A4664

An Act establishing the New Jersey Transit TNC Pilot Program.

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

1. a. As used in this act:

“Corporation” means the New Jersey Transit Corporation.

“Digital network” means any online-enabled technology application, service, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides between eligible riders and transportation network company drivers.

“Eligible rider” means a transit rider who meets the eligibility requirements established pursuant to subsection d. of this section and participates in the pilot program established pursuant to subsection b. of this section.

“Personal vehicle” means a motor vehicle that is used by a transportation network company driver to provide prearranged rides and is owned, leased, or otherwise authorized for use by the transportation network company driver. A personal vehicle shall not be considered an autocab or taxi as defined in R.S.48:16-1, a limousine as defined in R.S.48:16-13 or section 2 of P.L.1997, c.356 (C.48:16-13.1), an autobus or jitney as defined in R.S.48:16-23, a motor bus as defined in section 1 of P.L.1991, c.154 (C.17:28-1.5), or any other for-hire vehicle.

“Pilot program” means the New Jersey Transit TNC Pilot Program established pursuant to subsection b. of this section.

“Prearranged ride” means the provision of transportation by a transportation network company driver to an eligible rider, beginning when a driver accepts a ride requested by the eligible rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting eligible rider, and ending when the last requesting eligible rider departs from the personal vehicle. A prearranged ride shall not include transportation provided using an autocab, taxi, limousine, autobus, jitney, motor bus, or other for-hire vehicle. A prearranged ride shall not include ridesharing, as defined in R.S.39:1-1.

“Transit rider” means a person who utilizes transportation services provided by the corporation, including, but not limited to, motorbus regular route service, rail passenger service, or light-rail passenger service.

“Transportation management association” means a nonprofit corporation approved by the Department of Transportation as coordinating transportation services, including, but not limited to, public transportation, van pools, car pools, bicycling, and pedestrian modes, as well as strategies such as flex time, staggered work hours, and compressed work weeks, for corporations, employees, developers, individuals, and other groups.

“Transportation network company” means a corporation, partnership, sole proprietorship, or other entity that is registered as a business in the State or operates in this State, holds a valid permit to operate in the State pursuant to section 4 of P.L.2017, c.26 (C.39:5H-4), and uses a digital network to connect an eligible rider to a transportation network company driver to provide a prearranged ride. A transportation network company shall not include an individual, corporation, partnership, sole proprietorship, or other entity arranging non-emergency medical transportation for individuals qualifying for Medicaid under P.L.1968, c.413 (C.30:4D-1 et seq.) or Medicare under Pub.L.89-97 (42 U.S.C. s.1395 et seq.) pursuant to a contract with the State or a managed care organization, whereby Medicaid or Medicare funding is used to pay for the non-emergency medical transportation services.

“Workdays” means Monday through Friday, excluding federal and State holidays.

b. The corporation, in consultation with the New Jersey Motor Vehicle Commission, shall establish a three-year New Jersey Transit TNC Pilot Program within Bergen, Morris, and Middlesex counties. The purpose of the pilot program shall be to provide eligible riders with access to prearranged rides to the nearest corporation facility that provides motorbus regular route service, rail passenger service, or light-rail passenger service, as appropriate, on workdays.

c. To establish the pilot program, the corporation shall contract with one or more transportation network companies to provide prearranged rides for eligible riders. Prearranged rides provided through the pilot program shall be available to eligible riders for a flat rate in an amount to be determined by the corporation, in consultation with each contracted transportation network company, which amount may vary based on geographic location and distance to the nearest corporation facility that provides motorbus regular route service, rail passenger service, or light-rail passenger service, as appropriate.

The corporation and each contracted transportation network company shall develop or define the service area for the pilot program to ensure that the pilot program provides prearranged rides to eligible riders where corporation transit service is not available. The corporation and each contracted transportation network company shall develop or define the service area for the pilot program in coordination with:

(1) the board of county commissioners of each county where the pilot program operates;

(2) the transportation management associations that operate in each county;

(3) providers of transportation services under the New Jersey Jobs Access and Reverse Commute Program that operate in each county; and

(4) providers of transportation services under the Enhanced Mobility for Seniors and Individuals with Disabilities Program that operate in each county and receive federal funding pursuant to 49 U.S.C. s.5310.

d. To be eligible for participation in the pilot program, a rider shall be a resident of Bergen County, Morris County, or Middlesex County.

e. Prearranged rides may be offered during peak and off-peak hours, as determined by the corporation based on rider demand. The corporation shall include a mechanism for eligible riders to request and book prearranged rides through the transportation network company’s digital network or other suitable platform provided by the contracted transportation network companies. Each contracted transportation network company shall determine whether eligible riders, who are veterans or senior citizens, may receive a reduced fare for prearranged rides offered by the transportation network company, which reduced fare shall be based on the flat rate established by subsection c. of this section.

f. An eligible rider who receives a prearranged ride through the pilot program to travel to a corporation facility that provides motorbus regular route service, rail passenger service, or light-rail passenger service shall receive a reduced fare from the corporation for such motorbus regular route service, rail passenger service, or light-rail passenger service. However, an eligible rider shall be required to demonstrate proof of participation in the pilot program in order to receive the reduced fare. Proof of participation may be in the form of digital or physical verification, such as an electronic or physical receipt that shows the eligible rider received a prearranged ride through the pilot program on the same workday as the eligible rider’s transit trip provided by the corporation. The reduced fare amount shall be determined by the corporation and shall take into account the cost of any prearranged rides procured by an eligible rider through the pilot program.

g. Within one year after the effective date of this act, and for each year thereafter until the expiration of the pilot program, the corporation shall prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The report shall include information on:

(1) the total number of transit trips provided under the pilot program for the previous and current year along with the total number of transit trips expected to be provided by the end of the current year;

(2) the total number of eligible riders served for the previous and current year along with the total number of eligible riders expected to be served by the end of the current year;

(3) the overall level of satisfaction with the pilot program, as reported by the pilot program participants;

(4) any costs or savings created as a result of the pilot program;

(5) any relevant feedback on the pilot program provided to the corporation by pilot program participants, advocacy groups, or community-based organizations with knowledge and expertise of the rights and challenges of individuals with disabilities; and

(6) any other information that the corporation deems appropriate.

For the second and third report required pursuant to this subsection, the corporation shall include an analysis of how the pilot program can be improved and whether the corporation recommends that the Legislature expand, modify, discontinue, or permanently adopt the pilot program.

2. This act shall take effect immediately and shall expire upon submission of the third and final report required pursuant to subsection g. of section 1 of this act.

STATEMENT

This bill requires the New Jersey Transit Corporation (NJT) to establish a three-year New Jersey Transit TNC Pilot Program (pilot program) within Bergen, Morris, and Middlesex counties.

Specifically, the pilot program is to provide eligible riders with access to prearranged rides to the nearest corporation facility that provides motorbus regular route service, rail passenger service, or light-rail passenger service, as appropriate, on workdays. To be eligible for participation in the pilot program, a rider is required to be a resident of Bergen, Morris County, or Middlesex County.

Under the bill, NJT is required to partner with transportation network companies (TNCs) to provide prearranged rides for eligible riders at a flat rate determined by NJT, in consultation with the TNCs. Each contracted TNC is to determine whether eligible riders, who are veterans or senior citizens, may receive a reduced fare for prearranged rides offered by the TNC, which reduced fare is to be based on the flat rate authorized by the bill. NJT, and the contracted TNCs are required to develop or define the service area and points of interest for the pilot program in coordination with certain entities as provided in the bill to ensure that the pilot program provides prearranged rides where corporation transit service is not available.

Under the bill, prearranged rides may be offered during peak and off-peak hours, as determined by NJT based on rider demand. Additionally, NJT is to include a mechanism for eligible riders to request and book prearranged rides through the TNC’s digital network or other suitable platform provided by the TNC.

Under the bill, an eligible rider who receives a prearranged ride through the pilot program to travel to a corporation facility that provides motorbus regular route service, rail passenger service, or light-rail passenger service is to receive a reduced fare from the corporation for such motorbus regular route service, rail passenger service, or light-rail passenger service. However, as outlined in the bill, to receive the reduced fare, an eligible rider is required to demonstrate proof of participation in the pilot program. The reduced fare amount is to be determined by NJT and is to take into account the cost of any prearranged rides procured by an eligible rider through the pilot program.

Finally, NJT is required to submit an annual report to the Governor and Legislature on the progress and status of the pilot program and is required to evaluate the pilot program after the second and third year to determine how it can be improved and whether to expand, modify, discontinue, or permanently adopt the pilot program.