"The order declares that grave doubts exist as to the constitutionality of Senate No. 1534, if enacted, and requires the opinions of the Justices on the following question:
"'Is it constitutionally competent for the General Court, in view of the limitations provided in Article 78 of the Amendments to the Constitution of the Commonwealth on the use of certain revenues and excises for highway and mass transportation purposes, to enact said bill providing for the establishment of bicycle paths in the commonwealth, (Senate No. 1534) into law?'
"The design of Senate No. 1534, apparent from a reading of the provisions of the bill, is to construct bikeways and bicycle parking facilities for use by commuting bicyclists (those using a bicycle as a means of transportation rather than recreation) thereby providing a safe and convenient alternative to travel by motor vehicle, and, in addition, thereby increasing the safety of our highways for motor vehicles. Although no restriction appears in the bill which would exclude bicyclists pursuing recreational interests from the bikeways or would prohibit them from using the parking facilities, the dedication of the bikeways and parking facilities to commuting purposes is reflected in provisions of the bill establishing guidelines for the construction of the bikeways and parking facilities.
"Under sec. 1 of the proposed bill, bikeways are to be constructed along 'highways to be designated primary and secondary bikeway commuting routes' (emphasis supplied). The bill also provides that the bikeways are to be planned and constructed with consideration given to 'potential users in high density employment areas,' to 'bicycle accident locations,' and to 'connections to other modes of transportation,' all of which reveal a primary focus on the needs of commuters.
"Our conclusion that the bikeways are intended to provide an alternative means of travel for commuters is bolstered by the fact that all the bikeways constructed pursuant to the bill are to be tied to the highway system. According to the definitional section of the bill, both bike lanes and bike routes are to share certain roadways with other forms of transportation. The distinction between a bike lane and a bike route is that the former is created by designating ('by means of painted lines, pavement coloring or other appropriate markings') a lane for the exclusive use of bicycles, whereas the latter is established merely by designating a roadway to be shared by bicycles and other forms of transportation.
"A 'bike path,' according to the bill, is 'a route for the exclusive use of bicycles separated by grade or other physical barrier from motor traffic.' We construe 'bike path,' so defined, as referring only to a path adjacent or in proximity to a roadway used by motor vehicles. The use of the terms 'grade' and 'physical barrier' to define the nature of the separation of the bike path from a roadway indicates that the bike paths contemplated by the bill are only those that parallel a roadway. ... Additionally, bikeways, according to sec. 1 of the bill, are to be classified as 'primary and secondary' according to the highways to which the bikeways relate, lending further support to our construction of the term 'bike path.' ...
[...]
"The design of the bikeways, as gleaned from the nature of the bill's provisions, is intended to encourage the use of bicycles by commuters, to provide a safer means of transportation for both bicyclists and drivers of automobiles and other vehicles by designating routes available to each, and to reduce congestion on the highways. The bicycle parking facilities are intended to facilitate the use of our mass transportation network.
[...]
"We conclude that a bikeway as defined in the proposed bill is so intimately related to a highway, to traditional highway uses, and to the interests of motorists that the establishment of bikeways is within the scope of the provision in art. 78 permitting the use of the specified funds for 'construction, reconstruction, maintenance and repair of public highways.'
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