Bill Text: NJ A1137 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes a pothole repair and research program in the Department of Transportation and provides funding from new motor vehicle tire fee revenue.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A1137 Detail]
Download: New_Jersey-2010-A1137-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Assemblyman JOSEPH CRYAN
District 20 (Union)
Co-Sponsored by:
Assemblymen McKeon, Mainor, Green, Johnson, Moriarty, Caputo, Fuentes, Burzichelli, Coutinho, Egan, Chiappone, DeAngelo, Diegnan, Albano, Conners, Coughlin and Conaway
SYNOPSIS
Establishes a pothole repair and research program in the Department of Transportation and provides funding from new motor vehicle tire fee revenue.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing a pothole repair and research program in the Department of Transportation and providing funding from new motor vehicle tire fee revenue, and amending the Title and body of P.L.2004, c.46 and supplementing Title 27 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Title of P.L.2004, c.46 is amended to read as follows:
An Act establishing a local tire management program in the Department of Environmental Protection and a pothole repair and research program in the Department of Transportation and [imposing a] providing program funding for the pothole repair and research program from the fee on the purchase of new motor vehicle tires, and supplementing Title 54 and Title 13 of the Revised Statutes.
(P.L.2004, c.46, Title)
2. Section 2 of P.L.2004, c.46 (C.54:32F-2) is amended to read as follows:
2. After the Division of Taxation in the Department of the Treasury is reimbursed for costs incurred in the collection of the fee imposed pursuant to section 1 of P.L.2004, c.46 (C.54:32F-1), the [first $2.3 million] net revenue collected in each fiscal year shall be [deposited in the Tire Management and Cleanup Fund, established pursuant to section 3 of P.L.2004, c.46 (C.13:1E-224). Any additional revenue collected shall be available for appropriation] appropriated annually to the Department of Transportation to support [snow removal operations] a Statewide pothole repair program and a pothole repair research program to determine the most cost-effective and best performing materials and procedures for repairing potholes in asphalt, macadam and concrete surfaced roadways in this State.
3. (New section) The Department of Transportation shall establish a pothole repair and research program which shall include the following minimum characteristics:
a. require the use of a minimum of 10% recycled materials in the pothole patching application materials that shall originate in the State;
b. employ only environmentally safe materials in pothole patching applications;
c. include a process where the method used to clean the internal asphalt circuit will not require the cleaning agent to be flushed outside of the asphalt circuit nor should any residual materials created as a result of this operation be required to be stored or disposed of;
d. the pothole repair application shall be capable of being applied when ambient temperatures are at or below 20 degrees, and shall incorporate the use of a technology that reduces the risk to the State's road repair personnel with regard to exposures to vehicular traffic while making pothole repairs. Such technology shall be capable of being performed during the normal daytime or nighttime hours or both;
e. all equipment employed pursuant to this program shall not be older than five model years. Any equipment that experiences mechanical failure will be required to be corrected or replaced within 24 hours of notice;
f. to participate in the program a provider shall establish its experience in the field of pothole repair. Factors to be considered to establish such experience include, but are not limited to, the number of years of experience in the research and development of this technology and in the industry, and the existence of a quality control program with respect to the program; and
g. all statistical data including, but not limited to, date and time of repair, number and location of repairs by longitude and latitude coordinates, time to repair and time from notice of problem to repair, collected pursuant to this program shall be used to evaluate the performance and cost comparisons of the program.
4. Section 3 of P.L.2004, c.46 (C.13:1E-224) is amended to read as follows:
3. There is established the Tire Management and Cleanup Fund as a nonlapsing fund in the Department of Environmental Protection in which shall be [annually] deposited [the sum provided pursuant to section 2 of P.L.2004, c.46 (C.54:32F-2)] such sums as may appropriated from time to time for the purpose of the fund and any recoveries made pursuant to subsection c. of section 4 of P.L.2004, c.46 (C.13:1E-225).
(cf: P.L.2004, c.46, s.3)
5. This act shall take effect on the first day of the first month after enactment.
STATEMENT
This bill establishes a Statewide pothole repair program and a pothole repair research program in the New Jersey Department of Transportation (NJDOT). This program will be funded from revenues collected from the recently enacted motor vehicle tire fee of $1.50 per tire. This program will enable the NJDOT to effectively and more efficiently obtain materials, personnel and implement procedures for the expedited repairing of potholes in asphalt, macadam and concrete surfaced roadways in this State. The program mandates the use of environmentally safe recycled materials, and will not require any residual materials to be stored or disposed. In addition, the program requires the use of technology that reduces the risk to road repair personnel with respect to exposures to vehicular traffic while making repairs, and participants in the program need to have established experience in the field of pothole repair. Statistical data from the program will be collected and used to evaluate the performance and cost comparisons of the program.
As the most densely populated state with one of the most heavily used transportation systems in the nation, New Jersey has over 36,000 miles of public roadways including 420 miles of interstate highways. Pothole repair in asphalt and concrete pavements on our roadways is one of the most commonly required highway maintenance operations that often follow the freeze-thaw cycles that are typical of winter seasons in New Jersey. Potholes are created by major fluctuations in temperatures that cause moisture in roadways to freeze and thaw, breaking up the pavement. Such temperature changes typically occur in the early spring as days become warmer, but temperatures drop below freezing at night.
The additional resources from the anticipated tire fee revenue of approximately $10 million will provide a major boost to pothole repair efforts and assist in the development of better roadway pavements and related infrastructure systems that increase the safety and durability of our highway surfaces at lower costs.
