[Senate Hearing 117-860]
[From the U.S. Government Publishing Office]
S. Hrg. 117-860
ECONOMIC IMPACTS OF INADEQUATE TRANSIT MAINTENANCE AND OVERSIGHT
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FIELD HEARING
BEFORE THE
SUBCOMMITTEE ON
ECONOMIC POLICY
OF THE
COMMITTEE ON
BANKING,HOUSING,AND URBAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
ON
EXAMINING MANAGEMENT FAILURES AT THE MASSACHUSETTS BAY TRANSPORTATION
AUTHORITY AND THE MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES
__________
OCTOBER 14, 2022
__________
Printed for the use of the Committee on Banking, Housing, and Urban
Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available at: https://www.govinfo.gov/
__________
U.S. GOVERNMENT PUBLISHING OFFICE
55-797 PDF WASHINGTON : 2024
COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS
SHERROD BROWN, Ohio, Chairman
JACK REED, Rhode Island PATRICK J. TOOMEY, Pennsylvania
ROBERT MENENDEZ, New Jersey RICHARD C. SHELBY, Alabama
JON TESTER, Montana MIKE CRAPO, Idaho
MARK R. WARNER, Virginia TIM SCOTT, South Carolina
ELIZABETH WARREN, Massachusetts MIKE ROUNDS, South Dakota
CHRIS VAN HOLLEN, Maryland THOM TILLIS, North Carolina
CATHERINE CORTEZ MASTO, Nevada JOHN KENNEDY, Louisiana
TINA SMITH, Minnesota BILL HAGERTY, Tennessee
KYRSTEN SINEMA, Arizona CYNTHIA LUMMIS, Wyoming
JON OSSOFF, Georgia JERRY MORAN, Kansas
RAPHAEL G. WARNOCK, Georgia KEVIN CRAMER, North Dakota
STEVE DAINES, Montana
Laura Swanson, Staff Director
Brad Grantz, Republican Staff Director
Cameron Ricker, Chief Clerk
Shelvin Simmons, IT Director
Pat Lally, Hearing Clerk
______
Subcommittee on Economic Policy
ELIZABETH WARREN, Massachusetts, Chair
JOHN KENNEDY, Louisiana, Ranking Republican Member
JACK REED, Rhode Island TIM SCOTT, South Carolina
CHRIS VAN HOLLEN, Maryland THOM TILLIS, North Carolina
TINA SMITH, Minnesota KEVIN CRAMER, North Dakota
JON OSSOFF, Georgia STEVE DAINES, Montana
Gabrielle Elul, Subcommittee Staff Director
Natalia Riggin, Republican Subcommittee Staff Director
(ii)
C O N T E N T S
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FRIDAY, OCTOBER 14, 2022
Page
Opening statement of Chair Warren................................ 1
Prepared statement........................................... 40
Opening statements, comments, or prepared statements of:
Senator Edward J. Markey of Massachusetts........................ 3
Prepared statement........................................... 41
WITNESSES
Nuria Fernandez, Administrator, Federal Transit Administration... 5
Prepared statement........................................... 42
Michelle Wu, Mayor, City of Boston............................... 15
Prepared statement........................................... 44
Jarred Johnson, Executive Director, TransitMatters............... 17
Prepared statement........................................... 45
Matthew Nelson, Chair, Massachusetts Department of Public
Utilities...................................................... 18
Prepared statement........................................... 46
Responses to written questions of:
Chair Warren............................................. 51
Steve Poftak, General Manager, Massachusetts Bay Transportation
Authority...................................................... 20
Prepared statement........................................... 47
Responses to written questions of:
Chair Warren............................................. 52
Additional Material Supplied for the Record
Prepared statement submitted by Senator Edward J. Markey of
Massachusetts.................................................. 61
(iii)
ECONOMIC IMPACTS OF INADEQUATE TRANSIT MAINTENANCE AND OVERSIGHT
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FRIDAY, OCTOBER 14, 2022
U.S. Senate,
Committee on Banking, Housing, and Urban Affairs,
Subcommittee on Economic Policy,
Boston, MA.
The Subcommittee met at 11:00 a.m., in Room 900A, John F.
Kennedy Federal Building, 15 New Sudbury Street, Boston, MA,
02203, Hon. Elizabeth Warren, Chair of the Subcommittee,
presiding.
OPENING STATEMENT OF CHAIR ELIZABETH WARREN
Chair Warren. This hearing will come to order.
I want to welcome all of you to a hearing of the Senate
Banking, Housing, and Urban Affairs Subcommittee on Economic
Policy. Public transportation is an essential service that
directly influences the economic growth and access to
employment in Boston and other U.S. cities, which are key
issues for the Economic Policy Subcommittee. That is why I
thought it was crucial to convene this hearing about the State
of the T and to invite my good friend and partner, Senator
Markey, to join me.
The T is the beating heart of Greater Boston. Millions of
people rely on it to get to work, to school, to our stores, to
our restaurants, to go to a game, to visit friends and family,
and then to make it back home. The T helps cut pollution, and
without it,
Boston traffic would be even worse.
Without the T, which in one form or another has been around
now for 150 years, our city and our Commonwealth would not be
the same. For generations, we have relied on the T. We have
counted on the people and organizations in charge to make the T
work for us, to make buses and trains run safely and on time.
But we can go longer rely on the T.
The T is failing. In the last 2 years, there has been a
series of dangerous and even deadly collisions, derailments,
and accidents on the T. Multiple derailments on the Red Line; a
collision on the Green Line that injured dozens of people;
workplace injuries; a horrendous death when a Red Line
passenger was caught in a door and dragged off a platform.
Finally, the Federal Government stepped in. The Federal
Transit Administration, or FTA, conducted an in-depth study and
concluded that, in this 2-year period, there were ``numbers and
rates of derailments and collisions on the MBTA rail transit
system that far exceed industry average and the safety
performance of MBTA's peer transit systems.''
The list of management failures is a long one. After the
April 2022 fatality on the Red Line, the Federal Transit
Administration opened a broad safety investigation of the MBTA
and the Massachusetts Department of Public Utilities, or DPU,
which is responsible for oversight of the T.
The result of that investigation was released in August,
and it is a long and scary list of problems. Just a partial
list of troubles that the FTA identified includes, the MBTA
does not have staff to carry out current operations and that
agency has ``not demonstrated the organizational capacity to
recruit and hire personnel.'' The FTA found that ``operating
and maintenance rules and procedures are not implemented as
required and that technical training is underresourced, without
sufficient resources, and lacks oversight.''
The FTA found that the MBTA was not conducting adequate
oversight of its contractors. The FTA found that safety risk
assessment guidance was ambiguous and confusing, that
management tools were not up to the task of addressing safety
risks, and that MBTA's investigations of safety problems were
not even looking at the right information.
And FTA really laid in to the T's management, finding
that--and again I quote--``MBTA's executive management does not
consistently ensure its decisions related to safety risks are
based on safety data analysis or documented facts.'' Simple
translation: When it comes to safety, the T's management is
just making it up.
And there is more.
There is another State agency responsible for oversight of
the T, the Department of Public Utilities. For over 50 years,
DPU has been responsible for oversight of equipment, safety,
and operations at the MBTA. In other words, DPU is responsible
for managing the management of the MBTA.
But here is what the FTA has to say about how badly DPU
does its job. FTA found that the DPU does not use its resources
effectively to identify and resolve safety risks. The FTA found
that DPU lacks independence from the MBTA. The FTA found that
``DPU has not used its authority to ensure the identification
and resolution of safety issues at MBTA.''
And the FTA reached a simple and devastating conclusion.
Again I quote, according to the FTA, ``DPU has not demonstrated
an ability to address MBTA safety issues and concerns.''
Overall, the FTA analysis contained 20 findings regarding
safety problems at MBTA and provided the agency with a list of
53 actions required to address these concerns. It also
contained four findings regarding DPU's failures and provided
DPU with a list of nine actions required to address these
concerns.
And by the way, the FTA also found that seven leftover
action items from a 2019 audit of DPU remained unresolved. This
is a dangerous situation that has been allowed to fester for
far too long. We are here today, at our field hearing, to
examine management of the MBTA and DPU and to press for change.
Every single FTA action item needs to be checked off
immediately. But that, alone, is not enough. The people of
Massachusetts need a safe system. They also need a transit
system that works, a system that is reliable, accessible,
frequent, dependable, clean, and that gets you where you need
to go without crazy delays.
Now here is the good news. Thanks to the Bipartisan
Infrastructure Law, we have got the resources to do it. That
law will provide $580 million for modernization and safety
improvements at the MBTA. In addition, Massachusetts currently
has massive tax revenue surpluses.
But here is the bad news. We can't just buy our way out of
these problems and wish our way to a T that works. We need the
right leadership in place at the MBTA and DPU, so that we can
have a functioning T that riders throughout the region can
depend on. I know we have the right leadership in the mayor of
Boston. I appreciate Mayor Wu coming to talk to us about the
importance of the T for the city and the whole metropolitan
area. We also have excellent leadership from the community. I
appreciate that Jarrod Johnson, of TransitMatters, will be here
to discuss the scope of the T's problem and their impact on
residents of our community.
I also want to thank Administrator Fernandez, of the FTA,
for accepting my invitation to join us in Boston today. The FTA
report on MBTA safety is a bombshell. She will help explain
what the agency found and what role they will play in getting
it fixed.
And finally, I am glad Mr. Poftak, the MBTA general
manager, and Mr. Nelson, the DPU chair, also accepted my
invitation to appear as witnesses. We need to hear firsthand
from them about how the MBTA got into this mess and how DPU
allowed it to happen and find out what they are doing to clean
it up and get it back on track. And that is why I invited them
to testify before this subcommittee, so that the public can
hold the MBTA and DPU to account.
So thank you to all of our witnesses.
I am now going to turn it over to Senator Markey for his
opening statement. Senator Markey, I am so glad that you could
be here to do this. Thank you for coming.
OPENING STATEMENT OF SENATOR EDWARD J. MARKEY OF MASSACHUSETTS
Senator Markey. Thank you, Senator Warren. And my deep
thanks to you for convening this hearing, for bringing all of
the parties together so that we can have this understood by the
people of Greater Boston who use the T on a daily basis. So I
thank you so much for your leadership on this issue.
I am also grateful to Administrator Fernandez, to Mayor Wu,
to Jarrod Johnson, for being generous with their time here
today and for all that they do to push for transit justice here
in Boston and across the country. And finally, my thanks to
General Manager Poftak and Chairman Nelson for their
willingness to come before us here today.
There are two stories that we must tell today. The first is
the story of how the MBTA came to a screeching halt, arriving
at this entirely preventable point where deep service cuts and
wholesale shutdowns of subway lines are deemed necessary to get
the T back on track.
I believe we need to understand the missteps and negligence
that brought us to this moment of crisis, so that we never
again find ourselves back here. The second story pertains to
how we move forward, how we build a brighter future for the
MBTA. Greater Boston needs a public transit system that is
truly a public good and effectively serves the needs of the
people of the Commonwealth.
While this current crisis never should have occurred, it
has presented the chance for a conversation about how we build
a transit system that is safe, sustainable, accessible,
reliable, and free. With the proper care and decision-making,
we can turn the T from a punchline into a model for our shared
transit future.
I am hopeful that we can get there.
But I want to make it clear, I am angry. It is shameful
that the first public transportation system in our country has
been put last and has lost the faith of the people of
Massachusetts.
In the last year alone, we have witnessed several crashes,
derailments, and escalator malfunctions, seen passengers
jumping from windows of flaming Orange Line trains, and
experienced the unconscionable death of a passenger on the Red
Line. As Senator Warren just explained, the Federal Transit
Administration's report on the MBTA is damning, painting a
picture of an organization that is woefully understaffed,
lacking in basic communication and training protocols, and more
focused on delivering capital projects on time than on
fundamental operations and maintenance for the passengers who
need the T today.
All of this has stretched the T to a breaking point, where
safety and reliability are far from guaranteed.
The problems at the T did not happen overnight, but have
festered for decades. Like mold creeping between the baseboards
of a home, poor management and disinvestment have eaten away at
the foundation of our vaunted public transit system. Where the
T once stood as the national model for reliable public
transportation, it, today, serves as a warning sign of what
happens when officials take their eye off the ball.
And too often, when problems arose, officials hid the ball
altogether, leaving the public in the dark about the true state
of the T.
Unfortunately, amidst this crisis, the T's playbook hasn't
changed. During the recent Orange Line shutdown, the MBTA
promised that the track would allow for trains to run faster,
once that work was completed. Now, we are seeing that this
hasn't been true. More transparent communication also means
acknowledging that, far too often, the burdening of the T's
failures have fallen on riders, especially Black, Brown,
disabled, and lower income individuals who disproportionately
use the T.
I was a commuter student from Malden, who was able to
attend Boston College by living at home in Malden and taking
the Orange Line and the bus out to Boston College. I know how
public transit opens doors of opportunity to people who may not
have the privilege to own and drive a car or live close to
their school or their workplace.
It is people without resources and time to spare, who are
experiencing the worst impacts of the T's crisis, and that is
inexcusable. As we collectively rebuild and modernize the
essential public utility, riders cannot be asked to shoulder
the burden.
Digging out of this hole will need the concerted efforts
from everyone, from MBTA officials, to community leaders, to
Federal, State, and local policymakers. It will require the
MBTA to improve its safety and communications practices, and
the Department of Public Utilities to conduct robust,
independent, and transparent safety oversight of the MBTA.
In Congress, Senator Warren and I will keep fighting for
bold Federal investments in public transit, on top of the $580
million in Federal funding that has gone to the MBTA this year.
As Massachusetts senators, we have a vested interest in
ensuring those Federal dollars are well spent. A better T is
possible, especially in a State as abundant in resources and
brainpower as Massachusetts.
In order for us to fight for a better future, we have to
know what it will look like. So today, we will spend some time
identifying and illustrating a picture of the future with a
public transit that is a public good.
We know that, when you lower the barriers to entry and make
public transit accessible and reliable, when you make it free,
people will use it. Increased ridership gets cars off roads,
which reduces traffic and carbon emissions that pollute our air
and warm up our planet. Expanding services also creates good
paying jobs, jobs for union workers, who will revitalize our
aging transit infrastructure and operate the buses, the trains,
and the ferries that will connect communities, stimulate the
regional economy, and get our residents where they need to go.
So as we interrogate and investigate the T today, we can also
imagine that brighter future, a world where the T puts
``public'' back into public transit. But you can't chart a new
path without knowing where you are now. And, as any rider of
the T could tell you, the MBTA has a long way to go.
Greater Boston's identity is inseparable from the T. It is
the lifeblood of the metro region and, for far too long, it is
not been treated with the care it deserves. Let this hearing
today be an honest and unsparing account of the T's neglect, as
well as a first step towards making the T a vibrant, prosperous
transit system worthy of our Commonwealth and its people.
Thank you, Senator Warren. And we thank, again, all of the
witnesses.
Chair Warren. Thank you,
Senator Markey. And thank you, Administrator Fernandez, I
appreciate you being here today. Administrator Fernandez, you
lead the Federal Transit Administration, FTA, which is an
agency inside the Federal Department of Transportation that
oversees the public transit systems across the country, to
ensure that they provide safe, reliable, and equitable service.
I would like to call on you, now, for a statement, and then we
will get to the questions that Senator Markey and I have.
STATEMENT OF NURIA FERNANDEZ, ADMINISTRATOR, FEDERAL TRANSIT
ADMINISTRATION
Ms. Fernandez. Yes, thank you so much. Good morning,
Senators Warren and Markey and thank you again for your
attention to the Federal Transit Authority's oversight efforts,
so that we can improve the quality and safety of the
Massachusetts Bay Transportation Authority's rail system.
As is often stated by Secretary Buttigieg, safety is our
north star at the U.S. Department of Transportation. And at
FTA, our primary responsibility is really to ensure that people
can safely travel through the billions of trips that they may
take each year on public transportation. And it is also our
responsibility to ensure a safe working environment for transit
workers.
So we accomplish this in several ways. We invest in the
capital infrastructure and rolling stock as transit agencies;
we review the oversight provided by transit agencies, by the
State safety oversight agencies, which have primary
responsibility for the safety of rail transit operators; and
conduct detailed examinations into specific safety issues, so
that we can determine the appropriate action to mitigate those
issue. That last point is why we are here today and it is why
FTA began the Safety Management Inspection of the Massachusetts
Bay Transportation Authority's rail system.
So following that inspection, FTA issued eight safety
directives to MBTA, identifying some areas of concern and that
needed safety focus. Importantly, two directives were also
issued to the MBTA's State safety oversight agency, the
Massachusetts Department of Public Utilities.
By Federal law, the DPU is responsible for the day-to-day
oversight of the T, ensuring rail operations in the
Commonwealth are safe every day, every ride. And transit
agencies like the MBTA make the day-to-day decisions on who,
what, where, and how they maintain and operate their systems.
The safety of the passengers and workers cannot be compromised
with any of those decisions.
So earlier this year, MBTA experienced a concerning rate of
reportable safety events, including derailments, train
collisions, injuries and fatalities. And the pattern of the
number of serious incidents indicated that safety risk was
headed in an unacceptable direction. So importantly, FTA also
became concerned about the efficacy of DPU's oversight of the
MBTA.
So with those concerns in mind, particularly due to the
concerns about the quality of DPU's oversight, we initiated the
Safety Management Inspection in both the MBTA's rail operations
and DPU's oversight. The SMI, for short, focused on MBTA's
processes, its procedures, and the resources regarding safety
decisionmaking and how the DPU oversees the MBTA's safety
performance.
On August 31st, FTA issued the SMI report identifying 24
findings, 20 to MBTA and four to the DPU, in five categories;
four to MBTA and one to DPU, that required continued attention
and resources from both the MBTA and DPU to prioritize safety
and to ensure system maintenance that supports safe operations.
At that time, the FTA issued the four additional special
directives to the T, for a total of eight, along with an
additional special directive to the DPU. And we instructed the
DPU to enforce the safety requirements specified in the special
directives issued to the MBTA and to also enhance their
oversight, including a reassessment of DPU's staffing and
capacity.
We expect that the DPU and the T will coordinate work to
quickly begin developing and prioritizing corrective actions
that will address the findings and the required actions
identified in our SMI report, and that the FTA will continue to
monitor and track the MBTA and DPU's performance and in
implementing the special directives.
As the MBTA addresses FTA's special directives, it, like
all transit agencies, must also consider and adequately support
both safety and service.
So our report indicated, in part, that MBTA was not
adequately staffed across the agency to meet the demands of
both an aggressive capital expansion program and the basic day-
to-day safe operation of the system. So properly aligning the
staffing of the agency with funding available is absolutely
critical.
FTA found that the MBTA's operations training department is
significantly understaffed. And while recent improvements have
been made, additional resources are needed.
The path forward for the MBTA is going to require community
buy-in. There is going to be disruption to service as they are
making the enhancements and changes that they need to make. And
I feel that the system is safe and that people should continue
to ride it. Yet, tough decisions will have to be made now, to
create a better, safer future. There will be service impacts to
the public.
Our SMI inspection of the MBTA is concluded. However, we
will continue to monitor safety and will continue working with
the DPU to ensure the safety.
Again, Senator, as you have noted, thanks to President
Biden and to all of you in Congress for the passage for the
Bipartisan Infrastructure Law, FTA received a 72 percent
increase in funding, more than $21 billion, over the next five
years, to invest in state of good repair of transit assets and
systems throughout the United States.
MBTA receives $450 million in FTA formula funding every
year, including $224 million in state of good repair formula
dollars. And there was a total of $2.1 billion in emergency
relief from CARES, CRRSAA, and ARP.
The DPU receives more than $2 million in State safety
oversight formula funds each year. And the DPU is also
certified and funded by the FTA to conduct proper oversight,
and the agency must be accountable in that role.
So we will continue investing in transit throughout
Massachusetts, work closely with the MBTA and DPU, so that we
can ensure the highest level of safety for its users and
employees of the system.
So thanks again for your attention to improving transit
through these very shared goals.
Chair Warren. Thank you very much.
Thank you, Administrator Fernandez.
So back in April, the FTA was so concerned about safety
issues on the T that it initiated what I think you called a
Safety Management Inspection, or SMI, because we have got to
get a lot of acronyms in here today. And the idea was to get
the bottom of what was going on.
And 2 months ago, you wrapped up your inspection, issued a
report. Senator Markey and I have that report. The report is
publicly available. And today, what we want to do, in part, is
walk through some of these findings.
But I think that most people in Massachusetts who may be
watching this are not that familiar with the FTA's work or its
authority over State transit systems. So before we get to your
report, I just want to start with the basics about what the FTA
does and how you came to write this report.
The FTA engages in routine examinations and assessments of
how public transit systems all across the country are doing, as
I understand this, Administrator Fernandez. But in the most
troubling of cases, the agency will take a more active
oversight role to ensure that issues are addressed, an unusual
step forward.
Does that sound about right?
Ms. Fernandez. Yes, that's correct, Senator. That is our
role. And we do take action when we need to take that action.
Chair Warren. You don't actually oversee the MBTA itself;
instead, you conduct oversight of the DPU, the Massachusetts
Department of Public Utilities, which is the body that
regulates the MBTA. Is that right?
Ms. Fernandez. Yes, it is, Senator.
Chair Warren. Okay. In other words, your job at FTA is to
make sure that DPU is doing its job; and DPU's job is to make
sure that the MBTA runs a safe, reliable transit system.
Is that about right?
Ms. Fernandez. That is correct, Senator.
Chair Warren. Good. Now, this is helpful, because I want to
talk about what happened at the T that got us to the point that
the FTA had to step in and exercise more active oversight here
in Massachusetts. Your office's report identifies two major
reasons that the FTA undertook inspection.
Number one, there was a clear safety problem on the T; and
number two, there were big concerns about DPU's implementation
of reforms that the FTA had been asking them to make for years.
So let's do safety first, Administrator Fernandez. What did
the FTA see in the T's safety record that rang alarm bells for
you?
Ms. Fernandez. Senator, we conducted this inspection as a
result of a series of the patterns that we have been observing
and the frequency of the safety incidents that were occurring
at the T, the patterns of train collisions, derailments, and
then, of course, the fatality, and also injuries, both to
employees and to the public.
And those concerns were exacerbated by the fact that the
Department of Public Utilities had not been carrying out their
State safety oversight responsibilities.
Chair Warren. Okay. We are going to come to that in just a
minute. What I hear you saying, we have talked about trains
catching on the fire, property damage, service disruptions,
injuries; we had a death. Your report says that the FTA
launched its inspection because of ``an escalating pattern of
safety incidents and concerns,'' including injuries and
fatalities, ``significantly exceeding industry average.''
In other words, accidents happen all across the country in
these T systems. But the question is, how far out of line is
the T, here in the Boston area?
Between 2017 and 2021, the entire U.S. light rail industry
reported 13 rail-to-rail collisions, resulting in 48 injuries.
MBTA, alone, was responsible for more than a third of all of
the collisions and more than 90 percent of the associated
injuries.
But it wasn't just that the T was unsafe. It was unsafe and
not getting better. So you stepped in because there were
serious concerns--you were about to talk about this a minute
ago, when I cut you off--serious concerns about the ability of
the DPU, the agency responsible for overseeing the T, to
improve the situation.
Administrator Fernandez, why did the FTA have concerns
about DPU's ability to perform oversight needed to keep
passengers and MBTA employees safe?
Ms. Fernandez. Senator, going back to 2019, the Federal
Transit Administration conducted an audit of the DPU's State
safety oversight program and we issued 16 findings. Nine were
closed; seven are still pending. And the reason that we have
not closed the seven that are part of the Corrective Action
Plan is that the DPU has really not demonstrated a positive
strategy for ensuring the outcomes of the MBTA's safety
responsibilities, that those outcomes are moving in a positive
direction. The major issues that the DPU still needs to address
is having an adequate workforce with safety experience and
having that capacity. They need to ensure that their
organizational resources are there to support the work that
needs to happen in the field; and then, also, to ensure that
the corrective actions, not only the ones that they are
responsible for, but the ones that the T is responsible for
completing, are, in fact, achieving those outcomes of
completion, reaching those milestones.
Chair Warren. Okay. So the T's safety record was worse than
most of the transit systems across the entire country. And the
agency that was supposed to be in charge of fixing things had
failed to fix the problems or comply with Federal regulations
for years.
Now, is launching this kind of inspection a common action
that the FTA takes?
Ms. Fernandez. Senator, fortunately, it is not a common
action. However, this is not the first time that we have done a
Safety Management Inspection.
Chair Warren. So how many have you done? Do you know?
Ms. Fernandez. One more.
Chair Warren. One more. So this is the second time that the
FTA has ever done one of these?
Ms. Fernandez. Second time in the history.
Chair Warren. Only the second time in the history of the
FTA.
So let's talk for, just a minute, about what you found.
There is a lot in this report. I commend the FTA for its
comprehensive analysis. I know you came and did on-site
inspection, looked at all of the records.
Just at a very high level, did the FTA's inspection
conclude that MBTA's current operations and policies are
sufficient to keep riders and employees safe?
Ms. Fernandez. Our inspection revealed significant concerns
about the T's operations and policies. However, the T has made
progress in meeting the timelines and responding to the items
that we have flagged for them through our special directives
that we have issued. And so they continue to improve the safety
culture that was of grave significance and concern to us
initially.
There is a lot more work that needs to be done and we will
continue working with them to ensure that they can get it done.
Chair Warren. Grave concern, but you are seeing some
improvement.
Ms. Fernandez. Yes.
Chair Warren. I want to ask a similar question about the
DPU, which is in charge of the MBTA.
Administrator Fernandez, did the FTA inspection conclude
that DPU was adequately fulfilling its oversight
responsibilities at the MBTA, at the time you undertook this?
Ms. Fernandez. No, Senator. We found that the Department of
Public Utilities had not been adequately engaged in overseeing
the MBTA's Safety Management System, which is very important
for the delivery of a safe system, both for employees and for
the riding public. The FTA's report, as noted in our SMI, shows
very specific actions that the DPU needs to do to support the
field observations, the audits, and the inspections that MBTA's
rail transit system is undergoing, so that they can identify
safety deficiencies in the same way that we have identified
those deficiencies.
Chair Warren. I really appreciate this. The people of
Massachusetts have lived through these failures, but your
report documents that the management failures are even broader
and deeper than most of us knew, and I am grateful to the FTA
for stepping in and documenting these failures.
Administrator Fernandez, in my next round of questions, I
am going to talk to you in more detail about some of the
directives the FTA has issued. But I want to yield to Senator
Markey, to ask some questions.
Senator Markey. Thank you, Senator Warren. I just want to
follow up on this line of questioning that Senator Warren has
been pursuing, because I think your report does represent a
staggering breakdown in communications within the MBTA, as a
result of either confusing guidelines or fear of retaliation.
Frontline workers at the T were unable to raise safety concerns
with their supervisors and with MBTA leadership, creating a
dangerous internal culture that downplayed critical safety
risk. So I would like to have you reflect, if you could, on a
couple of stark examples of that, Administrator Fernandez.
Did the Federal Transit Administration's SMI report, Safety
Management Inspection, of the T report, find the MBTA executive
leadership received prioritized and actionable information on
safety risk?
Ms. Fernandez. No, Senator. As reflected in our special
directives, the FTA did not find any evidence, from a safety
management perspective, that the MBTA safety committees and the
meetings that the committees presented to, generated any
actionable information from a safety perspective, in terms of
explicit indication of safety priorities and how those
priorities were going to be identified and resolved.
Senator Markey. Did the FTA's report find that MBTA
leadership ensured its decisions related to safety risks were
based on analysis or documented facts?
Ms. Fernandez. No, Senator. As stated in one of our
findings, the SMI final report, in the absence of having
pertinent safety data available at the operational level and
then having that data and information at the executive level,
you cannot develop a framework for measuring performance. So it
is very important that the information be made available, so
they can develop the performance that they need to mitigate the
issues.
Senator Markey. Thank you. Did the FDA report find that the
MBTA had clear provisions to ensure safety concerns reported by
employee safety committees were documented and acted upon?
Ms. Fernandez. No, Senator. The FTA learned that the safety
information from the safety committees were not formally
captured within the MBTA and that the safety department did not
disseminate that information to all who needed it.
Senator Markey. One of the few reporting mechanisms for
frontline employees to raise potential safety issues is a
safety hotline operated by the MBTA. However, the FTA report
suggested that even this hotline is not being utilized
adequately.
Administrator Fernandez, did the FTA report find that the
MBTA provided clear direction to its employees on what to
report through the safety hotline?
Ms. Fernandez. No, Senator. The FTA found no evidence that
the frontline employees have been provided not only clarity,
but a distinction between things that should be reported
through the hotline and things that were not necessarily needed
to be reported through the hotline, from a safety perspective.
Senator Markey. So at the time of the report, how many
calls per month was this hotline receiving?
Ms. Fernandez. During the time of our investigation, we
found about maybe 20 to 25 calls that had been received by that
safety hotline.
Senator Markey. So that would come out to less than one a
day, which is a vanishingly small number to deal with in an
organization the size of the MBTA. What did the FTA report
conclude from the lack of use of the safety hotline?
Ms. Fernandez. Well, Senator, of course we can't know
exactly the reason that there was such a small number of calls.
However, it did signal that there may be some reluctance or
skepticism towards the safety reporting environment and what is
being done with the information that is provided.
Senator Markey. What I found shocking in your report is the
conclusion that the MBTA is 1,500 to 2,000 employees short of
what they need to do their job on a daily basis.
What does that mean, in terms of what we now can see, in
terms of the safety and operational problems at the T?
Ms. Fernandez. Well, unfortunately, when there is very high
mandate for delivering service and you also have capital
investment projects that are underway, you need to have
adequate staffing. And when the staffing is short, and
particularly with those large numbers, that means that
individuals who are there are then responsible for doing more
overtime, and it results in fatigue, which translates into a
safety concern.
Senator Markey. So what you are saying is that this
commitment to new capital projects, new construction, then, was
taking personnel away from the work that had to be done on
safety and maintenance, and then that led to kind of a black
hole into which all of these safety concerns were falling,
without any attention being paid to them.
Ms. Fernandez. Senator, what would typically happen is that
the agency will be the one making the determination as to how
they allocate personnel and how they fill vacancies. But in our
inspection, we did find that there was inadequate personnel
available to do and deliver the level of service that the
agency is responsible for delivering every day.
Senator Markey. You are saying it is up to the agency to
determine the allocation of the personnel, but that the net
result was that your safety and management inspection
determined that they had left entire areas of maintenance and
safety for the T unattended to?
Ms. Fernandez. That positions that are responsible for
delivering service, that is, operators and maintenance
personnel, that those positions had a high level of vacancies
that needed to be filled.
Senator Markey. Thank you.
Chair Warren. Thank you. Actually, I am going to follow up
from the same direction Senator Markey has gone.
You have made clear, there has been failure of leadership
at MBTA and DPU that has put riders and workers in peril. This
needs to change. I am thankful that you are there to work on
this.
But we need to be honest about what these failures look
like. So I want to just dig a little deeper into some of the
management and operational failures and why they rang alarm
bells for the FTA.
So Administrator Fernandez, the FTA's inspection found that
the MBTA did not have policies in place to ensure that train
dispatchers had the appropriate training and certifications to
do the job and that they were properly rested before starting
their shifts, so they, literally, did not fall asleep at the
switch.
Is that a major risk that the FTA thinks the MBTA needs to
fix?
Ms. Fernandez. Yes, Senator, among other urgent risk areas.
Chair Warren. Okay. But that one is urgent. Let me ask you
another one. Because this one is, according to your report, the
MBTA has inappropriately stored dangerous chemicals in rail
yards, which could put the safety of both workers and the
public at risk. Is that a major risk that the FTA thinks the
MBTA needs to address?
Ms. Fernandez. Yes, Senator, that is a major risk. And we
issued a special directive detailing the steps that they needed
to take to mitigate that risk.
Chair Warren. Okay. Since January 2021, the MBTA has
reported five runaway train events that happened in rail yards
or while the trains were receiving maintenance. Two of these
runaway train events actually happened during the FTA's
inspection.
So Administrator Fernandez, do these multiple runaway train
events pose safety risks for employees and the public, that the
MBTA urgently needs to address?
Ms. Fernandez. Yes, Senator, that is major risk that the
MBTA must address.
Chair Warren. All right. And there is much more than we
could do in this. Your list of risks, here, is staggering.
Not collecting basic information to the monitor safety
concerns; a backlog of 16,000 open and pending defects in need
of repair; a leadership with ``get it done and go''
mentalities, so that is about patching things up rather than
following the safety rules that are recommended.
So I am just going to do one more here.
The FTA's inspection found that, following changes Governor
Baker make to reform the structure of the MBTA board, the DPU
may no longer be legally and financially independent from the
MBTA, as the FTA requires.
So Administrator Fernandez, this one is a little different
from dangerous chemicals that are stored too close to the
tracks, or runaway trains. Can you explain why the issue of DPU
independence raises concerns for the FTA?
Ms. Fernandez. Yes. It is a serious concern to the Federal
Transit Administration because it is a requirement, under the
law, that the State safety oversight agency be both legally and
financially independent from the entity that is providing the
oversight--that it has jurisdiction to provide that oversight.
So in order to provide a proper oversight, the entity needs
to be a step away from it, so they can look in and make, not
only the findings, the recommendations, and issue directives
for mitigating risk.
In our final SMI report, we noted that the organizational
structure of the MBTA changed since 2019 and we have required
actions from DPU to complete a legal assessment of how that
organizational independence from the MBTA is going to be
assured.
Chair Warren. Well, I just want to thank you very much. I
appreciate the in-depth inspection of the T that your agency
has conducted. It is powerfully important to us. And I
appreciate your listing, so clearly, both your concerns about
safety and about a punch list for what needs to be done and
what needs to be done urgently. I appreciate your partnership
in all of these.
Senator Markey, do you have some more questions you would
like to finish up with?
Senator Markey. I do. Thank you, Senator Warren. I would
like to conclude with a discussion about the FTA's involvement
with the MBTA going forward, and what Federal participation
will and will not look like in the future.
So I just hope that we can set the record straight around a
couple of frequent issues relating to the FTA investigation,
the idea of the FTA taking over the T or putting it in
receivership, and the concern that the FTA will withhold
Federal funding from the MBTA. Administrator Fernandez, my
understanding is that the notion of Federal receivership or
takeover of the MBTA by the FTA is not an option on the table.
Could you explain why?
Ms. Fernandez. Yes, Senator. Thank you so much for asking
that question, because we have been seeing this notion in news
reports and I think it is important that I clarify.
The Federal Transit Administration does not have the legal
authority to take over the day-to-day operations of any transit
agency in this Nation.
Senator Markey. So the FTA does not have the legal
authority to take over the T or put it into Federal
receivership. And even if it did have the authority, the FTA
would not have the capacity to manage the MBTA. Is that
correct?
Ms. Fernandez. That is correct, Senator.
Senator Markey. So there will be no Federal receivership or
takeover?
Ms. Fernandez. Of the day-to-day operations, no.
Senator Markey. In that case, what will the FTA's
involvement be, going forward, in getting the MBTA back on
track?
Ms. Fernandez. Our involvement will be to continue
providing that oversight to ensure that both the MBTA and the
DPU complete all of the corrective actions under the safety
directives that we have issued.
Senator Markey. So my understanding is that the FTA only
withholds Federal funds from transit agencies in extremely rare
circumstances.
Is that correct?
Ms. Fernandez. That is correct, Senator.
Senator Markey. So what steps do the MBTA and the
Commonwealth of Massachusetts need to take to ensure that no
Federal funding is withheld from the MBTA?
Ms. Fernandez. Beginning with ensuring that they
satisfactorily complete all of the collective actions under the
special directives that we issued as a result of our inspection
from April through June of this year.
Senator Markey. So at this point, is the FTA withholding
any funding from the State or from the MBTA?
Ms. Fernandez. No, the Federal Transit Administration is
not currently withholding any funding from the State of
Massachusetts.
Senator Markey. So just to reaffirm, the Commonwealth needs
a functioning, independent safety oversight agency outside of
the MBTA. And so long as the Commonwealth has that functioning
safety oversight agency, it is highly unlikely that any Federal
funding will be withheld; the Federal Government will remain a
partner in fixing the T, including the $580 million that
Senator Warren and I and our Federal delegation worked so hard
to provide to the MBTA this year.
But the FTA, alone, does not have the power or the
authority to fix the T. The Commonwealth of Massachusetts must
fix the T. The FTA is a willing partner, but we must fix it
here.
Thank you, Senator Warren.
Chair Warren. Thank you, Administrator Fernandez. I really
appreciate your being here.
We have now concluded the first panel. We are going to take
a very short recess. I am going to gavel out, so we can change
the setup here, and then we will be right back.
(Recess taken at 11:51 a.m.)
(Recess ended at 11:54 a.m.)
Chair Warren. So now we are going to hear from four
witnesses on this panel, our second panel. Let me introduce
them.
First, I am pleased to introduce my good friend, the
Honorable Michelle Wu, Mayor of the City of Boston. Mayor Wu
has been a tireless fighter for Boston's families and for
safer, cleaner, and more accessible transit for everyone. I am
go glad to be with her in this fight. Thank you for being here,
Mayor Wu.
Next, we have Mr. Jarrod Johnson, the executive director of
TransitMatters, one of the fiercest advocates for more
equitable and reliable public transportation for Metropolitan
Boston. Mr. Johnson is an expert on sustainability and on
proven best practices to promote more convenient and effective
transit. So thank you for being here with us, Mr. Johnson.
Next we have Mr. Matthew Nelson, who has served to chair
the Massachusetts Department of Public Utilities since 2019. As
chair of the DPU, Mr. Nelson is responsible for overseeing the
MBTA. I appreciate your accepting our invitation to testify
before us today.
And lastly, we have Mr. Steve Poftak, who has served as
general manager of the MBTA since 2019. Mr. Poftak, I
appreciate your coming here today, also, to address these
safety issues.
Thank you to all of our witnesses.
I will start by turning it over to Mayor Wu for her
statement. Mayor Wu, you are recognized for 5 minutes.
STATEMENT OF MICHELLE WU, MAYOR, CITY OF BOSTON
Ms. Wu. Thank you very much. Thank you, Senator Warren and
Senator Markey, for convening this hearing and for your
leadership.
When Boston began building the first subway system in the
country in 1895, the idea was labelled dangerous and radical.
Business owners organized the anti-subway league, warning that
construction would disturb snakes and rats underground and
force every one to the surface in fear of disease. And there
were thousands of signatures collected against the, quote,
great disadvantage and damage to business that would result.
Now, thankfully, decisionmakers looked to the future. We
could not imagine our city today without our public transit
system. The Nation's very first subway tunnel, today, runs from
Park Street to Boylston Street, still.
It took tremendous innovation, then, to electrify trolley
cars to run underground, without suffocating coal smoke, and it
re-shaped what growth looked like in our city and our country,
as more people were able to escape the traffic above ground and
reach their destinations en mass.
Today, we must continue investing in our future to make
Boston a city for everyone, green and growing, where families
can thrive. And we are so grateful for your partnership and
that of the Biden administration in deploying necessary
resources for our collective recovery.
Our ARPA funds have gone to getting our economy going
again, with our small businesses, building affordable homes,
pouring into our school communities, creating thousands of
green jobs. And we will stretch every dollar from the
Bipartisan Infrastructure Law and Inflation Reduction Act. But
none of that matters if residents can't rely on public
transportation to get where they need to go. We are here today
because all of that investment in housing creation, excellent
school, economic development, safe and healthy communities, is
constrained by the state of public transit in Boston and in
Massachusetts today.
I am someone who has been taking the T for decades, as a
college student, then a young professional, then a mom pushing
a big stroller through those MBTA elevators, buses, and trains,
to get to childcare. So this isn't a theoretical discussion for
me and for all of the commuters in the system.
Wednesday morning, I took the Orange Line to work, grateful
that it was back in service, excited to board a shiny new train
at Forest Hills. And it went really smoothly. But there were
still 12-minute headways at peak rush hour, 12 minutes until
the next train would leave.
After an unprecedented 30-day shutdown of our busiest
subway line, riders still hold our breath and cross our fingers
and step into stations and look up to see when the next train
will arrive.
Now, in recent weeks and months, the T has acted with more
urgency than we have seen in years, and I am grateful for that
leadership. But my experience as a commuter, like so many
others, is still emblematic of a broader systemic problem. For
too long, our approach to public transit has focused on fiscal
management on the backs of riders and workers and at the
expense of long-term vision and sustainability.
The result is a system constantly on the verge of collapse,
one that directs all of our energy toward meeting basic safety
requirements, rather than growing and expanding public transit
as critical infrastructure.
If we want Boston to be the thriving, competitive global
city that we can be, to meet the possibility and opportunity of
this moment, we can't continue to sabotage ourselves by taking
a piecemeal, reactive, and bare minimum approach to transit.
The people of Boston and Massachusetts deserve safe, reliable,
accessible transit. But that has to be the starting point, not
the finish line. Our transit system, today, is not equipped to
meet the needs of our growing region. Restaurants and small
businesses are desperate for foot traffic after years of
economic hardship. Large employers are struggling to get
workers back in person, and they are facing staffing shortages
across every industry, because people can't afford to live
close enough to walk to work and don't want to deal with a
stressful, unreliable commute.
As a hub for health care and life sciences, innovation, and
education, our possibilities are endless here, if we could just
connect all of our communities to the opportunities and where
they need to go. This requires a strategic vision for the T,
one that secures long-term, sustainable funding, establishes a
workforce development strategy, expands access and
affordability, and ensures that communities most affected by
the system are the ones empowered to shape it. That means a
direct voice for those who know the system best: An MBTA board
seat for Boston and another municipality; commuter rail fair
equity; electrification, starting with the Fairmont line; fare-
free buses; an accelerated progress on the Red/Blue connector;
and West Station.
Thank you so much. And I look forward to a productive
conversation, today, about turning the T into a source of pride
and connection for all of our commuters.
Chair Warren. Thank you, Mayor Wu. Now Mr. Johnson, I turn
it over to you for 5 minutes.
STATEMENT OF JARROD JOHNSON, EXECUTIVE DIRECTOR, TRANSITMATTERS
Mr. Johnson. Thank you. The MBTA is a key part of the
success of Greater Boston. One only has to look at the cranes
adding millions of square feet of housing, office, commercial,
and lab space right next to MBTA stations.
A report by A Better City found that, through travel time
and cost savings, savings from avoided vehicular crashes and
injuries, and also from reduced carbon emissions, the MBTA
provides an estimated value of $13.2 billion a year to the
Greater Boston region.
This is a value to transit riders and nonriders alike. That
value is also six times more than the T's annual operating
budget of over $2 billion. The T is also hugely important on a
human level and is essential for social mobility, equity, and
cohesion. According to AAA Northeast, the average cost of car
ownership in the Commonwealth is $10,728 per year. The ability
to live without a car or share one is a significant savings,
especially for low income and moderate income households.
A Harvard University study on the equity of opportunity
found that the relationship between transit and social mobility
is stronger than that of many factors, like crime, elementary
school test scores, or even the percentage of two-family
households in a community.
Yet, this value is being diminished by unprecedented
reductions in service delivery and quality, the abysmal state
of good repair, and safety concerns, and leadership that has
substituted austerity for vision, and we are now suffering the
consequences of that failed approach to transit operations.
The Baker administration has bragged about spending more
than $7 billion in capital funds. And yet, few would say that
the reliability or service quality of the T has gotten better
in those eight years.
The agency's capital spending has, quite literally, come at
the expense of the operating budget. As recently of this
spring, $500 million was unwisely transferred from the
operating budget to the capital budget, only months before the
FTA cited unsafe staffing levels at the T's control center and
inadequate staffing in the maintenance department.
Deliberate decisions made by T leadership have led to
outcomes that are causing daily harm to our economy, to our air
quality, and to social equity.
As a direct consequence of the understaffed operations
control center, the T was directed by the FTA to take
corrective action. That action has slowed down subway service
in ways that cause real harm to our most vulnerable transit
riders. Residents of neighborhoods like Mattapan, with some of
the highest travel times in the regions, often spend an extra
15 to 20 minutes each way, because of the service cuts.
Residents along the Orange Line are dealing with increased
headways, as well as slow zones, nearly a month after the T
promised their service would improve. The Metro Boston region
cannot tolerate more disruptive shutdowns. The MBTA needs a
larger, more stable operating budget to perform more regular
maintenance. It needs to learn from peers, who are able to
perform more track work during longer overnight periods and
without disruptive shutdowns. It needs to treat hiring more bus
operators and subway dispatchers like an emergency, because it
is one.
The agency must also regain the trust of riders and
stakeholders by being honest and transparent. The double-speak
around the Orange Line slow zones and political interference by
the Governor's office during the Blue Line shutdown have
severely damaged the public trust.
Finally, the agency has to move beyond the ``good enough''
mindset and understand that it has an obligation to provide
high quality service, even during extensive maintenance. T
riders deserve more than what the T's acting CEO called, and I
quote, ``a more manageable and palatable level of
interruption.''
Riders deserve service that is frequent enough and reliable
enough to avoid lost wages and, importantly, they deserve to
know that their public transit system is safe. Riders deserve
to know when they are going to have a fully functional, slow-
zone-free transit systems and what steps it will take to
achieve this goal.
MBTA employees deserve leadership that is working
tirelessly to improve their quality of life and works
collaboratively with labor to address worker shortage.
Businesses deserve a transit system that enables customers
and employees to reach them conveniently, reliably,
sustainably. And the region deserves a transit agency that
provides high quality service for today and one that has a
vision for how to grow and modernize to meet tomorrow's needs,
as well. The T needs leadership that can address the
longstanding needs and expands access in order to drive mode
shift and shorten travel times and shorten travel times for
environmental justice communities. Our climate, our economy,
and our fight for transit and economic justice cannot wait.
Thank you, again, for the opportunity to testify.
Chair Warren. Thank you for being with us, Mr. Johnson. I
appreciate it.
Mr. Nelson, I recognize you for 5 minutes.
STATEMENT OF MATTHEW NELSON, CHAIR, MASSACHUSETTS DEPARTMENT OF
PUBLIC UTILITIES
Mr. Nelson. Thank you. Good morning, Senator Warren and
Senator Markey. I appreciate the opportunity to testify today.
The Department of Public Utilities is responsible for the
oversight of investor-owned electric power, natural gas and
water utilities in the Commonwealth, and we are also charged
with developing alternatives to traditional regulation,
monitoring service quality, and regulating the safety of
transportation, steam distribution, and gas pipeline areas, as
well as the siting of energy facilities.
The DPU is comprised of a number of different divisions,
including consumer division, pipeline safety division, electric
power division, transportation network companies division, gas
division, and a transportation oversight division.
Today, I am here to talk about the transportation oversight
division, which serves both a consumer protection and a public
safety function. It primarily regulates safety practices of
common carriers used to transport passengers, and property,
including trucks, railways, buses, and household moving
companies, as well as towing companies. The division also
licenses complaints regarding driver violations and accidents
involving Department-licensed common carriers.
Additionally, and most pertinent to the subject of today's
hearing, is our transportation oversight division's rail
transit division, which serves as the Commonwealth's State
oversight agency, or the SSOA. It is a rail-fixed guideway for
public transportation system. The only such system in
Massachusetts is the MBTA.
Federal regulations 49 CFR 674 outline the SSOA's
responsibilities for overseeing the safety of the system and
assessing the effectiveness of public transportation agency
safety plan, the ASP, in ensuring safety.
The chief activities of the rail transit division can be
divided into three general areas. First, accident
investigations; second, ongoing monitoring of safety practices;
and three, monitoring of large capital delivery projects.
Our rail transit division has staff on call 24 hours a day,
7 days a week, to respond to accidents and incidents. While on
scene, our staff takes notes, photos, and meets with MBTA
personnel to get an initial sense of what has happened. We then
conduct an investigation of the incident, from beginning to
end, with the purpose of ensuring that MBTA's investigation
into the cause of the circumstances of the incident are
sufficient and thorough.
In addition to responding to incidents, the rail transit
and safety staff observe the MBTA's day-to-day safety practices
and compliance with its own agency safety plan. Last year, the
rail transit staff conducted 472 oversight activities,
including document reviews, rule reviews, record reviews, field
observations conducted on on-site MBTA properties, and as well
as the implementation of processes and procedures referred to
in the agency safety plan, as well as interviews with MBTA
employees and inspections, meaning that the DPU observes the
MBTA's officials conducting a safety activity or inspection and
the DPU will evaluate the MBTA's compliance with the procedures
and the standards.
The Department also oversees certification of large capital
delivery projects, like the Green Line extension and the Green
Line train protection system. The MBTA has its own safety
certification process for capital projects, and the DPU must
observe and verify that the MBTA follows its own safety
certification process of new construction.
In carrying out these functions, the division operates
under a set of general applicable principles. The MBTA is
responsible for the development of the procedures and
protocols. The DPU is responsible for the safety oversight to
ensure the fulfillment of the safety functions.
The DPU takes its responsibility to ensure safety of riders
and the MBTA's transit system very seriously. And we have been
working closely with the FTA and with MBTA to implement the
FTA's recommendations, as outlined in their final Safety
Management Inspection report issued on August 31, 2022.
The Department agrees that the actions and the directives
of the FTA are necessary for enhancing public transportation
system safety, and the DPU is working diligently to implement
those actions. The DPU has already expanded field work,
including conducting more in-person observations and weekly
visits to the operation control center, both announced and
unannounced. And it is working to increase its resources to be
able to conduct even more field work and additional auditing of
the MBTA.
The DPU is also working to hire additional staff with
transit safety experience in our rail transit division, and we
are actively recruiting and continually posting jobs.
The Department is dedicated to our efforts in these areas
and we look forward to working with the FTA and the MBTA to
ensure riders receive a safe and reliable transportation
system.
And thank you for the opportunity to testify today.
Chair Warren. Thank you, Mr. Nelson.
Mr. Poftak, I recognize you for 5 minutes.
STATEMENT OF STEVE POFTAK, GENERAL MANAGER, MASSACHUSETTS BAY
TRANSPORTATION AUTHORITY
Mr. Poftak. Thank you,
Senator Warren, thank you, Senator Markey, for the
opportunity to testify today before the Subcommittee.
As the oldest transit system in the country, the MBTA is a
system of incredible complexity. And every day, the hardworking
and dedicated employees of the MBTA serve, at this point, more
than 700,000 customers per day.
Over the past several months, and, indeed, over the past
year, the MBTA has faced a series of incidents that have raised
concerns about the safety of our system. I want to state
unequivocally, today, to the committee and to our customers,
that the system is safe, but we can and will do better. I am
committed, just as I know all of the employees of the T are
committed, to continuing to make the T a safer and more
reliable transportation system, and I look forward to sharing
with this committee the significant progress we have made and
will continue to make towards that goal.
We take our role in riders' lives seriously. We get people
where they need to go, to grocery stores, medical appointments,
school, jobs. We do it through blizzards, during parades, on
holidays, and the MBTA did it throughout a pandemic that forced
us to continually pivot on a sometimes day-to-day basis,
rethinking our transit services as ridership plummeted, all the
while with the goal of providing safe and reliable trips for
our riders and protecting the health of our riders and
employees.
As riders return to the system now, I understand the
frustration many of them feel. I am one of them, too. I took
the Orange Line in today.
On behalf of the more than 6,400 hardworking men and women
of the T, we acknowledge that safety incidents have occurred
and that our service levels are not where they want them to be
due to staffing challenges that have forced us to make
difficult, but appropriate, decisions that prioritize safety
above everything else. Safety has been and continues to be our
top priority. In 2019, the fiscal management control board
commissioned a report, with the full support of MBTA
management, by an independent Safety Review Panel. All MBTA
employees were fully engaged and candid throughout the process
and we embraced the opportunity to review our safety processes
and to begin to make changes in our safety procedures, many of
which we accomplished.
Much as we embraced the process under which the Safety
Review Panel was done in 2019, we have fully supported and
collaborated with the FTA during the SMI process, which is
focused on the heavy rail portion of the MBTA's system. We have
had multiple meetings on a daily basis and continue to do so.
On June 15th, the FTA identified four areas that needed
attention, that they considered to need immediate attention and
we were able to respond by producing Corrective Action Plans
that have been approved by the FTA and, indeed, have begun the
process of implementing those Corrective Action Plans and are
actually awaiting their verification of some of the initial
ones that we have done. When the full SMI came out in August,
highlighted some additional concerns, particularly around
workforce levels. And we absolutely agree this is an area where
we need to do better. We are not alone in our staffing
concerns. Peer agencies across the country are struggling,
similarly, to staff up our ranks with fully trained, fully
certified employees. And we will continue to work on that. And
I am happy to get into that in greater detail, some of the
steps we have taken.
I just want to close by saying that we fully accept the
FTA's Safety Management Inspection and we are continuing to
work cooperatively with the FTA to not only develop the
Corrective Action Plans, but then to implement and execute
them.
I will also want to register that we are fully committed to
fully funding all of the actions required to remedy any and all
safety issues that the FTA identifies. So I want to thank this
committee, again, for the opportunity to speak and I look
forward to a discussion about what has happened here at the
MBTA and what we are doing about it.
Thank you.
Chair Warren. Thank you, Mr. Poftak. So everyone who had
been paying attention recognizes that there have big safety
problems with the T. The string of dangerous and deadly
incidents over the last two years rang alarm bells. But even
so, the findings of the FTA investigation of the MBTA and the
Department of Public Utilities were shocking. The FTA found
problems in both agencies, from top to bottom.
Mr. Poftak, you have been the MBTA's general manager since
January 2019, almost four years now. So the problems were we
are discussing here occurred on your watch. I just want to read
one of the FTA's findings about the MBTA safety culture.
I heard you say, ``safety is our top priority.'' But here
is what the investigation from the FTA found. I quote. ``MBTA's
executive management,'' that is you, ``does not consistently
ensure its decisions related to safety risks are based on
safety data or documented facts.''
I nearly fell over when I read that. That is the
bureaucratic way to say that your safety decisions are just
made up. So Mr. Poftak, what led the FTA to make such a strong
statement about your safety decisions and your leadership.
Mr. Poftak. I think what they have called for in their
special directives--and you see it marbled through a number of
them related to safety management information and, excuse me,
safety communication--that we need to develop a more robust
system of data analysis. Right now, we have, for the first
time--we initiated it last year. For the first time, we do a
monthly presentation of our safety data. However, much of it is
backward-looking. And one of the things that they are calling
for are more forward-looking measures. And I think that is an
area where we need to become more sophisticated.
Also, we have embarked, for a long period of time, on
implementing a Safety Management System. One of the four
pillars of that Safety Management System is risk management and
assessment. And we are building--we have built up that
capability in the safety department, that has doubled in size
since 2019. So that is an area, I believe, where we are making
progress. The FTA's finding, I think, clearly signals that we
need to make more robust progress and, in fact, lays out a
series of steps by which we can do that.
Chair Warren. So I just have to ask, though, how can we be
nearly 4 years into your term and you are just now deciding
that you need to collect accurate data and need to have a way
to use that data to lay out meaningful safety plans going
forward?
Mr. Poftak. I think the safety review panel report in 2019
was a real turning point, where we began to more aggressively
pursue that. Again, I think the findings of the Safety
Management Inspection are a clear signal to us that we need
more robust systems and we need better data.
Chair Warren. Well, I am hearing you say you have known you
have a problem since 2019. And the FTA is saying that that
problem is severe and urgently needs to be addressed.
Let me ask you about the action items on the FTA list. The
list of necessary reforms that the FTA identifies is
staggeringly long. It contains 53 specific action requirements.
So that report came out in August. It is now mid-October.
How many of these action items have you completed to date?
Mr. Poftak. We are still in the process of producing
Corrective Action Plans. The way the----
Chair Warren. I get that. But you have got 53 items that
need to be addressed. How many of them are now finished? How
many are checked off the list?
Mr. Poftak. I don't know that, off the top of my head.
What I was hopeful to explain was that we are still in the
process of developing Corrective Action Plans that we submit to
the FTA and then they either approve or they ask for additional
information. So in fact, the last set of Corrective Action
Plans that are responsive to the special directives that you
have laid out in front of you, is actually due tomorrow. And we
will be submitting it today.
Chair Warren. So does that mean, none? The whole list of 53
is still out there?
Mr. Poftak. Not--no, not none, but I do not know----
Chair Warren. You don't know the number?
Mr. Poftak. I don't know the answer, off the top of my
head.
And I would note that many of these Corrective Action Plans
are not sort of a binary, flip the switch. They are a multiyear
process of addressing some of the issues. And we intend to take
it very seriously and do a very thorough job of addressing it.
So I would love to be able to come in and get all 53 and
say all 53 have been checked off. The nature of the work that
needs to be done is much, I would say, much deeper and more
detailed. If you were to do it in a short period of time, it
would not be done properly.
Chair Warren. You know, I take issue with some of this,
because I have read what these are. I think moving chemicals to
a safer place is not something that should take place over a
long period of time. This is a real safety risk.
So let me ask the question, though, the other way.
There are 53 action items that the FTA has identified as
urgent safety concerns. By what date will you have these
completed? I want the public to be able to rely on this. We
want to be able to check this and have some real
accountability.
Mr. Poftak. We are still working that out with the FTA,
waiting for their approval on a number of these. So I can't--I
can't put forward a date on something that the FTA hasn't
signed off on.
Chair Warren. All right. Let's assume they say this is the
right approach. When are you going have to this done?
Mr. Poftak. It truly varies from Corrective Action Plan to
Corrective Action Plan.
Chair Warren. Well, are you going to get some of them done
right away?
Mr. Poftak. Yes, absolutely, we will get some of them done
right away. Again, I don't have a specific number, off the top
of my head. Some of them will take much longer. Some of them
will be multiple years in their execution.
Chair Warren. You know, I just want to make clear. Making
these safety changes is not optional. It is a matter of basic
safety for your workers and for your riders. And that means
that we need to see that these have occurred and we need them
out there, where they are transparent, where people can see
them.
So I just want to take a look here at your record. What we
are doing on this, we need to get this information and we need
it get it fast, on this correction.
Mr. Nelson, I want to take a look at your record. You are
chair of the Department of Public Utilities, which has primary
oversight of the MBTA. You have been at the helm since January
2019, almost 4 years, almost exactly as long as Mr. Poftak has
led the MBTA. It is your job to make sure that the MBTA is
doing its job, and you are failing. Again, according to the
FTA, the DPU does not use its resources or its authority to
effectively identify and address safety issues. The FTA
concluded that, ``DPU has not demonstrated an ability to
address MBTA safety issues and concerns.'' Translation: DPU is
not capable of doing its job.
So Mr. Nelson, let's break this down. When did you begin to
understand the extent of the problems at the T?
Mr. Nelson. FTA conducted their audit in 2019, and we
received the final report of that 2019 audit in December of
2020. We became aware of some of the findings of that report
through drafts and conversations with FTA, where they have
highlighted things that they wanted us to address.
So I would say, in 2020, we started to find indications of
where FTA was marking areas that DPU needed to improve.
Chair Warren. So I just want to make sure, because you are
the front line on oversight here. So you didn't realize that
the T had any of these problems that the FTA documented for you
until the FTA came forward at the end of 2020 and said, here
are the problems?
Mr. Nelson. That makes it----
Chair Warren. What were you doing in those first 2 years?
This is your job, is to oversee the MBTA. Where were you?
Mr. Nelson. Yes. Absolutely. So I think that is a fair
question.
Chair Warren. Good.
Mr. Nelson. The answer to that question is, the
Department--when we took an assessment of the situation on the
MBTA, we started to develop a hiring plan to bring more and new
people into the unit, the rail safety unit, in 2020. Right? We
developed it in 2019 and we started bringing people in in 2020.
We had a management change in 2020, as well. I brought in a new
director and I have a new assistant director to take over that
program. And we hired additional staff. We got up to, I think,
eleven FTEs. Because I think one of the themes you are going to
see throughout the entire FTA report is the Department needs
more of a presence to oversee all of these activities and all
of these actions going on at MBTA.
Chair Warren. Wait a minute. I just want to get the
timeline straight, here. So for 2 years, at the beginning, this
is the 2019-2020, FTA has come in, they identify all of these
problems. You didn't even know any problems exist.
Starting in December of 2020, you now say, okay, we see the
problems, we have got the report from the FTA, so we start
hiring people. Now the problems, obviously, continued. The FTA
comes in and, in a matter of weeks, writes up a report that
identifies at least 53 actions that the MBTA needs to take.
Where were you during that second 2-year period?
Mr. Nelson. So again, I think it is not that we weren't
taking any actions. I mean, the Department took a number of
normal enforcement actions.
Chair Warren. Well, the FTA obviously thinks you not only
didn't take action, but you are not even capable of taking
action.
I want to understand what you understand as why the DPU
drew that conclusion.
Mr. Nelson. Drew what conclusion, Senator?
Chair Warren. The conclusion that you are not doing your
job and that you are not even capable of doing your job.
Mr. Nelson. I think that the answer to that question is:
The Department, in and of itself, needs to do more to oversee
the actions that have happened on the MBTA. There were a number
of--you have highlighted, in your letter to me, there were a
number of collisions and derailments that occurred that set off
alarm bells at FTA and at DPU. We were on site on every one of
those accidents. We have taken action on some of the Green Line
speeding incidents that occurred, that led to a passenger car
colliding with an another Green Line. And so we have been
taking actions outside of the SMI.
Chair Warren. Obviously, you have not taken enough action.
Mr. Nelson. I am not arguing that we have. We need to do
more.
Chair Warren. And the FTA cannot come in and find the kinds
of mistakes it finds, if you had been taking action.
And I just want to underscore this. If you can't identify
what is wrong from the past five years, then how can anyone in
Massachusetts have confidence that you are actually going to
fix this going forward? You know, you are the chair, Mr.
Nelson. So let me just ask about what is going on here.
Mr. Nelson. Sure.
Chair Warren. Your background experience is with natural
gas and electric power divisions, nothing to do with
transportation. Is that right?
Mr. Nelson. I worked for the Department of Public Utilities
in both the natural gas division and the electric power
division, as well as the Bureau of Labor Statistics.
Chair Warren. And my question was, nothing to do with
transportation. Is that right?
Mr. Nelson. Correct.
Chair Warren. Correct. And Robert Hayden and Cecile Fraser
are the other two commissioners. Is that right?
Mr. Nelson. That is correct.
Chair Warren. Hayden's primary experience with the
department is in pipeline safety. And Fraser's background is in
energy and utility industry. Is that correct?
Mr. Nelson. Yes, and she has a siting background, as well.
Chair Warren. And neither has a background in
transportation. Is that right?
Mr. Nelson. That's correct.
Chair Warren. Okay. So none of you, none, has any
experience in transportation or transit safety and oversight.
Is that right?
Mr. Nelson. In specifically transportation safety?
Chair Warren. Yes.
Mr. Nelson. That is not our background, no.
Chair Warren. I am concerned because I think part of the
problem may be, here, that you don't understand what your job
is.
In your recent testimony to the legislature's joint
committee on transportation, you stated, ``We are an auditing
department.''
Mr. Nelson. Sure.
Chair Warren. And you also said, ``We have done what we are
required to do.''
You say you have no additional responsibilities here, but
the FTA obviously sees this differently. In its report, the FTA
said, ``While DPU has the authority to require MBTA to take
expedited action to implement its SMS and address other safety
concerns, the agency rarely invokes its authority to compel
such action,'' which doesn't sound like they think your only
job is as an auditor.
So how do you reconcile your claim that you did the job you
were required to do, with the Federal oversight agency's
assessment that you did not?
Mr. Nelson. So again, to those questions you were quoting,
I think that, when I was referring to, ``We have done
everything that we are required to do,'' there is nothing that
the FTA has asked us to provide that we have not provided. That
was the context there.
The DPU certainly--fundamentally, here is what I think the
problem is.
Our role is to oversee and regulate MBTA safety. We do
that, primarily, through being in the field, observing their
actions, making sure they have a comprehensive safety plan,
making sure people are trained, making sure people are working
the hours they are scheduled to work, making sure that we can
go on-site, both scheduled and unscheduled, ensure that we look
at all of the activities in the rail yard, that people are
following the procedures. Historically, right, prior to 2018,
the division was run in a reactive way, where we would wait for
an accident, we would investigate the accident, analyze the
root cause, and ensure that whatever was the cause wasn't
happening again.
FTA rightly has changed to a proactive approach. The
proactive approach is----
Chair Warren. Mr. Nelson, let me stop you there.
If you are going to make the argument that you have been
using this great proactive approach and changing from 2018, and
since you came in in 2019, you are using a much better
approach, you are not going to succeed with this argument. You
are going to fail in this argument.
Mr. Nelson. That is not what I said.
Chair Warren. The FTA has made clear, you are not doing
your job.
Look, I appreciate that these are tough problems, and there
are a lot of reasons why safety risks on the T have grown over
time. But the only way out of this is with accountability.
Mr. Nelson. Sure.
Chair Warren. And leadership failures from top to bottom,
that don't acknowledge where the problems are and put real
action plans in place, not just to fix these problems over some
indistinct timeline into the future, but actually where you are
holding yourself accountable to the public and saying, we are
going to get this much done by this date.
If we don't have that, then we are not going to have a T
that gets better, that gets safer, and one we can depend on.
And that is just not acceptable. The people of Massachusetts
are entitled to better. Senator Markey.
Senator Markey. Thank you, Senator Warren. And thank you
for your line of questioning.
Because what we are hearing is staggering, and it is pretty
clear that at least two things have to happen. One is that the
MBTA needs to meet the FTA's specific action requirements
safely and comprehensively, to ensure the safety of the T. And
two, the DPU needs to start taking seriously its safety
oversight of the MBTA.
I agree with Senator Warren. The DPU has not been a
watchdog. The DPU has become a regulatory black hole into which
all of the safety issues fall, even though they are supposed to
be identified and then cleared up, in terms of the operations
of the MBTA. And that has not happened. There is a huge
regulatory black hole that exists.
And now I would like to open up a third item.
The MBTA needs to clearly and transparently communicate
with the public. Simply put, I think it has been alarming to
the T's riders, how often the MBTA has not communicated simple
facts about its operations or its safety incidents. And I would
like to focus on a specific example, the Orange Line shutdown.
Mr. Poftak, on August 19th, when the Orange Line shutdown
began, you said that the shutdown that the T riders would have
to endure would guarantee a faster service on the Orange Line.
At a press conference on September 13th, 6 days before the
Orange Line was supposed to reopen, you said the Orange Line
will get faster. The only caveat is that it is going to take a
couple of days.
But, according to TransitMatters data, Mr. Johnson's
organization, that has not been the case. Before the shutdown,
residents traveling from my hometown of Malden to Boston's
Haymarket Station on the Orange Line could plan for about a 13-
minute trip.
Currently, nearly one month after the conclusion of the
Orange Line shutdown, that trip is taking about 21 minutes. A
shocking 60 percent increase in travel time. Mr. Johnson's head
is nodding.
Mr. Poftak, is service faster on the Orange Line since the
shutdown?
Mr. Poftak. I think you have empirically demonstrated it is
not. And the statements that I made were based on the work that
we did as part of the surge. And that work was successfully
completed. And the places where that work was done, indeed,
have had slow zones lifted.
What I failed to communicate, and I will take personal
responsibility for this, what I failed to, I think, fully
comprehend and then fully communicate in a way that was
digestible to the public, was that our track engineers, as part
of their work, not only inspecting the work that had been done
on the track in that stretch--and it is really that stretch
from North Station to Assembly that is the one that has the
most significant slow zones. In the course of doing their work,
they identified other areas that they wanted to work on and
they felt like it was important to work on those areas,
previous to the winter, where a track repair is significantly
more difficult.
And indeed, that work is now underway. It is being done. It
is typically being done on the overnight. But you need to have
a slowdown in place in order to do that work.
I failed to properly communicate that. However, I do
continue to stand on the principle that I want my track
engineers to feel that they have the agency, if they identify
something that they want to work on, regardless of whether or
not we take a hit in terms of public credibility, the priority
has to be safety. And we will continue to prioritize safety.
Obviously, it has come at an expense with your customer base,
in terms of credibility.
Senator Markey. So I live five blocks from the Malden
station. Malden High School, last year, 25 percent white, 25
percent Black, 25 percent Latino, 25 percent Asian. In other
words, your constituency; a changing constituency. And one that
is very dependent upon the T. These are young people going to
Bunker Hill Community College or UMass Boston. They are using
the T to go to work in a restaurant in Jamaica Plain. The
Orange Line runes from Malden to Jamaica Plain. So that becomes
a way in which people can get educated, can go to work, can
visit their relatives, but it is essential that it be working.
So the MBTA does not release comprehensive speed data so
that those people can understand how fast it is running. They
should not be dependent upon Mr. Johnson and his organization.
We thank him for doing it. Will you commit to releasing data on
average train times on the T, so that the public can see it in
the same way they can see how long it takes for a plane to take
off and actually land, and have some idea as to what
adjustments their families are going to have to make? Will you
release data on average train times on the T?
Mr. Poftak. I think that is a fair request. Yes, we will
release data on average train times.
Senator Markey. Okay. I think that is absolutely essential
for families.
So the extra travel time is actually now affecting families
in a dramatic way. A 60 percent increase in the time it takes
for them to travel is very significant.
The next question which I have is, from my perspective, is
there a point at which the MBTA has over promised? And what
went wrong with the Orange Line? And why wasn't the problems
with the Orange Line, in terms of the completion of the work
that you said you were going to complete in that 30-day period,
communicated to the T riders, so that they could make plans
that were adjusted to the much longer time that, obviously, it
is taking to complete the Orange Line? Why was that not
communicated to the traveling public?
Mr. Poftak. I think, just to be clear, everything that we
said we were going to do during the 30-day surge was done.
There was additional work that was identified. I think there
was a failure in internal communication to fully comprehend the
impact on our riders and a failure on my part, not only on that
comprehension, but also to communicate it in a way that was
broad based and effective.
I know we have had a bunch of sessions with various media
members. But clearly, the message did not get out in a way that
was digestible to customers. And I acknowledge that that has a
customer-facing impact.
Senator Markey. On September 13th, you said that, during
the shutdown, you were tagging six critical slow zones along
the Orange Line, adding, ``We are confident that we can get
those six pulled off.''
In the past week, you acknowledged that the MBTA is
continuing to work on the Orange Line, including efforts to
alleviate the slow zone between Tufts Medical Center and Back
Bay Stations. The MBTA also said last week, that it is still
needed a machine to go over the newly replaced track in order
to ensure it is properly settled.
To me, that sounds like critical work to alleviate the slow
zones, which you stated would be done during the month-long
shutdown back in August and September.
If you knew the shutdown was not going to fully fix these
slow lanes and get the Orange Line back to full speed, you
should have communicated that to the public at that time, so
that they could understand what the impact on their lives was
going to continue to be.
Why did you not do that? Why did you not give all of that
information, at that time, to the public?
Mr. Poftak. I draw a distinction between two things. There
was the six zones that we identified where, indeed, the work
was completed and we have been able to lift the slow zones.
There is additional work somewhat adjacent to at least one
of those work areas, in the North Station to Assembly Square
area, that became follow-on work that, I think, we have talked
about in some detail.
And then there is the distinction between, we were able to
lift the slow zone on one of the sections between--we define
slow zones as a 10-minute-an-hour speed restriction. We were
able to lift it to 18. We are now working out a process with
the FTA about what additional work we would need to do to get
up to a 25-mile-an-hour, which is, sort of, the as-constructed
speed. So we have lifted the slow zone from 10 to 18, but there
is an ongoing discussion, and then there will be a work plan to
follow, to get to that 25-mile-an-hour posted speed.
Senator Markey. Right. My only point is, you should have
just said that. The people of Malden could understand that. You
need more fasteners, you need more machines to be able to
ensure that the tracks are settled. Just tell them that. But
you didn't do that. They were assuming it was going to be
faster because you said it was.
So let me ask you this.
People want a specific date. On what specific date, Mr.
Poftak, will service on the Orange Line be faster than it was
before the shutdown, as promised?
Mr. Poftak. And I cannot give a specific date, because that
is dependant on, not only field conditions, but also the
judgment of our field staff and our inspection staff. And I
feel that it is my duty and my responsibility, as a leader of
this organization, to prioritize safety. And if I put a date in
place, it doesn't prioritize safety. It puts pressure on field
staff to make a decision that is not based on what is the
safest condition in the field; it forces them to make a
different decision.
So I regret that I can't give you a date, but I hope that
explanation gives some texture to why.
Senator Markey. Mr. Poftak, following this hearing, will
the MBTA publicly release a list of the work that still needs
to be done to get the Orange Line up to full speed? Yes or no.
Mr. Poftak. Yes, we can do that.
Senator Markey. You can do that. And I think that is
critically important, because I don't think we are talking
about days here, or weeks; we are talking about months before
the Orange Line is running faster than it was before the
shutdown.
Thank you, Senator Warren.
Chair Warren. Thank you, Senator Markey.
So the persistent safety issues of the MBTA and failures of
the MBTA leadership and the DPU leadership to address them have
a serious impact on hundreds of thousands of riders who depend
on the T to get around the city, to get around region, and on
the T workers who work to make that possible.
So I just want to spend some time talking about the
consequences of the DPU and MBTA's failures for Massachusetts
residents and communities.
Mayor Wu, you are an Orange Line rider. So from your
experience riding the T over the last few years, and where you
sit in the Mayor's office, how have the T's safety issues--what
kind of impact have they had on commuters and on the city of
Boston and the region generally.
Ms. Wu. Well, the most obvious and devastating impact is
the injury and loss of life that has been highlighted and,
unfortunately, not in infrequent stories and situations. And
this has been, as you have discussed, driven by a lack of clear
safety culture and the decades of deferred maintenance and
vacancies and staff shortages that have pulled the existing,
hardworking staff in multiple directions.
Riders should not have to wonder, when you are getting on
the T in the morning to go to work or trying to get home,
whether there is a question of if you will make it back to your
family. And that has daily quality-of-life impacts for our
residents, when people aren't sure if they are going to get
docked pay or are struggling to make plans or making important
life choices about whether or not to stay in the region,
whether companies can locate here.
When we can't trust, when our confidence is shaken, when
ridership goes down, that means more traffic for everyone. That
means the entire region is paralyzed. So any question of safety
hurts our residents and it hurts our economy.
Chair Warren. Thank you.
We know that, when public transportation systems break
down, the burden does not fall equally on everyone throughout
the region. Vulnerable communities are disproportionately
harmed by reduced service and extended delays.
In fact, Mayor Wu, I think you have pointed out in the
past, that black bus riders spend 64 more hours, on average, on
stalled buses every year than white bus riders. And this is why
safe and reliable transit is so important for addressing
economic and equality and racial injustices.
Mr. Johnson, your organization, TransitMatters, has led the
charge for convenient and equitable mass transit for
Metropolitan Boston. How have the MBTA and DPU's failures to
adequately fund, manage, and oversee our transit system
worsened transit access for underserved communities?
Mr. Johnson. Residents in underresourced communities are
more likely to be hourly workers or be in precarious
employment. So the unreliability, the service cuts, and even
the poor planning in relation to the Orange Line shutdown,
literally took money out the pockets of these folks and left
some of them vulnerable to termination.
So we often think about low income residents who use the
bus to transfer to the subway. So they have been hit doubly
hard by increased headways on both modes.
And critically, as Mayor Wu mentioned, the fear of
unreliability or concern for safety has pushed a lot of people
to drive. And so for low income people, that means either
higher cost or, for bus riders, that means more traffic and
longer bus commutes.
Chair Warren. That is a very powerful point about the
impact all the way through the system.
So the MBTA's and the DPU's failures to competently manage
and invest in the T have left many families without safe and
reliable transit. And if this incompetence continues, the T is
going to see more shutdowns, more delays, more crowding, more
derailments, and, potentially, more accidents.
Mayor Wu, you often talk about safe, reliable, affordable
public transportation. As the foundation for our shared
prosperity and growth, what do you think we need to do to make
sure that the MBTA equitably connects Bay Staters to the
resources they need, and to each other?
Ms. Wu. We need a clear vision; proactive, strong
leadership; and the determination to get it done by
prioritizing our communities, the riders and everyone who is
impacted by the system. That means not just funding safety and
maintenance and talking about why we can't do things or why we
haven't, but really ensuring that we are pushing beyond that,
to the projects that need to be done, accelerating building the
credibility and faith in the system by looking to give clear
commitments on where we are going to go and when we will get
there. So fundamentally, all of that.
And I know the general manager has one of the most
difficult jobs anywhere on the planet and this is coming after
decades and decades of getting us to this point. But there are
still ways in which, even today, changing the HR practices,
really focusing in on hiring. We were proud to partner and help
host a job fair on City Hall Plaza for the MBTA. But there are
thousands of vacant positions that need to be filled, the wages
need to be higher to attract people to those roles, so that we
can begin to chip away at the currently unacceptable wait times
and headways.
Chair Warren. Thank you. I appreciate it. I think you are
exactly right. This is about leadership, it is about vision, it
is about having a plan. And then it is about executing on that
plan and some real accountability for that execution. That is
what people in Massachusetts deserve. Senator Markey, do you
have some more questions?
Senator Markey. Yes, please. I thank you, Senator.
Mr. Poftak, in addition to the one-month closure of the
Orange Line and the partial closure of the Green Line, which is
still in effect, does the MBTA currently have any plans to shut
down other lines, the Red Line, the Blue Line, other parts of
the Green Line?
Mr. Poftak. If the question is, do we have a plan to do
full line shutdown, the answer, right now, is we have things
that we are thinking about over the next year, but the answer
is, right now, we don't have any definite plans.
If I may be so bold as, perhaps the subtext of your
question is, I know there was kind of a community conversation
and some rumors and, I think, some premature posting on the
website about a Red Line shutdown, a long-term Red Line
shutdown in the later part of this year. There will not be such
a shutdown. There may be periodic, much smaller ones, on the
weekends. We are doing some weekend shutdowns now, on the
Braintree branch, for instance, in the early evening, to get
additional track work. So we will use much smaller diversions.
But if the question is, will we do anything on the scale of
the Orange Line, right now, we do not have any current plans to
do that. But we will share them. And to Jarrod's comment, we
will attempt to share them with as much advance notice as
possible.
Senator Markey. Okay. Well, all I am really advising you,
sir, is to just communicate. Put it out there. Just let people
know. Mayor Wu got two-and-a-half weeks notice that a major
transit line, the Orange Line, was going to be shut down for a
month. That is all she got for notice. That is just wrong.
The city depends upon that artery for its proper economic
and social functioning. And Mayor, I think, one of the, I
guess, silver linings of this, and unexpected successes coming
from the Orange Line shutdown, was the City of Boston offering
free 30-day passes to the Bluebike share system for the
duration of the shutdown. Can you talk a little bit about that
and what we might have learned about ourselves, because of that
shutdown?
Ms. Wu. Our teams at the City worked really hard to not
only try and support the work happening with the T and make
that possible underground, but to imagine new possibilities and
try to push so that people had every possible option.
We were expecting, with free Bluebike, 30-day free Bluebike
passes, the maybe eight or nine thousand people might take us
up on that. It ended up that 60,000 people claimed those free
passes. It was 300,000 rides taken during that period, which
was a 50 percent increase compared to that same period last
year, with hardly any notice, as you said.
Before the shutdown, the Bluebike system's daily ridership
record was just over 18,000 rides in one day. And during the
shutdown, it was 27,000 rides. We set nine different daily
ridership records, just breaking the records day by day by day,
in just that period.
So bikes can move people across Boston, if we have the
infrastructure, if we take down barriers. And it is worth
noting that that biggest surges were actually during weekends.
So people are needing to get around, not only to get to work
and make those critical investments, bring home salaries for
their families, but to spend money at our local businesses, to
enjoy, to keep dollars flowing in our local economy.
So just the social connections, the business connections,
the local investments, that is all important. We need to make
sure that we are using every avenue of public transportation.
Senator Markey. So this is actually a remarkable story.
Because on the busiest days of the free rides, Bluebikes were
transporting the equivalent of two-and-a-half bus lines, or a
quarter of all of the Orange Line, on a daily basis.
So how important is it for us now to consider the funding
of free bikes for people, seeing what this last experience has
just revealed to us about the interest and the adaptability of
the people in Boston.
Ms. Wu. It is an essential part of our infrastructure. And
the demand is there. The appetite is there.
We are working as fast and hard as we can, at the City
level, to make that infrastructure safe, through design
investments and street choices. But removing financial
barriers, as you see, with everything else constant,
immediately has an impact.
And I want to thank you for your leadership, alongside
Congresswoman Pressley, for ensuring that, at the Federal
level, that conversation is moving. This is exactly why we need
it. When you lower barriers, you can open up whole new avenues
for people to get around.
Senator Markey. Yes. Senator Warren and I and Congresswoman
Pressley, we are committed to partner with you in order to
accomplish this goal.
The City of Boston has been undertaking several other
experiments in fare-free transit, including making the 23, the
28, and the 29 bus route free for two years. Why did you chose
those routes?
Ms. Wu. Those are three of our busiest routes through the
city of Boston. The majority of riders are designated--are low
income riders. They are also, vast majority, serving riders of
color and run through our neighborhoods that are in key
economic corridors.
We have seen that access to affordable transit is one of
the greatest predictors of social and economic mobility, as Mr.
Johnson was outlining. So this is not only about reducing the
financial burden, but connecting everyone to opportunity and
ensuring that the buses move faster as well. We have seen
benefits on all fronts.
Senator Markey. Mr. Johnson, you and your organization are
the conscience of our community in transportation. Do you think
the MBTA has been doing enough to advance fair and equitable
transportation?
Mr. Johnson. Not as much as they could. I think there have
been some great steps, but the T could be doing more to promote
fare equity.
They could look at instituting fare caps, when they
introduce their new system. And that is where riders who can't
afford a weekly or a monthly pass, are guaranteed that they
will not pay more than that pass amount, even if they are going
on a pay-as-you-go basis.
The T could also significantly lower commuter rail fares,
which would help low income people who are displaced from the
city, and longtime gateway city residents. During the shutdown,
I think an additional 8,000 riders a day, took advantage of the
commuter rail, because it was essentially free or the same
price as the subway within zones 1 or 2. And the T should even
look at a fare cut, perhaps, to even have subway fares match
bus fares, stimulating demand, and as a way to demonstrate--to
sort of makes things better for folks.
Senator Markey. Thank you, Mr. Johnson.
Chair Warren. So let's talk a little bit about the future.
The FTA report does not cover either busses or commuter rail,
but there is a lot of work to be done there, as well.
And with the right vision, the right leadership in place,
we could make the overall system of the MBTA safer, more
reliable, more equitable. Doing things like investing in bus
and commuter rail electrification, expanding service, making
sure everyone can afford to ride.
So earlier this year, I met with the Environmental Justice
Corridor Coalition, a group that was convened by Senator
Brendan Crighton, and it includes State and local officials
that represent Lynn, Chelsea, Revere, Everett, and several of
the North Shore communities. Our discussion focused on how this
investment would improve service, how it could reduce long-term
maintenance costs, how it would help us meet our client goals,
support housing development, and address traffic congestion. It
also would create new jobs, promote regional economic
prosperity, and advance environmental justice.
So Mr. Johnson, your organization has been one of the
foremost advocates for electrification. You, personally, have
studied electrification extensively and become an expert on
this.
Let me ask. How much would it cost for the T to electrify
its commuter rail network?
Mr. Johnson. Well, with competent project management and
using some of the same techniques from the last successful and
relatively affordable electrification of the Northeast Corridor
from New Haven to South Station, that estimated cost would be
about, between 3 and 5 billion.
And so yes, the up-front capital costs are higher than
alternatives and diesel. But the long-term savings and the
benefits to communities and the environment are huge. It is
also important to know, too, that many of the MBTA's
locomotives have a failure rate of every 5,000 miles, which is
about 25 times less reliable than even mediocre electric
multiple units. This is because electric trains have fewer
moving parts, and also, many of the T's passenger coaches are
outdated and a majority of the $10 billion state of good repair
backlog is on the commuter rail system. So electrification
isn't an add-on; it is state of good repair.
Chair Warren. So more money up front, but bigger savings
over a longer period of time. Right?
Mr. Johnson. Absolutely.
Chair Warren. You know, you have got to pick your moments
for making the big changes. Right now, the Commonwealth has a
substantial surplus. The Commonwealth is receiving--or
actually, the MBTA is receiving $580 million in new Federal
funding from the Bipartisan Infrastructure Law for new
projects. We have got the Inflation Reduction Act, where money
is coming in to try to help us move to green.
Let me just ask, Mr. Johnson, how would investing in
electrification boost the local economy and support
historically underserved communities in Massachusetts?
Mr. Johnson. Yes, electrification of the commuter rail
system is key to the State's greenhouse gas emission reduction
goals. Scientists have pointed out that, even with electric
vehicles, we cannot reduce our greenhouse gas emissions without
dramatically reducing driving. Electrification of the commuter
rail would drive mode shift with faster, more reliable trains.
And electrification also allows us to run more frequent
service.
Commuter rail runs through many environmental justice
communities, either without stopping or with fares that are too
high. In electrifying the system, we must foreground equity,
and this means adding stops in environmental justice
communities, lowering the fares, and ensuring that we have
diverse labor force that is modernizing that system. So again,
if we are going to achieve the State's climate road map and
further equity, transportation has to be a key part of that.
And it is also going to be critical to support the housing
growth that we need to have in communities across the State.
Chair Warren. Right. This is the moment. Instead of
continuing to pour more and more money into dirty, unreliable
technologies from the last century, we could actually replace
broken down trains with electric ones, have more electric
buses, cleaner for the communities that they go through, and,
exactly as you say, add more stops, make sure it is affordable,
and it helps enrich the entire region.
So does the T currently have plans for electrification, Mr.
Johnson?
Mr. Johnson. So the T is working towards bus
electrification. The T does need more capacity to accelerate
this work. The bus garages themselves are a critical road block
to electrification.
But we can't stop there. Obviously, in order to have the
system that we need to have in the future, we need to work on
electrifying trains. And for that, the T does not have
comprehensive plan. The T has blown past self-imposed deadlines
to being working on commuter rail electrification and is,
instead, pushing unproven and unserious solutions that will not
deliver the full benefits of electrification. And critically,
we know this because the Governor strangely intervened in the
legislature's bond bill, to contradict the T's own planning
efforts.
Chair Warren. Right. I have to say on this, I am very glad
we are making progress on buses and electrifying buses. It is
exactly the right thing to do.
But I am mystified why there is no plan in place to do the
same with commuter rail. It would mean a faster, more reliable,
and, over time, a more cost efficient way to provide
transportation. It is a win-win on so many levels. And we
should be using this moment and the resources available to us,
to implement that vision. It would make a difference for
generations to come.
So Mayor Wu, I am going to do my last question with you.
Would expanding T service to new parts of Boston and to
surrounding communities help our city grow and better serve
families throughout the region?
Ms. Wu. Unequivocally, yes. That question is music to my
ears. For Boston to be a city for everyone, we are all-in on
being a green and growing region. And sometimes, we see all of
the new growth, and it is not enough, we need more affordable
homes.
The reality is, Boston's population used to be even higher.
Seventy years ago, we were over 800,000 people. And we want to
get back to being able to have the infrastructure to support
that equitably.
But all of our decisions now, the planning that we are
doing in Boston, the housing creation, the schools that we
investing in, it all hinges on being able to have a reliable,
world-class public transit system. The T, at its core, is about
investing in jobs and education and healthcare and housing for
people who previously didn't have a way to reach that.
So I think we need to look to the previous maps that
existed. You will see former versions of plans had a much
broader reach for the system. Even on many of our lines, the
current end points were never intended to be the end points for
those lines. So we have to get back to that sense of ambition
and possibility, and know that this would grow our economy,
strengthen our communities, and really advance equity.
Chair Warren. Yes. I very much appreciate your putting that
vision forward. I want to thank you, both of you, you and Mr.
Johnson, for your advocacy for the T and your leadership and
your vision in this area. You know, we are talking about
safety. And these are terrible problems that must be remedied
immediately. But we can't let that be the end of our ambitions.
This is a moment when we can talk about expanding transit
throughout the region. And there are so many advantages to
doing this. And frankly, the costs are just too damn high if we
don't do it.
So we need to seize on this moment with the leadership,
with the vision, with the plan, with the resources to make the
changes that will help us be the region we want to be, the
Commonwealth we want to be in the 21st century.
I want to thank you for being here and being part of this.
Senator Markey, do you have any final questions you want to
ask?
Senator Markey. If I may. Thank you.
Chair Warren. Please. Of course.
Senator Markey. Thank you, Senator Warren.
We have come a long way since 1900, the dawn of the T. Back
in 1900, there were a grand total of 4,000 internal combustion
engine vehicles in the United States. That is all we had. But
there were a lot of horses. Horses for 6,000 years, up until
that point, had been the mode of transportation along the
planet. And in Boston, it was getting to be a pretty big public
health issue, as we were going up to 800,000 people and horses
were the means of transportation.
So we moved to the internal combustion engine after 6,000
years. The life expectancy, if we do it right, of the internal
combustion engine, is running out now. It might have lasted
somewhere between 130 and 150 years. But by 2050, we don't want
to see them on our streets anymore. They pollute. They harm the
planet. And we have solutions that are in place.
Senator Warren and I, we fought hard and included $116
million for the MBTA as part of the FTA's low and no emissions
vehicle program. That grant is going to go a long way towards
purchasing 155 new battery, electric buses to support the
MBTA's transformation to a zero-emission fleet, which they aim
to do.
Maybe Mr. Johnson, Mayor Wu, you could talk about that and
why that is just a good start. Because we have a lot more to
do.
Mr. Johnson. Sure. I mean, I think some of the steps the T
can take is to commit to full bus fleet electrification in the
2030s. So that means, again, increasing that capacity so that
the T could deliver multiple bus garages at a time. That is
developing a realistic plan to electrify commuter rail and
prioritizing low income communities and communities of color in
that planning.
But also, I think what is really important, too, is that
the T should work with community development corporations,
workforce development agencies, public housing, the City, to
develop an electrification workforce that reflects the
ridership and helps us advance economic justice for low income
communities and communities of color.
Senator Markey. Mayor Wu.
Ms. Wu. I will say the bottom line is, we need the T and
everyone across the region to see public transportation with a
longer-term, both-end approach. Yes, we need to prioritize
safety and ensure that there is fiscal health for the
organization and how it runs. But that can't be at the expense
of having a clear pathway to getting the things done that, in
the end, save us money and are basic for our health and wealth
as a community.
Senator Markey. Yes. And you are the green new deal mayor
and your goal is to make us the greenest, cleanest city in the
United States and the world. So we want to, obviously, be as
helpful as we can be to you, in order to make it possible for
you to implement your vision for the city. I think it is very
important.
This is kind of back-to-the-future quality to this. When I
was a boy, I would have to walk up to the Fellsway to get onto
the trolley car, which was electrified, to take me and my
mother and father into Sullivan Station and then on to downtown
Boston and, for me, then, out to Boston College. Of course,
that was an hour-and-25 minutes, by the way, each way.
But it was there, if you don't have a car. My father would
get off at the Hood Milk Company, in Charlestown, at Sullivan
Station, using the electrified trolley. But a big decision was
made, pull up all of the electrified trolleys and let's just
make it very safe for internal combustion engine to take up
every single bit of space along the highway.
And now, there is a kind of a reflection that we are
making, about how smart some of these people were a long time
ago, in terms of looking at electrification, realizing the
lower levels of pollution. And that is really what we are
committed to doing.
So I guess what I would ask, Madam Mayor, are there other
steps that you want the T to be taking here, in order to move,
in order to be able to implement your dream of the city?
Ms. Wu. I think the general manager knows my list well.
There are a couple of them that I have been harping on for some
time.
I think what I would like to emphasize is that there are
big projects that are going to take time and resources, and
just listen to Jarrod on every one of those.
But there are things that can be done in the very, very
immediate short term, as well. Fare equity on the commuter rail
system could be done tomorrow and would likely boost ridership
on the commuter rail, to then ease the congestion and the load
and burden on other forms of transit and on traffic, as well.
Moving to expand our fare-free bus pilot. Thinking about
how the City of Boston and another municipality have a direct
seat in the governing structure through the legislation that is
up at the State House right now. That would be a game changer
for how we move forward, even starting right now.
Senator Markey. And Mr. Johnson, I just want to give you a
chance to echo what the Mayor just said about equity, about
justice, about ensuring that we have cleaner, fairer system.
Mr. Johnson. Absolutely. I mean, I would echo the points
that Mayor Wu made. But I think one of the first things that we
have got to do, too, is we have to address the headways on the
subway and the bus. So that means, whether that is working with
the FTA on newer drug testing, that is conscious of the fact
that marijuana is legal in Massachusetts; working with local
community colleges to get more people into the pipeline; again,
working with labor to have some collaborative solutions on how
we can raise pay, improve working conditions, and get people
started at full-time pay.
And I think one of the other things is the T needs to move
towards a 24-hour system. Not only will this help third-shift
workers, hospitality workers, some of the lowest income folks
in our community, but it could also be part of the solution for
bus drivers. Right now, you can't get to a bus garage if you
don't have access to a vehicle all the time, for an early
shift.
And again, echoing what Mayor Wu said on the fare system.
We have to have a simpler and cheaper fare system. A great
example is, in Lynn, two-thirds of the people in the immediate
station area around Lynn are low income. But less than 10
percent of the ridership on the commuter rail is low income,
because of those fares. That is something that the T could do
tomorrow.
And then, finally, addressing the connectivity and some of
the commitments that the T needs to honor to environmental just
communities. So things like the Mayor mentioned earlier, Red to
Blue connector; advancing the great work that the T and the
City are doing along Blue Hill Ave.; addressing the Mattapan
line; and again, just thinking bigger about what the T can
accomplish.
Thank you.
Senator Markey. So thank you. And thanks to the both of you
for giving us a vision for a more just, more equitable, more
sustainable, and more efficient public transportation system in
the city of Boston, as a model for the rest of the country.
Thank you so much.
And thank you, Senator Warren, for bringing this hearing to
Boston in an extremely important, timely moment in our history.
Thank you.
Chair Warren. Thank you very much, Senator Markey. You are
always a great partner in these things.
We held this hearing because it is crucial to understand
what has gone wrong, so that we can remedy it and move forward
to something, not just a little better, but a whole lot better.
The people of the Commonwealth eserve a reliable transit
system that works for them and works for their families. And to
achieve that vision, we need new leadership from top to bottom.
We need people with experience who will listen to the voices of
workers and riders and other local partners. Senator Markey and
I are committed to being good partners at the Federal level and
we will continue to fight for funding for transit. But the
State has to use that funding responsibly. Ultimately, the
Governor has the authority and the responsibility to hold
accountable the entire chain of command at the T. The current
governor is leaving, but the incoming governor will have an
opportunity to step up with a vision, a plan, and a willingness
to hold T management accountable for turning that plan into a
reality.
If we truly commit to it, I have no doubt that the MBTA can
once again be a leader in public transportation for our entire
Nation.
I want to thank all of our witnesses for being here.
Senator Markey and I want to hear from our Massachusetts
constituents on the issues that we discussed today. You can go,
anyone who wants to can visit my website at Warren.Senate.gov
to share your comments about these issues, and they will be
included in the official record of the hearing.
Questions for the record are due 1 week from today, Friday,
October 21st.
And for our witnesses, you will have 45 days to respond to
any questions.
So thank you again for being here.
And with that, this hearing is adjourned.
[Whereupon, at 1:14 p.m., the hearing was adjourned.]
[Prepared statements responses to written questions, and
additional material supplied for the record follow:]
PREPARED STATEMENT OF CHAIR ELIZABETH WARREN
Welcome to a hearing of the Senate Banking, Housing, and Urban
Affairs' Subcommittee on Economic Policy.
Public transportation is an essential service that directly
influences economic growth and access to employment in Boston and other
U.S. cities, which are key issues for the Economic Policy Subcommittee.
That's why I thought it was crucial to convene this hearing about the
state of the T and invite my good friend, Senator Markey, to join me.
The T is the beating heart of Greater Boston. Millions of people
rely on it to get to work, to school, to our stores and restaurants, to
go to the game, to visit friends and family-and to make it back home.
The T helps cut pollution, and, without it, Boston traffic would be
even worse. Without the T--which, in one form or another, has been
around for over 150 years--our city and our Commonwealth would not be
the same.
For generations, we have relied on the T, and we have counted on
the people and organizations in charge to make it work for us--to make
the buses and trains run safely and on time. But we can no longer rely
on the T. The T is failing.
In the last 2 years, there has been a series of dangerous and even
deadly collisions, derailments, and accidents on the T. Multiple
derailments on the red line. A collision on the green line that injured
dozens. Workplace injuries. A horrific death when a red line passenger
was caught in a door and dragged off a platform.
Finally, the Federal government stepped in. The Federal Transit
Administration, or FTA, conducted an in-depth study and concluded that,
in this 2-year period, there were [quote] ``numbers and rates of
derailments and collisions on the MBTA rail transit system that far
exceed industry average and the safety performance of MBTA's peer
transit systems.''
The list of management failures is a long one.
After the April 2022 fatality on the Red Line, the Federal Transit
Administration opened a broad safety investigation of the MBTA, and the
Massachusetts Department of Public Utilities, or DPU, which is
responsible for oversight of the T.
The results of that investigation were released in August, and it
is a long and scary list of problems. Just a partial list of troubles
that FTA identified includes:
MBTA does not have enough staff to carry out current
operations--and that the agency has--quote--``not demonstrated
the organizational capacity to recruit and hire personnel.''
FTA found that, quote, ``Operating and maintenance rules
and procedures are not implemented as required, and that
technical training is ``underresourced . . . without sufficient
resources and . . . lacks oversight.''
FTA found that MBTA was not conducting adequate oversight
of its contractors.
FTA found that safety risk assessment guidance was
ambiguous and confusing, that management tools were not up to
the task of addressing safety risks, and that MBTA's
investigations of safety problems were not looking at all the
right information.
And FTA really laid into the T's management, finding that--and
again, I quote: ``MBTA's Executive Management does not consistently
ensure its decisions related to safety risks are based on safety data
analysis or documented facts.'' Simple translation? When it comes to
safety, the T's management is just making it up.
And there's more. There is another State agency responsible for
oversight of the T, the Department of Public Utilities. For over 50
years, DPU has been responsible for oversight of equipment safety and
operations at MBTA. In other words, DPU is responsible for managing the
management of MBTA.
But here's what FTA had to say about how badly DPU does its job:
FTA found that the DPU does not use its resources
effectively to identify and resolve safety risks.
FTA found that DPU lacks independence from MBTA.
FTA found that ``DPU has not used its authority to ensure
the identification and resolution of safety issues at MBTA.''
And FTA reached a simple and devastating conclusion. Again, I
quote, according to FTA, ``DPU has not demonstrated an ability to
address [MBTA] safety issues and concerns.''
Overall, the FTA analysis contained 20 findings regarding safety
problems at MTBA and provided the agency with a list of 53 actions
required to address these concerns. It also contained 4 findings
regarding DPU's failures and provided DPU with a list of 9 actions
required to address these concerns. And by the way, FTA also found that
seven leftover action items from a 2019 audit of DPU were still
unresolved.
This is a dangerous situation that has been allowed to fester for
far too long. We are here today at our field hearing to examine
management of the MBTA and DPU and to press for change.
Every single FTA action item needs to be checked off--immediately.
But that alone is not enough. The people of Massachusetts need a safe
system, but they also need a transit system that works-a system that is
reliable, accessible, frequent, dependable, clean, and that gets you
where you need to go without crazy delays.
Here's the good news: Thanks to the Bipartisan Infrastructure Law,
we've got the resources to do it--that law will provide $580 million
for modernization and safety improvements at MBTA. In addition,
Massachusetts currently has a massive tax revenue surplus.
But here's the bad news: We can't just buy our way out of these
problems and wish our way to a T that works. We need the right
leadership in place at MBTA and DPU so that we can have a functioning T
that riders throughout the region can depend on.
I know we have the right leadership in the Mayor of Boston, and I
appreciate Mayor Wu joining us today to talk about the importance of
the T for the city and the whole metro area. We also have excellent
leadership from the community. I appreciate Jarred Johnson of Transit
Matters being here to discuss the scope of the T's problems and their
impact on residents of our community.
I also want to thank Administrator Fernandez of the FTA for
accepting my invitation to join us in Boston today. The FTA report on
MBTA safety is a bombshell. She will help explain what the agency
found, and what role they will play in getting it fixed.
And finally, I'm glad Mr. Poftak, the MBTA General Manager, and Mr.
Nelson, the DPU Chair, also accepted my invitation to appear as
witnesses. We need to hear firsthand from them about how the MBTA got
into this mess, and how DPU allowed it to happen--and find out what
they are doing to clean it up and get it back on track. That's why I
invited them to testify before this subcommittee: so the public can
hold the MBTA and DPU to account.
Thank you to our witnesses, and I will now turn it over to Senator
Markey for his opening statement. Senator Markey, I am so glad you were
able to join me at this hearing--thank you for coming.
______
PREPARED STATEMENT OF SENATOR EDWARD J. MARKEY OF MASSACHUSETTS
Thank you, I'm glad to be here with you today. My deep thanks to my
colleague, Senator Warren, for chairing this hearing and for convening
us all today. I'm also grateful to Administrator Fernandez, Mayor Wu,
and Jarred Johnson, for being generous with their time here today and
for all that they do to push for transit justice, here in Boston and
across the United States. Finally, my thanks to General Manager Poftak
and Chairmen Nelson for their willingness to come before us.
There are two stories we must tell today.
The first is the story of how the MBTA came to a screeching halt,
arriving at this entirely preventable point, where deep service cuts
and wholesale shutdowns of subway lines are deemed necessary to get the
T back on track. I believe we need to understand the missteps and
negligence that brought us to this moment of crisis, so that we never
find ourselves back here again.
The second story pertains to how we move forward, how we build a
brighter future for the MBTA. Greater Boston needs a public transit
system that is truly a public good and effectively serves the needs of
the people of the Commonwealth. While this current crisis never should
have occurred, it has presented the chance for a conversation about how
we build a transit system that is safe, sustainable, accessible,
reliable, and free. With the proper care and decision-making, we can
turn the T from a punchline into a model for our shared transit future.
I'm hopeful we can get there, but I want to make it clear: I am
angry.
It is shameful that the first public transportation system in our
country has been put last, and has lost the faith of the people of
Massachusetts. In the last year alone, we've witnessed several crashes,
derailments, and escalator malfunctions, seen passengers jumping from
windows of flaming Orange Line trains, and experienced the
unconscionable death of a passenger on the Red Line.
As Senator Warren just explained, the Federal Transit
Administration's report on the MBTA is damning, painting a picture of
an organization that is woefully understaffed, lacking in basic
communication and training protocols, and more focused on delivering
capital projects on time than on fundamental operations and
maintenance. All of this has stretched the T to a breaking point where
safety and reliability are far from guaranteed.
The problems at the T did not happen overnight but have festered
for decades. Like mold creeping between the baseboards of a home, poor
management and disinvestment have eaten away at the foundation of our
vaunted public transit system. Where the T once stood as a national
model for reliable public transportation, today it serves as a warning
sign for what happens when officials take their eye off the ball.
And too often, when problems arose, officials hid the ball
altogether, leaving the public in the dark about the true state of the
T.
Unfortunately, amidst this crisis, the T's playbook hasn't changed.
During the recent Orange Line shutdown, the MBTA promised that the
track work would allow the trains to run faster. Now, we are seeing
that this hasn't been true.
More transparent communication also means acknowledging that far
too often, the burden of the T's failures has fallen on riders,
especially the Black, brown, disabled, and lower-income individuals who
disproportionately use the T.
I was a commuter student, who was able to attend college by living
at home in Malden and taking the Orange Line and the bus out to Boston
College. I know how public transit opens doors of opportunity to people
who may not have the privilege to own and drive a car or live close to
their school or workplace. It is people without resources and time to
spare who are experiencing the worst impacts of the T's crisis. That is
inexcusable.
As we collectively rebuild and modernize this essential public
utility, riders cannot be asked to shoulder the burden. Digging out of
this hole will need the concerted effort of everyone from MBTA
officials to community leaders to Federal, State, and local
policymakers. It will require the MBTA to improve its safety and
communication practices, and the Department of Public Utilities to
conduct robust, independent, and transparent safety oversight of the
MBTA.
In Congress, Senator Warren and I will keep fighting for bold
Federal investments in public transit, on top of the $580 million in
Federal funding that has gone to the MBTA this year. As Massachusetts'
Senators, we have a vested interest in ensuring those Federal dollars
are spent well.
A better T is possible, especially in a State as abundant in
resources and brainpower as Massachusetts. In order for us to fight for
a better future, we have to know what it will look like.
So today, we will spend some time identifying and illustrating a
picture of the future with public transit as a public good.
We know that when you lower the barriers to entry and make public
transit accessible and reliable--when you make it free--people will use
it. Increased ridership gets cars off roads, which reduces traffic and
carbon emissions that pollute our air and warm our planet. Expanding
service also creates good-paying jobs--jobs for union workers who will
revitalize our aging transit infrastructure and operate the buses,
trains, and ferries that will connect communities, stimulate the
regional economy, and get our residents where they need to go. So as we
interrogate and investigate the T today, we can also imagine that
brighter future, a world where the T puts ``public'' back in ``public
transit.''
But you can't chart a new path without knowing where you are now--
and as any rider of the T could tell you, the MBTA has a long way to
go.
Greater Boston's identity is inseparable from the T. It is the
lifeblood of the metro region, and for too long it has not been treated
with the care it deserves. Let this hearing today be an honest and
unsparing account of the T's neglect, as well as a first step toward
making the T a vibrant, prosperous transit system worthy of our
Commonwealth and its people. Thank you.
______
PREPARED STATEMENT OF NURIA FERNANDEZ
Administrator, Federal Transit Administration
October 14, 2022
Good morning, Senators Warren and Markey.
Thank you for your attention to the Federal Transit
Administration's oversight efforts to improve the quality and safety of
the Massachusetts Bay Transportation Authority's (MBTA) rail system.
As is often noted by Secretary Buttigieg, safety is our North Star
at the U.S. Department of Transportation. At FTA, our primary
responsibility is to ensure people are safe on the billions of annual
transit rides they take each year, while also ensuring a safe working
environment for transit workers. We accomplish this in several ways:
1. Investing in capital infrastructure and rolling stock at transit
agencies;
2. Reviewing the oversight provided to transit agencies by State
Safety Oversight Agencies, which have primary responsibility
for the safety of rail transit operators;
3. Conducting detailed examinations into specific safety issues to
determine the appropriate action to mitigate these issues.
The last point is why we're here today, and it's why FTA began a
Safety Management Inspection of the Massachusetts Bay Transportation
Authority's rail system. Following that inspection, FTA issued eight
safety directives to MBTA identifying areas of safety focus.
Importantly, two directives were also issued to MBTA's State Safety
Oversight Agency, the Massachusetts Department of Public Utilities
(DPU).
By Federal law, the DPU is responsible for day-to-day oversight of
the MBTA, ensuring rail operations in the Commonwealth are safe-every
ride, every day.
Transit agencies like the MBTA make the day-to-day decisions on
how, who, what, where, and when they maintain and operate their
systems. The safety of passengers and workers cannot be compromised by
these decisions.
Earlier this year, MBTA experienced a concerning rate of reportable
safety events including derailments, train collisions, injuries and
fatalities. The pattern and number of serious incidents indicated that
safety risk was headed in an unacceptable direction. Importantly, FTA
also became concerned about the efficacy of DPU's oversight of MBTA.
With those concerns in mind, particularly due to concerns about the
quality of DPU's oversight, FTA initiated a Safety Management
Inspection (SMI) of both the MBTA rail operations and DPU's oversight.
The SMI focused on MBTA's processes, procedures, and resources
regarding safety decision-making, and how the DPU oversees the MBTA's
safety performance.
On August 31, FTA issued an SMI report identifying 24 findings (20
to MBTA and 4 to DPU) in 5 categories (4 to MBTA and 1 to DPU) that
require continued attention and resources from both the MBTA and DPU to
prioritize safety and to ensure system maintenance that supports safe
operations. At that time FTA issued four additional special directives
to the T, for a total of eight, along with an additional special
directive to the DPU.
FTA instructed the DPU to enforce the safety requirements specified
in the Special Directives issued to the MBTA and to enhance their
oversight, including a reassessment of DPU's staffing and capacity.
We expect that the DPU and the MBTA will coordinate work to quickly
begin developing and prioritizing corrective actions that will address
the findings and required actions identified in the SMI report. FTA
will continue to monitor and track the MBTA and DPU's performance in
implementing the Special Directives.
As the MBTA addresses FTA's Special Directives, it, like all
transit agencies, must also consider and adequately support both safety
and service. Our report indicated, in part, that MBTA was not
adequately staffed, across the agency, to meet the demands of both an
aggressive capital expansion program and the basic day-to-day safe
operation of the system. Properly aligning the staffing of an agency,
within the funding available, is absolutely critical to keep a rail
transit system in a proper state of good repair. Even with COVID relief
funds awarded to the system, the staffing resources were not properly
aligned to perform important maintenance.
FTA found that the MBTA's Operations Training Department is
significantly understaffed and, while recent improvements have been
made, additional resources are required to update rules, procedures,
and training and to monitor the performance and recertification of
MBTA's operations.
The Special Directives are intended to ensure that the MBTA
prioritizes the repair of safety-critical assets and that DPU provides
ongoing, effective oversight of the MBTA.
Regularly maintained transit systems mean better service and
improved safety for riders. They're on-time more often, and fail less
frequently.
The path forward for the MBTA will require community buy-in. As the
T improves, it will need the support of its Board, and patience from
the riding public and stakeholders. Tough decisions will have to be
made now, to create a better, safer future. There will be service
impacts the public will feel, but support and understanding will help
ensure appropriate stewardship of the system.
While FTA's SMI inspection of the MBTA has concluded, our focus on
safety, and our support for improving it at the MBTA, will not stop.
Since it was handed the mantle of ensuring passenger and transit worker
safety throughout this country, FTA has led the way for agencies all
over the country. We will continue to do that, with more funding to
create even safer systems.
Thanks to President Biden, and Congress's passage of the Bipartisan
Infrastructure Law, FTA received a seventy two percent increase in
funding, more than $21 billion over the next five years, to invest in
the State of Good Repair of transit assets and systems throughout the
United States.
The MBTA receives $415 million in FTA formula funding each year,
including $224 million in State of Good Repair formula funding.
The DPU receives more than $2 million in FTA State Safety Oversight
formula funds each year. The DPU is also certified and funded by the
FTA to conduct proper oversight, and the agency must be accountable to
that role.
FTA will continue investing in transit throughout Massachusetts,
working closely with the MBTA and the DPU to ensure the highest level
of safety for users and employees of the system.
Thank you again for your attention to improving transit through
these shared goals of safety and service.
______
PREPARED STATEMENT OF MICHELLE WU
Mayor, City of Boston
October 14, 2022
Thank you Sen. Warren and Sen. Markey for convening this hearing,
and for your leadership.
When Boston began building the first subway system in the country
in 1895, the idea was labeled dangerous and radical.
Business owners organized an ``Anti-Subway League,'' warning that
construction would disturb snakes and rats underground, forcing them to
the surface spreading fear and disease. The League's president, W.G.
Harris, spoke of the ``great disadvantage and damage to business'' that
would result from tearing up the street.
Thankfully, decisionmakers looked to the future, investing in our
Nation's very first subway tunnel running from Park Street to Boylston.
It took tremendous innovation--electrifying trolley cars to run
underground without suffocating coal smoke--and it reshaped what growth
looked like in our city, and our country, as more people were able to
escape traffic above-ground, and reach their destinations en masse.
Today we must continue investing in our future to make Boston a
city for everyone-green and growing, where families can thrive.
We are so grateful for your partnership--and that of the Biden
administration--in deploying necessary resources for our collective
recovery. We've allocated our ARPA funds, and are looking to stretch
every dollar from the Bipartisan Infrastructure Law and Inflation
Reduction Act to reinvigorate our city.
But none of that matters if residents can't rely on public
transportation to get where they need to go. We're here today because
all that investment--in housing, schools, economic development, and
healthy communities--is constrained by the state of public transit in
Massachusetts.
As someone who's been taking the T for decades--as a college
student, a young professional, and a mom pushing a big double stroller
through MBTA elevators, buses, and trains to get to child care--this
discussion isn't a theoretical one for me.
On Wednesday I took the Orange Line to work, grateful that it was
back in service, and excited to board a shiny new train at Forest
Hills. The ride went smoothly, but there were still 12 minute headways
at peak rush hour.
After an unprecedented 30-day shutdown of our busiest subway line,
we all still hold our breath and cross our fingers when we step into
stations and look up to see when the next train will arrive.
In recent weeks, the T has acted with more urgency than we've seen
in years, but my experience as a commuter--like so many others--is
still emblematic of the broader, systemic problem:
For too long, our approach has focused on fiscal management at the
expense of long-term vision.
The result is a system constantly on the verge of collapse--one
that directs all our energy toward meeting basic safety requirements
rather than growing and expanding public transit as critical
infrastructure.
If we want Boston to be a thriving, competitive, global city.we
can't continue to sabotage ourselves by taking a piecemeal, reactive,
bare-minimum approach.
The people of Massachusetts deserve safe, reliable, accessible
public transit. But that needs to be our starting point, not our finish
line.
Our transit system today isn't equipped to meet the needs of our
growing region. Restaurants and small businesses are desperate for foot
traffic after years of economic hardship. Large employers struggling to
get workers back in person are facing staffing shortages across every
industry because people can't afford to live close enough to walk to
work, and don't want to deal with a stressful, unreliable commute.
As a hub for health care and life sciences, innovation and
education--our possibilities are endless, if we could just connect
``all'' our communities to the opportunities here.
Doing so will require a strategic vision for the T:
One that secures long-term, sustainable funding,
Establishes a workforce development strategy,
Expands access and affordability,
And ensures that the communities most affected by the
system are the ones most empowered to shape it.
That means an MBTA Board seat for Boston, fare equity and
electrification for our commuter rail system, fare-free buses, and
accelerated progress on the red-blue connector and West Station.
Thank you, and I look forward to a productive conversation about
turning the T into a source of pride and connection for all our
residents.
______
PREPARED STATEMENT OF JARRED JOHNSON
Executive Director, TransitMatters
October 14, 2022
The MBTA is a key part of the success of Greater Boston. One only
has to look at the cranes adding millions of square feet of housing,
office, commercial, and lab space right next to MBTA stations. A report
by ``A Better City'' found that through travel time and cost savings,
savings from avoided vehicular crashes and injuries, and reduced carbon
emissions, the MBTA provides an estimated value of $13.2 billion to
Greater Boston each year. \1\ This value benefits both transit riders
and non-riders alike. That value is also more than six times the T's
annual operating budget of approximately $2 billion.
---------------------------------------------------------------------------
\1\ ``The Transportation Dividend'', A Better City, 2019 (benefit
adjusted for inflation).
---------------------------------------------------------------------------
The T is also hugely important on a human level and is essential
for social mobility, equity, and cohesion. According to AAA Northeast,
the average cost of car ownership in the Commonwealth is $10,728 a
year. \2\ The ability to live without a car or share one is a
significant savings, especially for low and moderate-income households.
A Harvard University study on ``Equality of Opportunity'' found that
``the relationship between transportation and social mobility is
stronger than that between mobility and several other factors, like
crime, elementary school test scores or the percentage of two-parent
families in a community''. \3\
---------------------------------------------------------------------------
\2\ ``Annual Cost of New Car Ownership Exceeds $10,000 in
Massachusetts'', Berkshire Eagle, 2022.
\3\ ``Transportation Emerges as Crucial To Escaping Poverty'',
Mikayla Bouchard, The New York Times, 2015.
---------------------------------------------------------------------------
Yet this value is being diminished by unprecedented reductions in
service delivery and quality, the abysmal state of good repair and
safety concerns, and lackluster leadership that has substituted
austerity for vision, and is now suffering the consequences of that
failed approach to transit operations.
The Baker Administration has bragged about more than $7 billion in
capital spending, \4\ \5\ and yet few would say that the reliability or
service quality of the T has gotten better in the past 8 years. The
agency's capital spending quite literally came at the expense of the
operating budget. As recently as this spring $500 million was unwisely
transferred from the operating to the capital budget, \6\ only months
before the FTA cited unsafe staffing levels at the T's control center
and inadequate staffing in the maintenance department. \7\
---------------------------------------------------------------------------
\4\ MBTA Crisis--Part II, Massachusetts Taxpayers Foundation,
2020.
\5\ MBTA finance cast a long, red shadow for incoming leaders,
Massachusetts Taxpayers Foundation, 2021.
\6\ T board blesses $500m transfer for capital programs, Bruce
Mohl, Commonwealth, 2022.
\7\ ``Here Are the 24 Findings the FTA . . . '', Sahar Fatima and
Taylor Dolven, The Boston Globe, 2022.
---------------------------------------------------------------------------
Deliberate decisions made by T leadership have led to outcomes that
are causing daily harm to our economy, to our air quality, and to
social equity. As a direct consequence of an understaffed Operations
Control Center, the T was directed by the FTA to take corrective
action. \8\ That action has slowed down subway service in ways that
cause real harm to our most vulnerable transit riders. Residents of
neighborhoods like Mattapan, with some of the highest travel times in
the region, often spend an extra 15-20 minutes added to their daily
commute. Residents along the Orange Line are dealing with increased
headways as well as slow zones nearly a month after the T promised
their service would improve. \9\
---------------------------------------------------------------------------
\8\ ``Under Pressure From Regulators on Staffing . . . '', Laura
Crimaldi, The Boston Globe, 2022.
\9\ ``The Shutdown Was Supposed To Make the Orange Line Faster . .
. '', Taylor Dolven, The Boston Globe, 2022.
---------------------------------------------------------------------------
The Metro Boston region cannot tolerate more disruptive shutdowns.
The MBTA needs a larger, more stable operating budget to perform more
regular maintenance. It needs to learn from peers who are able to
perform more trackwork during longer overnight periods, without
complete disruptive shutdowns. It needs to treat hiring more bus
operators and subway dispatchers like an emergency because it is one.
The agency must regain the trust of riders and stakeholders by being
honest and transparent. The double-speak around the Orange Line slow
zones and the political interference during the Blue Line shutdown \10\
have severely damaged trust. Finally, the agency has to move beyond the
``good enough mindset'' and understand that it has an obligation to
provide high-quality service, even when it must perform extensive
maintenance.
---------------------------------------------------------------------------
\10\ ``Three T Derailments in Three Days . . . '', Taylor Dolven,
The Boston Globe, 2022.
---------------------------------------------------------------------------
T riders deserve more than what the T's acting COO, called ``a more
manageable and palatable level of interruption''. \11\ Riders deserve
service frequent and reliable enough to avoid lost wages, and most
importantly, they deserve to know that their public transit system is
safe. Riders deserve to know when they will have a fully functional,
slow zone-free transit system and the steps that it will take to
achieve this goal. MBTA employees deserve leadership that works
tirelessly to improve their quality of life and works collaboratively
with labor to address worker shortages. Businesses deserve a transit
system that enables customers and employees to reach them conveniently,
reliably, and sustainably. And the region deserves a transit agency
that provides high-quality service for today and one that has a vision
for how to grow and modernize to meet tomorrow's needs as well.
---------------------------------------------------------------------------
\11\ ``The Shutdown Was Supposed To Make the Orange Line Faster .
. . '', Taylor Dolven, The Boston Globe, 2022.
---------------------------------------------------------------------------
The T needs leadership that can address the T's long-standing needs
and expands access to drive mode shift and shorten travel times for
environmental justice communities. Our climate, our economy, and our
fight for transit and economic justice can't wait.
______
PREPARED STATEMENT OF MATTHEW NELSON
Chair, Massachusetts Department of Public Utilities
October 14, 2022
Good morning, Chair Warren and Senator Markey. Thank you for the
opportunity to testify regarding the Department of Public Utilities'
(``Department'' or ``DPU'') oversight of safety management practices at
the Massachusetts Bay Transportation Authority (MBTA).
The Department of Public Utilities is responsible for oversight of
investor-owned electric power, natural gas, and water utilities in the
Commonwealth, and the agency is also charged with developing
alternatives to traditional regulation, monitoring service quality,
regulating safety in the transportation, steam distribution and gas
pipeline areas, and the siting of energy facilities. The DPU is
comprised of numerous Divisions, such as the Consumer Division,
Pipeline Safety Division, Electric Power Division, Transportation
Network Companies Division, Gas Division, and Transportation Oversight
Division.
The Transportation Oversight Division serves both consumer
protection and public safety functions. It primarily regulates safety
practices of common carriers used to transport passengers and property
including trucks, railways, buses, household moving companies, and
towing companies. The Division also licenses Massachusetts-based
intrastate motor bus companies and investigates consumer complaints
regarding a driving violation or an accident involving a Department-
licensed common carrier.
Additionally, and most pertinent to the subject of today's hearing,
within the Transportation Oversight Division, the Rail Transit Division
serves as the Commonwealth of Massachusetts' State Safety Oversight
Agency (SSOA) for the rail fixed guideway public transportation system.
The only such system in Massachusetts is the MBTA. Federal regulations
(49 CFR 674) outline a SSOA's responsibility for overseeing the safety
of the system and assessing the effectiveness of the Public
Transportation Agency Safety Plan (ASP) in ensuring safety.
The chief activities of the Rail Transit Division can be divided
into three general areas: (1) accident investigations; (2) ongoing
monitoring of safety practices; and (3) monitoring of large capital
delivery projects. Our Rail Transit Division has staff on-call-24 hours
per day, seven days per week-to respond to accidents and incidents.
While on scene, staff take notes, photos, and meet with MBTA personnel
to get an initial sense of what has happened. Division staff observe
the MBTA's investigation of an incident from beginning to end for the
purpose of ensuring that the MBTA's investigation into the cause and
circumstances of the incident are ``sufficient and thorough.''
In addition to responding to incidents, the Rail Transit staff
observes the MBTA's day-to-day safety practices and compliance with its
own Agency Safety Plan. Last year, the Rail Transit staff conducted 472
oversight activities, including: (1) document reviews, rules reviews,
and record reviews; (2) field observations conducted on-site at MBTA
properties to observe implementation of processes and procedures
referred to in the Agency Safety Plan, including site visits to yards,
car houses, and stations; (3) interviews with MBTA employees after the
DPU has made a field observation; and (4) inspections, meaning that DPU
observes an MBTA official conducting a safety activity or inspection
and then the DPU evaluates MBTA's compliance with procedure and
standards.
The Department also oversees the certification of large capital
delivery projects, like Green Line Extension (GLX) and Green Line Train
Protection System (GLTPS). The MBTA has its own Safety Certification
process for capital projects, and the DPU must observe and verify that
the MBTA follows its own Safety Certification process of new
construction.
In carrying out these functions, the Division operates under a set
of generally applicable principles. The MBTA is responsible for the
development of safety procedures and protocols for its rail system. The
DPU is responsible for safety oversight to ensure fulfillment of the
MBTA's safety functions.
The DPU takes its responsibility to ensure the safety of riders of
the MBTA's transit system very seriously, and we have been working
closely with the FTA and the MBTA to implement the FTA's
recommendations as outlined in the final Safety Management Inspection
report issued on August 31, 2022. DPU agrees that the actions directed
by the FTA are necessary for enhancing public transportation system
safety, and the DPU is working diligently to implement those actions.
DPU has already expanded its field work, including by conducting more
in-person observations, and is working to increase its resources to be
able to conduct even more field work and additional auditing of the
MBTA. The DPU is also working to hire additional staff with transit
safety experience in our Rail Transit Division, and we are actively
recruiting and continually posting jobs.
The Department is dedicated to our efforts in these areas, and we
look forward to ongoing work with the FTA and the MBTA to ensure riders
receive a safe and reliable transportation system. Thank you for the
opportunity to testify. I look forward to answering your questions.
______
PREPARED STATEMENT OF STEVE POFTAK
General Manager, Massachusetts Bay Transportation Authority
October 14, 2022
Good morning, Chair Warren, Senator Markey, and Members of the
Committee. Thank you for allowing me the opportunity to address the
Senate Committee on Banking, Housing, and Urban Affairs' Subcommittee
on Economic Policy today.
As the oldest transit system in the country, the MBTA is a system
of incredible complexity. Every day, the hard working, dedicated
employees of the MBTA provide safe and constant service to more than
600,000 customers by utilizing 12 ferries, 100 locomotives, 300+
commuter rail coaches, 600 subway cars, 800 RIDE vehicles, and more
than a thousand buses.
Over the past several months, the MBTA has faced a series of
incidents that have raised concerns about the safety of the system. I
want to state unequivocally today to the Committee and to our customers
that the system is safe--but we can and will do better. I am committed,
just as I know all of the employees of the T are committed, to
continuing to make the T a safer, and more reliable transportation
system. I look forward to sharing with this committee the significant
progress we have made and will continue to make towards that goal.
I am a regular MBTA rider, and my family regularly takes the T. The
City of Boston doesn't run a fleet of school buses for Grades 7-12.
Instead, the T provides the transportation to 25,000 school kids,
including mine.
We take this role in our riders' lives seriously. We get people
where they need to go, to grocery stores and medical appointments and
school classes and jobs. We do it through blizzards, during parades, on
holidays. And we did it throughout a pandemic that forced us to
continually pivot on a sometimes day-to-day basis, rethinking our
transit services as our ridership plummeted--all the while, with the
goal of not only providing safe and reliable trips for our riders but
also protecting the health of our riders and employees.
As riders continue to return to the system now, I understand the
frustration many of them feel. On behalf of the more than 6,400
hardworking men and women of the MBTA, we acknowledge that safety
incidents have occurred and that our service levels aren't where we
want them to be due to staffing challenges that have forced us to make
hard decisions that represent prioritizing safety above all else. These
challenges are impacting major transit agencies across the country.
Some of those incidents have had tragic results, and I again extend
deep condolences to the affected families on behalf of myself and all
of the employees at the T.
Safety has been and continues to be our top priority. In 2019, the
Fiscal and Management Control Board, on its own, commissioned a Report,
with the full support of MBTA management, by an independent Safety
Review Panel. All MBTA employees from all departments were fully
engaged and candid throughout the process. The MBTA embraced the
opportunity to review our safety processes and then make all necessary
changes in our safety procedures.
One of the Report's findings, for example, was that the MBTA's
Safety Management System (SMS) was lacking. The T had experienced a
number of operational incidents that the Safety Review Panel directly
attributed to ineffective SMS practices.
SMS is defined as a formalized, top-down, organizationwide, data-
driven approach to managing safety. Every day, in every part of the
MBTA, and even after the Report's release as the pandemic's first wave
began in 2020, we continue to steadily implement SMS and best
practices, setting safety performance targets as well as tracking and
communicating them in order to make agency-wide decisions.
Much like we embraced the process of the Safety Review Panel in
2019, we have fully supported and collaborated with the Federal Transit
Administration (FTA) during their Safety Management Inspection process,
which has focused on the heavy rail portion of the MBTA system. For the
past several months, most of our MBTA departments and individual T
staff members have conducted comprehensive, productive briefings with
the FTA on just about a daily basis. We have welcomed this opportunity
to go into great detail with the FTA about the safety initiatives we've
accomplished, those that are currently underway, and the areas that
need improvement.
At the front end of the process, the FTA identified some areas that
required early priority attention. Four early special directives were
issued, June 15, with defined timelines for corrective action plans
(CAPs). We immediately began to make both long-term, lasting plans; and
implement immediate corrective actions wherever possible.
For example, with respect to the hours that our operations staff
were working, within days of receipt of the early special directives,
we instituted a fatigue management plan to increase our operations
staff rest intervals. This meant an immediate reduction in service
levels but was necessary to prioritize the safety of our riders and our
employees. We also, almost as instantly, augmented our hiring
activities for the Operations Control Center (the OCC) so that we could
ultimately return our service levels to meet the needs of our riders'
expectations.
For the OCC, we authorized a $10,000 sign-on bonus and launched an
immediate internal hiring blitz to attract more heavy rail dispatchers.
This is a critical-skills position with the unique and imperative
requirement that applicants already work within subway operations so
that their service as a dispatcher can benefit from their working
knowledge of the system.
For the early FTA special directive 22-4, we have addressed the
areas specific to the speed restriction for the Tufts to Back Bay
curve. The worn rail was replaced ahead of schedule, as were
approximately 400 Cologne Egg fasteners. As a result, speeds were
increased from 10 mph to 18 mph. Some of this work was conducted during
the Orange Line Surge which was a topic of our Special Maintenance
Repair Plan (SMRP) submitted as part of our Corrective Action Plan for
SD 22-4. We are in active discussions with the FTA to further improve
system speed but this requires some additional plans for fasteners,
which the FTA wants to review first. This effort is a solid example of
the collaboration and rigorous ongoing engagement between the MBTA and
the FTA.
On August 3, we announced a 30-day suspension in Orange Line
service along the entire line beginning August 19 and resuming
September 19. We shut down the line to make major, expansive, and
comprehensive progress on a number of priorities identified in
directives from the FTA and to accelerate additional critical track
upgrades and other improvements.
It had become clear to us (and to the FTA) that traditional
intermittent service shutdowns were not offering us the essential
amount of time needed to perform the improvements required. The only
way to deliver the positive rider experience in a timely way was to
immediately invest a meaningful amount of time for repairs and
upgrades. Thus, we embarked on the extraordinary effort to allow 100
percent unencumbered access to the system for 30 continuous days to
accomplish the important work needed and reopen a line that our riders
deserve. While the Orange Line shutdown was the largest closure of a
line the MBTA has undertaken, we have had success with other targeted
large-scale closures over the past several years across the system.
During this unprecedented service diversion, we successfully made
sweeping improvements to the system and delivered a service to our
riders on schedule. Thirty days of 24-hour access to the Orange Line's
more-than-121,000 feet of track, its 20 stations, and the entirety of
its rights of way allowed us to accomplish a profound amount of highly
complex work that would have otherwise taken more than 5 years of
weekend and nighttime diversions, all leading to less delays and
unplanned service interruptions; and faster, more reliable, safer trips
for our riders.
We replaced track and ties across the entire Orange Line
that brought us into a state of good repair.
We replaced track in slow zones and have lifted speed
restrictions across the Orange Line--specifically Jackson
Square, Back Bay, and Tufts.
We upgraded signals at Oak Grove and Malden and replaced
two major crossover track areas that facilitate train
movements.
We upgraded track and rail within the Wellington Yard and
Maintenance Facility to provide a safer and more accessible
environment for workers, and to improve service reliability for
riders.
We are now running all new Orange Line cars and have begun
the scrapping process for the decades-old cars.
The August SMI highlighted the concern over the workforce levels at
the MBTA, and we agree this is an area where we absolutely need to do
better. We are not alone in our staffing concerns. Our peer transit
agencies around the country are also struggling to staff up their ranks
with proficient, fully trained, fully certified employees. A February
2022 Survey conducted by the American Public Transportation Association
(where 117 Transit Agencies responded) revealed that 92 percent of our
public transit agencies are experiencing difficulties hiring employees
(particularly bus operators), 71 percent of public transit agencies
have either cut service or delayed service increases due to worker
shortage issues, 66 percent of agencies are having difficulty retaining
employees, and 20-50 percent of agencies have implemented actions such
as increasing starting pay, including sign-on bonuses, introducing
referral bonuses and implementing retention bonuses to attract and
retain employees. APTA, just this week provided a survey update that
noted the workforce shortage continues to impact 96 percent of public
transit agencies (60 percent response rate). The MBTA not only shares
the same challenges as noted by APTA but also has implemented similar
actions along with many others.
We fully accept the FTA's Safety Management Inspection, and we are
continuing to work with the FTA. We are committed to fully funding all
actions to remedy any and all safety issues the FTA identifies.
We continue to refine the FTA CAP cost estimates for the four early
special directives, made up of 22 corrective action plans, provided to
the MBTA June 15. We cannot predict the full funding needs for these
directives at this time since we are still in the process of responding
and working through unknown considerations to respond to the FTA in the
short and medium term but anticipate the need for approximately $300
million in costs. The costs are a mix of funded and unfunded items, and
current estimates are preliminary, with likely more than $200 million
in costs that are not currently budgeted to address the four early
special directives.
For the four directives from the August SMI report, cost estimates
are currently being developed through a combination of one-time,
recurring, and contingency costs between capital and operating
initiatives spread over multiple years. Early estimates forecast a need
for $225-300M for Fiscal Years 2023 through 2028. Our estimates are
limited by current information available and are being updated
frequently (and contain many preliminary assumptions pertaining to
headcount, headcount costs, funded and unfunded costs).
We are working with the Administration to identify funding sources
to support these efforts. Governor Charlie Baker has filed a
supplemental budget which includes $200 million for the MBTA to provide
additional resources towards addressing the FTA's safety directives and
ensuring a safe, reliable transit network for its riders. The
supplemental budget also includes $10 million for MassDOT, in
collaboration with the MBTA, to develop a training academy to create a
talent pipeline to address the staffing challenges at the MBTA. These
funds will be used in FY23 to help cover costs arising out of the FTA
Safety Management Inspection, to fund material and equipment purchases,
increased staffing and recruiting, and will also support key safety-
focused maintenance efforts.
At the MBTA, we recognize the important role we play in the daily
lives of the communities we serve, and we know the transit services we
provide are critical. The heart and core of what we do is providing
reliable, safe transit service to riders who expect and deserve a
modern, best-in-class system. Modernizing and upgrading the T,
including aspects related to safety, can and does take time, but we're
continuing to make progress. Safety is our number one priority at the
MBTA, and we fully support all opportunities to review our practices
and make changes to become a safer service and organization, including
in the areas identified by the 2019 Safety Review Panel Report as well
as the current FTA Safety Management Inspection, focusing on our heavy
rail. The SMI report summarized issues that will take many years to
resolve. While the early directives were tactical in nature, the August
directives were strategic and systemic. They will take years to resolve
but the work is already well underway. As I said at the beginning of my
testimony, I am committed to continuing to working as hard as I can to
achieve these goals.
Thank you again for allowing me this opportunity to speak. I look
forward to continuing to partner with the Legislature as we advance
these initiatives at the T, and to sharing more about our progress in
making the MBTA a safer place.
RESPONSES TO WRITTEN QUESTIONS OF CHAIR WARREN
FROM MATTHEW NELSON
Q.1. What changes has the DPU made to ensure proper oversight
of the MBTA? Should these changes still in progress to reach
optimal performance, what is the timeline to a full strength
DPU?
A.1. The Department of Public Utilities (DPU) has taken action
to enhance the DPU's oversight of the safety management
practices of the Massachusetts Bay Transportation Authority
(MBTA), both prior to and in response to the Federal Transit
Administration's (FTA) 2022 Final Report on the Safety
Management Inspection (SMI) of the MBTA and the DPU.
Throughout my tenure as Chair, the DPU has been working
with the FTA to shift to a more proactive approach to safety
oversight. Historically, the DPU's approach to safety oversight
concentrated on accident investigation and determination of the
root cause of an accident after it occurred. In recent years,
the DPU Rail Transit Division is working toward a more
proactive approach to identify hazards and risks before they
occur, while also remaining vigilant to the function of root
cause analysis. Similarly, the MBTA is implementing a more
proactive approach to safety through the MBTA Safety Management
System.
As part of the FTA's 2022 Report on the SMI of the MBTA and
the DPU, the FTA issued Special Directives requiring the DPU
and the MBTA to take certain actions to address the FTA's
findings. The Special Directives required the DPU to, among
other things, review and oversee the implementation of the
MBTA's Corrective Action Plans (CAPs), which are step-by-step
plans of actions developed to achieve the resolution of
identified problems. The Special Directives also direct the DPU
to submit CAPs to the FTA describing how the DPU will monitor
the MBTA's CAPs, and to provide more robust oversight of the
MBTA, including through the timely resolution of all MBTA CAPs.
In response to the 2022 Report on the SMI of the MBTA and
the DPU, the DPU has worked with the FTA to identify MBTA-
required actions and ensure that the MBTA's CAPs are sufficient
and properly executed. The DPU has been conducting timely
review of the MBTA's CAPs and submitting our review to the FTA.
The DPU has also created Inspection and Verification Plans for
each MBTA Corrective Action and sent copies to the FTA. In
addition, the DPU has submitted to the FTA a CAP that responds
to the issues that FTA directed DPU to address.
The DPU has also increased the number of full-time
employees that work on rail safety oversight beyond previous
levels, and we are working to hire additional staff. DPU
targets 18 full time employees dedicated to rail safety
oversight. In addition to a Director of Transportation and a
Program Manager, the DPU currently has six full time employees
dedicated to rail safety. This number is higher than it has
been in the past, prior to the FTA's 2019 triennial audit of
the DPU.
More recently, following the FTA's 2022 triennial audit of
the DPU, the DPU will conduct a workload assessment to
determine the right compliment of staff and resources required
to ensure effective oversight of MBTA's Safety program. Already
the DPU has created two new positions, a Director of Rail
Oversight, and an Assistant Director. The DPU is also working
to fill four vacant positions, including the positions of
Public Utilities Engineer, Auditor, Compliance Officer, and
Assistant General Counsel. Although identifying individuals
with rail safety expertise is challenging, the DPU is actively
reaching out to rail safety programs across the country,
attending job fairs, listing postings with State universities
and other forums, and working internally and with other
government entities to enhance visibility of our postings. We
have seen recent progress in our hiring efforts, and are
currently fielding applicants, conducting interviews, and
making offers. The DPU is also continuing efforts to engage a
consulting firm to bring additional field staff on board to
augment DPU Rail Transit staffing.
The DPU is working to expand its resources to conduct more
field work and auditing of the MBTA to provide further
oversight and verify that the MBTA is carrying out the FTA's
directives. The DPU's increased field and auditing work
includes weekly unannounced visits to the MBTA Operations
Control Center to ensure that MBTA employees are not working
excessive hours, that there is appropriate coverage, and to
verify sufficient internal documentation and tracking
materials. This work also includes weekly visits to yards and
car houses to verify safe working conditions, the
implementation of new yard procedures, and ensuring that the
MBTA conducts a pretrip ``circle check'' on each vehicle before
they go into service. The Rail Transit staff also conducted
extensive monitoring of the Orange Line ``surge'' through
conducting field visits, attending multiple meetings, and
attending on site Safety Briefings.
The DPU is internally reviewing our policies and
procedures, including updating staff's technical training plans
and automating the DPU's process for verification of MBTA
completed actions. The DPU is working closely with the FTA to
develop additional notification and action procedures in order
to ensure that any safety issue that the DPU flags is
implemented in a timely manner and that the MBTA makes thorough
changes to avoid ongoing safety concerns. We are reviewing and
updating processes and thresholds for using existing
enforcement authority to ensure timely resolution of MBTA
required actions and will not hesitate to take enforcement
actions if there are areas of noncompliance.
The safe delivery of services utilizing the public way is a
core function of the DPU. Consumer protection is also at the
core of the DPU's mission. To fulfill its core mission, DPU
employs subject matter experts in safety, as well as subject
matter experts in other disciplines, including engineering,
economics, and regulatory compliance. The DPU consistently
utilizes an interdisciplinary team to ensure the safety of the
public, including MBTA riders.
------
RESPONSES TO WRITTEN QUESTIONS OF CHAIR WARREN
FROM STEVE POFTAK
Q.1. I'd like to ask about the workforce at MBTA. We know that
some of these issues can be solved by increasing the number of
employees and ensuring everyone is getting necessary rest and
training. During the hearing it was mentioned that the MBTA is
1,500 to 2,000 employees short.
What sector of employee is needed for the MBTA? Is it train
operators, safety professionals, Department of Public Utilities
inspectors, or station managers?
A.1. New employees are needed to fill vacancies and newly
identified roles across all major MBTA departments and
functions, including operations, maintenance, safety, training,
and support areas. The specific extent of these needs will be
articulated as part of the staffing assessment performed in
response to the FTA Safety Management Inspection. Note that
Department of Public Utilities inspectors are not employed by
the MBTA, and MBTA's operational needs are not directly
constrained by Department of Public Utilities staffing levels.
Q.2. Is there any concern about the lack of pay and benefits
for our MBTA staff? How does the pay and benefits compare to
other stations?
A.2. The Workforce Assessment and Hiring Plan that we are
completing as part of our SMI response will include a review of
the MBTA's compensation and benefits compared to our peer
agencies or other industries where our candidates may be
looking.
Q.3. Beyond the MBTA, the MA DPU is the oversight body
responsible for handling accidents along transportation.
A.3. DPU is responsible for oversight of MBTA's compliance with
external safety regulations and internal safety program
requirements, extending to accident investigation as well as
all other aspects of safety policy, safety risk management,
safety assurance, and safety promotion.
Q.4. I want to address riders concern about safety on the T. I
want to ensure that my constituents feel safe and confident
about taking the T throughout their day.
What other, if any, delays are expected for the T in the
upcoming year? Will there be another shutdown of a line or a
portion of a line?
A.4. The MBTA's maintenance and capital plans require
significant ROW access to modernize the system and keep it in a
state of good repair. Since the Orange Line surge, the MBTA has
on occasion closed subway lines for one weekend at a time, or
closed 2-3 hours early on weeknights, to carry out state-of-
good repair operations. This practice will continue. The MBTA
does not have plans to shut down entire subway lines at this
time.
Q.5. Following up on Senator Markey's question of future work,
what other track maintenance is needed for the T to ensure a
safe and enjoyable ride?
If none, what are the next wave of improvements on deck for
the T?
A.5. MBTA puts speed restrictions in place to ensure the safety
of the traveling public and its employees when any wear or
defects are identified in the track infrastructure.
Q.6. If there are more maintenance and changes necessary, how
much time will be given to the community and government
officials to adjust and change their schedule? I am worried
that my constituents are surprised and shocked when changes and
shutdowns occur, especially in situations where the T is the
only way to get to work/school.
A.6. We understand the important role that the MBTA plays in
moving people throughout the region. These types of disruptions
are immensely inconvenient but necessary to bring the MBTA's
system into a state of good repair. Going forward the MBTA will
make every attempt to provide the riding public with as much
time as possible to plan for future disruptions.
Q.7. During the hearing, there was much discussion from Mr.
Johnson and Mayor Wu about ``fare equity on the commuter rail
system'' and expanding ``fare free bus pilot'' and how these
provisions would ease congestion throughout the MBTA and
decrease traffic levels throughout our city. What are the plans
to implement these programs to promote equity throughout the
system?
A.7. On March 24, 2022, the MBTA Board approved changes that
will expand our products for reduced fare riders and simplify
tariff rules. Changes include:
Permanent 5-Day FlexPasses on Commuter Rail.
Lower pricing for 1-Day LinkPasses.
A new 7-Day LinkPass for reduced fare riders.
Expanding Reduced Fare Monthly Passes to all modes.
Second transfers on bus and subway and transfers
between Express Buses.
These changes went into effect by July 1, 2022.
Q.8. The MBTA is taking steps to improve its hiring process for
bus drivers and dispatchers, including by establishing signing
and referral bonuses, partnering with the Registry of Motor
Vehicles (RMV) to speed up review of applicants' driving
records, investing $20 million in its hiring team and covering
all fees associated with earning a Class B CDL license.
In addition to these steps, how is the MBTA planning on
funding more competitive salaries to attract and retain talent
among bus drivers?
What additional flexibilities could the MBTA offer to bus
drivers and dispatchers to attract and retain talent?
A.8. Additional options for attracting and retaining talent are
being explored for a variety of MBTA roles, including bus
operators and dispatchers, as a part of the ongoing response to
the FTA Safety Management Inspection.
Q.9. The MBTA is competing with private entities seeking
applicants with CDLs, which include other bus companies,
Amazon, and UPS.
What do private entities offer to prospective hires that
the MBTA currently is not offering to applicants?
A.9. There are several significant differences that distinguish
MBTA positions requiring a CDL from other bus companies and
private companies including Amazon and UPS. MBTA's riders
depend on the availability of peak service levels in the
morning and evening to support commuting; unlike private
distribution services, which make deliveries on fixed and
continuous shifts, this need requires MBTA to make use of split
shifts to ensure adequate coverage. Private trucking CDL
operators carry freight and are not required to perform
customer service duties, an essential part of MBTA's service
delivery performed by its operators which requires additional
training and skill in comparison to other roles requiring a
CDL. These essential aspects of MBTA's service may make
operational roles less attractive to certain individuals but
are fundamental constraints on MBTA's ability to offer similar
working conditions to other public or private sector roles
requiring a CDL.
Q.10. How can the MBTA close those gaps to effectively compete
with the private sector, aside from hiring bonuses and good
pay?
A.10. As part of its SMI response to the FTA, the workforce
assessment that the MBTA is currently undergoing will include
an analysis of workforce flexibility and other incentives for
prospective candidates.
Q.11. If approved, how would the MBTA effectively use the $10
million proposed by the governor to create a dedicated training
academy? How would the MBTA redirect talent from existing
vocation programs and trade schools?
A.11. MBTA departments including Vehicle Maintenance have
already begun exploring process changes to training programs to
build and sustain a talent pipeline between vocational
programs/trade schools and the MBTA. Solutions include
development of new job classifications designed to allow
vocational school or community college graduates to apply,
completing programs of classroom instruction and shop floor
guided training before being granted the opportunity to pass
entrance and licensing exams, and interviews for full-time,
independent positions.
Q.12. FTA has stated that the decision to shut down the orange
line came entirely from the T. Is that correct?
What was the basic reasoning behind the shutdown then?
A.12. Yes, it is correct that the T made the decision to shut
down the Orange Line for 30 days to perform construction
activities and accelerate maintenance work; allow for adjacent
construction projects to progress with the advantage of not
restoring train service each day; and to give the MBTA the
ability to manage the critical Heavy Rail Dispatcher staffing
shortage.
The reasoning for the 30-day shutdown of the Orange Line
was to offer improved work efficiency to perform several
crucial initiatives that would improve the safety and
reliability of Orange Line service. There were several factors
that informed the MBTA's decision, including the urgency of
needed work, breadth of work across the entire length of the
Orange Line, and combined efficiency gained by performing the
work simultaneously.
The MBTA had a preexisting planned 30-day shutdown for the
month of August to conduct construction investment into the
North Wellington Yard interlocking and signal system upgrades
from Wellington to Oak Grove. This work required a service
diversion from Oak Grove to Wellington stations.
The MBTA had recently experienced two emergency closures of
the Orange and Green lines in the Haymarket area. These
emergency closures were due to a major construction accident
involving the partial collapse, and ensuing structural
condition of the Government Center Garage. While the Government
Center garage is a privately owned structure undergoing private
redevelopment, the building is positioned directly above the
tunnels for the Orange and Green lines and the private
redevelopment project required that no trains be running and no
public traffic be in or around the station in order to conduct
critical demolition work. This work required a service
diversion from North Station to Back Bay (and simultaneously
North Station to Lechmere/Union Square on the Green Line).
The MBTA had received Special Directive 22-4 from the FTA
which required the MBTA to expedite planned repairs to the
curved track segments in the Tufts Medical Center and Back Bay
portions of the line. This work required service diversion from
Tufts Medical Center to Ruggles. Note, with respect to the
above, the work required service suspension from Oak Grove to
Ruggles (15 of the 20 orange line stations).
Furthermore, the MBTA was managing a critical shortage of
heavy rail control center dispatchers, that limited our ability
to simultaneously dispatch train service and implement track
access to construction and maintenance crews until additional
staff could be hired. By suspending Orange Line service, the
MBTA was able to shift staff resources to manage the Red and
Blue heavy rail lines and the MBTA administrative departments
were afforded the 30 days to accelerate dispatcher hiring and
training, as well as to retrain staff who had previously
performed Heavy Rail dispatch duties.
The MBTA's efforts to secure alternative bus service
providers informed the MBTA that our only opportunity to secure
the quantity of buses needed to transport the Orange Line
ridership could be provided through the middle of September.
Q.13. Where did the timeline of 30 days come from?
A.13. The 30-day timeline needed to fit into the opportunity
window between other major project diversions and needs,
particularly ATC work on North Side commuter rail (an FRA
mandate that couldn't be delayed).
Q.14. Where did the 5 years of work come from?
A.14. If all the work had occurred at night, it would have
taken more than 5 years to perform the work.
Q.15. Given that the work is ongoing in years, how significant
was the backlog?
A.15. The backlog for the work that was completed was 5-years'
worth of overnight work. However, there is and will always be
some work as maintenance is an ongoing process.
Q.16. If the backlog was 5 years or greater, would you it be
fair to say that all riders have been receiving subpar and
unsafe service for at least the last 5 years?
A.16. No. That would not be fair to say. Maintenance is a
continuous cycle and does not equate to subpar or unsafe
service. A 5-year backlog is the length of time that the work
would take to complete if it is performed solely during
overnight hours.
Q.17. Given that the work remains ongoing with speed
restrictions in place, why did the MBTA open up the T after 30
days?
Would it have not made more sense to keep it closed down to
finish the work?
Do you consider it a mistake to have reopened the Orange
Line when you did, given that the service restrictions remain
and the work is still ongoing?
A.17. No. The MBTA needed to be cognizant of bussing
restrictions as well as the impact to other projects/diversions
throughout the entire MBTA network. The planned work was
completed and was safe to reopen. Additional work is
preventative to ensure continued reliability and state of good
repair.
Q.18. How can you say you are not certain when the work will be
finished if you could make the decision to reopen the T? Said
another way, how did you have enough information to decide that
the Orange line should be open at that juncture and work should
continue, but don't have enough information to determine when
the work will be completed?
A.18. The scheduled work was completed, and the work was safety
certified. It was safe to open and reduce impact on the riders
and municipalities. Work performed outside of a full-shutdown
scenario is restricted to overnight hours where productivity is
vastly reduced, due to the time required to power down, power
up, bring in necessary resources, store resources, etc.
Q.19. In the FTA report it states that the ``MBTA reported
that, due to the challenges and uncertainties of the COVID-19
public health emergency, they have not completed action to
address previous findings regarding the need to assess staffing
needs for operations and maintenance. Nevertheless, during this
same period MBTA aggressively moved forward with its $2 billion
per-year capital program, supported largely by existing and
overtime resources from the agency's operations and maintenance
departments and contractors. In January 2022, MBTA's leadership
team and Board of Directors took the unprecedented step of
transferring an additional $500 million from the MBTA's
operating budget to its capital budget.''
Can you explain the reasoning behind this?
A.19. Capital work modernizes the system and brings it into a
state of good repair. The $500M included almost entirely
safety-related projects.
Q.20. In hindsight was this a mistake?
A.20. We are confident that this action was the best choice,
given resource timing and the need to perform safety-critical
projects.
Q.21. In the Boston Herald on 10/3/22 it stated that: ``It's
going to cost an extra $1 billion to fund Orange and Red Line
infrastructure improvements, MBTA officials said, beyond the
$1.6 billion already earmarked in its capital investment
plan.'' In light of the previous quote from the FTA report
about the transferring of funds and the aggressive capital
spending, would you say again knowing the additional needs that
it was a mistake?
Can you explain how this additional billion dollar figure
came to be? What will the money go towards?
A.21. The capital investments programmed are to bring the Red
and Orange Lines into states of good repair. Maintenance and
repair work is always ongoing.
Q.22. How did you miss the billion dollars when projecting
evaluations previously?
A.22. The $1B was not missed. We have a known, significant
capital backlog. The CIP and operating maintenance budgets are
fiscally constrained and do not/have not met the full
investment needs.
Q.23. In the Globe Article on the Orange Line from 10/7/22, its
states that MBTA had replaced 400 cologne egg fasteners but
still had around 200 more before you can reach a top speed of
travel between Tufts Medical and Back Bay. Was there 50 percent
more work required on this than had been predicted/assumed?
If yes, why did the T resume Orange Line operations before
completing the additional work?
A.23. (Compound answer below.)
Q.24. Additionally, if yes, that seems like a significant
underestimate. How did the MBTA miss that originally and why
did it fail to share the extra work needed with its partners
and the public?
A.24. (Compound answer below.)
Q.25. If no, why did the T resume Orange Line operations before
completing the work it anticipated needing to do?
A.25. Yes, there was more work to replace the fasteners than
originally anticipated. It is important to note that the key
objective of the task was to replace the running rails due to
worn rail conditions to increase the speed from the restricted
10 mph. The worn rails were replaced as intended and are
supported on Cologne Egg fasteners. We replaced 386 fasteners.
Then the speed restriction was raised to 18 mph. The quantity
and level of effort required to remove and re-install new
fasteners was discovered to be more complex due to the
methodology of the original 1980's-era construction,
necessitating significantly more extensive concrete slab work
than originally anticipated. In order to mitigate accelerated
degradation of the rails and new fasteners (due to the
curvature of the tracks), the line speed will remain at 18 mph
until an additional approximately 140 Cologne Egg replacements
are completed.
The MBTA was able to resume service on the Orange Line
safely and within the 30-day period that was announced.
Q.26. Can we acknowledge that ridership was down significantly
from March 2020 and ridership remains below what it was at that
point?
A.26. Yes, ridership decreased significantly during March of
2020, and it has not fully rebounded. However, some services
have rebounded better than others.
Q.27. Was there ever any consideration of doing significant
maintenance work at that point, as it would have disrupted the
commutes of far few riders and perhaps produced safer rides
from that point on?
A.27. (Compound answer below.)
Q.28. If yes and you did not undertake the work, why did you
not?
And do you consider that a mistake?
If no, in hindsight was that a mistake?
A.28. Preparations to complete expanded maintenance work on the
system began not long after trends in ridership through 2020
became evident. However, MBTA's response to the COVID-19
pandemic was and remains the most significant safety-related
activity to protect riders and employees performed in March
2020 and the immediate months following. The pandemic had a
profound effect on transit systems nationwide during this
period: in one example, New York's MTA suffered at least 118
employee deaths between March and July of 2020 alone. MBTA's
efforts to protect its staff and riders and avert the
catastrophic effects of COVID-19 required a full mobilization
of both management and frontline staff to evaluate, procure,
distribute, and deploy Personal Protective Equipment, update
policies, procedures, and health guidance for employees, roll
out technical solutions to enable remote work for select roles,
evaluate and manage impacts on service, and communicate key
changes to riders and other stakeholders. The absence of an
effective COVID-19 vaccine, social distancing requirements,
travel bans imposed by Massachusetts and other States, supply
chain impacts on PPE and other essential equipment, and other
factors restricted the Authority's ability to act on changes in
ridership patterns until later in the pandemic.
Q.29. Can you provide a full accounting of what the cost of the
work to the Commonwealth?
How much did the shuttle bus contract cost?
What was the original estimate for this?
How much money overtime did the work require?
What was the original estimate for this?
How much did the additional communications, in all forms,
outreach, ambassadors, fare changes, signage, etc. cost to
explain the changes to the passengers' commute?
What was the original estimate for this?
How much tax revenue do you believe the Commonwealth
businesses lost over this period?
A.29. We do not know. (For all parts of Question 29, please
reference Attachment A.) [Not included in time for
publication.]
Q.30. How much did ridership decline during this period?
A.30. We are able to estimate that the MBTA retained about 60
percent of typical Orange Line ridership during the surge. For
the ridership that remained, about 15-20 percent of usual
passengers switched to another MBTA mode (Commuter Rail or bus)
and the other 40-45 percent utilized the shuttles. Please note
that these are estimates and subject to revision as we get more
data.
Q.31. Where were the biggest budgetary surprises?
What if any parts of the work ended up costing more?
A.31. (Compound answer below.)
Q.32. Where did the Commonwealth save money?
A.32. Contractors realize a 40 percent or more productivity
increase with full access during a diversion compared to night
work.
Q.33. What do you anticipate the total cost to the Commonwealth
being to get the system to optimal safety and service as
outlined by the FTA?
A.33. As of this moment we do not have a full estimate of what
the total cost will be to the Commonwealth.
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