ASSEMBLY, No. 1069

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman WISNIEWSKI

An Act concerning the New Jersey Transit Corporation and supplementing P.L.1979, c.150 (C.27:25-1 et seq.).

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

    1. The corporation, prior to instituting new rail passenger service, converting an existing rail line to passenger service or substantially expanding existing passenger service, within a county of the second class, shall cause a study to be conducted of the purposed change in service. The study shall establish, at a minimum, that the change in service is proposed to be implemented on a railroad right-of-way located no less than 200 feet from residential properties, houses of worship, schools or day-care centers, or in the case of railroad lines having, or proposing to have, overhead catenaries, no less than 300 feet from such facilities. Additionally, the study shall consider the environmental impact of such service on the community adjacent to the railroad right-of-way, focusing particularly on any dangers posed to pedestrians and motor vehicles using at-grade crossings, the impact of increased noise on the health of community residents and on the structural soundness of adjacent properties, as well as any risks posed by electromagnetic fields caused by overhead catenaries, transformers, power lines associated therewith, and related equipment, where such facilities and equipment are used or are to be used. The findings and recommendations of the study required by this section shall be transmitted to the Governor and the Legislature.

    2. This act shall take effect immediately.

STATEMENT

    This bill requires the New Jersey Transit Corporation to conduct an environmental impact study prior to instituting new rail passenger service, converting an existing rail line to passenger service, or substantially expanding existing passenger service, within a county of the second class. The study is to establish that the change in service is purposed to be implemented on a railroad line located no less than 200 feet from residential properties, houses of worship, schools or day-care centers. In the case of railroad lines which have overhead catenaries, or where catenaries are proposed, the study shall establish that the right-of-way is no less 300 feet from such facilities. The study is also to consider the environmental impact of the service on the community adjacent to the right-of-way, focusing particularly on the dangers of at-grade crossings, the impact of noise on the health of community residents and on the structural soundness of adjacent property, and the impact of electromagnetic fields created by overhead catenaries and related facilities.

    In a densely populated State like New Jersey where railroad rights-of-way may be located in heavily built-up areas, attempts to substantially expand existing railroad service or provide new service may have a detrimental impact on property owners and other residents located near the railroad lines. High speed train service operating at frequent intervals near existing properties may cause excessive noise, pose a danger to persons using at-grade crossings and create risks from electromagnetic fields created by overhead catenaries and related equipment. The provisions of the bill will provide for a study to establish that certain minimum standards are being observed and to consider certain environmental impacts before certain changes in rail service would be permitted.

Requires NJ Transit to do environmental impact study and observe certain standards before instituting new or expanded rail passenger service within county of second class.