The Honorable William Straus, House Chair
The Honorable Brendan Crighton, Senate Chair
Joint Committee on Transportation
State House, Boston

Delivered Electronically

Dear Chair Straus, Chair Crighton, and Members of the Committee,

On behalf of the cities and towns of the Commonwealth, the MMA respectfully requests that the Joint Committee on Transportation issue a favorable report on H. 4358, An Act Financing Improvements to Municipal Roads and Bridges, with an increase in the fiscal 2023 Chapter 90 bond authorization amount to $300 million.

While the MMA was pleased to see the Governor’s $2.5 billion fiscal 2022 supplemental budget bill include an allocation of $100 million for the Chapter 90 program, which we strongly support, that would provide a one-time increase, and would address the chronic underfunding of the Chapter 90 program. In addition, the Governor’s Chapter 90 proposal remains held in the House Ways and Means Committee, as the House considers a smaller supplemental appropriation this week. The MMA remains steadfast in its advocacy for a permanent increase in the Chapter 90 bond authorization to $300 million per year, indexed to grow with inflation.

As the MMA has advocated for many years, cities and towns desperately need an increase in locally controlled funds used to maintain 30,000 miles of local roads and bridges in a state of good repair. Our recently updated biennial survey on gaps in local road funding across the state demonstrates that cities and towns need $600 million in Chapter 90 funding to adequately fund municipal road and bridge projects. Current Chapter 90 funding, generally flat at $200 million annually, supports only one-third of the reported need. Further, more than three-quarters of survey respondents reported that over the past five years they have had to save up Chapter 90 funds to cover the cost of necessary road projects that exceed their annual allotment.

Chapter 90 bond-funded allocations have been generally flat at $200 million since fiscal 2012, except for fiscal 2015 when the Administration released $100 million in previously withheld authorizations to bring that year’s Chapter 90 funding to a very welcome $300 million. There have also been three smaller one-time supplemental authorizations ($30 million in fiscal 2015 for the Winter Recovery Program, $40 million in a cash appropriation from the fiscal 2018 state surplus, and $20 million in a cash appropriation in fiscal 2020 from the fiscal 2019 state surplus).

The reality is that the purchasing power of the Chapter 90 program has been substantially diminished since fiscal 2012, due to several factors, primarily construction inflation. If Chapter 90 remains at $200 million for fiscal 2023, the real (inflation-adjusted) level of state support for local road projects would drop by 42.6% percent, to an inflation-adjusted $117 million in fiscal 2023. That is a loss of $83.2 million in purchasing power over 11 years. This is illustrated in the following chart:

As you know well, municipalities spend far less on road maintenance and repairs than the estimated annual expenditure of $600 million that is needed to get our municipal road infrastructure system into a state of good repair. With a tightly capped property tax, communities do not have the resources to close this massive $400 million gap.

Increasing the bond authorization to $300 million annually would be an important step forward. Not only does the Chapter 90 program help keep municipal roads safe and in good condition, it also supports local businesses and economies in all parts of the state. These funds would be put to work immediately, and contribute to the state’s economic recovery from the COVID-19 pandemic as well.

We also respectfully ask the committee to act on H. 4358 as quickly as possible, so that the measure can be signed into law before the customary April 1 deadline, allowing cities and towns to begin the construction season on time. Because cities and towns cannot award contracts based on Chapter 90 reimbursements until official notifications are received, late passage of the Chapter 90 bond bill in recent years has forced communities to bid, award and start work on projects in a significantly shortened timeline and construction season, driving up the cost of projects due to more expensive bid responses, and reducing the scope of work accomplished. We recognize that the COVID-19 pandemic has caused the delay of many matters, including passage of the fiscal 2021 and 2022 Chapter 90 authorizations, which were not signed until July of each of those years.

Last year, there was an additional delay, as cities and towns waited for enactment of a separate terms bill before official Chapter 90 notifications could be issued. To avoid this further delay, we ask you to either incorporate terms language into the bond bill, or to simultaneously advance the terms bill on a parallel track. In short, we respectfully urge timely finalization of the fiscal 2023 bond authorization and terms, and ask that your committee consider a multiyear authorization to avoid a process that lurches from year to year.

A multiyear bill would significantly improve the ability to plan at the local level by adding a measure of predictability and certainty regarding the amount and the timing of these critical local road funds. When Chapter 90 funding levels differ from year to year, or the timing of their release is uncertain, it is difficult for cities and towns to manage multiyear projects or implement long-term comprehensive pavement management plans. Moreover, as the Commonwealth continues to recover from the COVID-19 pandemic, enacting a multiyear Chapter 90 authorization would add to budgetary stability and legislative efficiency.

Thank you for the opportunity to submit this testimony in support of a permanent increase in the Chapter 90 bond and timely passage of the fiscal 2023 authorization. If you have any questions, or desire further information, please do not hesitate to have your office contact me or MMA Legislative Director Dave Koffman at at any time.


Geoffrey C. Beckwith
MMA Executive Director & CEO