Global Warming Solutions Act Requirements for Transportation

(1) Purpose Scope and Authority. 310 CMR 60.05 is promulgated pursuant to M.G.L. c. 21N, § 3(d) and is also promulgated pursuant to M.G.L. c. 21A, §§ 2, 8 and 16, and M.G.L. c. 111, §§ 2C and 142A through 142M, to prevent and abate conditions of air pollution from the greenhouse gas emissions from the mobile sources specified in 310 CMR 60.05. The purpose of 310 CMR 60.05 is to assist the Commonwealth in achieving the GHG emissions reduction goals adopted pursuant to M.G.L. c. 21N, § (3)(b) and to establish an annually declining aggregate GHG emissions limit pursuant to M.G.L. c. 21N, § 3(d), by: (a) Requiring MassDOT to demonstrate its aggregate MassDOT GHG emissions reduction limits as established in 310 CMR 60.05(6) are achieved; (b) Requiring the MPOs to evaluate and report the aggregate transportation GHG emissions impacts of Regional Transportation Plans (RTPs), and Transportation Improvement Programs (TIPs); (c) Requiring the MPOs, in consultation with MassDOT, to develop and utilize procedures to prioritize and select projects in RTPs and TIPs based on factors that include aggregate transportation GHG emissions impacts; and (d) Requiring MassDOT to evaluate and report the aggregate transportation GHG emissions impacts of State Transportation Improvement Programs (STIPs) and state-funded projects that are not included in STIPs. (2) Definitions. Aggregate Transportation GHG Emissions means total GHG emissions estimated by MassDOT, in collaboration with the Department, from the multimodal surface transportation system and its facilities including the highway and transit networks. Aggregate MassDOT GHG Emissions means total GHG emissions estimated by MassDOT as occurring from the combustion of fuels in mobile equipment owned by MassDOT and the MBTA and of heating fuels at MassDOT and MBTA facilities. Appropriate Planning Assumptions means the data, models, and expectations about future year conditions that serve as inputs to forecasting models used for estimating future year GHG emissions. This shall include best assumptions about future land use, transportation system condition and operations, and travel costs. Build Condition means transportation facilities and projects that have a reasonable expectation of being open and operating by the end of applicable milestone and horizon years (e.g., 2020, 2030, 2035, and 2040, as appropriate). Consultation means one party confers with another identified party, provides all appropriate information to that party needed for meaningful input, and, prior to taking any action, considers the views of that party and responds to those views in a timely, substantive written manner prior to any final decision on such action. Such views and written response shall be made part of the record of any decision or action. Department means the Massachusetts Department of Environmental Protection. EOEEA means the Massachusetts Executive Office of Energy and Environmental Affairs. Greenhouse Gas (GHG) Emissions means, for the purposes of 310 CMR 60.05, carbon dioxide (CO ). Horizon Year means a year for which the transportation plan describes the envisioned transportation system. MassDOT means the Massachusetts Department of Transportation. Metropolitan Planning Organizations (MPOs) means the Massachusetts organizations designated as being responsible, together with the Commonwealth, for conducting the continuing, cooperative, and comprehensive planning process under 23 U.S.C. 134 and 49 U.S.C. §§ 5301 through 5340. It is the forum for cooperative transportation decision-making. For the purposes of 310 CMR 60.05,Regional Planning Agencies (RPA) in the Commonwealth of Massachusetts which have not been formally designated as MPOs under 23 U.S.C. 134 and 49 U.S.C. §§ 5301 through 5340 shall be subject to the same requirements as MPOs under 310 CMR 60.05. No-build Condition means existing transportation facilities plus those projects that are under construction, have been advertised, or have been included in the first year of the RTPs, TIPs or STIPs. Regional Planning Agencies (RPA) means one of the 13 Massachusetts commissions, councils, or councils of government authorized to be formed under M.G.L. c. 40B. Regional Transit Authority (RTA) means one of the 16 Massachusetts regional transit authorities including the Massachusetts Bay Transportation Authority (MBTA). Regional Transportation Plan (RTP) means the official intermodal metropolitan transportation plan that is developed through the metropolitan planning process for the metropolitan planning area, developed pursuant to 23 CFR Part 450. Statewide Transportation Improvement Program (STIP) means the compilation of the 13 regional TIPs prepared annually by MassDOT and includes a listing of priority transportation projects (highway and transit) listed by funding category and fiscal year. Transportation GHG Emissions Impact means an increase or decrease of GHG emissions from the combustion of fuels in vehicles traveling on roadways in Massachusetts. Transportation Improvement Program (TIP) means a staged, multiyear, intermodal program of transportation projects covering a metropolitan planning area which is consistent with the regional transportation plan, and developed pursuant to 23 CFR Part 450. (3) Applicability. (a) General. The provisions of 310 CMR 60.05 shall apply to MassDOT, MPOs, RTAs, the Department and EOEEA. (4) Effective Dates. (a) MassDOT and the MPOs shall apply the requirements of 310 CMR 60.05(5) to RTPs, TIPs, and STIPs effective October 1, 2015, with the start of federal fiscal year 2016. In keeping with this effective date, the GHG emission analysis shall be included in the RTPs, TIPs, and STIPs that are due on September 30, 2015, and in each subsequent version of these documents. (b) 310 CMR 60.05(6) and (7) shall apply to MassDOT beginning in calendar year 2018. (5) General Requirements for Transportation Planning and Investment. (a) The MPOs shall: 1. Evaluate and report the aggregate transportation GHG emissions impacts of RTPs and TIPs. 2. In consultation with MassDOT, develop and utilize procedures to prioritize and select projects in RTPs and TIPs based on factors that include aggregate transportation GHG emissions impacts. 3. Quantify net transportation GHG emissions impacts resulting from the projects in RTPs and TIPs and certify in a statement included with RTPs and TIPs pursuant to 23 CFR Part 450 that the MPO has made efforts to minimize aggregate transportation GHG emissions impacts. 4. Determine in consultation with the RPA that the appropriate planning assumptions used for transportation GHG emissions modeling are consistent with local land use policies, or that local authorities have made documented and credible commitments to establishing such consistency. (b) MassDOT shall evaluate and report the transportation GHG emissions impacts of STIPs and state-funded projects that are not included in STIPs. (c) Prior to adoption and approval of RTPs and TIPs by MPOs and STIPs by MassDOT, MassDOT shall: 1. Determine that the MPOs have adopted and implemented procedures to prioritize and select projects in the RTPs and TIPs based on factors that include aggregate transportation GHG emissions impacts. 2. Calculate the net GHG transportation emission reductions achieved through implementation of the projects and programs included in RTPs, TIPs, STIPs, and state-funded projects that are not included in STIPs. 3. Determine in consultation with the RPAs that the appropriate planning assumptions used for transportation GHG emissions modeling are consistent with existing local land use policies, or that local authorities have made documented and credible commitments to establishing such consistency. (d) MassDOT shall certify that the requirements of 310 CMR 60.05(5)(a) through (c) have been met in a statement included with the endorsed RTPs, TIPs, and STIPs pursuant to 23 CFR Part 450. (6) Requirements for Aggregate MassDOT GHG Emissions. (a) MassDOT shall: 1. Quantify aggregate MassDOT GHG emissions annually to demonstrate whether the aggregate emissions limits in Table 310 CMR 60.05(6) have been achieved. 2. Report to the Department, by March 1, 2019, March 1, 2020 and March 1, 2021, aggregate MassDOT GHG emissions for the prior calendar year, in an electronic format specified by the Department. 3. The March 1 report shall address any exceedance of the limits in 310 CMR st