Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Allows municipalities to approve provision of traffic control services by law enforcement or certain other construction and work zone personnel for certain road construction projects.
CURRENT VERSION OF TEXT
As introduced.
An Act relating to traffic control services for certain road construction projects and supplementing Title 27 of the Revised Statutes
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any provision of law, rule, or regulation to the contrary, and to the extent permitted under federal law, whenever a municipality, utility, or contractor, is engaged in a road construction project on a road under the jurisdiction of the municipality, the municipality, utility, or contractor may, upon the approval of the governing body of the municipality, employ either law enforcement personnel, or any other appropriately trained construction and work zone personnel, to provide traffic control services for the management of traffic through the area of the project.
b. The Commissioner of Transportation shall establish minimum training requirements for construction and work zone personnel that provide traffic control services, as described in subsection a. of this section.
c. As used in this section:
"Contractor" means a person entering into a contract with a municipality or utility for services to improve, repair, construct, or maintain a municipal road, and includes a subcontractor.
"Road construction project" or "project" means any improvement, repair, construction, or maintenance project completed by, or on behalf of, a municipality or utility on any road under the jurisdiction of the municipality with a posted speed limit of 25 miles per hour or less.
"Utility" means a person who owns or operates for public use any infrastructure, franchise, or license for the transmission of telecommunications service, including broadband Internet service, or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, sewage services, or gas.
2. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Transportation may adopt immediately upon filing with the Office of Administrative Law regulations as the Commissioner of Transportation deems necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), which regulations shall be effective for a period not to exceed 360 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and may thereafter be amended, adopted, or readopted by the Commissioner of Transportation in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
3. This act shall take effect immediately and shall apply to municipal road construction projects commenced at least 90 days after the date of enactment.
STATEMENT
This bill would allow municipalities to approve the provision of traffic control services by law enforcement or certain other construction and work zone personnel for road construction projects on municipal roads.
The bill would provide that, with approval of the relevant municipal governing body, a municipality, utility, or contractor that is engaged in a road construction project on a road under the jurisdiction of the municipality may employ either law enforcement personnel or any other appropriately trained construction and work zone personnel to provide traffic control services for the management of traffic through the area of the project. The bill would apply to road construction projects, including any improvement, repair, construction, or maintenance project completed by, or on behalf of, a municipality or utility on any road under the jurisdiction of the municipality with a posted speed limit of 25 miles per hour or less.
The bill further requires the Commissioner of Transportation to establish minimum training requirements for construction and work zone personnel that would provide the traffic control. The bill authorizes the commissioner, notwithstanding the "Administrative Procedure Act," ("APA") N.J.S.A.52:14B-1 et seq., to adopt any regulations necessary to implement the bill immediately upon filing with the Office of Administrative Law. These regulations would be effective for a period not to exceed 360 days following the effective date and may thereafter be amended, adopted, or readopted by the commissioner in accordance with the requirements of the APA.
The bill would take effect immediately and apply to road construction projects commenced at least 90 days after the date of enactment.