Current through Register 1531, September 27, 2024
(1)
Applicability. 310 CMR 7.36 shall apply to the
Massachusetts Department of Transportation, hereafter referred to as MassDOT,
and any successor agency to MassDOT.
(2)
Transit System Improvement
Projects. MassDOT shall plan and construct and render available
for public use, transit system improvement projects including the following
projects in accordance with the schedules and requirements set forth in 310 CMR
7.36:
(a) Before December 31, 1992
construction of the following facilities shall be completed and opened to full
public use:
1. Lynn Central Square Station and
Parking Garage
2. North Station
high platforms and new tracks
3.
Lynn Transit Station Bus Terminal
(b) Before December 31, 1994 construction of
the following facilities shall be completed and opened to full public use:
1. South Station Bus Terminal
2. South Station Track #12
3. Ipswich Commuter Rail Line extension to
Newburyport
(c) Before
December 31, 1996, construction of the following facilities shall be complete
and opened to full public use:
1. Old Colony
Commuter Rail Line Extensions to Middleboro and Plymouth
2. Framingham Commuter Rail line extension to
Worcester
3. 10,000 Park and Ride
and Commuter Rail Station parking spaces system-wide outside of the Boston core
area as defined by a report to be submitted to the Department by MassDOT which
identifies the location, size and market area of each facility constructed to
satisfy this requirement. Said report will be submitted three months prior to
the deadline for this project.
(d) Before December 31, 1999 construction of
the following facilities shall be completed and opened to full public use:
10,000 Park and Ride and Commuter Rail Station Parking spaces
system-wide outside of the Boston Core Area in addition to those spaces
developed pursuant to 310 CMR 7.36(2)(c)3. as defined by a report to be
submitted to the Department by MassDOT which identifies the location, size and
market area of each facility constructed to satisfy this requirement. Said
report shall be submitted three months prior to the deadline for this
project.
(e) Before December
31, 2001 construction of the following facility shall be completed and opened
to full public use:
South Boston Piers Electric Bus Service
(f) Before December 31, 2007, construction of
the following facility shall be completed and opened to full public use:
Old Colony Commuter Rail Line Extension to Scituate
(Greenbush).
(g) Before
December 31, 2008, construction of the following facility shall be completed
and opened to full public use:
Blue Line Platform Lengthening and Modernization.
(h) Before December 31, 2011,
construction of the following facilities shall be completed and opened to full
public use:
1. Fairmount Line improvements
consisting of enhancements of existing stations including, without limitation:
platform extensions; improved lighting and improved access; a new station in
the general location of Four Corners, and a new station in each of the
neighborhoods of Dorchester, Mattapan and Roxbury; and bridge upgrades and
other measures to improve service and increase ridership (the Fairmount Line
project). MassDOT shall meet the following interim deadlines for the Fairmount
Line Project:
a. One year from the effective
date of 310 CMR 7.36, develop a Request for Proposals for a design consultant,
complete the competitive procurement process, and issue a notice to proceed for
a design consultant; and
b. Within
two years following completion of the requirements of 310 CMR 7.36(2)(h)1.a.,
complete the requirements of 310 CMR 7.36(3)(e)1. through 6. and 310 CMR
7.36(3)(f).
2. 1000 new
park and ride parking spaces serving commuter transit facilities, in addition
to those required by 310 CMR 7.36(2)(c)3. and (d), within the 101 cities and
towns constituting the Boston Metropolitan Planning Organization.
(i) Before December 31, 2014,
construction of the following facilities shall be completed and opened to full
public use:
1. The Green Line Extension from
Lechmere Station to Medford Hillside; and
2. The Green Line Union Square spur of the
Green Line Extension to Medford Hillside.
(3)
Project Interim
Deadlines. For each project required by 310 CMR 7.36(2)(h)2. and
(i), MassDOT shall meet the following Interim Deadlines.
(a) On or before 18 months following June 1,
2007, MassDOT shall:
1. Develop a Request for
Proposals for a design consultant;
2. Complete the competitive procurement
process; and
3. Issue a Notice to
Proceed for a design consultant.
(b) On or before 15 months following the
interim deadline established by 310 CMR 7.36(3)(a), MassDOT shall:
1. Complete the Conceptual Design as
contracted for under 310 CMR 7.36(3)(a); and
2. File an Environmental Notification Form
(ENF) with MEPA.
(c) On
or before two years following MEPA's issuance of a Scope for a Draft EIR or a
Singe EIR pursuant to
301 CMR
11.06(7):
Decision
on ENF and Scope or (8):
Decision Allowing Single EIR
MassDOT shall:
1. Complete preliminary design;
and
2. File a Draft EIR or, where
applicable, a Single EIR with MEPA.
(d) On or before one year following MEPA's
issuance of a Scope for the Final EIR, MassDOT shall: Develop and file the
Final EIR with MEPA.
(e) On or
before 18 months following MEPA's issuance of a certificate on a Final EIR or a
Single EIR, MassDOT shall:
1. Complete final
design necessary to begin the construction phase sufficient to make application
for: all local, state, and federal permits; any necessary federal funds and
grants; any legislation and public land application which will be required; and
any private land takings;
2.
Identify all local, state, and federal approval, grants, permits, legislation,
and other required actions necessary for completion of the final project
construction and completion schedule required by 310 CMR 7.36(3)(f).
3. Apply for all necessary local, state, and
federal permits;
4. Apply for
necessary federal funds and grants;
5. File required legislation and initiate
public land acquisition; and
6.
Initiate private land takings to proceed to construction.
(f) MassDOT shall make all reasonable efforts
to obtain all necessary approvals, grants, permits, or legislation consistent
with meeting these interim deadlines.
(g) For the project required by 310 CMR
7.36(2)(i), following the completion of the requirements of 310 CMR 7.36(3)(a)
through (f) and the receipt of all necessary approvals, grants, permits, or
legislation, MassDOT and the Department shall establish a schedule for project
construction and deadlines for project completion meaning that the project is
opened to full public use. Final deadlines established under 310 CMR 7.36(3)(g)
shall replace project deadlines included in 310 CMR 7.36(2)(i). However,
interim emission reduction offset measures or projects shall be implemented for
the period of delay from the project deadline included in 310 CMR 7.36(2)(i)
until the project is completed and opened to full public use.
(4)
Project Delays and
Implementation of Interim Emission Reduction Offset Projects and
Measures.
(a) Provided that the
requirements of 310 CMR 7.36(7) and 310 CMR 7.36(4)(b) and (c) are met, the
projects listed in 310 CMR 7.36(2)(h) and (i) may be delayed beyond the project
deadlines established pursuant to 310 CMR 7.36(2).
(b) For delayed projects, MassDOT shall
implement interim emission reduction offset projects or measures during the
period of delay. Such interim emission offset projects or measures shall
achieve emission reductions of NMHC, CO and NOx equal to or greater than the
emission reductions that would have been achieved had the project not been
delayed. MassDOT shall meet the requirement of 310 CMR 7.36(4)(b) by either:
1. Implementing projects or measures that are
not otherwise required by any contractual or other legal obligation, state or
federal law or regulation including without limitation 310 CMR 7.36 and
7.38,
or by any state or federal enforcement action; Such projects shall include
providing new park and ride parking spaces serving commuter transit facilities
or the retrofit of diesel engines with verified diesel retrofit technologies in
the transit ridership area of the delayed project; or
2. Implementing a project required by 310 CMR
7.36(2)(h) through (i) prior to its required completion date.
(c) Following a disclosure
pursuant to 310 CMR 7.36(7)(a)4. that a project will be delayed, MassDOT shall
submit to the Department a petition to delay the project. Such petition shall
include, without limitation, the reasons for project delay, the measures being
taken to minimize such delays, the amount of time the project will be delayed,
and, if required, identification of the interim offset project or measures that
will be implemented pursuant 310 CMR 7.36(4)(b). Following public review, such
petition shall be subject to approval, approval with conditions, or denial by
the Department, in writing.
(5)
Substitute Transit System
Improvement Projects.
(a)
Following MassDOT's completion of the requirements of 310 CMR 7.36(2)(h)1. and
(3)(a) through (c), MassDOT may propose substitute projects for projects
required by 310 CMR 7.36(2)(h)1. and (i) provided that:
(b) Substitute projects shall be projects
that enhance or improve existing public transit service, or provide new transit
service in the areas listed in 310 CMR 7.36(5)(c) and (d).
(c) Substitute projects proposed for the
Fairmount Line project shall be within the Dorchester, Hyde Park, Mattapan, and
Roxbury neighborhoods of the City of Boston.
(d) Substitute projects proposed for the
Green Line Extension and the Green Line Union Square spur of the Green Line
Extension to Medford Hillside shall be within the municipalities of Boston,
Cambridge, Somerville, and Medford.
(e) Proposed substitute shall be prioritized
for funding in the Regional Transportation Plan for the Boston Region and the
Transportation Improvement Program of the Boston MPO.
(f) MassDOT shall submit to the Department a
proposed project substitution determination that includes the following
information:
1. The reasons for seeking a
project substitution;
2. The
proposed substitute project(s) that will be implemented and a proposed project
implementation schedule that meets the requirements of 310 CMR 7.36(2)(h)1. and
310 CMR 7.36(3);
3. A demonstration
that the proposed substitute project will achieve 110% of the emission
reductions of NMHC, CO and NOx that would have been achieved had all components
of the project required by 310 CMR 7.36(2)(h)1. and (i) been completed;
and
4. The interim emission
reduction offset projects or measures that will be implemented until the
substitute project(s) is completed. Such interim emission offset projects or
measures shall achieve emission reductions of NMHC, CO and NOx equal to or
greater than the emission reductions that would have been achieved had all
components of the project been completed by the deadlines established pursuant
to 310 CMR 7.36(2)(h)1. and (i).
(g) MassDOT shall conduct a public meeting
for the sole purpose of taking public comment on the proposed substitution
determination and shall;
1. Provide public
notice at least 30 days prior to the public meeting by publishing in a
newspaper of general circulation in the Boston and surrounding area and in the
Environmental Monitor pursuant to
301 CMR
11.15: Public Notice and the
Environmental Monitor notice of the meeting and of the availability of
the material identified in 310 CMR 7.36(5)(f) at the locations specified
therein;
2. At least 30 days prior
to the public meeting, make available to the public at the City Hall of Boston,
Cambridge, Somerville, and Medford and at the State Transportation Library
copies of the proposed substitution determination;
3. Following the close of the public comment
period, summarize and respond to, in writing, all public comments.
4. Within 90 days following the close of the
public comment period pursuant to 310 CMR 7.36(5)(g)1, MassDOT shall assemble
and submit to the Department the administrative record, which shall include,
without limitation, a copy of:
a. The public
notice required pursuant to 310 CMR 7.36(5)(g)1.;
b. All written comments received by MassDOT
within the public comment period; and c. The summary of and response to public
comments required pursuant to 310 CMR 7.36(5)(g)3.
(h) Within 90 days of receipt of
MassDOT's submittal pursuant to 310 CMR 7.36(5)(g)4., the Department shall
determine, in writing, whether the requirements of 310 CMR 7.36(5) have been
met and whether the administrative record reasonably supports MassDOT's
substitution determination.
(6)
Transit System Improvement
Studies.
(a) Before December 31,
1991, MassDOT shall draft and issue for public comment an initial study of
transit improvement strategies which are in addition to those specified by
310 CMR
7.00, with the intent of incorporating the findings of
said study in the Program for Mass Transportation.
(b) Development of the Program for Mass
Transportation shall, in addition to the requirements of 310 CMR 7.36(6)(a),
include for each strategy identified in 310 CMR 7.36(6)(a), an analysis of the
following:
1. An analysis of funding
implications and a comprehensive funding plan for transit projects and
programs.
2. Estimates of transit
project impacts on cities and towns.
3. Discussion of public education efforts
that will be undertaken in implementing transit projects.
(c) Before December 31, 1991, MassDOT shall
draft and issue for public comment, studies of other transportation system
improvements including but not limited to:
1.
A study of the feasibility of using toll pricing to regulate single occupant
vehicle trips to Logan Airport.
2.
A study of the feasibility of relocating some of the existing Sumner Tunnel
Toll booth to Route 1A.
3. A study
of the feasibility of providing water shuttle service between Boston and
communities on the North shore.
4.
A study of transit system improvements which could be made in addition to those
improvements listed in 310 CMR 7.36(2).
5. A study on the feasibility of constructing
a rail connection between South Station and Logan Airport.
6. Expanding the size and number of suburban
locations of Logan airport express service parking and transit
facilities.
7. Expanding the high
occupancy vehicle lanes and services within the boundaries of Logan
Airport.
(d) Before
December 31, 1994, MassDOT shall draft and issue for public comment a study of
transit system improvements including but not limited to:
1. Connecting circumferential transit
facilities and radial transit services.
2. Improving travel time and upgrading rail
service to New York City, NY; Worcester, MA; Springfield, MA; Hartford, CT and
Portland, ME.
3. Indexing transit
fares so as to encourage maximum use of transit facilities.
(e) The studies identified in 310
CMR 7.36(6)(a) through (e) shall contain an analysis of the technical
feasibility of each measure, an estimate of the time and cost involved in
implementing the measure and an estimate of the potential air quality impacts
of the measure. After providing an opportunity for final comment and
consultation with other members of the Boston Metropolitan Planning
Organization and the Department, the studies shall be released as final reports
and submitted to the Department by no later than March
30th of the year following the deadline of the draft
study. The final reports shall contain a recommendation and schedule for
further action to be taken in regard to the measures contained in the
studies.
(7)
Public Process Requirements.
(a) By July 1st of
each year beginning in 2007 and until all projects required by 310 CMR
7.36(2)(f) through (i) and any project implemented pursuant to 310 CMR 7.36(4)
and (5) are complete, MassDOT, in consultation with the MBTA, shall develop and
submit to the Department an update and status report for each project required
by 310 CMR 7.36(2)(f) through (i) and any project implemented pursuant to 310
CMR 7.36(4) and (5). This report shall include:
1. Detailed information on the status of
Project Interim Deadline requirements of 310 CMR 7.36(3);
2. Detailed information about project funding
including a demonstration that all relevant planning documents, including the
Regional Transportation Plan for the Boston Region, the Transportation
Improvement Program for the Boston MPO, the MBTA's Program for Mass
Transportation, and the MBTA's Capital Investment Program contain adequate
funds to comply with the Project Interim Deadline requirements of 310 CMR
7.36(2)(h)1. and (3).
3. Detailed
information about any actual or known funding, engineering, or other obstacles
to meeting the Project Interim Deadline requirements of 310 CMR 7.36(2)(h)1.
and (3) and measures being taken to address those obstacles;
4. Detailed information about any actual or
known potential need and reasons for project delays or substitution;
5. Detailed information on any interim offset
projects or measures implemented or proposed to be implemented pursuant to 310
CMR 7.36(4)(b) or (5)(g)4., including without limitation an air quality
analysis demonstrating that the actual emission reductions meet or will meet
the requirements of the delayed project.
(b) Within 75 days of receipt of a report
required by 310 CMR 7.36(7)(a), the Department shall conduct a public meeting
to take public comment on the report. For each public meeting required by 310
CMR 7.36(7)(b), the Department shall:
1.
Provide public notice at least 30 days prior to the public meeting by
publishing in a newspaper of general circulation in the Boston and surrounding
area and in the Environmental Monitor pursuant to
301 CMR
11.15: Public Notice and the
Environmental Monitor notice of the meeting and the availability of
the material identified in 310 CMR 7.36(7)(a) at the locations specified
therein; and
2. At least 30 days
prior to the public meeting, make available to the public copies of the report
required by 310 CMR 7.36(7)(a).
(c) Within 120 days following each public
meeting required by 310 CMR 7.36(7)(b), MassDOT shall submit a summary of and
response to all public comments and a written certification to the Department,
with copies to the U.S. Environmental Protection Agency and the Boston
Metropolitan Planning Organization, that:
1.
MassDOT has provided complete information for all requirements of 310 CMR
7.36(7)(a).
2. MassDOT has provided
complete information about any actual or known potential need and reasons to
delay any project required by 310 CMR 7.36(2)(f) through (i);
3. MassDOT has provided complete information
about any actual or known potential need and reasons for a project substitution
pursuant to 310 CMR 7.36(5); and
4.
MassDOT has provided complete information on the interim offset projects
implemented or proposed to be implemented pursuant to 310 CMR 7.36(4)(b) and
(5)(g)4.
(d) Within 60
days of receipt of MassDOT's annual submission required by 310 CMR 7.36(7)(c),
the Department shall make a determination, in writing, whether the public
process and other requirements of 310 CMR 7.36(7) were met.
(8)
Determination of
Air Quality Emission Reductions.
(a) MassDOT shall determine baseline air
quality emission reductions by:
1. Calculating
the NMHC, CO, and NOx emission reductions that would have been achieved by
completion of each of the following projects, using latest planning assumptions
and latest air quality emission models: the Green Line Arborway Restoration;
the Blue Line Connection from Bowdoin Station to the Red Line at Charles
Station; and the Green Line Extension to Ball Square/Tufts University;
and
2. Adding 10% to the NMHC, CO,
and NOx emission reductions calculated in 310 CMR 7.36(8)(a)1.
(b) MassDOT shall determine the
projected emissions reductions in NMHC, CO, and NOx that will be achieved by
implementation of each of the projects required by 310 CMR 7.36(2)(h) and (i),
using latest planning assumptions and latest air quality emission models.
(c) On or before January 2, 2007,
MassDOT shall complete a report with supporting rationale and documentation
that includes:
1. A description of the
modeling assumptions and analysis methodology employed under 310 CMR 7.36(8)(a)
and (b);
2. The total NMHC, CO, and
NOx baseline emissions reductions derived pursuant to 310 CMR 7.36(8)(a) for
each project;
3. A demonstration
that the implementation of the projects required by 310 CMR 7.36(2)(h) and (i)
are projected to achieve the total NMHC, CO, and NOx baseline air quality
emissions reductions determined under 310 CMR 7.36(8)(a);
4. The total NMHC, CO, and NOx emission
reductions as determined by 310 CMR 7.36(8)(b) for each of the projects
required by 310 CMR 7.36(2)(h) and (i).
5. If MassDOT concludes that implementation
of the projects listed in 310 CMR 7.36(2)(h) and (i) will not achieve the
baseline air quality emission reductions established in 310 CMR 7.36(8)(a)1.,
MassDOT shall implement additional projects to achieve the baseline air quality
emission reductions, on a schedule consistent with the deadlines established
pursuant 310 CMR 7.36(2)(h) and (i). Such projects shall be implemented in the
geographic areas consistent with 310 CMR 7.36(5)(c) and (d). Interim emission
reduction offset measures or projects shall be implemented for any period of
delay from the project deadlines included in 310 CMR 7.36(2)(h) and
(i).
(d) On or before
January 2, 2007, MassDOT shall commence a 45-day public comment period on the
report required pursuant to 310 CMR 7.36(8)(c) and shall:
1. Provide public notice of the public
comment period by publishing in a newspaper of general circulation in the
Boston and surrounding area and in the Environmental Monitor
pursuant to
301 CMR
11.15: Public Notice and the
Environmental Monitor notice of the availability of the material
identified in 310 CMR 7.36(8)(d)2. at the locations specified in 310 CMR
7.36(8)(d)2.;
2. At the
commencement of the public comment period make available to the public at the
City Hall of Boston, Cambridge, Somerville, and Medford and at the State
Transportation Library the report with supporting rationale, and all
information and documentation relied upon to support the results and
conclusions of the report; and
3.
Following the close of the public comment period summarize and respond to, in
writing, all public comments.
(e) On or before March 1, 2007, MassDOT shall
assemble and submit to the Department the administrative record, which shall
include, without limitation a copy of:
1. The
public notice required pursuant to 310 CMR 7.36(8)(d)1.;
2. The report, rationale, information, and
documentation required pursuant to 310 CMR 7.36(8)(d)2;
3. All written comments received by MassDOT
within the public comment period; and 4. The summary of and response to public
comments required pursuant to 310 CMR 7.36(8)(d)3.
(f) Within 90 days of MassDOT's submittal
pursuant to 310 CMR 7.36(8)(e), the Department shall determine, in writing,
whether MassDOT has met the requirements of 310 CMR 7.36(8)(d) and (e) and
whether the administrative record reasonably supports the results and
conclusions of the report required pursuant to 310 CMR
7.36(8)(c).
(9)
Demonstration of Air Quality Emission Reductions.
(a) When all projects required by 310 CMR
7.36 are substantially complete, as defined in the federal register at
Approval and Promulgation of Air Quality Implementation Plans:
Massachusetts - Amendments to Massachusetts' SIP,59 Fed. Reg.
50,495-50,498 (1994), MassDOT shall complete an analysis of the total air
quality benefits of such projects. Such analysis shall be performed in
accordance with EPA requirements in effect at the time of the
analysis.
(b) MassDOT shall submit
the air quality analysis required by 310 CMR 7.36(9)(a) to the Department
within four months following the substantial completion of all
projects.
(c) Within 90 days of
MassDOT's submittal pursuant to 310 CMR 7.36(9)(b), the Department shall
determine, in writing, whether MassDOT has met the requirements of 310 CMR
7.36(9)(a) and (b).