STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Co-Sponsored by:
Senator Stack
SYNOPSIS
Requires NJT to hold public hearing and provide notice prior to any curtailment of certain bus and rail services.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the curtailment of certain bus and rail services 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 to 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] a private entity shall not 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] any curtailment or abandonment of [any such] those services, the corporation shall hold a public hearing in the area affected during evening hours. Notice of [such] the hearing shall be given by the corporation at least 15 days prior to [such] the 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] the 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.
STATEMENT
This bill requires the New Jersey Transit Corporation (NJ Transit) to hold a public hearing and provide notice to certain county governing bodies and municipal clerks prior to implementing any curtailment of motorbus regular route or rail passenger service, including the minor curtailment of those services. Under current law, NJ Transit is required to hold a public hearing and provide notice prior to implementing the substantial curtailment of motorbus regular route or rail passenger service.