AJR105

ASSEMBLY JOINT RESOLUTION

No. 105

STATE OF NEW JERSEY

211th LEGISLATURE

INTRODUCED MAY 17, 2004

Sponsored by:

Assemblyman PATRICK DIEGNAN, JR.

District 18 (Middlesex)

Assemblyman ERIC MUNOZ

District 21 (Essex, Morris, Somerset and Union)

Co-Sponsored by:

Assemblymen Bramnick, Barnes and Cryan

SYNOPSIS

Creates "Smart Freight Railroad Study Commission."

CURRENT VERSION OF TEXT

As introduced.

(Sponsorship Updated As Of: 10/19/2004)

A Joint Resolution creating the "Smart Freight Railroad Study Commission."

Whereas, Approximately 24 million tons of freight per year are moved along the State's Class I long distance and short-line railroads; and

Whereas, Northern New Jersey is at the center of rail freight services in the State, supporting the demand for the distribution of freight out of the Port of New York and New Jersey, the biggest container port on the eastern seaboard, and Newark Airport, one of the fastest growing air cargo hubs in North America; and

Whereas, To meet the demand, short-line freight railroads in northern New Jersey are expanding through the reactivation of previously unused or abandoned rail lines and construction of new rail lines, potentially leading to a cumulative increase in freight traffic along the Rahway Valley Railroad, the Lehigh Valley Railroad, the Staten Island Railway, the Raritan Valley Line, the Erie Lackawanna, the Chemical Coast Line, the Reading System, and the West Trenton Line; and

Whereas, These railroads were laid out in the 19th century and are being reactivated to meet 21st century needs; however it is not clear whether this expansion is being engineered with an overall strategic plan that maximizes the efficiency of freight movement while minimizing the impact on traffic flow, the environment, and safety in the communities near the rail lines; and

Whereas, Since the Department of Transportation has purchased the rights-of-way for several of these abandoned rail corridors for the reactivation of rail transportation services, it is appropriate to establish a commission to study the costs and benefits of short-line freight railroad expansion before more State money is spent on the process; now, therefore,

Be It Resolved by the Senate and General Assembly of the State of New Jersey:

1. There is established a commission to be known as the "Smart Freight Railroad Study Commission" to consist of ten members as follows:

a. Two members of the General Assembly, with special consideration given to members who represent the areas that would be affected by freight rail expansion and who shall not be of the same political party, to be appointed by the Speaker of the General Assembly, to serve during the two-year legislative session in which the appointments are made;

b. Two members of the Senate, with special consideration given to members who represent the areas that would be affected by freight rail expansion and who shall not be of the same political party, to be appointed by the President of the Senate, to serve during the two-year legislative session in which the appointments are made;

c. The Commissioner of the Department of Transportation, ex officio, or the commissioner's designated representative;

d. Five members of the public to be appointed by the Governor with the advice and consent of the Senate: one of whom shall be a representative of the rail freight services industry, one of whom shall be a representative of the environmental community, one of whom shall be an individual with expertise in New Jersey transportation issues, one of whom shall be a representative of the New Jersey State League of Municipalities, and one of whom shall be a representative of a community-based organization that represents the interests of the communities near the short-line freight railroad expansion projects. No more than three of the members appointed by the Governor shall be of the same political party.

The members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the commission for this purpose.

Vacancies in the membership of the commission shall be filled in the same manner as the original appointments.

2. a. The commission shall organize within 30 days after the appointment of the majority of its members and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary, who need not be a member of the commission.

b. The commission shall meet at the call of the chairperson and, except as provided by section 4 of this joint resolution, hold hearings at such places as the chairperson shall designate, during the sessions and recesses of the Legislature.

c. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency, as it may require and as may be available for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.

3. The commission shall conduct a thorough and comprehensive study of whether there is a need for the reactivation and construction of short-line freight railroads in northern New Jersey, and whether the potential for economic growth from the expansion of the rail lines justifies the economic cost to the State, the impact on air, soil, ground water, noise, and vibration pollution in the area of the rail lines, and the impact on the quality of life of nearby communities with regard to traffic flow, safety, and property values.

The commission shall adopt findings and recommendations as to whether the State should proceed with the expansion of short-line freight railroads in northern New Jersey or postpone the expansion projects until a more comprehensive plan of the State's short-line rail freight system can be developed by experts in rail freight transportation.

The commission shall prepare and submit a final report, containing its findings and recommendations, no later than one year after the commission organizes, to the Governor, the President of the Senate, and the Speaker of the General Assembly.

4. Within six months after the commission organizes, the commission shall hold at least one public hearing in a county in northern New Jersey that would be affected by short-line rail expansion to receive public input into short-line freight railroad expansion. The commission shall provide at least 10 days' notice to the public of the time and place of the public hearing.

5. Beginning on the effective date of this joint resolution, the Department of Transportation shall not enter into any new contract for the purposes of rehabilitation or construction of railroads, tracks, structures, or rights-of-way for the reestablishment or establishment of short-line freight rail services until the commission has completed its report.

6. This joint resolution shall take effect immediately and shall expire 30 days after the commission submits its final report as prescribed in section 3 of this joint resolution.

STATEMENT

This joint resolution creates a ten member commission, to be known as the "Smart Freight Railroad Study Commission," composed of members of the Legislature, the Commissioner of the Department of Transportation, and five members of the public who are appointed by the Governor with the advice and consent of the Senate. One public member shall represent the rail freight industry, one shall represent the environmental community, one shall represent the New Jersey State League of Municipalities, one shall represent a community-based organization that represents the interests of the communities near the short-line freight railroad expansion projects, and one shall be an individual with expertise in New Jersey transportation issues.

The commission shall conduct a thorough and comprehensive study of whether there is a need for expansion of the short-line freight railroads in northern New Jersey, and whether the potential for economic growth from the expansion of the rail lines justifies the economic cost to the State, the impact on air, soil, ground water, noise, and vibration pollution in the area of rail line expansion, and the impact on the quality of life of nearby communities with regards to traffic flow, safety, and property values.

The commission shall make findings and recommendations as to whether the State should proceed with the expansion of short-line freight railroads in northern New Jersey or postpone the expansion projects until a more comprehensive plan of the State's short-line rail freight system can be developed by experts in rail freight transportation.

The commission shall hold at least one public hearing in northern New Jersey to receive input on short-line rail expansion within six months of organization. In addition, the commission shall prepare and submit a final report, containing its findings and recommendations, no later than one year after the commission organizes, to the Governor, the President of the Senate, and the Speaker of the General Assembly.

From the effective date of this joint resolution until the submission of the final report, the Department of Transportation shall not enter into any new contract for the purposes of rehabilitation or construction of railroads, tracks, structures, or rights-of-way for the reestablishment or establishment of short-line freight rail services in northern New Jersey.

Although the demand for freight distribution services is high in northern New Jersey due to its proximity to two of the busiest sea and air cargo ports in the nation, the short-line freight railroads were laid out in the 19th century and are being reactivated to meet 21st century needs. There is little understanding of whether this reactivation of old rail lines maximizes the efficiency of freight movement while minimizing the impact on traffic flow, the environment, and safety in the communities near the rail lines. Given that public money is being used, in part, to reengineer parts of the short-line rail freight system, it is appropriate to establish a commission to study the costs and benefits to the people of this State of short-line freight railroad expansion.