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Association for Public Transportation, Inc.

CENTRAL ARTERY ENVIRONMENTAL OVERSIGHT COMMITTEE

THE TRANSIT COMMITMENTS:
A PROGRESS REPORT

22 November 2004, 3 p.m.

Notes recorded by Barry M. Steinberg

Chairman, Robert Tuchman (Hale and Dorr):  One of the four areas the EOC (Environmental Oversight Committee) has been following since 1991 is transit. A whole series of mitigation measures were adopted.

At the time the decision was made, there was a host of projects at the MBTA, a $3 billion undertaking at the time. At the time, it was expected that some of these projects would be altered or substituted. The T has done this, e.g. enhancing the signal system on the Orange Line to allow for added cars. The Department of Environmental Protection is also responsible to see that goals are met. A number of projects have not yet been done; the Conservation Law Foundation has said this is not appropriate.

We asked Mike Mulhern to report to us on how we are coming on these projects. A lot of people in this room are quite interested. About six months ago, we had a meeting of the EOC about this, so this current meeting is an update on how we stand on the mitigation measures.

Michael H. Mulhern, General Manager, Massachusetts Bay Transportation Authority: On 1 September 2000, the Executive Office of Transportation and Construction of the Commonwealth of Massachusetts (EOTC) administration consented to report yearly to the Executive Office of Environmental Affairs (EOEA) about the status of transit commitments.

There has been progress on Greenbush, the Silver Line Phase II, which is scheduled to open mid-December, and Aquarium Station and Airport stations are open.  Government Center, Maverick and State stations are next.

The Arborway line, the Blue-Red Connector and the Green Line extension are not yet built.

The T recognizes the benefits of transit to air quality. There is a need for public involvement in any change to the plan, in consultation with relevant Metropolitan Planning Organizations (MPOs). All federally-mandated plans must be followed through.  The T cannot however afford to fund any projects beyond those already programmed. We support any additional funding for projects.

Tuchman: When the Commonwealth agreed to $3 billion of enhancement, it didn't commit to spending the money. Three years ago, the T began to be forward funded and 1¢ of the sales tax was dedicated to the T. At the time, the EOC said this is nor really fair. They are obligations of the Commonwealth as a whole. Mike can only do what he can do with the funds he has.

Robert Gollege, Commissioner, Department of Environmental Protection:  It is worthwhile to talk about the concept of these things. Since 2000, when the administrative consent order was agreed, many things have happened.  No matter what we do in Massachusetts, we are still going to have clean air problems due to what our neighbors upwind do.  Transit is a subset of items that are included in mitigation.

The first public meeting on the 3 projects [i.e. Arborway, Blue-Red Connection and Green Line extension] and the evaluation process is going to be held on 14 December at 1 p.m. to 4 p.m. at the Gardner Auditorium at the State House. That is an important first step.  Last April, we anticipated having this process more advanced than it is. There is a lot of interest in this issue, both pro and con.

The other thing is a result of the annual report; we are commencing the process. We at the DEP have responsibilities.

What are the air quality benefits due to projects, and the effects of the time delay? The two processes will be going on concurrently.

Another milestone is on emissions: We have revised the contract to upgrade the sensors at 50% of the stations.

Tuchman: In terms of the enforcement process, what is the basis of violations cited? Are there penalties?

Golledge: The DEP rôle is to assure better than or equal air quality. There are five areas we have noted non-compliance. Some we anticipate the Executive Office of Transportation (EOT, formerly Executive Office of Transportation and Construction) will be late on:

The Arborway project, looking back, has been around for fifteen years. The question of feasibility has been resolved.

Tuchman: It seems that there is backtracking.

Mulhern: The T submitted studies on this twice to the EOEA showing that the Arborway was infeasible. The EOEA rejected the points, and directed us to proceed on. We are working on an environmental impact report (EIR). The problem with the design is the geometry of the street. From curb to car and from car to curb. I have directed my staff to continue with the final document, which should be complete in the next few months.

Tuchman: The EOC is especially concerned about the process of deciding which projects are in and which are out, and which impact on the real estate market.

Golledge: In the history of documents, there are some obligations for us to enforce. Overall, the message is we need public comment. Air quality criteria and transportation criteria continue to get comments on both sides of these projects. I think the goal over the next six months is to get our arms around this.

Franklyn Salimbene, The Arborway Committee: Relative to Arborway, you established the Arborway Rail Restoration Advisory Committee. This was to be a public process. Now you are telling us your office is going to complete the report in a couple of months, but yet the Committee has not met for months. It seems it is not a public process using objective criteria. As a result, I am skeptical about beginning another public process concerning the Arborway with the DEP.

Golledge: I would suggest that people come to the December meeting.

Tuchman: It is not effective to accept public comments and then ignore them.

Mulhern: I have been at more meetings about Arborway than any other subject. We have traffic and other information, and can make this information public. The problems have gotten more difficult rather than better. We will not be able to operate the line better now than fifteen years ago, now that auto ownership if 50% greater in the Boston area.

Tuchman: What is the rôle of public groups? This has been going on, but doesn't produce work?

Sarah Wormiel, Jamaica Plain: The Regional Transportation Advisory Council (RTAC) process is not the same as the public process. There has not been the opportunity of a general process. Why is the planning for Arborway continuing when a substitute project might be better?

Tuchman: There is general agreement that air should be cleaner, but there are other goals as well.

Mark Draisen, Metropolitan Area Planning Council:  We are at the point of beginning of the review process. The EOT is in the beginning of a 25-year process. How are these going to come together.?

Golledge: The processes you laid out are a reason we have been delayed. All these things have to happen concurrently. Further complication: ozone standards must be completed and strategies must be completed by April 2006. This is difficult.

Wig Zamore, Somerville: We are concerned about your ability to meet your commitments to Somerville. If you are not responsible, can you get the people who ARE responsible together. It seems you do not have the authority to carry out your responsibilities.

See the long range pattern of mortality in Somerville, as noted in the following graph. So my question is: how is your process proceeding in light of this mortality?

graph of excess lung cancer and heart attack deaths

Source: Somerville Transportation Equity Partnership (STEP)

Golledge: The Department of Environmental Protection has been ruling on a number of fronts, e.g. school bus idling in light of pollution. It is a difficult issue you are raising.

Zamore: If we can be more transparent, that is the scale of issue we are enduring. We must get solutions at the same scale.

Gollege: This is a local, state and federal problem. For example, SUVs have poor efficiencies. There is no silver bullet.

Tuchman: What we see is a lot of people are going to put a lot of effort into slivering the problem at their levels of responsibility. We could just shut down factories.

Zamore: No, it wouldn't be enough.

Tuchman: Not only the Commonwealth's efforts, but everyone else's as well.

Karen Wepsic: Is the plan for extra Orange Line equipment to wait for procurement?

Mulhern: We are watching to see what technology is necessary. The original concept of retrofitting the old Blue Line cars is not cost-effective. The primary emphasis has been on improving the signal system.

Jeanne Forrestal, Beacon Hill: Regarding the 14 December meeting, how will the public be informed about the meeting? Are there alternate locations?

Golledge: There will be other meetings.

Forrestal: A lot of people work and cannot make it at the middle of the day. Do "‘environmental" questions include that of handicapped access? No.

With regard to the extension to Medford, would that include improvement to existing stations, namely Science Park as well as Lechmere?

Mulhern: Science Park and Wollaston are not currently in our capital program. We need to get them to assure that the entire system is accessible.

Q: A Science Park station was temporary in the 1950's. What about a permanent station?

Mulhern: I agree. The T's focus is on maintaining what we have. We have to get to these two stations. We do NOT have to go through a lengthy process.

Q: There was to be a health study of Logan. When is Maverick due to start?

Golledge: We need money for the study.

Mulhern: Maverick is out for advertisement now. The platform will be ready in 2006, but full construction will proceed into 2007. The city wants us to do water and sewer work at the same time, but this has delayed the project. The bottom line is that the project is under way.

Tuchman: There was a split between the Americans with Disabilities Act (ADA) compliance and operational questions.

Mulhern: Our emphasis is on air quality benefit of six-car trains, but also on ADA compliance.

Q.: You should go back to the Governor and tell him we need leadership to find the dollars.

Tuchman: The legislature and the executive should come together to help this. The community as a whole should get together on that. We also have to look for federal help.

Lawrence Taylor, Somerville: Can anyone refute the information in the flyer about deaths due to air quality?

Golledge:   Urban environments have disproportional problems of air quality. There has been a lot of attention on national level due to federal funding for the Big Dig.

There has been concern on multiple fronts. If we zeroed out transportation, we would still have pollution problems due to New Jersey, New York and Connecticut. If you take a look at national areas of non-attainment, the east coast and Texas are concentrations.

Mulhern: We are not losing time. The public wants us to look at alternate alignments to Somerville as we continue to work on this.

Anne Fanton: Can you put out more information as to what kind of input you want prior to the 14 December hearing? For example, using the Boston Globe'sStarts and Stops column? You might get the Arborway people or the Red-Blue people, but that should not be the sole purpose. You want information on how to develop the process. When you have the meeting, what information will you make public? For example, Central Transportation Planning Staff information on the lessening need for the Red-Blue Connector due to the opening of the Silver Line?

Golledge: Candidly, the purpose of the meeting is to get the process going. We will not be able to get something out in advance of the meeting. To try to boil this down to sound bites, to small points, is impossible. But if you have some thoughts, contact me.

Tuchman: We have an e-mail address.

Fanton: About studies?

Mulhern: We are going to make information available. The Federal Government has been changing the criteria of study. We are trying to get the rating for the Silver Line [Phase III] restored.

Kerri Schneider, Conservation Law Foundation: We must keep this in perspective. We have transit commitments made, but not done. What are you doing about these projects regarding a timeline?

Gollege: We are going to issue a statement of non-compliance, and will quantify what is involved and assess fines. At the same time, we are acutely aware that the T is financially strapped and that high financial penalties are not going to help this.

Tuchman: What about a penalty against the Commonwealth, not the T?

Q: About the annual rehashing of commitments. Since the 1990s, the ticket to building the little tunnel for the Red-Blue Connector. I am frustrated: You are inviting the public to a State House meeting that has no agenda. I am angry.

Mulhern: It is important to show the successes.

Arborway has controversial issues.

Green Line to Medford by 2012.

Blue-Red Connector by 2012.

Q: But that was supposed to happen BEFORE a shovelful of dirt on the highway.

Mulhern: But we have done a lot of things that were above and beyond the commitments made. Often the land acquisition process takes time. It is not for a lack of effort.

Tuchman: A lot of people here are interested not only in open space or transportation, but also schools. Legislators have a responsibility.

State Rep. Patricia Jehlen (Somerville): I ask you to consider environmental justice. We need the executive office advocating also. We need a time line for the Green Line extension. Who is responsible for this?

Golledge: Through this process all decisions are going to be made.

Jehlen: Someone in the Executive Office needs to write when all these things are going to be made.

Golledge: I would think optimistically six months. I don't think it is that simple.

Robert LaTrémouille: There is vague talk about the Urban Ring moving outward.

Mulhern: Part of the Green Line extension is an approach to Union Square, but this was not part of the original transit commitments.

Jeremy Marin, Sierra Club: This seems like a cluster bomb. We have problems today, not eventually. The Silver Line Phase III would serve people. Other options would help, but yet still there is no silver bullet. One possible revenue source for transit is the automobile registration.

Q: When will the Blue Line have six-car trains to Bowdoin?

Mulhern: Bowdoin Station will be closed when the new Government Center Station is on line. For Orient Heights, Maverick and State stations, little planning is needed.

Q: When?

A: The vehicles are in the manufacture phase by Siemens right now. Pilot trains are due in next summer.

Q: If Bowdoin is closing, where is the Blue-Red Connection?

A: Coming from Government Center.

Chris Hart, Adaptive Environments: We need to be very conscious that what we call the "public process" is a legal requirement. We need a reply acknowledging our comments. Where you have been doing the public process for fourteen years, we need the acknowledgement that it is really incorporated into the process.

There was the appointment of a study commission that was not inclusive. We have not been trying to make a commitment involving everyone. We have to learn from our colleagues in London and Sydney.

Golledge: I misspoke. We have issued a notice of non-compliance in the past. This one would be more stringent.