Bill
H 3644
Massachusetts H 3644 authorizes the Inspector General to audit Keolis' MBTA commuter rail contract, assess compliance and finances, and issue a 90-day report.
Note: The submitted version of H 3644 contains two distinct bill texts. The primary Massachusetts text (House No. 3644, Rep. Mark J. Cusack) would authorize an Inspector General audit of Keolis Commuter Services under its MBTA commuter-rail operating contract. The file also contains a separate South Carolina-style draft amending Act 919 (Greenville Airport Commission) to raise the commission’s authorized indebtedness to $20 million. This summary describes both texts and highlights procedural status as provided.
Title: An Act to audit and investigate the commuter rail operating agreement
Purpose and intent
- Authorize the Massachusetts Inspector General to conduct a focused audit and investigation of Keolis Commuter Services, LLC’s performance under MBTA commuter rail operating agreement contract no. 159‑12.
- Produce findings and recommendations to state transportation and oversight officials.
Key provisions
- Inspector General shall investigate and audit Keolis’ performance under contract no. 159‑12, including (but not limited to):
1. Keolis’ compliance with representations made in its proposal.
2. Keolis’ compliance with performance and other contractual obligations, including obligations under any remedial plan or remedial agreement.
3. Keolis’ compliance with financial obligations and covenants to the MBTA under the contract.
4. Any relief or waivers of Keolis’ contractual obligations granted by the MBTA and the basis for such relief or waiver.
- Reporting requirement: IG must submit a report of findings and recommendations to the Secretary of Transportation, Secretary of Administration and Finance, the MBTA General Manager, and the chairs of the Joint Committee on Transportation within 90 days from the date of enactment (“from the date hereof”).
Who is affected
- Keolis Commuter Services, LLC (contractor/operator).
- Massachusetts Bay Transportation Authority (contracting agency).
- Offices receiving the report (Inspector General; Secretary of Transportation; Secretary of Administration and Finance; MBTA GM; Joint Committee on Transportation).
- MBTA riders and state oversight bodies may be indirectly affected by resulting remedial actions.
Procedural / timeline notes (as provided)
- Prefiled: 12/12/2024
- Introduced / read first time: 01/14/2025
- Referred to Committee on Ways and Means: 01/14/2025
- Referred to Committee on Transportation: 02/27/2025
- Senate concurred: 02/27/2025 (per file)
- Hearing scheduled: 10/14/2025 (1:00 PM–5:00 PM); hearing location updated (virtual/A-1 per later entry).
- IG report due within 90 days of enactment (statutory deadline in bill).
Potential impacts
- May identify contractual non‑compliance, financial issues, or justifications for prior MBTA concessions to Keolis; could prompt enforcement, contract remedies, renegotiation, or policy changes.
- Short statutory deadline (90 days) signals an expedited review.
Purpose and key provision
- Amend last paragraph of Section 4 of Act 919 of 1928 (as amended) to increase the Greenville Airport Commission’s authorized total indebtedness to $20,000,000.
- Retains that any borrowing must be payable solely from revenues of revenue‑producing facilities, and that neither the State nor City/County of Greenville pledge faith and credit; commission members are not personally liable.
- Effective upon gubernatorial approval.
Who is affected
- Greenville Airport Commission (borrower).
- City/County of Greenville and the State (implicitly affected by non‑recourse limitation).
- Lenders and bond markets (credit limited to airport revenues).
Potential impacts
- Enables the commission to issue more debt for operation, maintenance, extensions or improvements of airport facilities.
- Because debt is revenue‑pledged only, it limits risk to public taxpayers while increasing financing capacity for airport projects.
Compiled from official sources — confirm details with the bill’s official record.
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