ASSEMBLY TRANSPORTATION AND COMMUNICATIONS COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 1343

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED: MAY 13, 1996

 

      The Assembly Transportation and Communications Committee favorably reports Assembly Bill No. 1343 with committee amendments.

      As amended by the committee, this bill would authorize the Department of Transportation to lease, license or contract for the use of department property in such manner as to produce revenues for the support of the State.

      The bill would authorize the commissioner to set a fee for the lease, license or contract, provided that the fee yields at least a fair rental value for the use of the property. A lease, license or contract may also be awarded on the basis of competitive public bids or competitive proposals. A competitively bid or proposed lease, license or contract would be awarded to the bidder or proposer whose bid or proposal is determined to be in the best interest of the State, price and other factors considered. The bill provides that any such lease, license or contract shall comply with all applicable State and federal requirements.

      The bill requires the commissioner to adopt regulations providing procedures and standards for the awarding of a lease, license or contract on the basis of competitive public bids or competitive proposals. The regulations would provide a brief description of the property to be leased, licensed or contracted for and a summary of the terms and conditions of the proposed lease, license or contract be published in at least one newspaper in the municipality in which the property is located.

      The amended bill further provides that any billboard or outdoor sign erected on or above any State right-of-way or real property pursuant to the provisions of this act shall be subject to local zoning ordinance and applicable local building permit requirements.

      The amended bill also authorizes the commissioner to enter into a revenue sharing agreement with a municipality in which fibre optic facilities are erected on, above or below any State right-of-way or real property to proportionately allocate to the municipality 5% of net State revenues after the deduction of State expenses incident to the lease, license, use or operation.

      The bill also exempts from its provisions the occupancy of areas on, above or below State right-of-way or any real or personal property of the department by a public utility as defined in R.S.48:2-13

      The committee adopted amendments to require that billboards or outdoor advertising signs erected on or above any State right-of-way or real property be subject to local zoning ordinance and applicable local building permit requirements. The committee amendments also authorize the commissioner to enter into revenue sharing agreements with municipalities in which fibre optic facilities are located. The committee amended the bill to require any lease, license or contract entered into pursuant to this act shall comply with all other applicable State and federal requirements. Finally, the committee amendments exempt from the bill's provisions the occupancy of areas on, above or below any State right-of-way or any real or personal property of the department by a public utility as defined in R.S.48:2-13.

      Technical review was performed on this prefiled bill, as required under Joint Rule 18A of the Senate and General Assembly.