reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-21.39 - Complete streets policy, Department of Transportation, public highways, transportation projects.

27:1B-21.39 Complete streets policy, Department of Transportation, public highways, transportation projects.
1. a. The Department of Transportation shall implement a complete streets policy to plan, design, construct, maintain, and operate new and rehabilitated public highways and public transportation projects, as those terms are defined pursuant to section 3 of P.L.1984, c.73 (C.27:1B-3), to provide safe access for all users, including bicyclists, pedestrians, transit riders, individuals with mobility impairments, and persons diagnosed with autism spectrum disorder and persons with intellectual and developmental disabilities. The complete streets policy shall require the consideration and implementation of design elements and infrastructure improvement projects that promote the ability of persons diagnosed with autism spectrum disorder and persons with intellectual and developmental disabilities to travel independently.
b. The department shall develop universal design concepts that advance the mobility options for individuals with intellectual and developmental disabilities and individuals diagnosed with autism spectrum disorder within the complete streets policy established pursuant to subsection a. of this section. The department shall develop guidance and policies for the means by which the universal design concepts shall be incorporated into the planning, design, construction, maintenance, and operation of new and rehabilitated public highways and public transportation projects, as those terms are defined pursuant to section 3 of P.L.1984, c.73 (C.27:1B-3).
c. The department shall encourage regional and local entities that apply for funding through the local aid program, pursuant to section 25 of P.L.1984, c.73 (C.27:1B-25), to adopt a complete streets policy that complies with the provisions of this section.
L.2023, c.3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-22.1 - Circle of Mobility projects; inclusion on list, annual funding; completion

27:1B-22.1. Circle of Mobility projects; inclusion on list, annual funding; completion
3. a. The Commissioner of Transportation shall annually include in the list of proposed projects submitted to the Legislature pursuant to section 22 of P.L.1984, c.73 (C.27:1B-22) annual funding for such projects as are necessary to complete the Circle of Mobility, as defined in section 3 of P.L.1984, c.73 (C.27:1B-3). The Legislature shall annually appropriate from the revenues and other funds of the New Jersey Transportation Trust Fund Authority such sums as are necessary to effectuate this completion.
b. The New Jersey Transit Corporation shall proceed expeditiously to complete the Circle of Mobility. To insure adherence to this requirement, the corporation shall provide a schedule for this completion, as well as periodic progress reports on the status of the various projects comprising the Circle of Mobility, including but not limited to project descriptions, the construction status to date of each project, additional work required, together with related time schedules to complete each project, the amounts and sources of funds appropriated to date and the estimated additional amounts and sources of funds needed to complete each project, and any modification to the original scope of a project, to the Senate Transportation Committee, the Assembly Transportation and Communications Committee, the Senate Legislative Oversight Committee, and the Assembly Regulatory Oversight Committee, with the schedule due 60 days after the effective date of this act and the progress reports at six month intervals thereafter.
L.1995,c.84,s.3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-22.3 - Report to Governor, Legislature.

27:1B-22.3 Report to Governor, Legislature.
9. The Department of Transportation shall report to the Governor and the Legislature on September 1, 2008 and on September 1, 2010 on the amount of revenues and other funds of the authority which have been expended on permitted maintenance and on salaries and overhead of the department and the corporation in the previous two fiscal years respectively. In the reports the department shall provide reasons as to why the reported expenditure levels are appropriate and in the public interest. In addition, the department shall detail steps that have been undertaken to reduce expenditures for these purposes after June 30, 2006.
L.2006,c.3,s.9.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-22.4 - Inclusion of projects in "Annual Transportation Capital Program."

27:1B-22.4 Inclusion of projects in "Annual Transportation Capital Program."
3. The Department of Transportation shall include, annually as part of its "Annual Transportation Capital Program" submitted pursuant to section 22 of P.L.1984, c.73 (C.27:1B-22), projects for the repair of malfunctioning stormwater basins owned by the State or the New Jersey Transit Corporation in the Barnegat Bay watershed based upon the priority order identified in the study prepared pursuant to section 1 of P.L.2010, c.114.
L.2010, c.114, s.3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-22.6 - Reporting environmental assessments.

27:1B-22.6 Reporting environmental assessments.
1. a. Notwithstanding the provisions of Executive Order No. 215 of 1989 to the contrary, toll road authorities, the New Jersey Transit Corporation, and the department shall not be required to prepare and submit to the Department of Environmental Protection, pursuant to Executive Order No. 215 of 1989, an environmental assessment for a public highway or public transportation project that has anticipated construction costs of $3 million or less.
b. (1) Notwithstanding the provisions of Executive Order No. 215 of 1989 to the contrary, toll road authorities, the New Jersey Transit Corporation, and the department shall not be required to prepare and submit to the Department of Environmental Protection, pursuant to Executive Order No. 215 of 1989, an environmental impact statement for a public highway or public transportation project that has anticipated construction costs of $7 million or less and land disturbance in excess of five acres.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, the Department of Environmental Protection may require a toll road authority, the New Jersey Transit Corporation, or the department to submit an environmental assessment for a public highway or public transportation project that has anticipated construction costs between $5 and $7 million and land disturbance in excess of five acres.
c. The Department of Environmental Protection shall annually increase the thresholds established in subsections a. and b. of this section to appropriately account for inflation utilizing a federally published measure of inflation that indexes construction costs over an area encompassing New Jersey, and shall publish notice of this increase on its Internet website and in the New Jersey Register.
d. Nothing in this section shall be construed to abrogate or limit the authority of the Department of Environmental Protection to require the submission of an environmental assessment or environmental impact statement for a public highway or public transportation project pursuant to any other law.
L. 2021, c.351.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-23 - Contracts by treasurer, commissioner and authority.

27:1B-23 Contracts by treasurer, commissioner and authority.
23. In order to implement the arrangement provided for in the act, the treasurer, the commissioner and the authority are hereby authorized to enter into one or more contracts. The contracts shall commence with the fiscal year beginning July 1, 1984, and provide for the credit to the "Transportation Trust Fund Account" in the amounts provided for in section 20 of the act and for the payment to the authority of the amounts credited to the "Transportation Trust Fund Account" in accordance with the provisions of section 20 of the act. The contracts shall also provide for the payment by the authority of the amounts provided for in section 21 of the act and for expenditures from the "Special Transportation Fund," as provided in section 21 of the act. The contract or contracts shall be on terms and conditions as determined by the parties and may contain terms and conditions necessary and desirable to secure the bonds, notes and other obligations of the authority, provided, however, that the incurrence of any obligation by the State under the contract or contracts, including any payments to be made thereunder from the "Transportation Trust Fund Account" or the "Special Transportation Fund," shall be subject to and dependent upon appropriations being made from time to time by the Legislature for the purposes of the act. Any contract providing for the payment of transportation program bonds and any agreements securing such transportation program bonds shall provide that such payment shall be made solely from revenues dedicated pursuant to the New Jersey Constitution, including Article VIII, Section II, paragraph 4, and deposited into the "Transportation Trust Fund Account - Subaccount for Debt Service for Transportation Program Bonds."
L.1984, c.73, s.23; amended 2012, c.13, s.8.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-25.2 - Use of reclaimed asphalt pavement, maximum amount.

27:1B-25.2 Use of reclaimed asphalt pavement, maximum amount.
1. Notwithstanding any law, rule or regulation to the contrary, counties and municipalities receiving State funds for transportation projects shall permit for public highways under their jurisdiction the use of reclaimed asphalt pavement that constitutes a maximum of 25 percent by weight of the total pavement mixture for base and intermediate pavement courses and a maximum of 15 percent by weight of the total pavement mixture for surface pavement courses.
L.2002,c.113,s.1.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-25.3 - Use of reclaimed asphalt pavement in "closed system" project.

27:1B-25.3 Use of reclaimed asphalt pavement in "closed system" project.
2. Counties and municipalities receiving State funds for transportation projects shall permit for public highways under their jurisdiction the use of reclaimed asphalt pavement that constitutes from 25 to 50% by weight of the total pavement mixture for base and intermediate pavement courses, after an evaluation of the material properties of the reclaimed asphalt pavement, in a "closed system" project. A "closed system" project is defined as a project on which the asphalt millings from the project are recycled back into the hot mix asphalt on that same project.
L.2002,c.113,s.2.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-25.4 - Use of reclaimed asphalt pavement, certain; prohibited.

27:1B-25.4 Use of reclaimed asphalt pavement, certain; prohibited.
3. Reclaimed asphalt pavement shall not be used for open-graded and modified open-graded friction courses, or any other special purpose or premium asphalt mix required in specific projects to increase pavement skid resistance.
L.2002,c.113,s.3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-25.5 - Limitations on grant recipients.

27:1B-25.5 Limitations on grant recipients.
2. All appropriations or authorizations made by the Legislature and allocated by the commissioner, under the local aid program, pursuant to section 25 of P.L.1984, c.73 (C.27:1B-25), shall include the following limitations on grant recipients:
a. local government entity grant recipients shall be prohibited from using local aid program funds to support the work of any local government entity's employees on any construction projects funded, in whole or in part, out of funds from the local aid program;
b. the construction contracts for all projects funded, in whole or in part, out of funds from the local aid program shall be made and awarded in accordance with the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);
c. for all projects funded, in whole or in part, out of funds from the local aid program, each bidder on a construction contract valued at more than $5,000,000 shall be prequalified by the New Jersey Department of Transportation; and
d. a grant recipient under the local aid program shall be permitted to expend up to 10 percent of its aid allotment in the fiscal year beginning July 1, 2018 for design purposes, and up to five percent of its aid allotment in the fiscal year beginning July 1, 2019 and every fiscal year thereafter for such purposes.
L.2019, c.135, s.2.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-26 - Budgets of counties and municipalities; inclusion of and commitments against state aid

27:1B-26. Budgets of counties and municipalities; inclusion of and commitments against state aid
It shall be lawful for each county and municipality, upon notification by the commissioner of approval for and the amount of State aid allocated to a project, to include an amount equal to the amount of such State aid in its annual budget and any amendments and supplements thereto. Immediately thereafter, commitments may be made by counties and municipalities against the amounts so included in their budgets and amendments and supplements thereto.
L.1984, c. 73, s. 26, eff. July 10, 1984.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-27 - Counties and municipalities; temporary state aid anticipation notes

27:1B-27. Counties and municipalities; temporary state aid anticipation notes
When the commissioner shall notify the governing body of a county or municipality of the amount of State funds allocated to a project, the governing body may borrow money on temporary loan to an amount not to exceed the amount of the State funds allocated to the project, in anticipation of the payment of the amount of State funds so allocated to the county or municipality, and may apply the proceeds of the loan to the payment of the cost of the project. The temporary loan shall be repaid upon payment to the county or municipality of the sum, in anticipation of payment of which the loan was made.
L.1984, c. 73, s. 27, eff. July 10, 1984.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-28 - Act not to limit, alter or impair rights and security of holders under contracts

27:1B-28. Act not to limit, alter or impair rights and security of holders under contracts
Nothing in the act shall be deemed or construed so as to limit, alter or impair in any way the rights and obligations of the toll road authorities or other State agencies under the provisions of the contracts made with the holders from time to time of bonds and notes heretofore or hereafter issued by said toll road authorities or other State agencies or in any way impair the rights and security of the holders under the contracts.
L.1984, c. 73, s. 37, eff. July 10, 1984.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-29 - Severability

27:1B-29. Severability
If any clause, sentence, paragraph, section or part of the act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which the judgment shall have been rendered.
L.1984, c. 73, s. 38, eff. July 10, 1984.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1B-31 - Act as supplemental and additional to powers conferred by other laws; inconsistent acts subordinate to this act

27:1B-31. Act as supplemental and additional to powers conferred by other laws; inconsistent acts subordinate to this act
This act shall be deemed to provide an additional, alternative and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to any powers conferred by other laws on public agencies and not in derogation of any such powers now existing, provided that, insofar as the provisions of this act are inconsistent with the provisions of any other law, general, special or local, now in existence or hereafter (unless with specific reference to this act) adopted, the provisions of this act shall be controlling.
L.1984, c. 73, s. 40, eff. July 10, 1984.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-3 - Definitions

27:1C-3. Definitions
The following words or terms as used in this act shall have the following meaning unless a different meaning clearly appears from the context:
a. "Commissioner" means the Commissioner of Transportation.
b. "County" means a duly constituted county government or an appropriate governmental organization designated under paragraph (1) of subsection c. of section 4 of this act.
c. "Department" means the Department of Transportation.
d. "Development" means "development" in the meaning of section 3.1 of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-4).
e. "Development assessment liability date" means, with respect to any transportation development district created under this act, the date upon which the commissioner adopts an order designating the district and delineating its boundaries, which order shall be published in the New Jersey Register.
f. "Development fee" means a fee assessed on a development pursuant to an ordinance or resolution, as appropriate, adopted under section 7 of this act.
g. "Public highways" means public roads, streets, expressways, freeways, parkways, motorways and boulevards, including bridges, tunnels, overpasses, underpasses, interchanges, rest areas, express bus roadways, bus pullouts and turnarounds, park-ride facilities, traffic circles, grade separations, traffic control devices, the elimination or improvement of crossings of railroads and highways, whether at grade or not at grade, and any facilities, equipment, property, rights-of-way, easements and interests therein needed for the construction, improvement and maintenance of highways.
h. "Public transportation project" means, in connection with public transportation service or regional ridesharing programs, passenger stations, shelters and terminals, automobile parking facilities, ramps, track connections, signal systems, power systems, information and communication systems, roadbeds, transit lanes or rights-of-way, equipment storage and servicing facilities, bridges, grade crossings, rail cars, locomotives, motorbus and other motor vehicles, maintenance and garage facilities, revenue handling equipment and any other equipment, facility or property useful for or related to the provision of public transportation service or regional ridesharing programs.
i. "Transportation development district" or "district" means a district created under section 4 or section 13 of this act.
j. "Transportation project" means, in addition to public highways and public transportation projects, any equipment, facility or property useful or related to the provision of any ground, waterborne or air transportation for the movement of people and goods.
L.1989, c.100, s.3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-5 - Joint planning process

27:1C-5. Joint planning process
a. Following the commissioner's designation and delineation of a district under section 4 of this act, the governing body of the county shall initiate a joint planning process for the district, with opportunity for participation by the State, all affected counties and municipalities and private representatives. Each affected governmental unit shall be notified by the county at the commencement of the joint planning process. The joint planning process shall produce a draft district transportation improvement plan and a draft financial plan.
b. The draft district transportation improvement plan shall establish goals and priorities for all modes of transportation within the district, shall incorporate the relevant plans of all transportation agencies within the district and shall contain a program of transportation projects which addresses transportation needs arising from rapid growth conditions prevailing in the district and which therefore warrants financing in whole or in part from a trust fund to be established under section 7 of this act, and shall provide for the assessment of development fees based upon the applicable formula as established by the commissioner by regulation. The draft district transportation improvement plan shall be in accordance with the State transportation master plan adopted under section 5 of P.L.1966, c.301 (C.27:1A-5), the county master plan adopted under R.S.40:27-2, and shall be in conformity with the State Development and Redevelopment Plan adopted under the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.) and, to the extent appropriate, given the district-wide objectives of the plan, coordinated with local zoning ordinances and master plans adopted pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).
c. The draft financial plan shall include an identification of projected available financial resources for financing district transportation projects outlined in the draft district transportation improvement plan, including recommendations for types and rates of development fees to be assessed under section 7 of this act, and projected annual revenue to be derived therefrom.
d. The governing body of the county shall make copies of the draft district transportation improvement plan and the draft financial plan available to the public for inspection and shall hold a public hearing on them.
L.1989,c.100,s.5.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-6 - District transportation improvement plan; approval by commissioner

27:1C-6. District transportation improvement plan; approval by commissioner
a. The governing body of any county which has completed all the requirements of section 5 of this act may, by ordinance or resolution, as appropriate, adopt a district transportation improvement plan. The district transportation improvement plan shall be derived from the draft district transportation improvement plan developed under section 5 of this act and shall contain a financial plan for transportation projects intended to be developed over time in whole or in part from a trust fund to be established under section 7 of this act. The district transportation improvement plan shall be consistent with any existing capital improvements program, and incorporated into any future capital improvements program required to be adopted under P.L. ...., c. .... (C. ........) (now pending before the Legislature as Assembly Bill No. 2306 or Senate Bill No. 664 of 1988) and shall be consistent with any transportation improvement program which the county may be required to submit to the department.
b. No ordinance or resolution, or amendment or supplement thereto, adopted under this section shall take effect until approved by the commissioner. In evaluating the district transportation improvement plan, the commissioner shall take into consideration: (1) the appropriateness of the district boundaries in light of the findings of the plan, (2) the appropriateness of the content and timing of the program of projects intended to be financed in whole or in part from the district trust fund in relation to the transportation needs stemming from rapid growth in the district, (3) the hearing record of the public hearing held prior to adoption of the ordinance or resolution, (4) any written comments submitted by municipalities or other parties and (5) consistency with the planning requirements set forth in subsection b. of section 5 of this act. The commissioner shall complete the review of the ordinance or resolution and shall inform the governing body in writing of the approval or disapproval thereof within 90 days of receipt. Failure by the commissioner to act in 90 days, unless an extension is mutually approved, shall mean that the submission is deemed approved. The written notice shall be accompanied, in the case of approval, by the commissioner's estimate of the resources which may be available to support implementation of the plan and, in the case of disapproval, by the reasons for that disapproval. The governing body may, in the case of a disapproval, resubmit an ordinance or resolution, as appropriate, or amendment or supplement thereto, incorporating whatever revisions it deems appropriate, taking into consideration the commissioner's reasons for disapproval.
L.1989,c.100,s.6.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-8 - Formula for assessment

27:1C-8. Formula for assessment
An ordinance or resolution, as appropriate, adopted under section 7 of this act shall provide for the assessment of development fees based upon the formula for that category of district authorized by the commissioner, by regulation, and uniformly applied, with such exceptions as are authorized or required by this act and by regulation. The commissioner may authorize a formula or formulas relating the amount of the fee to impact on the transportation system, including, but not limited to, the following factors: vehicle trips generated by the development, the occupied square footage of a developed structure, the number of employees regularly employed at the development, and the number of parking spaces located at the development. In developing the authorized formula or formulas the commissioner shall consult with knowledgeable persons in appropriate fields, which may include, but need not be limited to, land use law, planning, traffic engineering, real estate development, transportation, and local government. No separate or additional assessments for off-site transportation improvements within the district shall be made by the State, or a county or municipality except as provided in this act.
L.1989,c.100,s.8.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-9 - Project agreement

27:1C-9. Project agreement
Every transportation project funded in whole or in part by funds from a transportation development district trust fund shall be subject to a project agreement to which the commissioner is a party. Every transportation project for which a project agreement has been executed shall be included in a district transportation improvement plan adopted by an ordinance or resolution, as appropriate, under section 6 of this act. A project agreement may include other parties, including but not limited to, municipalities and the developers of a project. A project agreement shall provide for the assignment of financial obligations among the parties, and those provisions for discharging respective financial obligations as the parties shall agree upon. A project agreement also shall make provision for those arrangements among the parties as are necessary and convenient for undertaking and completing a transportation project. A project agreement may provide that a county may pledge funds in a transportation development district trust fund or revenues to be received from development fees for the repayment of debt incurred under any debt instrument which the county may be authorized by law to issue. Each project agreement shall be authorized by and entered into pursuant to an ordinance or resolution, as appropriate, of the governing body of each county and municipality which is a party to the project agreement. Any project agreement may be made with or without consideration and for a specified or an unlimited time and on any terms and conditions which may be approved by or on behalf of the county or municipality and shall be valid whether or not an appropriation with respect thereto is made by the county or municipality prior to the authorization or execution thereof. Any county or municipality which is authorized to undertake all or part of a project which may involve property within the jurisdiction of another political subdivision, may exercise all powers necessary for the project as may be permitted by law and agreed to in the project agreement.
L.1989,c.100,s.9.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-10 - Appropriation of funds

27:1C-10. Appropriation of funds
No expenditure of funds shall be made from a transportation development district trust fund except by appropriation by the governing body of the county or other appropriate governmental organization as designated by the commissioner under this act, and upon certification of the county treasurer or the appropriate financial officer of the designated governmental organization, as appropriate, that the expenditure is in accordance with a project agreement entered into under section 9 of this act.
L.1989,c.100,s.10.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-11 - Loans

27:1C-11. Loans
The commissioner may, subject to the availability of appropriations for this purpose and pursuant to a project agreement entered into under section 9 of this act, make loans to a party to a project agreement for the purpose of undertaking and completing a State-owned transportation project. In this event, the project agreement shall include the obligation of the governing body of the county to make payments to the commissioner for repayment of the loan according to an agreed upon schedule of payments. The commissioner may receive monies from a county for repayment of a loan and pay these monies, or assign his right to receive them, to the New Jersey Transportation Trust Fund Authority, created pursuant to section 4 of P.L.1984, c.73 (C.27:1B-4), in reimbursement of funds paid to him by that authority for the purpose of making loans pursuant to this section.
L.1989,c.100,s.11.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-12 - Adjoining transportation development districts

27:1C-12. Adjoining transportation development districts
The governing bodies of two or more counties which have established, or propose to establish, adjoining transportation development districts, and which have determined that joint or coordinated planning or implementation of transportation projects would be beneficial, may enter into joint arrangements under this act, including: (1) filing joint applications under section 4 of this act, (2) initiating a coordinated joint planning process under section 5 of this act, (3) adopting coordinated district transportation improvement plans under section 6 of this act and (4) entering into joint project agreements under section 9 of this act.
L.1989,c.100,s.12.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-14 - Application for dissolution

27:1C-14. Application for dissolution
a. The governing body of a county within which a transportation development district has been designated under section 4 of this act may, by ordinance or resolution, as appropriate, apply to the commissioner for the dissolution of the district. The application shall include the reasons for the proposed dissolution and a plan for disbursing any funds remaining in the transportation development district trust fund, whether by refunds to owners of property on which the fees were assessed or otherwise, and for concluding the business of the district generally.
b. The commissioner shall, within 60 days of the receipt of a completed application, (1) by order dissolve the district and approve the county's plan for concluding the business of the district or (2) disapprove the application and inform the governing body of the county in writing of the reasons for the disapproval and any conditions or changes in the plan for concluding the business of the district which the commissioner believes to be necessary in the public interest.
L.1989,c.100,s.14.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-15 - Petition by municipal governing body; response by county governing body

27:1C-15. Petition by municipal governing body; response by county governing body
a. The governing body of any municipality or municipalities may, by resolution, petition the governing body of the county to initiate an application for the designation and delineation of a transportation development district under section 4 of this act. The resolution shall set forth in detail the reasons which, in the judgment of the governing body or bodies, justify the creation of a transportation development district in conformity with the purpose of this act.
b. The governing body of the county shall, within 90 days of the receipt of a petition submitted under subsection a. above, respond to the petition by adoption of an ordinance or resolution, as appropriate, which shall state the intention of the governing body to proceed or not to proceed with an application for the designation and delineation of a transportation development district under section 4 of this act. If appropriate, the ordinance or resolution shall set forth the reasons for not so proceeding. The ordinance or resolution, as appropriate, shall be transmitted to the governing body or bodies submitting the petition and to the governing body of each municipality which would, in the judgment of the governing body of the county, be directly affected by the designation and delineation of a transportation development district as proposed in the petition.
L.1989,c.100,s.15.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-16 - Limitations

27:1C-16. Limitations
a. Except as provided by this act, no county or municipality may establish or operate a district within the boundaries delineated by the commissioner for a transportation development district under section 4 of this act if the district is for the purpose of consolidating the required contributions for transportation improvements of applicants for development within the district.
b. Approval of a development application by any State, county or municipal body shall not be withheld or delayed because the proposed development is within a proposed or pending transportation development district. The development application shall be considered in accordance with the applicable law, rule, regulation, ordinance or resolution in effect at the time of application.
c. The provisions of this act shall not be construed as affecting municipal reviews and approvals of proposed developments under the provisions of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).
L.1989,c.100,s.16.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1C-18 - Rules, regulations

27:1C-18. Rules, regulations
The commissioner upon notice and the holding of a public hearing shall adopt the rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act, except that any transportation development district trust fund established under section 7 of this act shall be administered in accordance with all of the regulations adopted by the Local Finance Board or the Division of Local Government Services of the Department of Community Affairs which are applicable to county funds generally, and that the Local Finance Board shall have authority to adopt, after consultation with the commissioner, regulations specifically governing the administration of transportation development district trust funds.
L.1989,c.100,s.18.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-1 - Findings, declarations relative to transportation projects

27:1D-1. Findings, declarations relative to transportation projects
1. The Legislature finds and declares that:
a. A safe and efficient transportation system is essential to the economic and social well-being of the State and its people, and is a sound economic investment opportunity for both private and public resources.
b. The use of public-private transportation initiatives would enhance the ability of the State to provide a safe and efficient transportation system through use of alternate funding sources and private sector efficiencies; supplement the State's transportation resources in order to allow the State to use its limited resources for other needed projects; and encourage and promote business and employment opportunities for the citizens of New Jersey.
L.1997,c.136,s.1.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-2 - Definitions relative to transportation projects

27:1D-2. Definitions relative to transportation projects
2. As used in this act:
"Commissioner" means the Commissioner of Transportation.
"Corporation" means the New Jersey Transit Corporation.
"Department" means the Department of Transportation.
"Demonstration project" means a transportation project selected by the commissioner pursuant to section 3 of this act.
"Developer" means a public or private entity or consortia thereof selected by the public partner from among proposers to develop a demonstration project.
"Intelligent transportation systems" mean the equipment, facilities, property, information management and communications resources which are necessary or desirable for the advancement, management, or operation of a multi-modal transportation network.
"Project agreement" or "demonstration project agreement" means a contract or agreement entered into by the commissioner with a developer providing the terms and conditions under which the developer shall undertake a demonstration project.
"Public highways" means public roads, streets, expressways, freeways, parkways, motorways and boulevards, including bridges, tunnels, overpasses, underpasses, interchanges, rest areas, express bus roadways, bus pullouts and turnarounds, park-ride facilities, traffic circles, grade separations, intelligent transportation systems, traffic control devices, the elimination or improvement of crossings of railroads and highways, whether at grade or not at grade, and any facilities, equipment, property, rights of way, easements and interests therein needed for the construction, improvement and maintenance of highways or intelligent transportation systems.
"Public partner" means the Department of Transportation or the New Jersey Transit Corporation, as the case may be.
"Public transportation project" means, in connection with public transportation service, passenger stations, shelters and terminals, automobile parking facilities, ramps, track connections, signal systems, power systems, information and communication systems, roadbeds, transit lanes or rights of way, equipment storage and servicing facilities, bridges, grade crossings, rail cars, locomotives, motorbuses and other motor vehicles, maintenance and garage facilities, revenue handling equipment and any other equipment, facility or property useful for or related to the provision of public transportation service.
"Transportation project" means, in addition to public highways and public transportation projects, any equipment, facility or property useful or related to the provision of any ground, waterborne or air transportation for the movement of people and goods.
L.1997,c.136,s.2.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-3 - Selection of demonstration projects

27:1D-3. Selection of demonstration projects
3. a. Commencing with the fiscal year beginning after the effective date of this act and for the next four succeeding fiscal years, the commissioner is authorized to select up to seven transportation projects from the list of transportation projects for which monies have been appropriated in the annual appropriations acts for those five fiscal years to serve as demonstration projects. No more than seven demonstration projects shall be selected by the commissioner pursuant to this act.
b. Selection by the commissioner of demonstration projects pursuant to subsection a. of this section which are public transportation projects shall be made with the approval of the board of the corporation.
c. If a transportation project is not listed in the annual appropriations acts, the commissioner may submit that project as a demonstration project to the Legislature for approval. The commissioner shall make the submission to the Legislature to the President of the Senate and the Speaker of the General Assembly on a day when both houses are meeting. The President and the Speaker shall cause the date of submission to be entered upon the Senate Journal and the Minutes of the General Assembly, respectively. Unless the project as described in the submission is disapproved by adoption of a concurrent resolution to this effect by the affirmative vote of a majority of the authorized membership of both houses within the time period prescribed in this subsection, the project shall be deemed approved and the public partner shall be authorized to undertake the project. The time period shall commence on the day of submission and expire on the forty-fifth day after submission or for a house not meeting on the forty-fifth day, on the next meeting day of that house.
d. Notwithstanding the provisions of this section to the contrary, demonstration projects shall be subject to the approval of the Joint Budget Oversight Committee or its successor.
L.1997,c.136,s.3.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-5 - Financial conditions; arrangements of projects

27:1D-5. Financial conditions; arrangements of projects
5. a. The department's financial participation in any demonstration project undertaken pursuant to this act shall be subject to legislative appropriation. The corporation's financial participation in any demonstration project undertaken pursuant to this act shall be subject to the availability of funds. Participation by a public partner may take the form of loans or such other financial credit arrangements as may be appropriate to advance an approved project. Agreements entered into pursuant to this act to facilitate such participation shall provide that such loans or other credit arrangements made by the public partner shall yield a reasonable return and be amortized over the term of such agreement, or such lesser period as may be agreed to by the parties.
b. A project agreement entered into pursuant to this act shall provide for the allocation of ownership, leasehold, and other property interests in demonstration projects.
c. The project agreement may authorize the developer to set and impose rents, fares or user fees for use of a facility constructed by it and may require that over the term of the agreement, the rent, fare or fee revenues received by the developer be applied to repayment of the developer's capital outlay costs, interest expense, costs associated with operations, fare or user fee collection, facility management, reimbursement of the State's project review and oversight costs, repayment of loans, revenues to the State, technical and law enforcement services, and a reasonable return on investment to the developer.
d. The project agreement shall specify the manner in which rents, fares or user fees are to be established or revised, the procedures for receiving public comment on the establishment or revision of fares or user fees, including the holding of a public hearing thereon, and the procedures by which the public partner shall oversee the establishment or revision of fares or user fees provided, however, that no fares or user fees shall be subject to oversight unless the developer receives public monies for 10 percent or greater of its operating expenses.
L.1997,c.136,s.5.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-7 - Demonstration projects subject to State, federal laws

27:1D-7. Demonstration projects subject to State, federal laws
7. a. Demonstration projects selected pursuant to this act shall be designed, constructed, operated and maintained in accordance with all applicable environmental requirements and all other applicable State and federal laws and regulations necessary to the protection of the public health, safety and welfare.
b. Unless determined otherwise by the corporation, in its sole discretion, the plans and specifications for each demonstration project shall comply with the corporation's standards for public transportation projects.
c. Unless determined otherwise by the commissioner, in his sole discretion, the plans and specifications for each transportation project other than public transportation projects shall comply with the department's standards for transportation projects.
L.1997,c.136,s.7.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-8 - Immunities, defenses applicable to demonstration projects

27:1D-8. Immunities, defenses applicable to demonstration projects
8. All absolute and qualified immunities and defenses provided to public entities and public employees by the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., the "New Jersey Contractual Liability Act," N.J.S.59:13-1 et seq., and any other law shall apply to all interests held and activities performed by the department, the corporation and other State agencies in connection with the demonstration projects selected pursuant to this act.
L.1997,c.136,s.8.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-9 - Public partner may defend, indemnify

27:1D-9. Public partner may defend, indemnify
9. a. The public partner may agree to defend and indemnify any person, who, pursuant to a written agreement with the public partner entered into in accordance with this act, designs, constructs, operates, maintains, leases or otherwise holds an interest in a demonstration project, against claims, causes of action, demands, costs or judgments against that person arising as a direct result of the design, construction, interest, operation, or maintenance of that demonstration project. The public partner is authorized to reach agreements to defend and indemnify a person upon the terms and limitations the public partner deems reasonable and appropriate.
b. A determination by the public partner to defend and indemnify pursuant to this section does not bar, reduce, limit or affect any remedies which the public partner may have to enforce the agreement between the public partner and the developer to assert a claim for damages to which the public partner may be entitled arising out of the developer's failure to perform the agreement, or for the recovery of funds expended for the defense of the developer if the defense was undertaken in response to a claim or cause of action brought against the developer which is proven to have arisen from gross negligence, willful misconduct, fraud, intentional tort, bad faith or criminal conduct.
c. No one other than the person operating, maintaining, leasing or otherwise holding an interest in the demonstration project pursuant to an agreement with the public partner has the right to enforce any agreement for defense or indemnification between that person and the public partner.
L.1997,c.136,s.9.
2023 New Jersey Revised Statutes › Title 27 - Highways › Section 27:1D-10 - Definitions.

27:1D-10 Definitions.
1. As used in P.L.2023, c.184 (C.27:1D-10 et seq.):
"Commissioner" means the Commissioner of Transportation.
"Department" means the Department of Transportation.
"Local government unit" means a county, municipality, or joint meeting, including any commission, authority, board, agency, or any other similar entity thereof.
"Program" means the Mobility and Transportation Innovation Pilot Program established pursuant to section 2 of P.L.2023, c.184 (C.27:1D-11).
"Public transportation project" means the same as that term is defined in section 3 of P.L.1984, c.73 (C.27:1B-3).
"Transit agency" means any organization or entity, including for-profit businesses, non-profit organizations and independent authorities, that provides public transportation service.
L.2023, c.184, s.1.