Mass. Gen. Laws » Part I Title XXII Chapter 161A

Mass. Gen. Laws ch. 161A, § 1

Definitions

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Section 1. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:—

''Advisory board'', the advisory board to the authority established by section 7A.

''Area constituting the authority'', the service area of the authority consisting of the 14 cities and towns, the 51 cities and towns, and other served communities.

''Authority'', the Massachusetts Bay Transportation Authority established by section 2.

''Board'', the board of directors of the authority established by section 7.

''Capital investment program'', the program of capital spending adopted by the authority each fiscal year based on a five year capital spending projection that advances the program for mass transportation of the authority.

''Department'', the mass transit division within the department of transportation.

''Dedicated revenue source'', monies provided to the authority in accordance with section 35T of chapter 10.

''Equipment'', all rolling stock, and other conveyances, vehicles, rails, signal and control systems, lighting and power distribution systems, fences, station equipment, fare collection equipment, incidental apparatus and other tangible personal property, whether or not affixed to realty, required or convenient for the mass movement of persons.

''Express service'', all mass transportation service provided by or under the control of the authority, whether by ownership, lease, contract or otherwise, over rights of way with fully controlled access and restricted to the use of such service exclusively or on a shared basis with other mass transportation service, including, but not limited to, rapid transit service, the Highland Branch and Mattapan high-speed services and express bus, monorail and other similar services, and such term shall also mean all commuter railroad passenger service provided by or under the control of the authority.

''Fare revenue'', the amount of money directly paid by passengers on all modes of service, provided that said revenue shall include both the fares accounted for by the authority as revenues and as credits to expenditures.

''51 cities and towns'', the cities and towns of Bedford, Beverly, Braintree, Burlington, Canton, Cohasset, Concord, Danvers, Dedham, Dover, Framingham, Hamilton, Hingham, Holbrook, Hull, Lexington, Lincoln, Lynn, Lynnfield, Manchester-by-the-Sea, Marblehead, Medfield, Melrose, Middleton, Nahant, Natick, Needham, Norfolk, Norwood, Peabody, Quincy, Randolph, Reading, Salem, Saugus, Sharon, Stoneham, Swampscott, Topsfield, Wakefield, Walpole, Waltham, Wellesley, Wenham, Weston, Westwood, Weymouth, Wilmington, Winchester, Winthrop and Woburn.

''Fourteen cities and towns'', the cities and towns of Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Milton, Newton, Revere, Somerville and Watertown.

''Local service'', all mass transportation service provided by or under the control of the authority, other than express service.

''Massachusetts Bay Transportation Authority State and Local Assistance Fund'', the fund established pursuant to section 35T of chapter 10.

''Mass transportation facilities'', all real property, including land, improvements, terminals, stations, garages, yards, shops and structures appurtenant thereto, and all easements, air rights, licenses, permits and franchises, used in connection with the mass movement of persons.

''Maximize'', increase to the highest level possible consistent with the principles of sound financial planning and accepted transportation practices.

''Net operating investment per passenger-mile ratio'', the ratio whereby operating expenses minus the sum of nontransportation revenues and fare revenues are divided by passenger miles and expressed as a monetary amount per mile.

''Nontransportation revenues'', any and all authority revenue sources resulting from sources other than state or local taxes, state or authority bonds, federal mass transportation assistance and fares.

''Operating expense'', salaries, wages, benefits, materials and supplies, and purchased transportation, excluding debt service and capital expenses, for all modes of service.

''Other served communities'', the cities and towns of Abington, Acton, Amesbury, Andover, Ashburnham, Ashby, Ashland, Attleboro, Auburn, Ayer, Bellingham, Berkley, Billerica, Boxhorough, Boxford, Bridgewater, Brockton, Carlisle, Carver, Chelmsford, Dracut, Duxbury, East Bridgewater, Easton, Essex, Fitchburg, Foxborough, Franklin, Freetown, Georgetown, Gloucester, Grafton, Groton, Grove land, Halifax, Hanover, Hanson, Haverhill, Harvard, Holden, Holliston, Hopkinton, Ipswich, Kingston, Lakeville, Lancaster, Lawrence, Leicester, Leominster, Littleton, Lowell, Lunenburg, Mansfield, Marlborough, Marshfield, Maynard, Medway, Merrimac, Methuen, Middieborough. Millbury, Millis, Newbury, Newburyport, North Andover, North Attleborough, Northborough, Northbridge, Norton, North Reading, Norwell, Paxton, Pembroke, Plymouth, Plympton, Princeton, Raynham, Rehoboth, Rochester, Rockland. Rockport, Rowley, Salisbury, Scituate, Seekonk, Sherborn, Shirley, Shrewsbury, Southborough, Sterling, Stoughton, Stow, Sudbury, Sutton, Taunton, Tewksbury, Townsend, Tyngsborough, Upton, Wareham, Way land, West Boylston, West Bridgewater, Westborough, West Newbury, Westford, Westminster, Whitman, Worcester, Wrentham, and such other municipalities as may be added in accordance with section 6 or in accordance with any special act to the area constituting the authority.

''Passenger miles'', the sum of the distances ridden by each passenger for all modes of service.

''Program for mass transportation'', a comprehensive, coordinated program of construction, reconstruction, and development of mass transportation facilities and equipment throughout the area constituting the authority for the benefit of the inhabitants thereof and the commonwealth that establishes a planning horizon of not more than 20 years and incorporates an ongoing capital investment program.

''Rider'', a person whose residence is in one of the 14 cities or towns, one of 51 cities or towns, or one of the other served communities and uses local service or express service of the authority.

''Secretary'', the secretary of transportation for the department of transportation.

''Service quality standards'', objectives established by the authority for the effectiveness and quality of each mode of service, rapid transit, light rail, bus, and commuter rail, based on measurements of: (a) comfort, (b) communication, (c) convenience, (d) rider satisfaction, (e) reliability, (f) security, and (g) environmental benefit.

''System revenues'', revenues generated by the authority, excluding the dedicated revenue source and municipal assessments.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1975–2025 · leading case: Massachusetts Bay Transportation Authority v. City of Somerville
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Massachusetts Bay Transportation Authority v. City of Somerville (2008) mass “G. L. c. 161A, §§ 1, 3 (c) & (i). The MBTA has erected outdoor advertisements on its facilities in Melrose, and seeks to erect others on its facilities in Somerville.”
Massachusetts Bay Transportation Authority Advisory Board v. Massachusetts Bay Transportation Authority (1981) mass “The annual deficit of the MBTA, defined as the “net cost of service” in G. L. c. 161A, § 1, is certified to the Treasurer and Receiver General.”
Town of Maynard v. Massachusetts Bay Transportation Authority (1984) mass “The MBTA is a distinct entity, “a body politic and corporate,” made up of the “territory within and the inhabitants of” fourteen cities and towns, named in G. L. c. 161A, § 1, and an additional sixty-four cities and towns.”
Town of Millis v. Massachusetts Bay Transportation Authority (1975) mass “The town is one of the “sixty-four cities and towns” referred to in G. L. c. 161A, § 1, inserted by St. 1964, c.”
ATTORNEY GENERAL v. TOWN OF MILTON & Another; EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES, Third-Party (2025) mass · cites it 2× “[3] Chapter 40A defines an "MBTA community" to include "the [fourteen] cities and towns as defined in [G. L. c. 161A, § 1]." G. L. c. 40A, § 1A.”
Rodriguez v. Massachusetts Bay Transportation Authority (2017) massappct “G. L. c. 161A, §§ 1 and 2. The MBTA provides service from 138 commuter rail stations situated along fourteen routes.”
Outfront Media LLC v. Board of Assessors of Boston (2024) mass “161A contains a definition section addressing many of the terms in the statute, the word "use" is not defined in that section or elsewhere.”
Theodore v. Uber Technologies, Inc. (2020) mad “” M.G.L. c. 161A § 1 (the “area constituting the authority” of the MBTA is “the service area of the authority consisting of the 14 cities and towns, the 51 cities and towns, and other served communities,” which are all defined terms under the statute).”
Massachusetts Bay Transportation Authority Advisory Board v. Governor (1981) mass “From that total, pursuant to G. L. c. 161A, § 1, there were deducted income and Federal and State assistance payments.”
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