2022-03-09 00:00:00 - Joint Committee on Transportation
2022-03-09 00:00:00 - Joint Committee on Transportation
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Straus I am the house co chair of the Joint Committee on Transportation with me is uh and it gives me great pleasure to say this. The senate co chair uh senator Crighton from Lynn former house colleague former staffer who have worked with for years and can't be more I can't be more excited in terms of looking ahead to working with him on committee issues their staff in attendance for each of us and also representative currents. A member of the committee is here with us live and otherwise we have uh233 joint committee members. I see my house vice chair rep Devers here and he's giving a nod. Uh and uh245 as staff feeds me, I'll identify other committee members who are here. I think I see the Senate Vice chair from Quincy. Welcome senator. And so I may interject a time with those. We have a noticed hearing. We are working our way back to a place we were uh it sounds so long ago before delta variant where myself and then co chair were uh starting to do hybrid hearings with us live here at the state house. We are coming back in an additional step today with a the initial witness on behalf of the baker administration Jonathan gulliver from administrator from mass dot ah And we have a number of bills that are noticed for hearing procedurally just want to indicate that if you have signed in Um will be recognizing you. We for other witnesses. We had a list that closed as has been our practice in the committee closed at 11 a.m.
And I have those names and the bills on which they wish to testify. We do have something of a time restriction with the room today. I apologize for that so maybe not my usual style. The three minute rule for the balance of the witnesses will be strictly enforced. So I ask people to keep There time that time restriction in mind as they offer their testimony. We have received written testimony ah and it is the plan of the co chairs that with regard to the first bill that will take up today. The governor's chapter 90 bond authorization For municipalities that we intend to close that hearing today. But for the other372 matters that are on the noticed list for today we would keep the record open for another week which would bring us to close of business on the 16 for written testimony and emails. However you want to provide it on those bills and at that point the record will be closed on those. Um I don't know if co chair would like to say anything. Thank you. I'll402 be brief. I know we have a lot of folks here to testify. I404 just wanted to say thank you to you chair Straus and to the staff is exciting to be back here on the409 transportation committee. As you mentioned, I411 had a chance to staff this committee for my predecessor then Senator Tom Maggie and it's really exciting to be back here and to work with administration as well. Thank you. And I will say because he's senators raised the name of somebody who
427 only427 has friends, former Senator McGee, former Mayor McGee, former rep Mcghee and probably former some other things. But when he was co chair, I always would quote him because we still have time left in this session every year is transportation year as far as we're concerned. So we have a lot to do together and I look forward to that. That said, we do have the governor's bill on451 chapter 90 House 4358.
and we have a witness the from mass dot highway, Jonathan Gulliver will recognize you now the floor is yours. Welcome. Mr Gulliver. Pleasure to see you.
JONATHAN GULLIVER - MASSDOT - HB 57 - All right, thank you. Chairman Straus and chairman Crighton Members of the committee. Pleasure to see all of you as well. Again. My name is Jonathan Gulliver. I'm the State Highway Administrator for MassDOT. I'm very pleased to be here to testify and express MassDOT's support for House bill 57 an act financing the Chapter 90 Program. The legislation before you today seeks to fund the Chapter 90 Program at $200 million for this upcoming fiscal year 2023. I know this group is very familiar with Chapter 90 Program, which provides a critical funding source to the commonwealth cities and towns for their transportation infrastructure needs. This proposed 200 million in funding ensures a consistent funding level compared to prior years while also recognizing the various competing priorities across515 the state.
Additionally, this money is being supplemented with the recent filing by Governor Baker to add an additional 100 million in Chapter 90 And another 100 million for pothole repairs and pavement restoration527 due to winter wear and tear from this past year. This total of $400 million for municipalities533 between these two pieces of legislation continues536 to be a lifeline for municipalities across the state. Due to the seasonality of roadway repairs and construction it is crucial that this legislation be passed promptly so that our communities may begin to plan and implement the investments for the year. As the administrator of the Chapter 90 Program, MassDOT sees the on the ground changes that these important programs provide from559 installing new pavement to building new bike paths.
Municipalities are taking advantage of this dynamic funding source to respond to the unique needs of their residents. There are some exciting changes happening to Chapter 90. I know that's hard to believe with the legislation that has been continuous for so long, but we have been doing a lot in these past few years to help municipalities administer this program. Some communities struggle with how to actually decide on spending their funds, allowing their annual apportionments to stockpile over time. To resolve this, we have put a lot of effort into releasing the Chapter 90 resources to our cities and towns over this past year in a way that helps them plan these funds better. Perhaps most importantly, in August of 2021,602 we released new program guidance specifically for Chapter 90.
This guide, which is an update from a 20 year old version, provides new and updated information for municipalities from program operation to project implementation. The new guide617 makes the program simpler to manage while also encouraging the best use of funds. To further empower municipalities in their decision making the guide was published alongside a new planning toolkit that provides templates for those cities and towns to make capital investments planning easier. We also migrated the program's project invitation paperwork online, making it easier than ever for municipalities to getting projects started.
Finally, just this month, MASSDOT is releasing a new cost estimating tool geared specifically towards municipalities for use on Chapter 90 and other local projects. While previously it was a complicated task for a city or town to go through and project what the cost of spending that is going to be of a project. This new tool, which is the first of its kind in the nation as far as we can tell, provides a very easy667 way to use the weighted average bid prices that MassDOT provides belong with what real time, what towns or experience in their bid prices to give them a much more accurate cost estimate when they put these projects together. And we're looking forward to seeing this tool encourage A more comprehensive and creative local allocation of Chapter 90 funds.
With these new resources and our community grant programs enhanced by this committee's support Over the years we are more committed than ever to helping cities and towns improve their transportation infrastructure and we see the communities match those commitments in numerous ways703 every day. Beyond these new guides tools and grant programs the propose $200 million appropriation Chapter 90 funding solidifies the Commonwealth dedication to supporting municipalities in their efforts to advance transportation priorities. Thank you for your time here today and listening to my testimony and I am happy to take any questions.
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Thank you Mr Gulliver, I don't have any questions. None from the co chair and I would ask the members of the committee and so far I am advised we have uh rep Sabadosa from the committee. Welcome from Salem. We have rep Tucker I see him there from boston. Representative Fluker Oakley is with us also and the ranking minority member of the committee rep Howitt is here. So if members of the committee have questions they'll um staff is monitoring and I'll do my best to recognize you otherwise. Um Thank you. Mr Gulliver will be in touch and share your determination that we move quickly and I'm sure we can accommodate that request. Thank you. Thank you Mr Chairman as always if there's any additional resources that you need from me or my team. Any questions more than happy to help at any time. And I know that's always been the case with with your office and we appreciate the dedication you've provided to getting information to us regularly. Thank you. All right, thank you. I will and I would just say I noticed that there are a couple of legislators here and the normal practice of course, is to recognize them out of order. Just ask for their indulgence because of our uh efforts to make sure we get all Chapter 90 Bill witnesses. We now have a list. I'll call them one by one. We there's no such thing as a virtual panel. Uh, I'll call those witnesses one by one and by agreement. Each of these four witnesses on behalf of the mass Municipal association um will be testifying within a h one a two minute limitation. Thank you for recognizing that. And so I would first with regard to that call on Jeff Beckwith from Emma. Uh, if you're here Mr Beckwith, the floor is yours.
GEOFF BECKWITH - MMA - HB 57 -Thank you very much. Chair Straus chair Crighton members of the committee. It's a pleasure to be here. I will be very brief, but you know that brevity is not going to cut back our passion for this legislation. We strongly support passage of a $300 million uh, Chapter 90 bond bill. This is a key priority for cities and towns as you know, and you have been working tirelessly throughout your career, all of you on the Transportation Committee to advance899 Chapter 90. We ask that you take that, that additional step of bringing this program up to $300 million. We have provided uh, detailed testimony to you that shows that the purchasing power of Chapter 90 has has decreased by well over 40% since the first time Chapter 90 was funded at $200 million a year.
Construction inflation has essentially taken away over $80 million of929 value in the program and cities and towns are struggling mightily to maintain your local roads. The passage of this legislation, if you can also extend it to a multiple multiple year program, would also allow communities to plan and implement the kind of longer range pavement management programs uh, that, that makes so much sense in Massachusetts. And timely passage is critical because the shorter the construction season, the more expensive the projects, uh, communities cannot sign their contracts, uh, and they cannot go968 for short term financing for this reimbursement program until the final authorization is adopted. And that's also why we ask you to accelerate passage of the terms bill either within this legislation or separately.981 Our roads982 and bridges of the lifeline for our connecting all of our people together in Massachusetts. You know that, uh, and we look forward to working with you to, to make an enhanced strong and fully funded Chapter 90 Program a reality. Thank you very much.
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Thank you. Mr Beckwith and heard loud and clear. And certainly the terms issue is one that we've improved on over the years. This is way in the weeds. But apparently there there is asserted a constitutional reason for it to be separate, but it should always track along simultaneously. I share your view on that. When we do the authorization, we should track along with terms language for the bonding Wall street types as quick as possible. Not any questions. Thank you. And I will proceed to the next witness on behalf of the towns and cities. That would be jim Lovejoy from the Mount Washington select board. Thank you for being with us. Mr Lovejoy. The floor is yours.
JIM LOVEJOY - SELECTBOARD MOUNT WASHINGTON - HB 57 - Thank you very much. Uh, thanks very much to the committee for hearing me speak today. Um, obviously the town of Mount1066 Washington is the third smallest town in the commonwealth. We have about 160 residents and an average Chapter 90 allocation of $70,000 a year. Raising this amount to uh, you know, 300 million will add another $35,000 to the town's1085 allocation. And as you can imagine, this is not very much in today's construction um, uh, scenario to get work done. We have over 20 miles of road. Um, we have three state parks that, that people use for access to this. And, Chapter 90 is really one of the major ways that we have to fund this. We don't have staff to, you know, to apply for a lot of grants. Nor do we have additional funding to, you know, have engineering studies for some of the other grant programs that are available.
We do manage1121 to get grants on occasion. But you know, Chapter 90 is something that we depend on, on a regular basis to match with town funds,1131 dollar for dollar to, to pave our roads and to do basic maintenance, nothing elaborate. We don't have to change any intersections. We don't have to put up any stop signs. We basically just need to pave the road. And with the climate changes that we've experienced, it's becoming more and more difficult. So I urge you to pass this, uh, you1155 know, this legislation to give us the Chapter 90 money and actually the $300 million a multi year program would1162 be very useful in the sense it would allow us to plan because we very rarely are able to use um, the money we get in each year allocation without adding1174 it to a previous year's allocation in order to fund the project. So, thank you very much for your attention and I appreciate you giving me the opportunity to speak to you today.
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Thank1191 you. Thank you, love Joy. I don't see any, uh, questions from members of the committee. Obviously, uh, from small towns like yours, you have special concerns and it's always a challenge and we'll hopefully provide some relief to you through this program. This year. Next I would call on in this package of witnesses, so to speak. The Auburn town manager julie Jacobson. Miss Jacobson. The floor is yours.
JULIE JACOBSON - TOWN OF AUBURN - HB 57 - Thank you committee and thank you for the opportunity to testify today and to discuss the critical need that we have for additional Chapter 90 funds. First I just want to1233 make sure again we echo and thank the legislature and governor baker for your commitment to local infrastructure. It's really critical, however, to highlight there are gaps still in the Chapter 90 funding levels appropriated annually and the actual amount of funding that we receive versus what we really need to complete our roadwork. For instance, Auburn received about $609,000 in FY 22 of Chapter 90 funds but we estimate it takes about 2.4 million annually just to keep up with a 20-year roadway reconstruction management plan that we have.
We invest heavily in our roads here in Auburn in addition to Chapter 90 funds. So for instance, over the past 10 fiscal years, chapter 90 funds represented an average of about 42% of our total annual roadway improvements. So we're putting a lot of local dollars in on top of it and we're still not keeping up. If our Chapter 90 allotment were1285 to be increased by 50% we would be able to reconstruct approximately one additional road mile. So just to put that in context, a $600,000 contract yields approximately 2 to 2.5 miles. So a $900 million contract, which would be great, would yield about 3 to 3.5 miles. And with 90 road miles to maintain, it's a pretty large challenge for us. With level funded Chapter 90 appropriations as a previous panelists mentioned.
Other than a one time much needed infusion of an additional 100 million and a proposed one time 100 million in the Fy 22 supplemental budget that's pending the gap has just continued to widen and the appropriations just aren't keeping pace with annual increases in construction costs. And as we all know, further rising construction costs in materials this year,1334 we're not going to be able to fund1336 anywhere near what we could fund last year. So it's become even more critical. Many will mention that the Federal Infrastructure Investment Jobs Act and ARPA funds may be able to help municipalities, but the reality is they are not going to help municipalities with their local roads. Those are, if the programs exist, they will be for competitive purposes than primarily for federal and state dollars
We need the local road dollars now. So I really want to just make1364 one more point conclude that is, the Department of Transportation has stated that for every dollar invested to keep a roadway properly maintained it will save 6 to $10 in avoided repair costs to rebuild that road when it fails because of a lack of maintenance. So I think we're all just looking for some additional assistance to allow us to keep our roads in good repair. It's critical to the economy. It's critical to our municipalities. And I just want to thank the Legislature for listening to us for allowing us this opportunity and to please consider and echo the request of the MMA for $300, multi million, $300 million, multiyear appropriation. And we thank you for your support of municipalities across the1411 state.
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Thank you very much Miss Jacobson and we appreciate that our work on behalf of towns and cities, not just in chapter 90 but through the other authorizations we've done the last two years for bridge and and transit programs is the people in the towns and cities are aware. Next in this group of witnesses would be joe flanagan from the datum DPW Mr flanagan. The floor is yours.
JOSEPH FLANAGAN - DEDHAM DPW - HB 57 - Thank1435 you very much for having me today and I apologize to just come from an emergency. We were.1440 so my notes. A little scattered, but I want to echo um Town Manager Jacobson and Jim Lovejoy's and Geoff Beckwith's comments just about the,1451 the need for the increase in our local aid for the Chapter 90 to $300 million. And I want to thank, I'd like to thank this legislature um, in the, in the Baker Administration for the continued commitment to our local infrastructure I'd like to echo all their comments. But as far as the1473 uh, Dedham, we've been fortunate where we had the additional funding for the complete streets in the shade streets and we were lucky fortunate to get those grants, But our construction costs1484 and materials are increasing this year. And that Chapter 90 appropriation Um, it's just not going to, is not going to be enough to cover what we've, what we've usually done.
We have a pavement management program. The town has invested significantly in this. We we've putting in over $1.5 million For the last 10 years into our local roads as well as the Chapter 90. And We really need this to go up to the $300 million just1510
to continue what we're looking at what we're working on and to, and to maintain what we have done. Um, it's great that we've got those other programs, but1520 uh, the burden of maintaining and repairing all of our roads still falls on the local taxpayers and especially in the town of Dedham we're community towns with a lot of cut through through through traffic. We have potholes. We've got um, it's just becoming too much for our local citizens to every time you turn around, there's something going on, whether it's a crosswalks or this and that, and there's always.
As far as the public works direct this point of view, we're1547 getting where we're going, we're getting a lot of requests and we just don't have the necessary tools to always fulfil that. Um and I would like to1563 uh I would I understand that the um financial1567 constraints of the of the Legislature and I respect that, And but I would just urge consider the Legislature to consider the $300 million annual level funding of that. So we could um, plan for our improvement and this would help us to manage it over a1586 20-year period or attending even a 10-year period to help to help the communities know what they have. So you can plan these different projects moving ahead. But I'd like to uh I just1599 want to end by saying thank you very much and um I want to support the thank the Legislature and the Baker Administration for supporting all the municipalities in the in the commonwealth. Thank you very much.
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Thank you.1613 Mr flanagan and appreciate your on the road, so to speak, perspective that you bring to this. I know you may have a1620 difficult day ahead and we appreciate that. We do have, I'll say separately an appropriation coming to towns and cities in a supplemental budget that the house will be taking up later today for winter repairs. It's never enough and1636 we understand that and always hope we could do more. But thank you to the group of witnesses who just, we've just heard from from mass municipal remaining witness signed up to testify on this bill is john Poor Bay from construction industries of mash of massachusetts and before we get to mr por bay, just want to1663 acknowledge senator Rush another member of the committee is with us. Welcome Senator Rush mr Corbet, I think you're here and we recognize you now.
JOHN POURBAIX - CONSTRUCTION INDUSTRIES OF MASSACHUSETTS - HB 57 - Thank you. Good afternoon Chairman Crighton Chairman. Straus members of the committee. I'm John Pourbaix, executive director of Construction Industries of Massachusetts and I'm happy today to support the Chapter 90 bill. Thank the committee for today's hearing and hopeful that the bill is1698 enacted quickly by the full legislature. As you may be aware, 78% of the lane miles in the Commonwealth are municipally owned and the Chapter 90 Program is an important funding source for the projects needed to maintain them. With this in mind, we ask that you consider increasing the authorization and consider making the bill a multiyear authorization.
The passage of the multi year bill1723 would allow communities to make long term plans and utilize the full construction season. Combined, these practices, these practices would provide the construction companies the opportunity to develop long term business plans1740 and that would lead to one competition and better prices for the communities. We respectfully ask that the1750 committee consider an additional inflationary factor to the funding program. As you are fully aware everything is more expensive today and this certainly includes labor and material required for infrastructure projects. Municipalities as previously mentioned will not go out for procurement until the1771 Chapter 90 bill and the terms bill are signed into law.
The procurement process for projects is a time consuming and construction season is a short one. Communities will receive much more competitive prices earlier in the season if the works put out for bid and these communities will get the biggest bang for their dollars. We respectfully ask that the committee report out the bill with a favorable recommendation and hopefully with an increase to the multiyear authorization. Thank you for the opportunity to testify and appreciate the committee holding the hearing today. Thank you.
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Thank you Mr Corbet, pleasure to see you although you're far away in that room but the message was loud and clear and we appreciate that on behalf of your, your members. At this point I will go back up the list or I should say that concludes the witnesses for the chapter 90 proposal bill of the governor. And so the hearing would be closed on Chapter 90. I will now recognize we have a few members of the legislature. Uh, and I apologize because of our time constraint. I ask each of you and of course will be speaking to you directly later anyway on these matters. Uh, and and whatever written testimony would1864 be helpful to the committee that you want to submit is fine, but ask that you recognize the same three minute limit today as other witnesses. And just in order of seeing people here, I would recognize representative Oliveira to testify on behalf of House 4436 Rep. I see you there. Welcome. The floor is yours.
REP OLIVEIRA - HB 4436 - Thank you mr Chairman and congratulations. Chairman Crighton on the committee assignment and to the members of the committee. I'm testifying today in support of House Bill 4436. As many of you know, historic Route 20 is the longest road in the United States, passing through 11 states starting right here in Massachusetts in Kenmore square and then moving across the commonwealth and ending in Hancock, Mass in the Berkshires. Over the last several years, states have worked with veterans1921 groups within their states to name Route 20 in each of those states as the Medal of Honor Highway honoring those who have received our nation's highest military honor.1934
Over 3500 individuals have received this honor since its creation during the Civil war, including nearly 300 from Massachusetts. Of the 11 states right now that Route 20 passes through all but to all but two Massachusetts and New York have named route 20 the Medal of Honor highway in their states. I will note that the New York General Assembly has a pending legislation before it right now to rename their section of Route 20. In the spirit of healthy competition like our sports teams I'd like Massachusetts to beat new york and not be the last state to adopt this distinction. Working with our veterans organizations, I'm pleased to file this bill with several co sponsors and very thankful to my senate colleague from Western Massachusetts, Senator Velis for file and companion legislation on the Senate side.
The bill before you would designated Route 20 as the Massachusetts Medal of Honor Highway and would direct DOT to erect markers bearing the three versions of the medal of honor, the Navy, Army and Air Force versions of the award. These markers would follow the same standards that all other markers along the MassDOT roots would follow. Thank you again for the opportunity to offer this testimony and with National Medal of Honor Day later on this month on March 25th and Memorial Day fast approaching, I asked the committee to favorably report out this bill and I'm happy to answer any questions that anybody on the committee might have. Thanks again mr Chairman.
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thank you rep, pleasure to see you and see you later or interact during2033 the session. I don't see or hear any questions from committee members. So thank you for taking the time to offer your testimony today. Next I would call Senator Comerford on behalf of Senate Bill 2733
senator. You're recognized and please share your thoughts on the bill with us.
SEN COMERFORD - SB 2733 - Thank you so much. Chair Straus and of course Chair Crighton thank you for your tireless efforts and for taking me out of turn. I'm here to speak as you referenced on S 2733 an act prohibiting video recording or broadcasting while driving. It's a bill I called Charlie's Law as I filed it to honor North Hampton constituent Charlie Braun, a beloved partner, father grandfather community member who was struck and killed by a motor vehicle while riding his bicycle. Reports indicate that the, that the driver of the motor vehicle was engaged in a facetime conversation while driving. I am grateful to this committee and particularly you Chair Straus for all your painstaking work to get the hands free law over the finish line in 2019.
Yet this tragedy did spur my team and I to look into this issue. I am grateful that North Hampton city councillor Karen Foster is here. You'll also note that many have submitted very moving testimony. I also want to recognize the testimony of AAA northeast the Safe Roads Alliance and the Massachusetts Bicycle Coalition. Chairs in recent years there's been a growing um a growing trend in, in what's called vlogging or video blogging while in the car. A 2021 report by the State Farm Auto Insurance Company's Research Department found that in the five years between 2015 and 2020. The number of people recording videos while driving has more than doubled. Its gone from 10% five years ago2149 to nearly a quarter of all drivers last year, but that's not the whole picture.
The data also show that younger drivers are more likely to engage in this behavior. For 18-29 year olds, 44% recorded reported recording videos while driving for those 30-39, it's 37%. In recent years, several states have moved to add prohibitions on video recording to their2179 distracted driving laws, including Georgia Arizona Tennessee Utah. Charlie's Law adds a clarifying sentence to our existing hands free driving law that would ban anyone from recording or broadcasting a video of themselves while driving. The bill provides an exception for dash cams that are mounted and and recorded video and record videos to monitor traffic or their passengers. There are also exceptions for emergency circumstances when the right to record is protected by state or federal law, for example, to record police activity and when there is clearly no public safety interest in banning recording.
Massachusetts strong hands free driving2218 legislation prohibits drivers from holding any motor mobile electronic device in one's hands and bans, reading or viewing, text, texts, images or video displayed on a mobile electronic device. Yet the law isn't explicit yet about recording videos while not actively handling a device while driving. I suggest that2236 Charlie's Law has the potential to close that gap and will allow Charlie Braun's tragic death to send a clear message to the public on the dangers of recording videos while driving. And I thank you chairs and committee for your2250 consideration of this legislation.
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Thank you Senator And I appreciate very much the efforts you've made in certainly offering testimony today and and engaging in what I know you know is a complicated issue2270 involving content based exclusions
on things like this. And as you point out with the list of exceptions for, I don't know how else to say it, but for civil rights reasons and others recording
of activity in a car for some people is critical piece of documentation of interactions with others. And so it's it's not an easy topic but as as we did conclude successfully last session with the hands free legislation. Uh, the effort to limit interactions with whether there there however there used from distractions for drivers is the Touchstone for our existing legislation. So this is a tough subject, made tougher by the tragedy that motivated so many people in your region and yourself to bring this up. So I'm sure we'll be having many conversations coming up about this and I look forward to that. Any questions or comments from members of the committee hearing None. Thank you again.2353 Senator. Nice to see you. Uh next we have I believe he has joined us. Representative Barrett in support of House 85 to I see you there rep the floor is yours.
REP BARRETT - HB 4436 - HB 852 - Thank you Mr Chairman and to chairman Crighton I am. I also would like to support H 4436 as filed by Representative Oliveira. The last community in the state of Massachusetts is in my district that I would have this route with the town of Hancock which was not named after John Hancock but Sam I Sam Hancock so I believe he would be very proud to have this going through his community as he he certainly was a fighter for our democracy but it is very important that that that bill go forward at this time. New York has taken enough from us already including being first ahead of us in gambling uh which I have to throw in there with the Senate chair here. Um that that being said I'm here to speak on House Bill 852 uh an act establishing time limits for idling trains.
Uh many of the bills that have been submitted this year address and the past several years for that matter address protecting our environment. Um as I straightened out my, One of the problems with which we should be addressing is that of train idling often trains will park an idle for up to 24 hours causing not only a nuisance but a serious health issue to those who live in the area where that train is parked. The bill that I have filed 852 requires the DEP to investigate the violations and conduct emission tests. This committee was heard before. Environment and Natural Resources on two different occasions and earlier this year. We have all kinds of laws on the books dealing with idling motor vehicles including school buses, those parked at some of our malls that are out there. Yet we have not adequately addressed the issue of train idling in communities across this commonwealth.
And this problem stretches from Boston out to the Verkshires, even out onto Cape Cod has become a serious problem which has to be looked at. Last month. I2501 testified before the Service Transportation Board at one of their hearings and the people2506 on that after hearing my testimony at that time echoed the sentiments that I felt and how train companies absolutely ignore the problems that we face in the communities and where there trains travelled through. We have been treated poorly by them was the common theme and what they have done has really been detrimental to our environment.
I would ask that this committee take a serious look at this problem. It's been a problem with the MBTA for years. It has been corrected to a certain degree where requirements have been placed on them. The EPA has stepped in along with the DEP. And of course there's always the question interstate travel of trains that there is no authority at the state level. Um That isn't necessarily true as MBTA trains now travel into the state of Rhode island. So I believe that this bill can be addressed and should be addressed at this time. And mr2560 Chairman, I thank you for this opportunity to appear before your committee2563 today and if you have any questions I'd be glad to answer them. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you thank you rep and I believe turn it over to the Senate co chair right now.
Thank you Representative just wanted to say thanks for filing this and your focus on emissions when it comes to transportation. I think just you know, many points you illustrated their points to you know, the greater need of electrification of the fleet generally but certainly in the meantime I think it makes a lot of sense. So thank you for your testimony. Thank you and please give my regards to the former mayor up there. I'm hoping he's much more relaxed these days. Sure is. Thank you.2601 Thank you again ramp. Nice to see you. Thank you Continuing on the witness list that we have for the remaining our that2612 were allotted here. We have signed up Susan Greber with regard to house 4437 are you with us Miss Greber
can you hear me now? Yes you're coming through fine now thank you.
SUSAN GREBBER - CONCERNED CITIZEN - HB 4437 - Um I've never done this before and I'm a little nervous so just bear with me and thank you all for the opportunity to speak. Um I'll start by saying it was actually a year ago today I was in a horrific car crash on Route 25 in Wareham heading home to my apartment with my dog Molly who is a chihuahua that weighs 8.5 pounds who I rescued almost two years ago. She was in the back of the car In her pet carrier when all of a sudden I got hit from behind with a car travelling the police said at over 90 mph. I was in a state of shock to say the least and um, I thought that that was the end of me and my dog. But luckily I was able to gain control of the car and pulled over to the side of the road until the police arrived.
And I can tell all of you on this committee that undoubtedly my dog was saved because she was in her pet carrier. If she was not in that, she would2709 have been blown out the back window or glass would have would have been all over her and had caused severe damage. So this, I tried to make a terrible situation and turn it into something positive. Um, I see too many people driving in the car with their dogs' heads hanging out the window or on their lap or going from the front to the back or the back to the front and if they don't think it can happen to them, you know, somebody hitting you or you hitting them you're wrong because I found that out firsthand. And um, the state of Rhode Island has this law. I think we need to make this, um, a law in the state of Massachusetts.
We wear our seatbelts. That's a law. If you have Children or toddlers, they have to be in a car seat. That's a law. Our pets are part of our family. We should do the same for our pets that we do, you know, for ourselves and our other loved ones. And I ask respectfully that you take this matter seriously, whether you have a pet or you don't, it will save their lives. And um, I also want to add that not one piece of glass got into my Molly's carrier. She was traumatized. Yes, we both were, but she's alive were both alive. We weren't physically harmed. And to this very day, like I said, it was a year ago today, it was at three o'clock in the afternoon.
I'm reflecting about it and I'm very grateful that me and my dog are both here to tell this story to all of you. And I just again, hope that what I have to say. Plus I also sent an email that you can make this a reality. So people that are driving will have their pets either in a pet carrier or a seatbelt with a2840 harness or somebody there other than the driver physically holding the dog because it will save their dogs or cats or2849 whatever pet you have lives. So thank you very much and I appreciate your time and listening to me.
SHOW NON-ESSENTIAL DIALOGUE
Thank you. And you are fortunate coming through. Ok. And the way you described the accident and thank you for taking the time to turn this into uh something productive as a result of what you and your your dog went through. I don't see questions from members of the committee. I appreciate you um uh testifying and you did find today don't worry about the technology. It was great.2889 Also
also testifying signing up to testify on the same bill. We have eric brazil. Are you here?
I'll call him later. Come back just in case. Moving. Continuing on the list. Next on the list would be Deborah levy of the Auto glass Safety Council with regard to house 4445
Miss levy. Yes. Mr Chairman, you are free to testify. Thank you for joining us today.
DEB LEVY - AGSC - HB 4445 - Thank you and thank you so much for having me. I'm delighted to be here. Mr. Chair and members of the joint committee and members of the subcommittee. I am Deb Levy and I'm a member of the2940 board of directors and2941 an immediate past president of the Auto Glass Safety Council. AGSC as it is known is a not for profit organization that is dedicated to the proper and safe installation of auto glass. Our members are installation companies and technicians and suppliers of glass. They also supply adhesives and other supplies. Our members include insurance companies, safety advocates and those who provide auto glass information and services. Glass is not something you usually think about, but it's a very important part of the safety cocoon of the car.
AGSC has members in several countries and in all 50 states, including Massachusetts. In fact, four2983 of the five largest auto glass companies in the country are members of AGSC. I'm here to testify today in support of H 4445, which would create a state auto glass safety standard that meets or exceeds the2999 industry standard, which is known as the Aggressed Standard. That standard was developed by AGSC under the auspices of the American National Standards Institute ANSI which is the leading standard setting organization. The Aggressed Standard addresses technical aspects of auto glass installation as well as education certification of technicians and much more. It is evaluated continuously in3026 light of evolving technologies And it's been updated three times since its inception in 1999.
AGSC as an organization has also developed and manages a robust training and certification program, both for companies and technicians in compliance with that standard. It provides educational events online and in person and it produces materials to educate the public about safe installations as well. AGSC and the Aggressed Standard however, are voluntary organizations and voluntary industry standards. Federal agencies such as NHTSA National Highway Traffic Safety Administration do not regulate the installation of glass in the aftermarket and they have declined and repeatedly declined to do so as they are not an option. Standards only work when they are followed.
AGSC administers one of the most innovative self3079 regulation programs ever created in the automotive aftermarket, where we have little bit have a little bit of pride in that. Our member installation companies provide evidence that they follow the standard and they also undergo periodic on site audits by auditors that are procured and paid for by AGSC. Unfortunately, though not all auto glass companies are members, nor do all companies necessarily follow the standards thus the need for state legislation. Massachusetts does currently require the registration of auto glass repair companies for3114 consumer purposes, but it doesn't ensure that aftermarket windshields are installed in a safe manner by properly qualified and educated technicians.
This bill will implement these safety standards and ensure that windshield replacements are performed by trained and3132 qualified technicians in accordance with the latest safety procedures. The bill defines aftermarket safety glass replacement as glass itself that meets the safety requirements and adopts the standard for safe aftermarket installation. This legislation will reduce the number of catastrophic injuries and deaths resulting from automobile crashes in Massachusetts. In my role as the glass safety advocate, I3159 sometimes talk to technicians who express ignorance about the standard or worse, who know about it and say they don't follow it because it's just voluntary. It's not the law. They don't need to worry.
SHOW NON-ESSENTIAL DIALOGUE
if you could wrap up, we're well beyond three minutes. So please. My apologies. No worries. No worries.
LEVY - You can change all that today for the safety of everyone in Massachusetts with a favorable vote on this bill and I'm sorry I wasn't able to see the clock or I would have talked a little faster. SHOW NON-ESSENTIAL DIALOGUE
No, no, that's fine, that's fine. And thank you. And of course if there's written back up on3196 the technical issues that you've referenced, that's a big help to the committee will get them to you. Thank you. The record stays open for another week On the same bill, house 4445 we have Peter Brown mr Brown, are you with us? Yes I am. I am.
PETER BROWN - AGSC - HB 4445 - Thank you. Chair Straus and3220 Sheriff Crighton and the subcommittee. I appreciate the opportunity to testify I'll segway what Deb said. I'm also vice chair of the Auto Glass Safety Council. I've been a member since 1999. I am one3233 of those businesses that has been accredited by an outside auditing firm uh, that came in and in view of my installers and did all the uh, to follow the Aggressed standards and they're all certified through the Auto Glass Safety Council. I'm here to to strongly advise to recommend the House bill 4445. When we first started out in business. We've been in business since for about 45 years now.
Second generation, there wasn't a standard, there wasn't anything that we could follow as far as education and how to install properly. Now with the new technologies, we need that standard need a guideline for new businesses and old businesses to follow. And um it's been an honor to be a part of this whole situation because safety is number one in our business. And as we were talking about road construction and the and the upkeep of the roads, that's what's causing all these auto glass problems and installations that we're having right now. And with road construction you see a lot of driving, you see a lot of broken glass. We need to have the right people to do the right installations, we need the right direction for all those to follow. And right now the standard is voluntary. But with the new businesses, people startup, a lot of startup businesses are coming into the state. We want to promote that, but we need to promote it in a safe way. So I'm here to ask for your, for your favorite favoritism on House bill 4445 and thank you.
SHOW NON-ESSENTIAL DIALOGUE
Thank you Mr Brown uh, and thank you for taking the time to point this out. Um, the idea of the safety standards obviously is critical for, for everyone who was in the vehicle drivers or passengers. So thank you again, I don't see questions from members of the committee moving on with the witnesses who have signed up next would be brian will it uh from the military order of the Purple Hearts Department of massachusetts. Mr Willett, welcome to the Transportation Committee.
BRIAN WILLETTE - CONCERNED CITIZEN - HB 4436 - Thank you Mr3371 Chairman. It's it's an honor to be with you today. I'm here to speak on uh, Bill 4436 that was presented by Jake Oliveira regarding the Medal of Honor Highway that we're working on. So I won't go over the details that Jake went over. They were spot on. I will just add that uh, three recent events have occurred in Massachusetts related to the Medal of Honor, the christening of the Thomas Huttner, which was such a great community event um, throughout the state that we all, many of us attended. And also we've had to Medal of Honor uh, conventions held in Boston since 2016. So this is kind of a go to place for the, for the Medal of Honor folks and we did want to get this done prior to the convention just passed, but we had deferred due to the pandemic and the soldiers own tragedy et cetera.
So I'm here kind of what the, what this will do. It will give the many grateful citizens In these towns, especially along Route 20 another opportunity to, to thank their veterans to thank those in their community who have made the sacrifice who have gone above and beyond and realizing its unique honor. Um, but every time we honor a service member we're given an opportunity for us to honor all of our veterans along those communities are very, very patriotic communities along Route 20 and I'm coming to you from Western Mass and I grew up off of Route 20 in Springfield. Um I also have the unique position today of speaking for several of Massachusetts veterans organizations and the largest.
Uh I bring greetings from Doug3471 Wood the commander of the Veterans of Foreign Wars Department of Massachusetts who is in favor of this uh proposal. Sally Nay senior vice commander of the American Legion Department of Massachusetts, Jean Thoreau the attachment commander for the Sons of the American Legion, um Artie Macheda uh Commander of the Young Vets Department of Massachusetts and General Lynn Condrachuck who many of you know, commander of the Yankee Division Veterans Association and I'm associate with all those groups as an officer or an active participant. So they've asked me on their behalf to let you know the tens upon tens of thousands of their members who support the passage of the Route 20 Medal of Honor Highway Bill. And with that there's any questions I'd be happy to answer those.
SHOW NON-ESSENTIAL DIALOGUE
Thank you. Mr wallet. I don't think we have questions and obviously um as we do will work through uh rep Oliveira jake as you say. Uh but uh the I think the sentiment is clear there is never enough recognition or thanks that can be provided to those who have served us and3546 thank you for the work you do even post service to make sure that we keep those memories and honor those individuals so thank you. I don't see questions from the members of the committee so we'll get to work on this I promise. Absolutely sir there is a companion bill that john Velis has in, that's in the rules committee, I checked on it today. I don't know it's the companion bill to jakes3572 bill. Okay well thank you we'll we'll check into that, appreciate your pointing that out. Thank you very much Continuing on the list I see Tristan Israel from the Dukes County Commission with regard to house for 5-7 if you are here will recognize you and and hear from you. Welcome Welcome Thank you. I hope you can hear me.
TRISTAN ISRAEL - COMISSIONER DUKES COUNTY - HB 4527 - Uh thank you. Chairman Straus I think over the years I've been here a few times in front of you. My name, my name is Tristan Israel and I'm a county commissioner in Dukes County but I am speaking just as an individual member.3616 I've been involved in local island politics and government for 35 plus years. I'm asking that you table H 4527 until such time as the3623 citizens of Martha's Vineyard have had time to vet and discuss the proposal. Um the speed at which this bill has moved is not given the public or local boards on the island the time to do that. Uh3634 there may not be a need for this. Uh there may or may not be a need for this proposed change, but there should be an internal manner that the3649 board of governors at the steamship authority can look into.
Um to try and micromanage the steamship authority through legislation is not good practice. It does not seem an issue sufficient enough to open up to try and change the enabling legislation. It is a well worn cliche but it has lasted for many years here on the island due to its truthfulness and that is that the steamship authority is our lifeline. So I'm asking that you please either table or take no action today on H 4527 and thank you chairman and all the board members for your time to listen.
SHOW NON-ESSENTIAL DIALOGUE
Thank you thank you sir and thank you for your comments on the bill. Uh As you3705 say, I think we've interacted but authority issues as you know, I I represent one of the participating communities as well, voting members of the authority. Uh and the authority was well decades and decades ago, a creation of the legislature. So the legislation is not micromanaging in my view and and I would point out for those not familiar. The proposal comes to us from both. The reference senator who represent both of the critical islands. Obviously the vineyard and Nantucket but uh certainly will be expecting additional testimony on the record and I'll just repeat again uh and obviously urged to share it. The record for further written testimony is held open beyond today for another week, so we'll look forward to the input on this steamship authority issue. Thank you.3768 I don't see questions from members of the committee, thank you for being with us today at this point will continue on the hearing list. I believe the remaining witnesses are here3783 and I'll call them in order of signing up with regard to Senator Comerford bill first. I would call Karen Foster from the City Council of North3792 Hampton is Foster if you're here, Committee is happy to hear from you. I'm here.
KAREN FOSTER - COUNCILIOR NORTH HAMPTON - SB 2733 - Thanks so much for recognizing me, I appreciate it. Um I'm as you, as you mentioned, the city councillor for Ward 2 in North3810 Hampton, which is a downtown adjacent ward. Many of my constituents walk and bike into town and one of the issues I hear most often is concerns around safety for pedestrians and cyclists. Um the the accident that Senator Commerford um was definitely a tragedy and the impetus and I appreciate her leadership on this. Um you know, it's, there is a comprehensive approach that municipalities in the state need to partner on in order to improve roadway safety, particularly for cyclists and pedestrians. Um you know, that's going to include roadway design, driver behaviour, speed limits and increased funding for school transportation as we have many young people who are incentivized to drive um due to the high costs of school transportation.
Um so I appreciate that this bill is taking up one piece of driver behavior. Um as mentioned, um you know, it does include exceptions to allow for recording um with law enforcement interactions. Um and I think that those exceptions as well as consideration for enforcement, um you know, will need to be considered moving forward, but I would recommend this bill3876 to move forward out3878 of committee um and for further study and consideration. Thank you for your time.
SHOW NON-ESSENTIAL DIALOGUE
Thank you. Thank you counselor. I don't hear questions from the committee as you may have heard. Uh we expect to be looking at this in detail with the senator uh and thank you again for testifying today, continuing with the same on behalf of the same piece of legislation, joan3906 ring rose sellers and that's on Senate 2733. If you are here, we recognize you and I do want to point out and I apologize another committee member. Representative nathalie Blais has been with us through most of the hearing and through my oversight. I just hadn't acknowledged her before. Nice to see you rep joan ring row sellers. The floor is yours?
JOAN SELLERS - CONCERNED3943 CITIZEN - SB 2733 - Yes. Hi, good afternoon, Representative Straus and Senator Crighton Thank you for hosting this an emergency hearing on Bill S 2733 otherwise known as Charlie's law. Um Charlie Braun, he was struck and killed in October of 21 2021 by a Massachusetts resident and the person was driving the vehicle and Facetiming. Um, Charlie was my partner and we3965 have just celebrated our third anniversary and he had just moved in with me and in an instant3974 our life together was over. Um you know I loved Charlie and he was a great love to so many people in our community and his family.
Um he had a big heart and he was the kind of person that lit up the room when he walked in um and that bright light is needlessly gone from our lives. So in the aftermath of his death I became vigilantly aware of other drivers' cellphone use um needless to say the reason why I became quite aware um I witnessed two people Facetiming and multiple other motorists talking on the phone or just holding their phones and their hands while driving. And you know this was all within weeks of Charlie's death and I also became aware of the fact that I was receiving social media feed um feeds into my social media platforms, a video filmed by bloggers in moving vehicles.
So this prompted me to do a little research and so that's when I contacted um Senator Comerford and her and her team have done a fabulous job with research and working with attorneys to craft the language for this bill. I do hope that you will find this bill favorable and my hope is that any news of this new law um will reach into the hearts and minds of Massachusetts drivers and4097 send a4098 message that no one should be engaged with a camera in any capacity while they're driving. Um, and please note that the law is written um, written with the intention of preserving the rights of people to film, um, conduct outside of their vehicles and that right should be preserved in language when this law is found in a favorable light. So thank you for your consideration of my testimony and the written testimonies of our families and those from our community. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you so much for taking the time today. I think we all appreciate, I know I do. This was not an easy thing for you today. Uh, certainly to bring up as I'm sure you thought almost every day since last fall, the memories of him. And so, ah, that's just not easy. And, but you're here for a good reason to protect the safety of others going forward. Ah, and I do, I want the public to know that looking at videos is now explicitly against the law and part of the existing hands free statute which we passed last session. But that doesn't mean it's in violent and unable of being look at to make sure that the appropriate things are covered. And we're going to do that. I can assure you. Uh, and uh, again, words fail me to try and express
how, how hard I know this is for you, but we're going to work very hard on this and I think as I mentioned to the city councilor will be in touch with Senator Comerford with with regard to that. Thank you Again, I don't know if there are any questions from members of the committee, I don't hear any. Uh, so thank you again for taking the time today. You're welcome. Thank you Continuing on this bill, Senate 2733 from the mass pike. We have Galen uh, and Galen are I only use your first name because I know you, uh, if you're here, let me recognize you and uh
recognize you for before the committee.
GALEN MOOK - MASSBIKE - SB 2733 - Um, thank you um, for the opportunity to present to the committee here and thanks to the members of the joint Transportation Committee and Chairman Straus4245 and Chairman Crighton Great to have your leadership on the committee now and I look forward to working with you. Um, I would like to respectfully submit this testimony in support of S 2733 an act prohibiting video recording4258 or broadcasting while driving presented by Senator Joan Comerford. My name is Galen Mook I'm the executive director of MassBike with the Massachusetts Bicycle Coalition. It's a statewide nonprofit that's been operating and advocating for improved bicycling for everyone across Massachusetts since 1977.
So we've been since decades ago working with legislators to create safe statutes in order to enhance the safety on our roadways for everybody. We are in support of S 2733. This bill addresses a loophole which currently exists in the current hands free driving law and we are, I should say that we are very grateful to the legislature for passing the law in 2019 and working with this committee in that, and That certainly has strengthened the tools to educate drivers on the dangers of distracted driving. However, since 2019, we have seen technological developments and how video broadcasting has now become widespread through both handheld and dash mounted devices and we feel that this law helps address some of those technological leaps.
Um as technology of video screen recordings becomes more prevalent, it's even being built into4332 some of the dashboard experiences of automobiles. Um the legislature needs to be vigilant to keep the intention of the hands free cell phone use law relevant, which as I am sure we all agree is to prevent distracted driving.4346 And I'm sure we all agree and the severity of the danger of distracted driving cannot be overstated when bicycling or walking and driving around the streets of Massachusetts. We see it every day when drivers are not fully engaged and that's that's a serious problem. And S 2733 strengthens the intention of the original hands free law to prohibit this dangerous behavior and responds to the changing now popular technologies.
In working with Senator Comerford and her team. We do believe that the improved language of this bill sends a strong message to drivers and clearly states the responsibilities on the4383 road while still4384 preserving the rights to record in situations related to security and safety of individuals in the vehicle. We do think that this4393 does hold true to the civil rights needs of being able to record police interactions and for other passengers for the safety of the drivers in recording the passengers as advocates. MassBike and our partners. We will be watchful for how this law is implemented as is the case currently in the annual evaluation and bias.
In the current hands free law, we will be mindful of the potential for selective enforcement and our hope is that an updated statute here will be used to educate all drivers of the awesome responsibility in order to operate their vehicles fully engaged and again with the goal of preventing crashes here. Um, I hope to continue to work with the committee, fellow legislators out there and fellow advocates. Um, we hope to be able to assist the commonwealth in its goal for safer roads. We feel that this is one of the tools in our tool belt that we should be utilizing fully to our advantage to prevent these tragedies. Thank you very much for the consideration here4445 and for all the support that the committee has provided for making our roadways safer for all users.
SHOW NON-ESSENTIAL DIALOGUE
Thank you Mr mook. Great to see you and thank you for the testimony today on behalf of the mass pike coalition. Um I don't see questions from members of the committee. I will go back through the list. There's only one person I called who wasn't here. But let me Give him a second chance. This was with regard to house 4437 and that is Eric Brazil, are you with us? Mr brazil?
I guess not. Ok, so that concludes the witness list. Um and I don't think I think we've covered everyone. This is kind of that opportunity where someone would point out to me if I miss them, but I don't hear anyone. So that said the committee has closed the hearing and the record on the chapter 90 bill filed by Governor baker and the rest of those matters we heard today. The record will remain open for the receipt by the committee of additional written4523 or electronic statements in support or in opposition to the bills having nothing else on our agenda. I will entertain a motion to adjourn here a move and is there a second? I see seconds in this format all in favor. All opposed. We are adjourned. Thank you to the public. Thank you. The members of the committee. We'll be seeing you all soon. We are adjourned.
Mhm
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