Bill Text: NJ A4756 | 2014-2015 | Regular Session | Amended

---

Bill Title: "Transparency, Responsibility, and Accountability for New Surcharges and Increases in Ticketing (T.R.A.N.S.I.T.) Act"; increases number of public hearings NJT is required to hold prior and subsequent to fare increase or change or abandonment of service.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed - Dead) 2016-01-11 - Passed by the Assembly (53-15-6) [A4756 Detail]

Download: New_Jersey-2014-A4756-Amended.html

---

[First Reprint]

ASSEMBLY, No. 4756

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED NOVEMBER 16, 2015

 

 

Sponsored by:

Assemblyman  CARMELO G. GARCIA

District 33 (Hudson)

Assemblyman  TIM EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

 

 

 

 

SYNOPSIS

     "Transparency, Responsibility, and Accountability for New Surcharges and Increases in Ticketing (T.R.A.N.S.I.T.) Act"; increases number of public hearings NJT is required to hold prior and subsequent to fare increase or change or abandonment of service.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Transportation and Independent Authorities Committee on January 7, 2016, with amendments.

 

An Act concerning New Jersey Transit Corporation public hearings and designated as the "Transparency, Responsibility, and Accountability for New Surcharges and Increases in Ticketing (T.R.A.N.S.I.T.) Act," and amending P.L.1979, c.150.

 

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

 

      1.   Section 8 of P.L.1979, c.150 (C.27:25-8) is amended to read as follows:

      8.   a.  The corporation or any subsidiary thereof shall not be considered a public utility as defined in R.S.48:2-13 and except with regard to subsection c. of this section, subsection b. of R.S.48:3-38, section 2 of P.L.1989, c.291 (C.27:25-15.1), and R.S.48:12-152, the provisions of Title 48 of the Revised Statutes shall not apply to the corporation or any subsidiary thereof.

     b.    The authority hereby given the corporation pursuant to section 6 of [this act] P.L.1979, c.150 (C.27:25-6) with respect to fares and service, shall be exercised without regard or reference to the jurisdiction formerly vested in the Department of Transportation regarding rates and rate schedules under R.S.48:2-21; discontinuance, curtailment, or abandonment of service under R.S.48:2-24; and the issuance of a certificate of public convenience and necessity under R.S.48:4-3, and transferred to the New Jersey Motor Vehicle Commission by P.L.2003, c.13 (C.39:2A-1 et al.). The New Jersey Motor Vehicle Commission shall resume jurisdiction over service and fares upon the termination and discontinuance of a contractual relationship between the corporation and a private or public entity relating to the provision of public transportation services operated under the authority of certificates of public convenience and necessity previously issued by the New Jersey Motor Vehicle Commission or its predecessors; provided, however, that no private entity shall be required to restore any service discontinued or any fare changed during the existence of a contractual relationship with the corporation, unless the New Jersey Motor Vehicle Commission shall determine, after notice and hearing, that the service or fare is required by public convenience and necessity.

     c.     Notwithstanding any other provisions of [this act] P.L.1979, c.150 (C.27:25-1 et seq.), all vehicles used by any public or private entity pursuant to contract authorized by [this act] P.L.1979, c.150 (C.27:25-1 et seq.), and all vehicles operated by the corporation directly, shall be subject to the jurisdiction of the department with respect to maintenance, specifications, and safety to the same extent [such] that jurisdiction is conferred upon the department by Title 48 of the Revised Statutes.

     d.    [Before implementing any fare increase for any motorbus regular route or rail passenger services, or the substantial curtailment or abandonment of any such services, the corporation shall hold a public hearing in the area affected during evening hours.] (1) Not less than 30 days prior to the adoption of any fare increase for any motorbus regular route or rail passenger service, or the substantial curtailment or abandonment of any of those services, the corporation shall conduct at least four public hearings in the area affected.  At least one public hearing shall be conducted in each county directly affected, as determined by the corporation in consultation with local and State officials.  Each public hearing shall be scheduled to begin after 6:30 p.m., Eastern Standard Time, on a weekday.

     (2)   Within 30 days following the effective date of any fare increase for any motorbus regular route or rail passenger ¹[services] service¹, or the substantial curtailment or abandonment of any ¹of¹ those services, the corporation shall conduct at least four public hearings in the area affected, as determined by the corporation in consultation with local and State officials.  Each public hearing shall be scheduled to begin after 6:30 p.m., Eastern Standard Time, on a weekday.

     (3)   Each public hearing¹[,]¹ required pursuant to ¹[paragraph] paragraphs¹ (1) and (2) of this subsection¹[,]¹ shall be attended by at least two-thirds of the members of the board of the corporation ¹[then]¹ in office at the time of the hearing.

     (4)  Notice of [such hearing] the hearings, required pursuant to ¹[paragraph] paragraphs¹ (1) and (2) of this subsection, shall be given by the corporation at least 15 days prior to [such] each hearing to the governing body of each county whose residents will be affected and to the clerk of each municipality in the county or counties whose residents will be affected; [such] the notice shall also be posted at least 15 days prior to [such] each hearing in prominent places on the railroad cars and buses serving the routes to be affected.

     e.     Notice of its intent to discontinue, substantially curtail, or abandon any motorbus regular route service or rail passenger service shall be given by the corporation to the governing body of each county whose residents will be affected and to the clerk of each municipality in the county or counties whose residents will be affected at least 45 days prior to implementation of [such] the change in service.

(cf: P.L.2009, c.259, s.1)

 

     2.    This act shall take effect immediately.