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Toll removal might be illegal, official says

Inspector general cites possible financial issues

State Inspector General Gregory W. Sullivan yesterday said his office has "serious legal and financial concerns" about the Massachusetts Turnpike Authority's plans to remove tolls west of Route 128 and transfer the western turnpike to the state Highway Department.

In a letter sent to Authority chairman John Cogliano and MassHighway Commissioner Luisa Paiewonsky , Sullivan said the move might be illegal because the Authority plans to use $86 million from the lease of service plazas to pay a portion of the western turnpike's $199 million bond debt.

Sullivan said state law does not allow this and that money from the lease of the service plazas can be used only for the operation and maintenance of the turnpike.

If a court ruled that the money from the service plazas could not be used to pay off the bond debt, Sullivan said, the Turnpike Authority or the state would have to come up with the $86 million. If the tolls are removed, "the Commonwealth will lose significant revenues for years to come," Sullivan wrote, adding that revenue from the service plazas is expected to rise significantly in the future.

Sullivan also recommended that the state and the Turnpike Authority begin a detailed inspection of the western turnpike, which cannot be transferred to the state until the Highway Department deems the roadway to be in good condition and repair.

Jon Carlisle , spokesman for the Turnpike Authority, yesterday declined to directly address the concerns that Sullivan raised but noted that the board plans a series of public hearings on the proposal. "We are moving forward in a very deliberative process that can and will address these issues," he said.

Though he says he is neutral on the policy questions of removing the tolls, Sullivan's letter is the latest potential roadblock to ending the tolls.

Last week, Governor-elect Deval Patrick said he opposes the plan. The state's environmental secretary also ordered that the plan not be enacted before he determines whether it needs an environmental review.

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