Bill Text: NJ A3788 | 2016-2017 | Regular Session | Introduced
Bill Title: Directs PANYNJ to establish requirements concerning business operations, safety requirements and violations, and emissions standards for motor carrier operations in NJ portion of port district.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-05-23 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3788 Detail]
Download: New_Jersey-2016-A3788-Introduced.html
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
SYNOPSIS
Directs PANYNJ to establish requirements concerning business operations, safety requirements and violations, and emissions standards for motor carrier operations in NJ portion of port district.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor carrier operations in the New Jersey portion of the port district of the Port Authority of New York and New Jersey, amending P.L.1995, c.157, and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Port Authority of New York and New Jersey shall require any motor carrier operating at any port in New Jersey operated by the Port Authority of New York and New Jersey, as a condition of doing business in that portion of the port district in New Jersey, to comply with:
(1) the requirements for motor carriers set forth in federal law, and the rules and regulations adopted pursuant thereto, the state motor vehicle laws and rules and regulations adopted pursuant thereto in the state in which the vehicle is registered, and New Jersey motor vehicle laws and rules and regulations adopted pursuant thereto;
(2) truck safety and operations regulations, including, but not necessarily limited to, truck maintenance and truck route and parking restrictions established by the port authority and the Federal Motor Carrier Safety Administration Regulations in Title 49 of the Code of Federal Regulations;
(3) all applicable tax and labor laws;
(4) port authority requirements concerning the disclosure of records of motor vehicle license revocations and violations, and documentation of failure to comply with air pollution and motor vehicle safety laws, rules, and regulations; and
(5) other requirements concerning security, financial capability, driver credentials, and other issues as established by the port authority.
b. Upon a determination that a motor carrier is not in compliance with the provisions of subsection a. of this section, the port authority may revoke the registration of the motor carrier issued pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. (New section) a. In addition to the requirements set forth in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the port authority shall require:
(1) any motor carrier operating at any port in New Jersey operated by the port authority, as a condition of doing business in that portion of the port district in New Jersey, to comply with the emissions standards for heavy-duty diesel vehicles established by the California Air Resources Board for vehicle model year 2007 and later; and
(2) the retrofitting or replacement of such vehicles to bring all such vehicles doing business in that portion of the port district in New Jersey into compliance.
b. Notwithstanding any law, rule, regulation, or existing tariff to the contrary, the port authority shall require any motor carrier doing business in that portion of the port district in New Jersey to pay an annual clean truck tariff for the purposes of offsetting the retrofitting and replacement costs associated with the requirements under paragraph (2) of subsection a. of this section, in an amount to be determined by the port authority. The moneys collected pursuant to this subsection shall be deposited in the port authority fund established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. (New section) a. Upon determining that a motor carrier satisfies the requirements under sections 1 and 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the port authority shall register the motor carrier for doing business in that portion of the port district in New Jersey. The port authority shall issue placards or other identifying materials for such registered motor carriers and each registered motor carrier shall display the required placard or other identifying material at all times when doing business in that portion of the port district in New Jersey.
b. Upon a determination that a motor carrier is not in compliance with the requirements established under subsection a. of this section, the port authority may revoke the registration of the motor carrier issued pursuant to that subsection.
4. (New section) a. The Port Authority shall maintain a fund for the purposes of retrofitting, replacing, or otherwise updating vehicles for motor carriers doing business in the port district to comply with the requirements of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). This fund shall be credited with the tariff collected pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The port authority shall
coordinate with other State agencies and government entities to establish grant
and loan programs, funded by the moneys deposited in the fund maintained
pursuant to subsection a. of this section for retrofitting, replacing, or otherwise
updating vehicles to comply with the requirements of section 2 of P.L. , c. (C. ) (pending before the
Legislature as this bill).
5. (New section) a. The Department of Environmental Protection, shall revise, incorporate, or adopt by reference into the rules and regulations established pursuant to section 3 of P.L.1995, c.157 (C.39:8-61), the following emissions and exhaust standards and test methods adopted by the California Air Resources Board:
(1) the California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Years of Heavy-Duty Diesel Engines and Vehicles, Part 86, Subpart A, s.86.001-1 et seq., as amended;
(2) the California Regulation to Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles, s.2025 et seq., as amended; and
(3) any other rules and regulations adopted by the California Air Resources Board to implement the Clean Truck program and the tariff imposed pursuant to that program in the Port of Los Angeles.
b. The department shall require all heavy-duty diesel vehicles licensed or operating in the State to comply with the emissions standards established for model year 2007 and later pursuant to the standards, rules, and regulations adopted pursuant to paragraphs (1) and (2) of subsection a. of this section.
6. Section 6 of P.L.1995, c.157 (C.39:8-64) is amended to read as follows:
6. a. The commission, in consultation with the Department of Environmental Protection and the Department of Transportation and with the approval of the Attorney General, shall establish and implement a periodic inspection program and a roadside enforcement program to implement the standards and test methods adopted pursuant to section 3 of [this act] P.L.1995, c.157 (C.39:8-61) and section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). These programs shall be designed to measure exhaust emissions and to inspect emission control apparatus and related items on diesel buses, heavy-duty diesel trucks, and other diesel-powered motor vehicles. The programs shall include, at a minimum, diesel buses and heavy-duty diesel trucks subject to the rules and regulations adopted pursuant to section 3 of [this act] P.L.1995, c.157 (C.39:8-61) and section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill); provided that the commission, in consultation with the Department of Transportation, may exempt vehicles from either program for good cause, which may include that vehicles belonging to an exempted class are, by law, subject to emissions testing in another program. The commission, in consultation with the Department of Environmental Protection and with the approval of the Attorney General, may, by rule or regulation, expand the periodic inspection program and the roadside enforcement program to include other diesel-powered motor vehicles that are subject to the rules and regulations adopted pursuant to section 3 of [this act] P.L.1995, c.157 (C.39:8-61) and section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). The commission, in consultation with the Commissioner of Transportation, may, by rule or regulation, impose upon every owner and lessee of a diesel bus, heavy-duty diesel truck, or other diesel-powered motor vehicle subject to periodic inspection the obligation to have the vehicle periodically inspected in a manner determined by the commission in consultation with the Commissioner of Transportation, to effect repairs or to abstain from operating or to limit the operation of a rejected vehicle or a vehicle overdue for inspection, and may take other action necessary or appropriate for implementation of the periodic inspection program. The commission, in consultation with the Commissioner of Transportation, may, by rule or regulation, impose upon every owner and lessee of a diesel bus, heavy-duty diesel truck, or other diesel-powered motor vehicle subject to roadside inspection the obligation to abstain from operating or to limit the operation of a vehicle that has been tested and found to be in violation of the rules and regulations adopted pursuant to section 3 of [this act] P.L.1995, c.157 (C.39:8-61) and section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), or to effect repairs, and may take other action necessary or appropriate for implementation of the roadside enforcement program. A school bus, as defined pursuant to R.S.39:1-1, shall be exempt from the roadside enforcement program. However, nothing in this subsection allowing or mandating exemptions from the periodic inspection program or the roadside enforcement program shall be construed to limit any other enforcement actions permitted by law.
b. The commission shall exercise all authority, including but not limited to administrative, implementation, enforcement, and penalty authority, in connection with the periodic inspection program for diesel buses and the roadside enforcement program for diesel buses that are under the jurisdiction of the commission pursuant to Titles 27 and 48 of the Revised Statutes or any other law, rule, or regulation. The commission shall consult with the Department of Environmental Protection and the Department of Transportation in conducting the periodic inspection program for diesel buses and the roadside enforcement program for diesel buses that are under the jurisdiction of the commission. Any periodic inspection that may be required pursuant to this act for a diesel bus under the jurisdiction of the commission shall be conducted only in conjunction with any periodic safety inspection required for that diesel bus pursuant to law, rule, or regulation. Any suspension of registration privileges with respect to diesel buses for a violation of this act or any rule or regulation adopted pursuant thereto shall be implemented by the commission.
(cf: P.L.2003, c.13, s.79)
7. This act shall take effect immediately, except sections 1 through 4 shall take effect upon the enactment into law by the State of New York of legislation having an identical effect as those sections of this act, or, if the State of New York shall have already enacted such legislation, then sections 1 through 4 of this act shall take effect immediately.
STATEMENT
This bill directs the Port Authority of New York and New Jersey to require, as a condition of doing business in the New Jersey portion of the port district, motor carrier operations to comply with certain requirements, including California Air Resources Board standards for heavy-duty diesel vehicles or updating such vehicles to comply with those standards. The port authority would also establish a clean truck tariff to offset the costs of these vehicle updates.
