Bill Text: NJ A465 | 2010-2011 | Regular Session | Introduced
Bill Title: Creates Bergen County Transportation Trust Fund.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A465 Detail]
Download: New_Jersey-2010-A465-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman JOAN M. VOSS
District 38 (Bergen)
Assemblyman FREDERICK SCALERA
District 36 (Bergen, Essex and Passaic)
Assemblyman GARY S. SCHAER
District 36 (Bergen, Essex and Passaic)
Co-Sponsored by:
Assemblyman Prieto, Assemblywomen Quigley and Wagner
SYNOPSIS
Creates Bergen County Transportation Trust Fund.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act creating the Bergen County Transportation Trust Fund, amending P.L.1968, c.404, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares:
a. The State has approved a property development project of over four million square feet of mixed use on a State-owned parcel of land in excess of 700 acres which will be of regional economic significance.
b. This major development will cause a significant increase in traffic for the host community and surrounding communities in Bergen County, areas which are some of the most densely populated places in the country.
c. Most of those expected to come to the development will be traveling by automobile and bus, and this increase in traffic will have a negative impact on the quality of life of those who live and work in the area.
d. Projects to widen and improve State Highway Route Nos. 3 and 17 through Bergen County have been needed for some time but have not been funded by the State Transportation Trust Fund.
e. The major development project is underway and will soon be adding large amounts of traffic to Routes 3 and 17 in Bergen County, thus making the need to widen and improve these highways all the more urgent.
f. It is in the interest of the health, safety, and welfare of those who reside and work in the areas surrounding the development project, and in the interest of the health, safety, and welfare of those who will travel to and from the major development for business, pleasure, and employment, that immediate steps be taken to start funding the widening and improvement projects for Routes 3 and 17 through Bergen County.
g. It is only fitting that some of the new revenue from the State sales and use tax that will be generated by the major development be set aside for these road projects in order to alleviate the negative impact which this State-approved major development will have on the surrounding area.
h. The major development and
the surrounding impacted areas are in the Hackensack Meadowlands District,
which is under the jurisdiction of the New Jersey Meadowlands Commission, a
planning agency ideal for overseeing the administration of funds in
consultation with the Department of Transportation for these road projects.
. 2. As used in this act:
"Chief fiscal officer" means the chief fiscal officer of the New Jersey Meadowlands Commission.
"Commission" means the New Jersey Meadowlands Commission created by P.L.1968, c.404 (C.13:17-1 et seq.).
"Fund" means the Bergen County Transportation Trust Fund established pursuant to section 3 of P.L. , c. (C. )(pending before the Legislature as this bill).
"Hackensack Meadowlands District" means the district described in section 4 of P.L.1968, c.404 (C. 13:17-4).
"Major retail and entertainment development" or "major project" means a development of regional significance which includes over four million square feet of mixed uses and is located on over 700 acres of State-owned land in the Hackensack Meadowlands District.
"Oversight board" or "board" means the Bergen County Transportation Trust Fund Oversight Board established pursuant to section 4 of P.L. , c. (C. )(pending before the Legislature as this bill).
3. The New Jersey Meadowlands Commission shall establish a dedicated, nonlapsing fund entitled the Bergen County Transportation Trust Fund, to be managed by the chief fiscal officer of the commission, which fund shall be the repository for all moneys required to be deposited therein under section 5 of P.L. , c. (C. )(pending before the Legislature as this bill) and any moneys appropriated or otherwise made available to the fund. All moneys deposited in the fund shall be held in the fund, and shall be disbursed upon the recommendation of the Bergen County Transportation Trust Fund Oversight Board and the approval of the commission in the amounts necessary to fulfill the purposes of this act.
The chief fiscal officer may invest any moneys in the fund in legal obligations of the United States or of the State or of any political subdivision thereof. Any income from, interest on, or increment to moneys so invested shall be included in the fund.
4. a. The fund shall be administered by the New Jersey Meadowlands Commission in consultation with the Department of Transportation. The commission shall be the contracting entity for any contracts or agreements entered into in order to implement the purposes of this act.
b. There shall be created within the commission the Bergen County Transportation Trust Fund Oversight Board. The purpose of the board shall be to monitor all fiscal aspects of the fund, to make recommendations to the commission on the use of the monies in the fund, and to report annually to the commission on the receipts and disbursements of the fund.
c. The oversight board shall consist of five members: the chief executive officer of Bergen County, ex officio, or designee; the executive director of the commission, ex officio, or designee; and three public members to be appointed by the Governor with the advice and consent of the Senate, all of whom shall be residents of Bergen County and one of whom shall be an elected official of a municipality in Bergen County. The public members shall serve for a term of three years or, in the case of a local elected official, until the expiration of the member's term of office. The Governor shall designate one of the members of the board as chairperson and one of the members as vice‑chairperson. Any board member so designated shall serve as chairperson or vice‑chairperson at the pleasure of the Governor designating that member and until a successor has been designated.
d. Any vacancies in the membership of the board occurring other than by expiration of term shall be filled by the Governor, with the advice and consent of the Senate, for the unexpired term only. Any member of the board may be removed from office by the Governor for cause, upon notice and opportunity to be heard.
e. A majority of the full membership of the board shall constitute a quorum for the transaction of business. Recommendations to the commission and any other motions or resolutions of the board at any meeting thereof may be adopted by affirmative vote of a majority of the full membership of the board. All actions of the board are subject to the approval of the commission.
f. The board shall meet regularly as it may determine, and shall also meet at the call of the chairperson of the board or the Governor. Meetings of the board shall be subject to the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4‑6 et seq.).
g. In order to fulfill those responsibilities assigned to it pursuant to subsection b. of this section, the oversight board may call to its assistance and avail itself of the services of those employees of any State, county or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes. The board shall be entitled to call upon any department, agency, or office of the State of New Jersey for such documents, materials, and information as it may deem necessary.
5. a. Notwithstanding the provisions of any other law to the contrary, the Director of the Division of Taxation in the Department of the Treasury shall pay sixty percent of the receipts of the tax imposed under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.), which are collected from retailers and others doing business on the premises of a major retail and entertainment development within the Hackensack Meadowlands District to the chief fiscal officer to be deposited into the Bergen County Transportation Trust Fund.
b. The director shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the provisions of this section.
6. The Bergen County Transportation Trust Fund shall be used solely for the purpose of funding:
a. projects to widen or otherwise improve State Highway Route No. 3 from Lyndhurst Township in Bergen County to the Town of Secaucus in Hudson County, and
b. projects to widen or otherwise improve State Highway Route No. 17 from its intersection with State Highway Route No. 3 in Bergen County to the Village of Ridgewood in Bergen County.
7. Section 6 of P.L.1968, c.404 (C.13:17-6) is amended to read as follows:
6. The commission shall have perpetual succession and shall have the following powers:
(a) To adopt and from time to time amend and repeal suitable by-laws for the management of its affairs;
(b) To adopt and use an official seal and alter the same at its pleasure;
(c) To maintain an office at such place or places within the State as it may designate;
(d) To sue and be sued in its own name;
(e) To issue bonds or notes of the commission and to provide for the rights of the holders thereof as provided in this act; provided, however, that prior to the issuance of any bonds or notes and prior to incurring any financial obligation in excess of $1,000,000.00, the commission shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey to inspect its accounts and certify to the State Treasurer that such bonds or such obligations may be issued or incurred by the commission without prejudice to any bonds or obligations of the commission outstanding, and that such bonds or obligations are, or may reasonably be expected to be, within the ability of the commission to meet.
(f) To enter upon any building or property in order to conduct investigations, examinations, surveys, soundings, or test borings necessary to carry out the purposes of this act, all in accordance with due process of law.
(g) To acquire in the name of the commission by purchase, lease as lessee, or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land or interest therein and other property, including land under water and riparian lands, land or highways held by any municipality or other governmental subdivision of the State, or any fee simple absolute in, easements upon, or the benefit of restrictions upon abutting property, that it may determine is reasonably necessary for the performance of any of its duties under this act; provided that the power of eminent domain shall not be exercised by the commission to acquire any property owned or used by a public utility, as defined in section 48:2-13 of the Revised Statutes, in furnishing any commodity or service which by law it is authorized to furnish;
(h) To receive and accept, from any Federal or other public agency or governmental entity, grants or loans for or in aid of the planning or construction of any project or improvement, or the acquisition of any property, and to receive and accept aid or contributions from any other source, of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants, loans and contributions may be made, and to enter into co-operative agreements with the Federal Government or any other public or governmental agency for the performance of such acts as may be necessary and proper for the reclamation of the meadowlands and to comply with other requirements for such participation;
(i) To prepare, adopt and implement a master plan for the physical development of all lands, or a portion thereof, lying within the district; and to adopt and enforce codes and standards for the effectuation of such plan;
(j) By contract or contracts with a redeveloper or by its own employees to undertake any development or other project or improvement as it finds necessary to reclaim, develop, redevelop and improve the land within the district;
(k) To establish engineering standards for land reclamation, including the type of fill, drainage and grading, and to promulgate a building code specifying the maximum weight, size and density of all buildings and structures to be placed on any land within its jurisdiction according to the method of reclamation employed and the load-bearing quality of the reclaimed land;
(l) To recover by special assessments the cost of improvements from the increase of property values attributable to such improvements;
(m) Generally to fix and revise from time to time and to charge and collect rates, fees and other charges for the use of any facilities operated and maintained by the commission;
(n) To make such legal arrangements for the use of the property of the school fund so as to increase the capital of such fund as may be necessary or desirable;
(o) To enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the commission or to carry out any power expressly given in this act;
(p) To conduct examinations and investigations, hear testimony and take proof under oath at public or private hearings, of any material matter, require attendance of witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out of State, unable to attend, or excused from attendance;
(q) To publish and disseminate information and to make known to potential users, by advertisement, solicitation or other means, the availability for development of lands in the district;
(r) To review and regulate plans for any subdivision or development within the district;
(s) To subordinate, waive, sell, assign, or release any right, title, claim, lien, or demand however acquired, including any equity or right or redemption; to foreclose, sell, or assign any mortgage held by it, or any interest in real or personal property; and to purchase at any sale upon such terms and at such prices as it determines to be reasonable and to take title to property, real, personal, or mixed, so acquired, and to sell, exchange, assign, convey, lease, mortgage, or otherwise dispose of any such property, subject to such conditions and restrictions as it deems necessary to carry out the purposes of this act;
(t) To cause to be prepared plans, specifications, designs and estimates of costs for the construction of projects and improvements under the provisions of this act, and from time to time to modify such plans, specifications, designs or estimates;
(u) To determine the existence of renewal areas, and to undertake redevelopment projects therein;
(v) To exercise all authorized powers of the commission which shall be deemed to be for a public purpose and to acquire any property which shall be deemed for public use, which use shall be deemed superior to the public use of any municipality, county, school district, or other local or regional district, authority or agency;
(w) To provide solid waste disposal facilities for the treatment and disposal of solid waste, as hereinafter provided;
(x) To approve recommendations and other actions of the Bergen County Transportation Trust Fund Oversight Board, and to enter into agreements with the Department of Transportation and take any other action necessary to carry out the purposes of P.L. , c. (pending before the Legislature as this bill).
(cf: P.L.1968, c.404, s.6)
8. This act shall take effect immediately.
STATEMENT
This bill is intended to help alleviate some of the negative impact caused by additional traffic that will be generated by a major retail and entertainment development underway in Bergen County. State Highway Routes 3 and 17 through Bergen County have been in need of widening and improvement for years, but while these projects continue to await funding from the State Transportation Trust Fund, the construction of this major development with over four million square feet of retail and entertainment use has started. The quality of life of those who live and work nearby is going to deteriorate from the additional traffic congestion unless steps are taken to widen and otherwise improve Routes 3 and 17.
This bill will provide a funding mechanism for these highway projects by establishing the Bergen County Transportation Trust Fund and directing that 60 percent of the revenues collected from the Sales and Use Tax from businesses at the development be directed to the fund. It is appropriate that part of the new revenues coming from the development be dedicated to remedying the problems that the development will cause for the area in which it is located.
The fund will be administered by the New Jersey Meadowlands Commission in consultation with the Department of Transportation. The bill creates the Bergen County Transportation Trust Fund Oversight Board within the commission to monitor all fiscal aspects of the fund, to make recommendations to the commission on the use of the monies in the fund, and to report annually to the commission on the receipts and disbursements of the fund.
