Bill Text: NJ A2936 | 2022-2023 | Regular Session | Introduced
Bill Title: Authorizes DOT and historic entities to accept gifts and grants for purchase and erection of historic markers and signs.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-02-28 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A2936 Detail]
Download: New_Jersey-2022-A2936-Introduced.html
Sponsored by:
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
Assemblyman BRIAN E. RUMPF
District 9 (Atlantic, Burlington and Ocean)
Co-Sponsored by:
Assemblyman McClellan
SYNOPSIS
Authorizes DOT and historic entities to accept gifts and grants for purchase and erection of historic markers and signs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning historic markers and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2009, c.264 (C.18A:73-25.8) is amended to read as follows:
4. a. The New Jersey Historical Commission, within the limits of funds appropriated therefor or otherwise made available to it, may (1) commence the roadside marker program as soon as may be practicable, and (2) take any administrative or personnel action as may be necessary to implement the provisions of this act.
b. The commission shall be authorized to raise funds, through direct solicitation or other fundraising events, alone or with other groups, and may accept gifts, grants and bequests from individuals, corporations, foundations, governmental agencies, public and private organizations, and institutions, to defray the commission's administrative expenses and to carry out its purposes as set forth in this act , including for the purpose of purchasing and erecting a roadside marker, and may coordinate with the Department of Transportation, pursuant to subsection (n) of section 5 of P.L.1966, c.301 (C.27:1A-5). The funds, gifts, grants, or bequests received pursuant to this subsection shall be deposited into an account in the Department of the Treasury and allocated and annually appropriated to the Department of State to defray the commission's administrative expenses in connection with implementing this act and to accomplish the goals and purposes set forth in this act.
(cf: P.L.2009, c.264, s.4)
2. Section 5 of P.L.1966, c.301 (C.27:1A-5) is amended to read as follows:
5. The commissioner, as head of the department, shall have all of the functions, powers and duties heretofore vested in the State Highway Commissioner and shall, in addition to the functions, powers and duties vested [in him] therein by [this act] P.L.1966, c.301 (C.27:1A-1 et seq.) or by any other law:
(a) Develop and maintain a comprehensive master plan for all modes of transportation development, with special emphasis on public transportation. Such plan shall be revised and updated at least every five years;
(b) Develop and promote programs to foster efficient and economical transportation services in the State;
(c) Prepare plans for the preservation, improvement and expansion of the public transportation system, with special emphasis on the coordination of transit modes and the use of rail rights of way, highways and public streets for public transportation purposes;
(d) Enter into contracts with the New Jersey Transit Corporation for the provision and improvement of public transportation services;
(e) Coordinate the transportation activities of the department with those of other public agencies and authorities;
(f) Cooperate with interstate commissions and authorities, State departments, councils, commissions and other State agencies, with appropriate federal agencies, and with interested private individuals and organizations in the coordination of plans and policies for the development of air commerce and air facilities;
(g) Make an annual report to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) on the department's operations, and render [such] any other reports as the Governor shall from time to time request or as may be required by law;
(h) Promulgate regulations providing for the charging of and setting the amount of fees for certain services performed by and permits issued by the department, including but not limited to the following:
(1) Providing copies of documents prepared by or in the custody of the department;
(2) Aeronautics permits;
(3) Right-of-way permits;
(4) Traffic signal control systems;
(i) Develop and promote programs for the preservation, improvement and expansion of freight railroads, with special emphasis on the use of rail rights of way for the purpose of providing rail freight service;
(j) Develop and promote a program to ensure the safety and continued operation of aviation facilities in New Jersey;
(k) Enter into agreements with a public or private entity or consortia thereof to provide for the development of demonstration projects through the use of public-private partnerships pursuant to sections 1 through 9 of P.L.1997, c.136 (C.27:1D-1 through C.27:1D-9);
(l) Do any and all things necessary, convenient or desirable to effectuate the purposes of P.L.1966, c.301 (C.27:1A-1 et seq.) and to exercise the powers given and granted in that act;
(m) Enter into agreements or contracts with a private entity and charge and collect fees or other payments for the placement of sponsorship acknowledgment and advertising on signs, equipment, materials, and vehicles used for a safety service patrol or emergency service patrol program operated by the department, or operated by a private entity under contract with the department or through the use of a public-private partnership or demonstration project; and
(n) Acquire by eminent domain, pursuant to the eminent domain law and R.S.27:7-22, any property, property rights, or property interests, including easements, air rights, below-grade and subsurface rights, hereinafter referred to as "Property Interests," including rights on property now or previously designated as parkland or dedicated to a public use, provided that such Property Interests are located in the State and, in the judgment of the commissioner, are necessary or appropriate for the construction, reconstruction, development, redevelopment, use, occupancy, operation, and maintenance of passenger rail transportation facilities and ancillary facilities between New Jersey and New York Penn Station, in a corridor beginning at or near Newark Penn Station and ending at the boundary of the State of New Jersey in the Hudson River. Property Interests may be acquired pursuant to this subsection notwithstanding any requirement in R.S.27:7-36 or any other provision of law, general, special, charter, or local, and regardless of whether the Property Interests are or were dedicated to public use. All of such Property Interests may be acquired by the commissioner pursuant to applicable provisions of the eminent domain law and R.S.27:7-22, provided that any acquisition of Property Interests pursuant to this subsection shall be contingent on the commissioner entering into an agreement addressing such acquisition with the Gateway Development Commission, approved in accordance with that entity's authorizing statute, and the Gateway Development Commission shall agree to pay the costs incurred by the commissioner in acquiring such Property Interests pursuant to the eminent domain law. Notwithstanding any other provision of law, general, special, charter, or local, following acquisition, the commissioner may use such property together with property already owned or held, to: enter into contracts to sell, transfer, lease, or exchange with, or grant easements, licenses, permits, concessions, or other authorizations to, the Gateway Development Commission sufficient to permit the construction, reconstruction, development, redevelopment, use, occupancy, operation, and maintenance by the Gateway Development Commission or its permittees and successors, of the aforementioned passenger rail facilities and ancillary facilities. Authorization is hereby given to the commissioner to do all things necessary or appropriate to carry out the purposes of this subsection.
(o) Accept and expend, in cooperation with the New Jersey Historical Commission, the Historic Sites Council, or any other entity as appropriate pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), any gift or grant towards the purchase, erection, and maintenance of an historic marker, a roadside marker, or a sign or other marker identifying the significance and archaeological, cultural, historic, recreational, or scenic value of a site.
(cf: P.L.2019, c.195, s.27)
3. Section 3 of P.L.2009, c.245 (C.27:5K-3) is amended to read as follows:
3. a. There is hereby established a "New Jersey Scenic and Historic Highways Program" to be administered by the commissioner in accordance with the provisions of this act. The program is established to encourage the State and counties and municipalities throughout the State to preserve the unique and intrinsic qualities of roadways deemed to have scenic, historic, recreational, cultural, or archaeological value.
b. Any roadway in this State, including the surrounding area thereof, which has scenic, historic, recreational, cultural, or archaeological value may be designated through an act of the Legislature for inclusion in the program.
c. Once a roadway has been designated for inclusion in the program, the department and all other public entities with jurisdiction over the roadway or the surrounding area are encouraged to preserve and promote the scenic, historic, recreational, cultural, or archaeological qualities, or any combination of the foregoing, that served as the basis for the roadway's inclusion in the program. The department and public entities with jurisdiction over a roadway which has been included in the program are encouraged not to make any physical changes to the roadway, or its surrounding area, that would degrade any of its scenic, historic, recreational, cultural, or archaeological qualities. The preservation and promotion of a roadway that has been designated for inclusion in the program shall include, but not be limited to, the following activities:
(1) Making safety improvements to the roadway to the extent that [such] any improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the roadway due to its inclusion in the program;
(2) Constructing rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, interpretive facilities, and other facilities for use by pedestrians and bicyclists along the roadway;
(3) Making improvements that will enhance access to recreational areas in the vicinity of the roadway;
(4) Protecting scenic, historical, recreational, cultural, and archaeological resources in areas adjacent to the roadway; and
(5) Developing and promoting tourist information to the public, including interpretive information about the program and the specific roadways that have been designated for inclusion in the program , through the use of signs or other means.
(cf: P.L.2009, c.245, s.3)
4. Section 5 of P.L.2009, c.245 (C.27:5K-5) is amended to read as follows:
5. The department or any other public entity with jurisdiction over a roadway which has been designated for inclusion in the program may erect signs along the roadway indicating that it has been granted such a designation. A public entity may coordinate with the Department of Transportation, pursuant to subsection (n) of section 5 of P.L.1966, c.301 (C.27:1A-5), for the purpose of purchasing and erecting any sign.
(cf: P.L.2009, c.245, s.5)
5. R.S.28:1-7 is amended to read as follows:
28:1-7. The commission may erect and maintain markers of appropriate design and material along the highways of the state to commemorate events, places and persons of importance in the history of the state. It may adopt and, from time to time, in its discretion, change the design for [such] the markers, and may contract for their purchase and erection through competitive bidding. The commission may enter into an agreement with any state agency for services in connection with the manufacture, erection, location and care of the markers , and may coordinate with the Department of Transportation, pursuant to subsection (n) of section 5 of P.L.1966, c.301 (C.27:1A-5), for the purpose of purchasing, erecting, and maintaining any marker pursuant to this section.
(cf: R.S.28:1-7)
6. Section 7 of P.L.1979, c.59 (C.40:10A-7) is amended to read as follows:
7. A local historian shall have the following powers and responsibilities, except as otherwise provided in the ordinance or resolution creating the position:
a. To carry out an historical program, including but not restricted to collecting, preserving and making available materials relating to the history of the local unit. The historian shall store [such] the materials in [such] a manner as to [insure] ensure their preservation, and shall notify the State Archivist, New Jersey Historical Commission, county local historian and local governing body of any materials which should be acquired for preservation. Upon leaving the position, the local historian shall turn over all materials and records and reports into the possession of the successor, if then appointed, or to the governing body until a successor shall be appointed;
b. The local historian shall make an annual report to the chief executive officer and governing body of the local unit stating all the work performed and accomplished during that year. The local historian shall transmit a copy of such report to the New Jersey Historical Commission. The New Jersey Historical Commission may advise each county historian and municipal historian of general guidelines along which their historical program may be implemented;
c. The local historian may research, write and cause to have published a county or municipal history, and may recommend appropriate historical materials for publication;
d. The local historian may assist a landmark commission, as well as advise the governing body, concerning the acquisition, administration, use and disposition of any landmark, or historic site, including [such] any places [in his] under the local historian's jurisdiction included on the New Jersey Register of Historic Places. [Such advice may be furnished] The local historian may furnish any advice to the Historic Sites Section, Department of Environmental Protection; and
e. The local historian shall assist in projects of commemoration, including the erection of monuments, historic markers and guide signs. A local historian may coordinate with the Department of Transportation, pursuant to subsection (n) of section 5 of P.L.1966, c.301 (C.27:1A-5), for the purpose of purchasing, erecting, and maintaining any historic marker or guide sign.
(cf: P.L.1979, c.59, s.7)
7. This act shall take effect immediately.
STATEMENT
This bill authorizes the Commissioner of Transportation (DOT) to accept and expend, in cooperation with the New Jersey Historical Commission ("commission"), the Historic Sites Council, or any other entity as appropriate, any gift or grant towards the purchase, erection, and maintenance of an historic marker, a roadside marker, or a sign or other marker identifying the significance and archaeological, cultural, historic, recreational, or scenic value of a site.
Under current law, the commission is authorized to raise funds and accept gifts or grants towards its roadside marker program. This bill clarifies that those funds and gifts may be used for the purpose of purchasing and erecting a roadside marker, and that the commission may coordinate with the DOT for those purposes. The bill provides that the Historic Sites Council may coordinate with the DOT for the purchase, erection, and maintenance of any marker along a highway.
The bill further clarifies that any other public entity with jurisdiction over a roadway designated for inclusion in the "New Jersey Scenic and Historic Highways Program" may coordinate with the DOT for the purpose of purchasing and erecting any sign.
Finally, the bill amends existing law to authorize a local historian to coordinate with the DOT for the purpose of purchasing, erecting, and maintaining any historic marker or guide sign.
