SENATE, No. 325

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senators LITTELL and KYRILLOS

 

 

An Act concerning employer trip reductions and amending P.L.1992, c.32.

 

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

 

    1. Section 7 of P.L.1992, c.32 (C.27:26A-7) is amended to read as follows:

    7. The following are the duties and responsibilities of various public and private entities in relation to the Travel Demand Management Program, in addition to the duties and responsibilities otherwise provided for these entities in this amendatory and supplementary act:

    a. The Department of Transportation shall serve as the primary implementer of this program and to this end shall ensure that the department's resources are sufficient to meet the demands of the program. The department shall approve transportation management associations, or other persons or entities who would serve as primary resources to employers in carrying out their responsibilities under this program. In the case of State departments and agencies the department may serve as the primary resource, assisted by those departments and agencies of State government whose assistance the department shall deem appropriate.

    b. Both the Department of Environmental Protection and the Department of Transportation shall coordinate their policies relating to the State Implementation Plan and any revisions thereto required under the Clean Air Act. The Department of Transportation shall obtain the approval of the federal Environmental Protection Agency, through the Department of Environmental Protection, on all aspects of the Travel Demand Management Program to avoid potential conflicts with the Clean Air Act and to avoid the imposition of sanctions.

    c. The Commissioner of Labor, upon request of the Commissioner of Transportation, shall supply such information and make such mailings as are necessary to assist the Department of Transportation to carry out its responsibilities [under this amendatory and supplementary act] pursuant to P.L.1992, c.32 (C.27:6A-1 et seq.) and may make any stipulations as to confidentiality of this information as the Commissioner of Labor deems advisable.

    d. The New Jersey Transit Corporation, in consultation with the Department of Transportation, shall implement policies to make available, where feasible, public transportation services, programs and activities which support public transportation services, technical assistance, or any other activity authorized by the "New Jersey Public Transportation Act of 1979," P.L.1979, c.150 (C.27:25-1 et seq.) or approved by the Board of Directors of the New Jersey Transit Corporation.

    e. If a county or municipality has adopted a travel demand management ordinance or similar measure prior to the effective date of this amendatory and supplementary act, which is certified by the department as being in substantial compliance with [this amendatory and supplementary act] P.L.1992, c.32 (C.27:6A-1 et seq.), an affected employer meeting the requirements of the ordinance or similar measure shall be eligible to apply for exemption from the requirements of [this amendatory and supplementary act] P.L.1992, c.32 (C.27:6A-1 et seq.), in accordance with procedures provided for by regulation.

    f. Transportation management associations, or other persons or entities approved by the department are to serve as primary resources to employers at the employer's request, to assist the employers in carrying out their responsibilities under the program. They also shall be responsible for coordinating any assistance needed from the State, county or municipal government or from the New Jersey Transit Corporation.

    g. Affected employers shall carry out in good faith the compliance plan submitted to and approved by the department. They shall, in addition, appoint a Transportation Coordinator at each work location employing 100 or more employees, who shall make efforts to inform employees of the travel demand management strategies available to them and to offer them incentives for the use of these strategies. The employer may enter into a contract or agreement with a transportation management association or other approved person or entity to assist in the development and preparation of a plan but the responsibility of submitting and implementing the plan shall be that of the employer. Employers, as well as employees, are encouraged, wherever possible, to utilize [alternative fuel] low emission vehicles in order to reduce air pollution levels in this State, and that utilization shall receive appropriate recognition in the regulations adopted by the department pursuant to [this amendatory and supplementary act] P.L.1992, c.32 (C.27:6A-1 et seq.). The Department of Environmental Protection shall also determine, in consultation with the United States Environmental Protection Agency and the Department of Transportation, whether the use of [alternative fuel] low emission vehicles may be considered as offsetting any portion of the (APO) rate required by this amendatory and supplementary act. As used in this subsection,["alternative fuel] "low emission vehicle" means a vehicle fueled or propelled by energy sources which shall include, but not be limited to, electricity, natural gas, and propane , or a vehicle equipped with an exhaust system or fuel intake system that has been determined to meet or exceed the following standards:

    (1) 0.41 grams per mile of hydrocarbons;

    (2) 3.4 grams per mile of carbon monoxide; and

    (3) 0.1 grams per mile of oxides of nitrogen.

(cf: P.L.1992, c.32, s.7)

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would require the Department of Transportation to recognize, in its regulations, the efforts of employers and employees to utilize vehicles equipped with an exhaust system or fuel intake system that, at a minimum, meet certain standards for hydrocarbon, carbon monoxide, and nitrogen oxide emissions. The current statute only authorizes alternative fuel vehicles, which are defined as those vehicles fueled or propelled by, among other energy sources, electricity, natural gas and propane, to be recognized by the DOT regulations as efforts at air pollution reduction. The goal of the "New Jersey Traffic Congestion and Air Pollution Control Act" (which this bill would amend) is to comply with mandates of the federal Clean Air Act, and thereby reduce air pollution in New Jersey. This bill facilitates attainment of that goal by requiring the DOT to consider vehicles which emit low amounts of air pollutants, along with vehicles which use alternative fuels, in its regulations concerning the evaluation of employer trip reduction efforts.

 

 

 

Requires DOT to consider low emission vehicles in assessment of employer trip reduction programs.