The Chapter 90 Program was enacted on March 23, 1973, by vote of the Public Works Commission to entitle Municipalities to reimbursement of documented expenditures under the provisions of General Laws, Chapter 90, Section 34, Clause 2(a) on approved Projects. The Funds provided from Transportation Bond Issues authorizes such Capital Improvement Projects for Highway Construction, Preservation and Improvement Projects that create or extend the life of Capital Facilities as follows:
Grants are made in accordance with Section 34 Chapter 90 MGL. These funds shall be used in compliance with all applicable statutes and regulations, including but not limited to, Chapter 30, Section 39M; Chapter 149, Section 44J; Chapter 149, Section 26-27F; as applicable for maintaining, repairing, improving and constructing town and county ways and bridges which qualify under the State Aid Highway Guidelines adopted by the Public Works Commission.
All municipalities are required to include price adjustment clauses for diesel fuel, gasoline, liquid asphalt, Portland cement concrete, and steel in the bid documents of all construction contracts to be funded under the program described in Chapter 4, Section 6C of the Massachusetts General Laws (commonly referred to as "the Chapter 90 Program"). Specifically, the price adjustment clauses are required for Chapter 90 Program projects authorized by Chapters 86 and 303 of the Acts of 2008, pursuant to St. 2008, c. 303 An Act Financing Improvements to the Commonwealth's Transportation System, and funds authorized by Chapter 10, Section 4 of the Acts of 2011, pursuant to St. 2011, c. 10 An Act Providing for the Municipal Road and Bridge Maintenance Needs of the Commonwealth.