General Laws of Massachusetts - Chapter 90I Complete Streets Program - Section 1 Complete streets program; certification as complete streets community; rules and regulations; advisory committee; annual report

[ Text of section added by 2014, 79, Sec. 9 effective April 18, 2014.]

  Section 1. (a) As used in this chapter, the following words, unless the context clearly requires otherwise, shall have the following meanings:--

  "Certified municipality'', a city or town that has been certified by the department pursuant to subsection (c).

  "Complete streets'', streets that provide accommodations for users of all transportation modes including, but not limited to, walking, cycling, public transportation, automobiles and freight.

  "Department'', the Massachusetts Department of Transportation.

  "Program'', the complete streets certification program.

  (b) The department shall establish a complete streets certification program to encourage municipalities to regularly and routinely include complete streets design elements and infrastructure on locally-funded roads.

  (c) To be certified as a complete streets community, a municipality shall: (i) file an application with the department in a form and manner prescribed by the department; (ii) adopt a complete streets by-law, ordinance or administrative policy in a manner which shall be approved by the department and which shall include at least 1 public hearing; provided, however, that the by-law, ordinance or administrative policy shall identify the body, individual or entity responsible for carrying out the complete streets program; (iii) coordinate with the department to confirm the accuracy of the baseline inventory of pedestrian and bicycle accommodations in order to identify priority projects; (iv) develop procedures to follow when conducting municipal road repairs, upgrades or expansion projects on public rights-of-way in order to incorporate complete streets elements; (v) establish a review process for all private development proposals in order to ensure complete streets components are incorporated into new construction; (vi) set a municipal goal for an increased mode share for walking, cycling and public transportation, where applicable, to be met within 5 years and develop a program to reach that goal; and (vii) submit an annual progress report to the department. Certified municipalities shall be eligible to receive funding pursuant to the program.

  (d) This section shall take effect in a city with a Plan D or Plan E charter, by a vote of the city council upon submission by the city manager and in all other cities by a vote of the city council with the approval of the mayor and in a town with a town council, by vote of the town council and in all other towns, by a vote of the town meeting.

  (e) The department shall adopt rules, regulations or guidelines for the administration and enforcement of this section including, but not limited to, establishing applicant selection criteria, funding priority, application forms and procedures, grant distribution and other requirements.

  (f) The governor shall appoint an advisory committee to assist the department in developing the rules, regulations or guidelines for the program, including the development of a model complete streets by-law or ordinance. The advisory committee shall consist of 12 persons to be appointed by the governor, 3 of whom shall be from different regional planning agencies in the Massachusetts Association of Regional Planning Agencies, 2 of whom shall be residents of gateway municipalities as defined in section 3A of chapter 23A and 1 of whom shall be from each of the following organizations: the Metropolitan Area Planning Council, the department of public health, the Massachusetts Municipal Association, Inc., the Massachusetts Bicycle Coalition, Inc., WalkBoston, Inc., the Livable Streets Transportation Alliance of Boston, Inc., and the Massachusetts Association of Chamber of Commerce Executives, Inc.

  (g) The department shall annually, not later than April 1, submit a report detailing the program's progress during the previous calendar year to the clerks of the senate and house of representatives who shall forward the same to the joint committee on transportation and the joint committee on public health. The report shall be made available on the department's website.

Section:  1

Last modified: September 11, 2015