Bill Text: NJ A5014 | 2024-2025 | Regular Session | Introduced
Bill Title: Concerns certain county and municipal farm roadway improvement projects; establishes "Local Farm Roadway Improvement Fund."
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-14 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A5014 Detail]
Download: New_Jersey-2024-A5014-Introduced.html
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Concerns certain county and municipal farm roadway improvement projects; establishes "Local Farm Roadway Improvement Fund."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain county and municipal transportation projects, supplementing Title 27 of the Revised Statutes, and amending P.L.1984, c.73.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this section:
"Farm" means land used for the commercial raising, growing, and producing of any crop, livestock, or fur products on land not less than five acres in area, which land is not used in the business of buying farm products for resale.
"Slow moving vehicle" means a vehicle that is registered pursuant to R.S.39:3-24.
b. Notwithstanding any law, rule, or regulation to the contrary, a county or municipality may apply to the Department of Transportation, in a form and manner prescribed by the department, for financial assistance to defray, in whole or in part, the costs of any transportation project that qualifies as a farm roadway improvement. c. A transportation project shall qualify as a farm roadway improvement if:
(1) the transportation project is designed to relieve traffic congestion in communities that include farms by methods that may include, but shall not be limited to, expanding the shoulder of a roadway or providing a paved area for slow moving vehicles to move aside from traffic traveling in the same direction; and
(2) the transportation project is located on a portion of roadway that is used by the operators of slow moving vehicles at a frequency which unduly disrupts the normal flow of traffic, as determined by the department.
d. The department may approve applications on a rolling basis, subject to the availability of funds. The department may provide financial assistance to approved applicants in the form of grants or loans in such amounts as the department deems appropriate from the "Local Farm Roadway Improvement Fund" established pursuant to subsection h. of P.L.1984, c.73 (C.27:1B-25).
2. Section 25 of P.L.1984, c.73 (C.27:1B-25) is amended as follows:
25. a. Notwithstanding the provisions of subtitle 4 of Title 27 of the Revised Statutes and P.L.1946, c.301 (C.27:15A-1 et seq.), the commissioner may, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate to counties and municipalities funds for the planning, acquisition, engineering, construction, reconstruction, repair, resurfacing and rehabilitation of public highways and the planning, acquisition, engineering, construction, reconstruction, repair, maintenance and rehabilitation of public transportation projects and of other transportation projects which a county or municipality may be authorized by law to undertake.
b. The commissioner shall, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate at his discretion State aid to counties and municipalities for transportation projects, except that the amount to be appropriated for this program shall be seven percent of the total amount appropriated pursuant to subsection d. of this section. This State aid shall be set aside prior to any formula allocations provided for in subsections c., d., e., f., and g. of this section, and shall be known as the "Local Aid Infrastructure Fund." In the fiscal year commencing July 1, 2016, any amount appropriated to the Local Aid Infrastructure Fund above $7,500,000 shall be deposited into the State Transportation Infrastructure Bank Fund, established pursuant to section 34 of P.L.2016, c.56 (C.58:11B-10.4).
c. The commissioner shall, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law and pursuant to the provisions of subsections b. and d. of this section, allocate State aid to municipalities for public highways under their jurisdiction. The amount to be appropriated shall be allocated on the basis of the following distribution factor:
Pc Cm
DF = ____ + ____
Ps Sm
where, DF equals the distribution factor
Pc equals county population
Ps equals State population
Cm equals municipal road mileage within the county
Sm equals municipal road mileage within the State.
After the amount of aid has been allocated based on the above formula, the commissioner shall determine priority for the funding of municipal projects within each county, based upon criteria relating to volume of traffic, safety considerations, growth potential, readiness to obligate funds, and local taxing capacity. In addition to the above criteria used in determining priority of funding of municipal projects in each county, the commissioner shall consider whether a project is intended to remedy hazardous conditions as identified for the purposes of providing transportation pursuant to N.J.S.18A:39-1.2 for school pupils or to improve pedestrian safety.
For the purposes of this subsection, (1) "population" means the official population count as reported by the New Jersey Department of Labor and Workforce Development; and (2) "municipal road mileage" means that road mileage under the jurisdiction of municipalities, as determined by the department.
d. There shall be appropriated at least $175,000,000 for each fiscal year commencing July 1, 2006 through the fiscal year commencing July 1, 2015, and $400,000,000 for each fiscal year commencing July 1, 2016 and for each fiscal year thereafter, for the purposes provided herein and in subsections b., c., e., f., and g. of this section. (1) Of that appropriation, the commissioner shall allocate 37.5 percent of the total appropriation as State aid for municipalities pursuant to the provisions of subsection c. of this section, provided that $5,000,000 for each fiscal year commencing July 1, 2006 through the fiscal year commencing July 1, 2015, and $10,000,000 for each fiscal year commencing July 1, 2016 and for each fiscal year thereafter of the amount allocated as State aid for municipalities shall be set aside and sub-allocated as State aid to any municipality qualifying for aid pursuant to the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.). The commissioner shall allocate the aid to each municipality in the same proportion that the municipality receives aid under P.L.1978, c.14 (C.52:27D-178 et seq.). (2) The commissioner shall allocate 37.5 percent of the total appropriation pursuant to the provisions of subsection e. of this section for the Local County Aid Program. (3) The commissioner shall allocate seven percent of the total appropriation pursuant to the provisions of subsection b. of this section for the "Local Aid Infrastructure Fund." (4) The commissioner shall allocate seven percent of the appropriation pursuant to the provisions of subsection f. of this section for the "Local Freight Impact Fund." (5) The remaining 11 percent of the appropriation shall be allocated pursuant to the provisions of subsection g. of this section for the "Local Bridges Fund."
The amount of funds allocated as State aid for counties and municipalities, pursuant to paragraphs (3), (4), and (5) of subsection b. of section 8 of P.L.1987, c.460 (C.27:1B-21.1), shall be in addition to the amount of any appropriation required pursuant to this subsection and shall not be subject to any formula allocation provided for in this subsection, and which amounts shall be allocated as follows:
Of the amounts allocated pursuant to paragraph (3) of subsection b. of section 8 of P.L.1987, c.460 (C.27:1B-21.1) for State Fiscal Year 2027, $15,000,000 shall be allocated as State aid to counties for transportation projects pursuant to subsection e. of this section, and $15,000,000 shall be allocated as State aid to municipalities for transportation projects pursuant to subsection c. of this section;
Of the amounts allocated pursuant to paragraph (4) of subsection b. of section 8 of P.L.1987, c.460 (C.27:1B-21.1) for State Fiscal Year 2028, $30,500,000 shall be allocated as State aid to counties for transportation projects pursuant to subsection e. of this section, and $30,500,000 shall be allocated as State aid to municipalities for transportation projects pursuant to subsection c. of this section; and
Of the amounts allocated pursuant to paragraph (5) of subsection b. of section 8 of P.L.1987, c.460 (C.27:1B-21.1) for State Fiscal Year 2029, $46,250,000 shall be allocated as State aid to counties for transportation projects pursuant to subsection e. of this section, and $46,250,000 shall be allocated as State aid to municipalities for transportation projects pursuant to subsection c. of this section.
e. The commissioner may, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate additional funding to the Local County Aid Program for public highway projects, in accordance with a formula similar to that provided for in subsection c. of this section, except that Cm equals road mileage under county jurisdiction and Sm equals total county road mileage within the State.
f. The commissioner shall, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate at the commissioner's discretion, State aid to counties and municipalities for transportation projects that address the impacts of freight travel in local communities and on local transportation infrastructure, except that the amount to be appropriated for this program shall be seven percent of the total amount appropriated pursuant to subsection d. of this section. This State aid shall be set aside prior to any formula allocations provided for in subsections c., d., e., and g. of this section, and shall be known as the "Local Freight Impact Fund."
g. The commissioner shall, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate at the commissioner's discretion, State aid to counties and municipalities for transportation projects that address the condition of bridges under the jurisdiction of counties with an emphasis on repair and reconstruction of those with the greatest structural deficiencies, except that the amount to be appropriated for this program shall be 11 percent of the total amount appropriated pursuant to subsection d. of this section. This State aid shall be set aside prior to any formula allocations provided for in subsections c., d., e., and f. of this section, and shall be known as the "Local Bridges Fund."
h. In addition to any amounts appropriated pursuant to subsection d. of this section, the commissioner shall, pursuant to appropriations or authorizations being made from time to time by the Legislature according to law, allocate at the commissioner's discretion, State aid to counties and municipalities to support the completion of farm roadway improvement projects pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). This State aid shall be set aside prior to any formula allocations provided for in subsections c., d., e., f., and g. of this section and shall be known as the "Local Farm Roadway
Improvement Fund."
(cf: P.L.2024, c.7, s.6)
3. (New section) The Department of Transportation shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. This act shall take effect immediately.
STATEMENT
This bill provides that a county or municipality may apply to the Department of Transportation (DOT) for financial assistance to support the costs of any transportation project that qualifies as a farm roadway improvement. The bill also amends existing law to establish the "Local Farm Roadway Improvement Fund" (fund) and authorizes the DOT to offer financial assistance to approved applicants of a farm roadway improvement project in the form of grants or loans using monies from the fund.
Under the bill, a farm roadway improvement includes a transportation project that is: (1) designed to relieve traffic congestion in a community with farms, including, but not limited to, the expansion of a roadway's shoulder or the creation of an area for slow moving vehicles to pull over when traffic traveling in the same direction approaches; and (2) located on a portion of roadway that is used frequently by slow moving vehicles, which vehicles unduly disrupt the normal flow of traffic. The DOT is required to determine the requirements for frequency of use by slow moving vehicles.
