(1)
Applicability.
(a)310 CMR
7.30 in its entirety is applicable
to the Massachusetts Port Authority, the body politic and corporate, created by
and existing pursuant to St. 1956, c. 465, hereafter referred to as Massport,
which is the owner/operator of the Logan International Airport in Boston,
Massachusetts, hereafter referred to as Logan Airport.
(b)310 CMR
7.30 in its entirety applies to
the parking of motor vehicles on property owned or leased by Massport at Logan
Airport, as well as sections of Neptune Road, geographically described as
follows and hereafter referred to as the Logan Airport Parking Freeze Area.
This geographic area, as shown on a map approved and held by the Department,
shall be bounded as follows:
Beginning at the intersection of the high water line of the
Boston Inner Harbor and the Logan Airport boundary, in the vicinity of the
intersection of Jeffries Street and Marginal Street;
then following along the westerly boundary of the Airport,
which in this area generally northwesterly along Maverick Street, northeasterly
along Geneva Street, and southeasterly, northeasterly, northwesterly around
Memorial Stadium, as far as the Massachusetts Bay Transportation Authority
(MBTA) Blue Line right-of-way, just north of the Airport Station;
then northeasterly along the Blue Line right-of-way to the
intersection of the Blue Line right-of-way and the Airport boundary, in the
vicinity of the southerly end of Moore Street;
then northeasterly along the boundary of the Airport and then
northeasterly, southeasterly, southwesterly and northeasterly along the Airport
boundary to the point of beginning (the "Logan Airport Parking Freeze
Area").
(c) In the event any
property within the boundaries of the Logan Airport Parking Freeze Area is
conveyed in fee by Massport, such property shall be removed from the Logan
Airport Parking Freeze Area and become part of the East Boston Parking Freeze
area at the time of such conveyance.
(2)
Terms of the Parking
Freeze.
(a) Commercial and
employee parking spaces within the Logan Airport Parking Freeze Area shall be
limited to 26,088 parking spaces, except as otherwise provided by 310 CMR
7.30(5), of which there shall be:
1. No more
than 2,448 employee parking spaces, as defined by
310 CMR
7.00; and
2. No fewer than 23,640 commercial parking
spaces, as defined by
310 CMR
7.00; provided that:
a. The total of employee and commercial
parking spaces never exceeds 26,088 parking spaces, except as otherwise
provided by 310 CMR
7.30(5); and
b.
Employee parking spaces are permanently converted into commercial parking
spaces utilizing the process set forward by 310 CMR
7.30(4).
3. The parking spaces within the
Logan Airport Parking Freeze area may increase above 26,088 spaces in
accordance with 310 CMR
7.30(5), provided that the inventory of commercial and
employee parking spaces subject to the Logan Airport Parking Freeze does not
exceed 26,790 parking spaces.
(3)
Parking Space
Inventory.
(a) Every six months,
by March 1
st and September
1
st of each calendar year, Massport shall submit to
the Department a parking space inventory that describes the following:
1. all commercial, employee, and rental motor
vehicle parking spaces available in the Logan Airport Parking Freeze Area;
and
2. all restricted use parking
spaces under 310 CMR
7.30(7) regardless of location. The parking space
inventory shall include a map of sufficient detail to identify the type and
quantity of parking spaces available by location.
(b) If the total inventory of on-airport
commercial and employee parking spaces exceeds the number of on-airport
commercial and employee parking spaces allowed under 310 CMR
7.30(2), then
Massport shall identify the number of spaces by type and location that are
immediately eliminated and the means by which this has been accomplished in
order to ensure that the number of on-airport parking spaces complies with the
requirements of 310 CMR
7.30(2).
(c) If the total inventory of on-airport
commercial and employee parking spaces is less than the number of on-airport
commercial and employee spaces allowed under 310 CMR
7.30(2), Massport shall be
certified by the Department as having a total of the number of on-airport
commercial and employee spaces allowed under 310 CMR
7.30(2), upon the
Department's receipt of the parking space inventory and provided that the
inventory submittal includes an identification of the potential location and
quantity of parking spaces that represent the difference between the existing
parking spaces and the number of on-airport commercial and employee spaces
allowed under 310 CMR
7.30(2).
(4)
Employee Parking
Reduction.
(a) Massport shall
take feasible measures to reduce permanently the number of on-airport employee
parking spaces either through relocating said parking spaces to locations
outside of the Logan Airport Parking Freeze Area, which maximize regional and
local air quality benefits, or through providing incentives to employees to use
alternative means of transportation to access Logan Airport property.
(b) Massport may convert to commercial
parking an equal number of parking spaces as have been permanently eliminated
from the employee parking space inventory and shall annually submit
documentation which supports this conversion, in accordance with the reporting
requirements at 310 CMR
7.30(9).
(c) Employee parking relocated from the Logan
Airport Parking Freeze Area shall not be located in another area subject to a
parking freeze.
(5)
Park and Fly Parking. Notwithstanding any provisions
herein to the contrary or any subsequent disposition of the property by
Massport, in the event that Massport, or its nominee, acquires in fee, or
leases for a term in excess of five years, property within the East Boston
Parking Freeze on which Park and Fly Parking Spaces included in the East Boston
Parking Freeze Area inventory, certified by the Department under
310 CMR
7.31(3), are located, such
spaces, upon notification by Massport to the Department and the Boston Air
Pollution Control Commission (BAPCC) will be automatically and permanently
converted to Commercial Parking Spaces within the Logan Airport Parking Freeze
Area. The Logan Airport Parking Freeze Area Commercial Parking Space inventory
pursuant to 310 CMR
7.30(2)(a) will be permanently increased, and the East
Boston Parking Freeze Park and Fly Parking Space inventory pursuant to
310 CMR
7.31(3) will be permanently
decreased by the number of such converted spaces. All such converted spaces may
be relocated and used as commercial parking spaces within the Logan Airport
Parking Freeze Area.
(6)
Rental Motor Vehicle Parking: Reserved).
(7)
RESTRICTED USE
PARKING.
(a) The category of
restricted use parking spaces is created with the understanding that Massport
experiences, at several times during the year, extreme peaks of air travel and
corresponding demand for parking spaces. Restricted use parking spaces may be
made available for use only at such times.
(b) Massport shall limit the use of
restricted use parking spaces, defined at
310 CMR
7.00, to ten days in any calendar year. If this
limitation is projected to be exceeded and/or in fact is exceeded in any given
calendar year, then the requirements and procedures described at 310 CMR
7.30(7)(e) and (f) shall apply.
(c)
Restricted use parking spaces may be located within the Logan Airport Parking
Freeze Area, but shall not be located in the East Boston Parking Freeze Area or
any other geographic area subject to a parking freeze.
(d) The category of restricted use parking
spaces shall be subject to the following monitoring and reporting provisions:
1. On December
31st of each calendar year Massport shall submit to
the Department a letter containing an estimate of the number of days and the
dates on which Massport anticipates the need over the following calendar year
to invoke the use of restricted use parking spaces, including the estimated
number and location of said spaces.
2. Massport shall monitor and track the use
of these spaces continuously throughout the year and on March
1st of the following year shall submit a report to
the Department describing the actual dates, locations and numbers of restricted
use parking spaces used in the preceding calendar year.
(e) Should the actual number of days when
restricted use parking is invoked by Massport exceed six by July
1st of any year, Massport shall submit to the
Department, on or before August 1st, a report
outlining strategies Massport commits to undertake during the remainder of the
calendar year so as not to have to invoke the use of the restricted use parking
spaces more than four additional days that calendar year.
(f) Should Massport invoke the use of
restricted use parking spaces for more than ten days during the calendar year,
Massport shall submit to the Department, on or before March 1
st
of the following year, a report containing:
1. An explanation of why the ten day limit on
use of restricted use parking spaces was exceeded.
2. A determination of whether this exceedence
was temporary or may be expected to continue into future years and technical
support for this determination.
3.
A projection of future need to use restricted use parking spaces in terms of
number of days and number of spaces, and an analysis of the air quality impacts
of the projected use of the restricted use parking spaces.
4. A plan and schedule for initiating actions
which will eliminate the projected need identified in 310 CMR
7.30(7)(f)3.
5. A commitment from
Massport to implement the actions identified in 310 CMR
7.30(7)(f)4.
(8)
Transportation Management Studies and Programs.
(a) Massport shall complete the following
studies, each within 24 months of June 30, 2017 to aid its efforts to reduce
the air quality impacts of different ground access modes for travel to and from
Logan Airport:
1. A study of the costs,
feasibility and effectiveness of potential measures to improve high occupancy
vehicle access to Logan Airport. The study shall consider, among other things,
possible improvements to Logan Express bus service and the benefits of adding
Silver Line buses with service to Logan Airport.
2. A study of costs and pricing for different
modes of transportation to and from Logan Airport to identify a pricing
structure and the use of revenues so generated to promote the use of high
occupancy modes of transportation by Airport air travelers and visitors. The
study shall include evaluation of short-term and long-term parking rates and
their influence on different modes of airport transportation.
3. A study of the feasibility and
effectiveness of potential operational measures to reduce non-high occupancy
vehicle pick-up/drop-off modes of transportation to Logan Airport, including an
evaluation of emerging ride-sharing and transportation network company
modes.
(b) Massport shall
make all reasonable efforts to identify, analyze, implement and communicate to
the public the availability of transportation management programs including but
not limited to:
1. Maintenance and improvement
of current transportation management programs of remote parking/express bus
service; infrastructure and leasing arrangements for the water shuttle service
to and from Logan Airport; the one way toll program; and the commercial vehicle
lane at Logan Airport.
2.
Identification of additional suitable site(s) and implementation of additional
remote parking/express bus service(s).
3. Identification and study of the
feasibility and impact on transportation and air quality parameters of
additional transportation management programs and ground access improvement
projects.
(c) Massport
shall report annually the status of studies, findings and commitments to
implement in accordance with 310 CMR
7.30(9).
(9)
Recordkeeping and
Reporting. On or before March 1
st of
each year Massport shall submit a report detailing the progress and status of
each provision of 310 CMR
7.30, in its entirety, during the preceding calendar
year. Copies of said report shall be submitted to the Department, EPA, the
Chairman of the Boston MPO, and the BAPCC. Massport may, with the consent of
the Department, satisfy this reporting requirement through the submission of
annual Environmental Data Reports or similar airport-wide documents pursuant to
M.G.L. c. 30, ยงยง 61 through 62H, provided that the above parties
receive copies of such reports.
(10)
Enforcement.
The Commissioner will enforce 310 CMR
7.30 under applicable law.