"The Massachusetts Millennium Greenway Trust is hereby established for the purpose of planning, operating, designing, redesigning, managing, constructing, reconstructing, improving, rehabilitating, financing, refinancing, controlling and maintaining the Rose Kennedy Greenway," reads the legislation that was filed in the House yesterday.

In its first paragraph, the governor terms the legislation "emergency law" stating "the deferred operation of this act would tend to defeat its purpose." The trust would be funded by a surtax imposed on properties within the Artery Betterment District, which comprises businesses that are located along the Surface Artery or within a quarter mile of it.

The trust would be administrated by a seven-member board. Five members would be appointed by the governor and the remaining two would be appointed by Mayor Thomas M. Menino. The mayor would appoint the chairman.

According to the legislation, the Massachusetts Turnpike Authority would give the Trust $31 million for capital construction. The Trust would also get funds by leasing, selling or developing certain parcels owned by the Authority.

The filing of the legislation comes after years of wrangling between the city, the state and the Authority over who gets control of the Surface Artery. The bill has gone to the Joint Transportation Committee and it is unclear if it will reach the floor before the legislature adjourns at the end of the month.

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