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An Act establishing a brick sidewalk accessibility program 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The General Laws are hereby amended by inserting after chapter 90K the following chapter:-

Chapter 90L

SIDEWALK ACCESSIBILITY PROGRAM

Section 1. As used in this chapter, the following words shall, unless the context clearly

requires otherwise, have the following meanings:

“Accessible sidewalk”, a sidewalk or pedestrian way designed and constructed to provide barrier-free access for persons of all ages and abilities, including individuals with disabilities, consistent with the standards of the Americans with Disabilities Act of 1990 (“ADA”), the regulations promulgated thereunder, and any applicable state or local accessibility requirements.

“Department”, the Massachusetts Department of Transportation.

“Sidewalk accessibility program” or “program”, the program established this chapter to provide grants and technical assistance to municipalities for the repair and maintenance of brick sidewalks and curb ramps.

“Qualifying municipality”, a city or town within the commonwealth with existing brick, or partial brick, sidewalks that are not in compliance with the ADA. 

“Sidewalk improvement”, any activity related to the planning, design, repair, or maintenance of a brick sidewalk; or curb ramp or pedestrian facility connected to a brick sidewalk intended to improve accessibility and safety.

Section 2. There shall be within the department a sidewalk accessibility program to provide grants to qualifying municipalities to encourage municipalities to regularly and routinely include sidewalk upgrades and maintenance of brick sidewalks in the construction of new or existing locally-funded infrastructure projects. 

Section 3. To be eligible for funding under the program, a qualifying municipality shall: (i) apply to the department in a form and manner prescribed by the department; (ii) adopt a by-law, ordinance, or administrative policy for ADA-compliant sidewalk and curb ramp improvements in roadway projects, consistent with their existing complete streets by-law, ordinance or administrative policy, if applicable, and incorporating materials and layouts that support ADA compliance and community character, which may include machine-cut brick or partial brick sidewalks, that shall be approved by the department and which shall include at least one public meeting; provided, however, that the by-law, ordinance, or administrative policy shall identify the body, individual, or entity responsible for implementing the program; (iii) ensure that the municipal employees responsible for the program participate in a training administered by the department; and (iv) comply with other requirements of the department relative to the program. The qualifying municipality shall receive this funding in addition to any allocation from Section 34 of Chapter 90.

Section 4. The department shall adopt rules, regulations, and guidelines for the administration of this chapter, including, but not limited to, criteria for awarding grants under the program, application procedures, and other requirements. 

Section 5. (a) There shall be established and set up on the books of the commonwealth a budgeted fund known as the Sidewalk Accessibility Fund, which shall be administered by the department. Amounts credited to the fund shall be expended, subject to appropriation, to provide a funding stream to support the sidewalk accessibility program in the commonwealth established pursuant to section 2 of Chapter 90L. The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. The fund shall not be subject to section 5C of chapter 29.  The department shall expend the Sidewalk Accessibility Fund for the purpose of assisting municipalities to construct accessible sidewalks, and payment shall be made to the municipalities upon application to the department on the basis of criteria established by the department. 

  (b) The fund shall be credited with: (i) revenue received pursuant to clause (i) of subsection (a) of Section 25 of Chapter 10; (ii) other money authorized by the general court and specifically designated to be credited to the fund; (iii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iv) interest earned on such money.

SECTION 2: Chapter 10 of the General Laws is hereby amended by striking out section 25A, as so appearing, and inserting in place thereof the following subsection:-

“(a) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources at the point of sale at a licensed agent shall be as follows: (i) the payment of prizes to the holders of winning tickets or shares, which in any case shall be no less than 45 per cent and no more than 72 per cent of the total revenues accruing from the sale of lottery tickets; (ii) the payment of costs incurred in the operation and administration of the lottery, including the expenses of the commission and the costs resulting from any contract or contracts entered into for promotional, advertising or operational services or for the purchase or lease of lottery equipment and materials, which in no case shall exceed 15 per cent of the total revenues accruing from the sale of lottery tickets or shares, subject to appropriation; (iii) the Sidewalk Accessibility Fund as provided in section 6 of chapter 90L, which in any case shall be no less than 1 per cent of the total revenues accruing from the sale of lottery tickets or shares, subject to appropriation; and (iv) the balance shall be used to fund budgeted aid to cities and towns as provided in section 18C of chapter 58, subject to appropriation.