ASSEMBLY, No. 779

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman FARRAGHER

An Act concerning the provision of public transportation service by the New Jersey Turnpike Authority and the New Jersey Highway Authority, and amending the titles and bodies of P.L.1948, c.454 and P.L.1952, c.16.

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

    1. The title of P.L.1948, c.454 (C.27:23-1 et seq.) is amended to read as follows:

AN ACT to facilitate vehicular traffic and public transportation service in the State of New Jersey by providing for the construction, maintenance, repair and operation of turnpike projects; creating the New Jersey Turnpike Authority and defining its powers and duties; providing for financing such projects by the issuance of turnpike revenue bonds or notes of the authority, payable solely from the tolls, other revenues and proceeds of such bonds or notes; and providing for the collection of tolls and other revenues to pay the cost of construction, maintenance, repair and operation of such projects and to pay such bonds and notes and the interest thereon.

    2. Section 1 of P.L.1948, c.454 (C.27:23-1) is amended to read as follows:

    1. In order to facilitate vehicular traffic and public transportation service and remove the present handicaps and hazards on the congested highways in the State, and to provide for the construction of modern express highways embodying every known safety device including center divisions, ample shoulder widths, longsight distances, multiple lanes in each direction and grade separations at all intersections with other highways and railroads, the New Jersey Turnpike Authority (hereinafter created) is hereby authorized and empowered to construct, maintain, repair, and operate turnpike projects (as hereinafter defined) at such locations as shall be establisbed by law, and to issue turnpike revenue bonds of the authority, payable solely from tolls, other revenues, and proceeds of such bonds to finance such projects.

    3. Section 4 of P.L.1948, c.454 (C.27:23-4.) is amended to read as follows:

    4. As used in this act, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

    (a) The word "authority" shall mean the New Jersey Turnpike Authority, created by section 3 of this act, or, if said authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to the authority shall be given by law.

    (b) The word "project" or the words "turnpike project" shall mean any express highway, superhighway or motorway at such locations and between such termini as may hereafter be established by law, and constructed or to be constructed under the provisions of this act by the authority, and shall include, but not be limited to all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service area, service stations, service facilities, communications facilities, and administration, storage and other buildings, directly related to the use of the express highway, superhighway or motorway, intersection highways and bridges and feeder roads which the authority may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the authority for the construction or the operation of such project and shall include passenger stations, shelters and terminals, automobile parking facilities, ramps, track connections, signal systems, power systems, information and communication systems, roadbeds, transit lanes or rights of way, equipment storage and servicing facilities, bridges, grade crossings, rail cars, locomotives, monorails, motorbuses and any other equipment, facility or property useful for or related to the provision of public transportation service along any express highway, superhighway or motorway operated by the authority.

    (c) The word "bonds" or the words "turnpike revenue bonds" shall mean bonds of the authority authorized under the provisions of this act.

    (d) The word "public highways" shall include all public highways, roads and streets in the State, whether maintained by the State or by any county, city, borough, town, township, village, or other political subdivision.

    (e) The word "owner" shall include all individuals, copartnerships, associations, private or municipal corporations and all political subdivisions of the State having any title or interest in any property, rights, easements and interests authorized to be acquired by this act.

    4. The title of P.L.1952, c.16 (C.27:12B-1 et seq.) is amended to read as follows:

AN ACT to facilitate vehicular traffic and public transportation service in the State of New Jersey by providing for the acquisition, construction, maintenance, repair and operation of highway projects; creating the New Jersey Highway Authority and defining its powers and duties; authorizing and establishing the location for a highway project; providing for the regulation of traffic on such projects and prescribing proceedings and penalities for violations thereof; providing for issuance of bonds or notes of the authority and the terms and security thereof; and providing for the collection of tolls and other charges to pay the cost of acquisition, construction, maintenance, repair and operation of such projects and to pay such bonds and notes and the interest thereon.

    5. Section 2 of P.L.1952, c.16 (C.27:12B-2) is amended to read as follows:

    2. In order to facilitate vehicular traffic and public transportation service and remove the present handicaps and hazards on the congested highways in the State, and to provide for the construction of modern express highways embodying every known safety device including center divisions, ample shoulder width, longsight distances, multiple lanes in each direction and grade separations at all intersections with other highways and railroads, the New Jersey Highway Authority (hereinafter created) is hereby authorized and empowered to acquire, construct, maintain, improve, repair and operate highway projects (as hereinafter defined) at the locations hereinafter established and at such other locations as shall be established and at such other locations as shall be established by law, and to pay or share in the cost of the construction, reconstruction or improvement of all or any part of any public highway which connects with any project or connects parts of a project or two or more projects, under agreements with respect to such construction, reconstruction or improvement entered into by the authority with the commissioner, who is hereby authorized to enter into and perform such agreements and shall expend any sums received pursuant to such agreements in accordance with the terms thereof.

    6. Section 3 of P.L.1952, c.16 (C.27:12B-3) is amended to read as follows:

    3. As used in this act the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

    (a) "Authority" means the New Jersey Highway Authority, created by section 4 of this act, or, if said authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to the authority shall be given by law.

    (b) "Commissioner" means the [State Highway Commissioner] Commissioner of Transportation.

    (c) "Department" means the [State Highway Department] Department of Transportation.

    (d) "Project" or "highway project" means any express highway, superhighway or motorway at such locations and between such termini as herein established or as may hereafter be established by law, and acquired or to be acquired or constructed or to be constructed under the provisions of this act by the authority, over which abutters have no easement or rights of lift, air or direct access by reason of the fact that their properties abut thereon, together with such adjoining park or recreational areas and facilities directly related to the use of the express highway, superhighway or motorway, as the authority, with the concurrence of the [Department of Conservation and Economic Development] Department of Environmental Protection, shall find to be necessary and desirable for the convenience and comfort of users of the highway project and feasible for development pursuant to this act, and shall include but not be limited to all bridges, tunnels, overpasses, underpasses, interchanges, traffic circles, grade separations, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communications facilities, and administration, storage and other buildings which the authority may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the authority for the construction or the operation of such project and shall include passenger stations, shelters and terminals, automobile parking facilities, ramps, track connections, signal systems, power systems, information and communication systems, roadbeds, transit lanes or rights of way, equipment storage and servicing facilities, bridges, grade crossings, rail cars, locomotives, monorails, motorbuses and any other other equipment, facility or property useful for or related to the provision of public transportation service along any express highway, superhighway or motorway operated by the authority.

    "Project" or "ferry project" also means a ferry service for the transportation of passengers and freight between such termini as are herein established or as may hereafter be established by law, and shall include but shall not be limited to ferries and other craft, bulkheads, docks, piers, wharves, warehouses, ferry terminals and stations, parking areas, service stations, service facilities, communication facilities and administration and other buildings which the authority may deem necessary for the operation of such project, together with all property, rights, easements and interests, including land under water and riparian rights, which may be acquired by the authority for the construction or operation of such project.

    (e) "Bonds or "revenue bonds" means bonds of the authority authorized under the provisions of this act or any amendment thereof or supplement thereto.

    (f) "Public highway" means and shall include any public highway, road or street in the State, whether maintained by the State or by any county, city, borough, town, township, village, or other political subdivision.

    (g) "Feeder road" means any road which in the opinion of the authority is necessary to create or facilitate access to a project.

    (h) "Owner" means and shall include all individuals, copartnerships, associations, private or municipal corporations and all political subdivisions of the State having any title or interest in any property, rights, easements and interests authorized to be acquired by this act.

    7. This act shall take effect immediately.

STATEMENT

    This bill amends the laws governing the New Jersey Turnpike Authority and the New Jersey Highway Authority to enable the authorities to provide public transportation service along any express highway, superhighway or motorway they operate. As our roadways become more congested, resulting increased use of motor fuels and higher levels of air pollution, the role of the highway authorities must be expanded to encourage the use of mass transportation services. The bill amends the purposes sections of each authority's enabling statute to empower the authorities, when appropriate, to provide the public transportation services. The bill supplements the definition of "project" the authorities are permitted to operate to include the necessary equipment and services for providing public transportation services including bus, rail, and monorail systems. The amendments not only give the authorities the power to provide public transportation services, but also allow the authorities to provide necessary support for public transportation services that presently use the New Jersey Turnpike and the Garden State Parkway.

Authorizes the New Jersey Turnpike Authority and the New Jersey Highway Authority to provide public transportation services.