Massachusetts General Laws
Chapter 6c - Massachusetts Department of Transportation
Section 12a - Performance and Asset Management Advisory Council

Section 12A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Council'', the performance and asset management advisory council created under this section.
''Local transportation agency'', the city, town or other governmental entity's department of transportation or public works that has jurisdiction over the transportation assets in that city, town or entity and that receives state or federal funding.
''Performance and asset management system'', the permanent, comprehensive and integrated system, developed by the department pursuant to sections 6 and 12, that require the operation, maintenance, upgrade and expansion of all transportation assets, that are cost-effectively administered throughout their lifecycle, by continuously updating physical inventory, condition assessments and performance information.
''Transportation assets'', capital assets, including but not limited to, any city, town, county or state highway, road, street, pavement, parkway, facilities, structures, construction and maintenance equipment, vehicles, real estate, materials, corporate data and information, equipment, rolling stock, infrastructure and facilities for use in public transportation; ground and water transportation facilities and equipment; and any rights-of-way, bridges, tunnels, railroad highway crossings, drainage structures, signs and guardrails.
(b) There shall be a performance and asset management advisory council charged with advising the board on the creation of an integrated asset management system pursuant to section 12.
The council shall consist of the secretary, who shall serve as chair, and the following members as appointed by the secretary: 2 members of the board, 2 members from the Massachusetts Municipal Association, 2 members from different regional planning agencies, 1 member from the construction industry, and 1 member from a business association. Each member shall be appointed for a term of 3 years. The council may appoint a technical assistance panel, to serve in an advisory, non-binding capacity, which shall be comprised of transportation planning, construction and engineering associations. The council shall determine the scope of research and assign projects to the technical assistance panel as necessary in the development of statewide policies. The department shall provide the council with qualified administrative staff and the regional planning agencies may provide qualified technical assistance to the council.
(c) The council shall review the criteria required for the performance measurement system pursuant to subsection (b) of section 6 and the comprehensive long-term capital plan required by section 11A. The council shall make a report to the board on the following: (i) improvements that can be made to ensure comprehensive multi-modal transportation planning and analysis; (ii) additional performance metrics, such as enterprise-wide measures across modes, contract management, procurement, project controls, financials, organizational and prioritization outcomes; and (iii) economic development impacts, and benchmarks measured against performance by other states and countries. The council shall make recommendations on the processes and tools needed to implement a strategy for the performance and asset management system.
(d) The council shall present minimum standards and guidelines delineating standardized data and information that shall be contained in the performance and asset management systems, including the complete integration of transit, highway, aeronautics, water and port assets, and the possible inclusion of municipal roadways. The minimum standards shall include: (i) the keeping of accurate and uniform records of real transportation assets, (ii) the mileage and condition of each road and bridge system under various jurisdictions, (iii) the receipts and disbursements of road, street and transit funds, (iv) a multiyear compilation of projects anticipated to be contracted for or by the department or local transportation agencies that are funded in whole or in part with state or federal funds, and (v) any other categories established by the council. The council shall recognize the differences in local, regional or other agencies' circumstances and nothing in this section shall prohibit a local transportation agency or other governmental agency from using a separate asset management process on any eligible system. All quality control standards and protocols shall, at a minimum, be consistent with any existing federal requirements and regulations and existing government accounting standards.
(e) On or before October 1 of each year, the council shall provide an annual progress report on the performance and asset management system to the house and senate committees on ways and means and the joint committee on transportation.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title II - Executive and Administrative Officers of the Commonwealth

Chapter 6c - Massachusetts Department of Transportation

Section 1 - Definitions

Section 2 - Creation; Board of Directors; Officers and Employees

Section 3 - Powers

Section 4 - Massachusetts Transportation Trust Fund

Section 5 - Organization and Function as a Single State Agency for Administrative Purposes; Reporting Requirements

Section 6 - Office of Performance Management and Innovation; Duties

Section 6a - Office of Performance Management and Innovation; Goals

Section 7 - Employee Performance Evaluation Program

Section 8 - Money Received to Be Held as Trust Funds

Section 9 - Internal Special Audit Unit

Section 10 - Office of Transportation Planning

Section 11 - Publication of Comprehensive State Transportation Plan; Report on Plan Compliance; Equitable Capital Expenditures

Section 11a - Project Selection Advisory Council

Section 12 - Integrated Asset Management System

Section 12a - Performance and Asset Management Advisory Council

Section 13 - Toll Roads, Bridges and Tunnels; Authority to Collect Tolls; Limitations; Use of Revenue

Section 14 - Department as Public Agency for Purposes of State Contracts

Section 15 - Department as Public Agency for Purposes of State Finance Law

Section 16 - Annual Finance Plan

Section 17 - Refinancing of Bonds Relating to Financing of the Turnpike and Metropolitan Highway System

Section 18 - Appearance by Office of the Attorney General in Civil Proceedings Against the Department

Section 19 - Eminent Domain Powers of Department

Section 20 - Sale of Real Property; Procedure; Sale of Buildings or Other Structures

Section 21 - Abandoned, Mislaid or Lost Property; Sale of Unclaimed Property

Section 22 - Enforcement by Superior Court Department

Section 23 - Termination of Department

Section 24 - Investigations, Studies, Grant Applications and Applications for Project Approvals; Lease, Loan, Grant or Conveyance of Real or Personal Property to Department

Section 25 - Conduct of Secretary, Administrators and Directors

Section 26 - Application of Chapter 12a

Section 27 - Exemption From Taxes or Assessments

Section 28 - Annual Revenue and Expenditure Report

Section 29 - Office of Planning and Programming; Secretary

Section 30 - Duties of the Office of Planning and Programming; Agencies Within the Office; Duties of the Secretary

Section 31 - Administrative Units Within the Office of Planning and Programming

Section 32 - Federal Gifts, Loans or Grants-in-Aid for Improved Transportation Management Systems

Section 33 - Healthy Transportation Compact

Section 34 - Fiscal Analysis Prior to Expending of Funds or Final Approval of Transportation Infrastructure Project

Section 35 - Annual Report of Department's Activities

Section 36 - Definitions Applicable to Secs. 41 to 56

Section 37 - Division of Highways; Administrator

Section 38 - Duties of the Division of Highways

Section 39 - Administrative Units Within the Division of Highways; Description of Organization; Appointments

Section 40 - Procedure for Recommending Approval or Disapproval of Contracts

Section 41 - Engineering Internship Program

Section 42 - Co-Operative Engineer Program

Section 43 - Real Estate Appraisal Review Board

Section 44 - Functional Replacement of Real Property in Public Ownership; Relocation of Utility or Utility Facility

Section 46 - Lease of Air Rights Over Land Owned by the Department in Connection With the Turnpike and the Boston Extension Portion of the Metropolitan Highway System

Section 46a - Lease of Land Owned by the Department and No Longer Required for the Turnpike or the Boston Extension of the Metropolitan Highway System

Section 50 - Regional Mobility Assistance Program

Section 51 - Definitions Applicable to Secs. 52 to 54

Section 52 - Mass Transit Division; Administrator

Section 53 - Duties of the Mass Transit Division

Section 54 - Administrative Units Within the Mass Transit Division; Statement of Organization

Section 55 - Definitions Applicable to Secs. 56 to 57

Section 56 - Registry of Motor Vehicles; Administrator

Section 57 - Administrative Units Within the Registry of Motor Vehicles; Statement of Organization

Section 57a - Motor Vehicle Insurance Merit Rating Board

Section 58 - Definitions Applicable to Secs. 59 to 61

Section 59 - Aeronautics Division; Administrator

Section 60 - Duties of the Aeronautics Division

Section 61 - Administrative Units Within the Aeronautics Division; Statement of Organization

Section 62 - Definitions Applicable to Secs. 62 to 73

Section 63 - Contracts for Design-Build-Finance-Operate-Maintain or Design-Build-Operate-Maintain Services

Section 64 - Request for Proposals; Content of Public–private Agreement

Section 65 - End of Term or Termination of Public–private Agreement

Section 66 - Rights of Department Upon Material Default by an Operator

Section 67 - Issue and Sale of Bonds or Notes of the Department

Section 68 - Acceptance of Funds From the United States and Other Sources

Section 69 - Application of Sec. 26

Section 70 - Exercise of Power of Eminent Domain

Section 71 - Powers and Jurisdiction of Law Enforcement Officers

Section 72 - Waiver of Sovereign Immunity Not Limited

Section 73 - Public-Private Partnership Infrastructure Oversight Commission

Section 74 - Repair or Rehabilitation of Certain Signs or Markers Abutting Highway or Turnpike Projects

Section 75 - Contracts With Fuel Providers to Provide for the Consumption of Alternative Fuel

Section 76 - Removal and Storage of Vehicle Left Unattended at State-Owned Park and Ride Facility

Section 77 - Job Order Contracts