of fare to be charged by a transportation area as will reasonably assure sufficient income to meet the cost of the service, including operating expenses, taxes, rental, interest and the allowance for depreciation required by section one hundred and fifty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 157 - Care of Leased Railway Property

Section 157. The trustees shall maintain the street railway property in good operating condition. At the expiration of any lease which is not renewed, a transportation area shall return the property to the owners in as good condition as it was when first taken over, ordinary wear and tear to be taken into consideration. All leases shall be subject to a provision that any question of damages shall, within ninety days from the date of expiration of a lease, be submitted to the department, and its decision or award shall be final, it being understood that fluctuations in the value of the property and equipment shall not be taken into consideration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 158 - Taxation

Section 158. Nothing contained in sections one hundred and forty-three to one hundred and fifty-seven, inclusive, shall affect the right of the commonwealth or any subdivision thereof to tax the property owned or leased by a transportation area in the same manner and to the same extent as if the same were under private management, but cities and towns may abate in whole or in part the taxes thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 160 - Transportation Areas; Application of Secs. 143 to 158

Section 160. Sections one hundred and forty-three to one hundred and fifty-eight, inclusive, so far as applicable, shall apply to any transportation area now established under chapter five hundred and ninety-nine of the acts of nineteen hundred and twenty or now in process of establishment thereunder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 161 - Avoiding Reduction or Discontinuance of Railway Service; Contributions of Municipalities

Section 161. Any city, except Boston, by vote of its city council, and any town by majority vote of the voters thereof present and voting thereon at a town meeting, may, from time to time, for the purpose of avoiding a reduction or discontinuance of service, enter into an agreement with a street railway company operating a street railway therein to pay any part or all of any excess of the cost of the service on the lines of the company operated in such city or town above the amount of the receipts from such lines arising from the rates and fares in effect thereon during the period covered by any such agreement; provided, that no contribution under said agreement shall in any year exceed in such a city the sum of one dollar, or in such a town the sum of two dollars, for each one thousand dollars of the assessed valuation of the year preceding the date of such agreement, and in no event shall it exceed one thousand dollars in any year unless the payment of any such excess is first approved by the department. The department shall, upon application of any city or town agreeing as aforesaid, determine any question relating to the character or extent of the service rendered or facilities furnished in such city or town in pursuance of said agreement, in the event of differences arising between the street railway company and such city or town in relation thereto. Any such city or town may raise by taxation such amounts as may be necessary to carry out the provisions of this section. This section shall not apply to the Boston Elevated Railway Company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161a - Massachusetts Bay Transportation Authority › Section 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.