N.J. Stat. tit. 27, ch. 1A

N.J. Stat. tit. 27, ch. 1A
in effect

N.J. Stat. § 27:1A-1 Short title

This act shall be known and may be cited as the "Transportation Act of 1966." It shall be the purpose and intent of this act to establish the means whereby the full resources of the State can be used and applied in a coordinated and integrated matter to solve or assist in the solution of the problems of all modes of transportation; to promote an efficient, fully integrated and balanced transportation system for the State; to prepare and implement comprehensive plans and programs for all modes of transportation development in the State; and to coordinate the transportation activities of State agencies, State-created public authorities, and other public agencies with transportation responsibilities within the State. L.1966, c. 301, s. 1. Amended by L.1972, c. 164, s. 1.

N.J. Stat. § 27:1A-2 Establishment of department

There is hereby established in the Executive Branch of the State Government a principal department which shall be known as the Department of Transportation. As used in this act, unless the context clearly indicates otherwise, the word "department" means the Department of Transportation established herein. L.1966, c. 301, s. 2.

N.J. Stat. § 27:1A-2.1 "David J. Goldberg Transportation Building" designated

2. The main office building of the Department of Transportation in the township of Ewing in the county of Mercer is designated as the "David J. Goldberg Transportation Building." L.2002,c.66, s.2.

N.J. Stat. § 27:1A-3 Transfer of functions, powers and duties from existing departments

All of the functions, powers and duties of the existing State Highway Department and the State Highway Commissioner, of the existing Division of Railroad Transportation, and of the existing Department of Conservation and Economic Development and its commissioner deriving from Title 6, Aviation, of the Revised Statutes as amended and supplemented, are hereby transferred to and vested in the Department of Transportation established hereunder. L.1966, c. 301, s. 3.

N.J. Stat. § 27:1A-3.1 Definitions; Department of Transportation to establish, administer system for adjudicating, enforcing collection of motor vehicle tolls, include provisions for notice, hearing, appeal, suspension of motor vehicle registrations.

4. a. As used in P.L.2023, c.339 (C.27:1A-3.1 et al.): "Chief administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission. "Commission" means the New Jersey Motor Vehicle Commission. "Commissioner" means the Commissioner of Transportation. "Department" means the Department of Transportation. "New Jersey tolling entity" shall include the New Jersey Turnpike Authority, established pursuant to section 3 of P.L.1948, c.454 (C.27:23-3), the South Jersey Transportation Authority, established pursuant to section 4 of P.L.1991, c.252 (C.27:25A-4), any county commission, established pursuant to R.S.27:19-36, or any interstate tolling entity with which New Jersey is a member of the enabling compact and has entered into a reciprocity agreement with the department for the purposes of toll enforcement that authorizes the department to suspend or deny motor vehicle registration privileges for toll violators in accordance with the provisions of P.L.2023, c.339 (C.27:1A-3.1 et al.). b. Notwithstanding the provisions of any other law, the department may establish and administer a system of adjudicating and enforcing the collection of motor vehicle tolls imposed by each New Jersey tolling entity that shall include provisions for notice, an opportunity to be heard and appeal, and the suspension of motor vehicle registrations. c. Upon receipt by the department of notification from a New Jersey tolling entity, the department may direct the commission to suspend the motor vehicle registration of the owner of a motor vehicle that has accumulated: unpaid tolls and fees collectively totaling $500 or more over the past three years; or six or more unpaid toll violations, with at least one violation having occurred after the effective date of P.L.2023, c.339 (C.27:1A-3.1 et al.). Upon notification from a New Jersey tolling entity that a motor vehicle registration meets the threshold for suspension, the department may direct the suspension even if the unpaid tolls and fees are thereafter reduced below $500 by a partial satisfaction of the outstanding toll amounts. The suspension shall remain in effect until the department is satisfied that the entirety of all outstanding tolls and fees are paid, dismissed, reversed on appeal or stayed, or that the violator has entered into a payment agreement with the department, provided, however, that the motor vehicle registration may be suspended subsequent to entering into a payment agreement for noncompliance with the repayment agreement. d. Prior to directing the suspension of a motor vehicle registration, the department shall provide the registered owner with written notice, by first class mail to the address of the owner, of the department's intent to seek suspension of the motor vehicle registration and shall afford the owner the opportunity to be heard by the department and appeal protections in a manner sufficient to address whether the suspension is based on a false, mistaken, or unjustified claim. If the registered owner fails to dispute or satisfy such unpaid tolls, fees, and costs or if, after being given the opportunity to be heard by the department, the owner has not demonstrated that the claim is false, mistaken, or unjustified, the department shall issue a final agency decision and direct suspension of the owner's motor vehicle registration. Upon receipt of the department's direction to suspend a registration and a copy of the final decision issued by the department, the commission shall issue an order denying or suspending the registration as provided in this section. The order denying or suspending the registration shall be sent by regular mail to the registered owner's address of record with the commission. Notwithstanding any other law to the contrary, the registered owner shall not have the right to a hearing before the commission after the department has issued a final agency decision and directed the suspension of the registered owner's registration. e. The department may direct the commission to suspend the registration of a motor vehicle upon receiving notification from an out-of-state tolling entity, interstate tolling entity, or another state of unpaid toll violations, pursuant to the terms and conditions of a reciprocity agreement entered into between the department and the out-of-state tolling entity, interstate tolling entity, or other state. f. The department may enter into reciprocal agreements with out-of-state tolling entities, interstate tolling entities, or other states to implement a system of unpaid toll collections and enforcement, providing for the suspension of New Jersey motor vehicle registrations for the non-payment of tolls and fees assessed by an out-of-state or interstate tolling entity or another state and the allocation of administrative expenses. The reciprocal agreement shall include provisions confirming the following: (1) The out-of-state tolling entity, interstate tolling entity, or other state has its own reciprocal procedures for collecting tolls and fees due to New Jersey tolling entities by employing sanctions that include denial of a person's ability to obtain a registration certificate for a motor vehicle; (2) The penalties, exclusive of tolls, claimed by the out-of-state tolling entity, interstate tolling entity, or other state against the owner of a motor vehicle registered in this State does not exceed $100 for the first violation or $600 for each subsequent violation; (3) The out-of-state tolling entity, interstate tolling entity, or other state provides the opportunity to be heard and appeal protections to address whether a claim pursued against an owner of a motor vehicle registered in this State is false, mistaken, or unjustified; (4) An owner of a motor vehicle registered in this State may present evidence to the out-of-state tolling entity, interstate tolling entity, or other state by mail, telephone, or electronic means or in-person when being given the opportunity to be heard by the department, without having to appear personally in the jurisdiction where the violation is alleged to have occurred; and (5) The parties to the reciprocity agreement each may charge the other party a fee sufficient for each party to recoup the costs of collection services, including costs incurred by the department or the agency that registers motor vehicles in the other state. g. In any proceeding authorized by this section, documents obtained from a New Jersey tolling entity, the commission, the out-of-state tolling entity, the interstate tolling entity, or another state, or their agents, shall be admissible into evidence to support the unpaid toll violations and shall constitute documents of the department. The department's certification that it has obtained documents and information from a New Jersey tolling entity, the commission, the out-of-state tolling entity, the interstate tolling entity, or another state shall be prima facie proof of the facts contained in the documents. h. Notwithstanding any of the provisions of this section to the contrary, no suspension may be imposed more than three years after the violation is committed. i. The department, in consultation with the New Jersey tolling entities, shall establish an amnesty program that permits the reduction of 25 percent of unpaid tolls of $500 or more if all outstanding tolls are otherwise paid in their entirety. The amnesty program shall be open to all violators with cumulative unpaid tolls of $500 or more incurred prior to the effective date of P.L.2023, c.339 (C.27:1A-3.1 et al.), except that the amnesty program shall end 180 days after the effective date of P.L.2023, c.339 (C.27:1A-3.1 et al.). j. The department may supplement the authority bestowed upon it under this section with any other existing statutory or administrative authority conferred on the department, the commission, and the New Jersey tolling entities, and these agencies shall have the power to enter into interagency agreements to implement the provisions of P.L.2023, c.339 (C.27:1A-3.1 et al.). k. Any tolls and fees collected shall be paid directly to the relevant New Jersey tolling entity, out-of-state tolling entity, interstate tolling entity, or other state, and no tolls and fees collected by the department, as an agent of the New Jersey tolling entities, pursuant to this section, or as an agent of the out-of-state tolling entity, interstate tolling entity, or other state, pursuant to a reciprocity agreement, shall be remitted to the General Fund. Nothing contained herein shall be construed to limit the ability of a New Jersey tolling entity to recoup unpaid tolls, fees, and costs by any means available under civil or criminal judicial process, or through debt collection activities, or any other available statutory, regulatory, or civil mechanisms. Notwithstanding any of the provisions of this section to contrary, the department may negotiate interagency agreements with each New Jersey tolling entity and may include provisions in reciprocity agreements with out-of-state tolling entities, interstate tolling entities, or other states to fund the administrative expenses of the department in enforcing collection of tolls and fees under P.L.2023, c.339 (C.27:1A-3.1 et al.). The department may establish minimum fees related to the administration of P.L.2023, c.339 (C.27:1A-3.1 et al.), which may be increased at the discretion of the department and shall include: (1) A filing fee to appeal the unpaid tolls and fees that form the basis of the notice of pending registration suspension; and (2) A filing fee to appeal any suspension decision or order of the department. l. The department, each New Jersey tolling entity, and the commission, working cooperatively under the direction and coordination of the department, may, after providing 30 days' notice for the purpose of receiving public comment, to adopt, via an administrative order entered by the commissioner, the New Jersey tolling entity, or the chief administrator, respectively, administrative regulations providing standards and procedures implementing this act notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The administrative orders shall be effective for up to 18 months from the effective date of P.L.2023, c.339 (C.27:1A-3.1 et al.), unless the department, the New Jersey tolling entities, or the commission, respectively, adopt regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), prior to that date. L.2023, c.339, s.4.

N.J. Stat. § 27:1A-4 Commissioner; appointment; term; salary

The administrator and head of the department shall be a commissioner, who shall be known as the Commissioner of Transportation, and who shall be a person qualified by training and experience to perform the duties of his office. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the commissioner's successor. The commissioner shall receive such salary as shall be provided by law. The person in office as the Commissioner of Transportation on the effective date of this act shall hold the office of Commissioner of Transportation until his successor is appointed and has qualified. L.1966, c. 301, s. 4. Amended by L.1972, c. 164, s. 2.

N.J. Stat. § 27:1A-5 Additional functions, powers, duties of commissioner.

5. The commissioner, as head of the department, shall have all of the functions, powers and duties heretofore vested in the State Highway Commissioner and shall, in addition to the functions, powers and duties vested in him by this act or by any other law: (a) Develop and maintain a comprehensive master plan for all modes of transportation development, with special emphasis on public transportation. Such plan shall be revised and updated at least every five years; (b) Develop and promote programs to foster efficient and economical transportation services in the State; (c) Prepare plans for the preservation, improvement and expansion of the public transportation system, with special emphasis on the coordination of transit modes and the use of rail rights of way, highways and public streets for public transportation purposes; (d) Enter into contracts with the New Jersey Transit Corporation for the provision and improvement of public transportation services; (e) Coordinate the transportation activities of the department with those of other public agencies and authorities; (f) Cooperate with interstate commissions and authorities, State departments, councils, commissions and other State agencies, with appropriate federal agencies, and with interested private individuals and organizations in the coordination of plans and policies for the development of air commerce and air facilities; (g) Make an annual report to the Governor and the Legislature on the department's operations, and render such other reports as the Governor shall from time to time request or as may be required by law; (h) Promulgate regulations providing for the charging of and setting the amount of fees for certain services performed by and permits issued by the department, including but not limited to the following: (1) Providing copies of documents prepared by or in the custody of the department; (2) Aeronautics permits; (3) Right-of-way permits; (4) Traffic signal control systems; (i) Develop and promote programs for the preservation, improvement and expansion of freight railroads, with special emphasis on the use of rail rights of way for the purpose of providing rail freight service; (j) Develop and promote a program to ensure the safety and continued operation of aviation facilities in New Jersey; (k) Enter into agreements with a public or private entity or consortia thereof to provide for the development of demonstration projects through the use of public-private partnerships pursuant to sections 1 through 9 of P.L.1997, c.136 (C.27:1D-1 through C.27:1D-9); (l) Do any and all things necessary, convenient or desirable to effectuate the purposes of P.L.1966, c.301 (C.27:1A-1 et seq.) and to exercise the powers given and granted in that act; (m) Enter into agreements or contracts with a private entity and charge and collect fees or other payments for the placement of sponsorship acknowledgment and advertising on signs, equipment, materials, and vehicles used for a safety service patrol or emergency service patrol program operated by the department, or operated by a private entity under contract with the department or through the use of a public-private partnership or demonstration project; and (n) Acquire by eminent domain, pursuant to the eminent domain law and R.S.27:7-22, any property, property rights, or property interests, including easements, air rights, below-grade and subsurface rights, hereinafter referred to as "Property Interests," including rights on property now or previously designated as parkland or dedicated to a public use, provided that such Property Interests are located in the State and, in the judgment of the commissioner, are necessary or appropriate for the construction, reconstruction, development, redevelopment, use, occupancy, operation, and maintenance of passenger rail transportation facilities and ancillary facilities between New Jersey and New York Penn Station, in a corridor beginning at or near Newark Penn Station and ending at the boundary of the State of New Jersey in the Hudson River. Property Interests may be acquired pursuant to this subsection notwithstanding any requirement in R.S.27:7-36 or any other provision of law, general, special, charter, or local, and regardless of whether the Property Interests are or were dedicated to public use. All of such Property Interests may be acquired by the commissioner pursuant to applicable provisions of the eminent domain law and R.S.27:7-22, provided that any acquisition of Property Interests pursuant to this subsection shall be contingent on the commissioner entering into an agreement addressing such acquisition with the Gateway Development Commission, approved in accordance with that entity's authorizing statute, and the Gateway Development Commission shall agree to pay the costs incurred by the commissioner in acquiring such Property Interests pursuant to the eminent domain law. Notwithstanding any other provision of law, general, special, charter, or local, following acquisition, the commissioner may use such property together with property already owned or held, to: enter into contracts to sell, transfer, lease, or exchange with, or grant easements, licenses, permits, concessions, or other authorizations to, the Gateway Development Commission sufficient to permit the construction, reconstruction, development, redevelopment, use, occupancy, operation, and maintenance by the Gateway Development Commission or its permittees and successors, of the aforementioned passenger rail facilities and ancillary facilities. Authorization is hereby given to the commissioner to do all things necessary or appropriate to carry out the purposes of this subsection. amended 1967, c.71, s.1; 1971, c.345; 1972, c.164, s.3; 1979, c.150, s.24; 1979, c.164; 1979, c.388, s.7; 1983, c.264, s.8; 1986, c.56, s.1; 1997, c.136, s.10; 2011, c.133, s.1; 2019, c.195, s.27.

N.J. Stat. § 27:1A-5.1 Rail freight authority

2. The commissioner, pursuant to subsection (i) of section 5 of P.L.1966, c.301 (C.27:1A-5), may: a. Plan, design, construct, equip, operate, improve and maintain, either directly or by contract with any public or private entity, a railroad, subway, street traction or electric railway, or connecting roadways and facilities for the purpose of carrying freight in this State or between this State and points in other states; b. Acquire by purchase, condemnation, lease, gift or otherwise, on terms and conditions and in the manner he deems proper, any land or property, real or personal, tangible or intangible, which he may determine is reasonably necessary for the purposes of this section; c. Lease as lessor, sell or otherwise dispose of, on terms and conditions which he may prescribe as appropriate, real and personal property, including tangible or intangible property and consumable goods; or any interest therein, to any public or private entity in the exercise of his powers and the performance of his duties under this section, and may, in order to provide or encourage adequate and efficient rail freight service, lease or otherwise permit the use or occupancy of property without cost or at a nominal rental; d. Upon declaration by him that there are no other prospects for competitive bidding, make, negotiate or award any purchase, contract or agreement pursuant to this section without advertisement. L.1986,c.56,s.2; amended 1997,c.136,s.11.

N.J. Stat. § 27:1A-5.2 Indemnification of public contractors

The Commissioner of Transportation, in consultation with the Attorney General, may agree to defend and indemnify any person who, pursuant to a written contract with the Department of Transportation, constructs public works or improvements or provides services to the department for claims, causes of action, demands, costs or judgments against that person arising as a direct result of the contamination of the environment by hazardous substances if the contamination is a direct result of the construction or services. The commissioner shall not agree to indemnify a person unless the commissioner determines that adequate environmental liability insurance is either unavailable to that person in connection with a particular contract or that the cost therefor is prohibitive. The commissioner is authorized to enter into an agreement to defend and indemnify a person upon the terms and limitations the commissioner deems reasonable and appropriate. The commissioner shall not enter into an agreement after January 1, 1990 to provide legal defense and indemnification to any person pursuant to this section. The commissioner shall not agree to defend or indemnify any person for acts which arise from gross negligence, willful misconduct, fraud, intentional tort, bad faith or criminal wrongdoing or for claims for punitive or exemplary damages. An agreement to defend and indemnify pursuant to this section does not bar, reduce, limit or affect any remedies which the department may have to enforce its contract or to assert a claim for damages to which the department may be entitled arising out of the person's failure to perform the contract, or for the recovery of funds expended for the defense of a person if the defense was undertaken in response to a claim or cause of action brought against the person which is proven to have arisen from gross negligence, willful misconduct, fraud, intentional tort, bad faith, or criminal misconduct. No one other than the person performing construction or services pursuant to a written contract with the department has the right to enforce any agreement for defense or indemnification between that person and the commissioner. For purposes of this section, the term "person" means public or private corporations, companies, associations, societies, firms, partnerships, joint stock companies, individuals, public authorities, the United States, the State of New Jersey and any of its political subdivisions or agents. The term "services" means work performed by design or other expert consultants and work or technical functions performed by nonexperts on projects for public works, building or improvements, including work preliminary to construction under a contract and work which results in or from a contract modification. The term "hazardous substances" shall have the same meaning as provided in section 3 of P.L. 1976, c. 141 (C. 58:10-23.11b). L. 1986, c. 81, s. 1; amended 1987,c.417,s.1.

N.J. Stat. § 27:1A-5.3 Time limitation

Notwithstanding the time limitation established by section 1 of this act, the commissioner may defend and indemnify any person covered by an agreement which was made by him on or before January 1, 1990. L. 1986, c. 81, s. 2; amended 1987,c.417,s.2.

N.J. Stat. § 27:1A-5.4 Rules, regulations

The Commissioner of Transportation may adopt rules and regulations to effectuate the purposes of this act. L. 1986, c. 81, s. 3.

N.J. Stat. § 27:1A-5.5 Transportation Department responsibility

The Commissioner of Transportation shall: a. receive, preserve and make available to engineers, surveyors and others all records relating to bench marks, plane coordinate monuments and triangulation stations provided for by R.S. 51:3-7 to R.S. 51:3-10, inclusive; b. inspect periodically all these marks, monuments and stations, replacing any which may have been destroyed or establishing new ones in lieu thereof; and c. erect new marks, monuments and stations wherever he considers it to be in the public interest to do so. The commissioner shall establish a schedule of fees to be charged for supplying copies of maps, diagrams and reports and for providing elevations of bench marks, positions of plane coordinate monuments or other geodetic data. L. 1986, c. 118, s. 1, eff. Oct. 8, 1986.

N.J. Stat. § 27:1A-5.6 Department authorized to acquire lands, improvements for airport purposes

43. a. Notwithstanding any other provision of law to the contrary, the Department of Transportation and the commissioner thereof are authorized to acquire lands and improvements for airport purposes, in Egg Harbor, Hamilton and Galloway Townships, county of Atlantic, and to convey the same to the South Jersey Transportation Authority for a nominal or other consideration and under other terms and conditions as the commissioner deems appropriate. b. The department and the commissioner thereof are authorized to expend funds specifically appropriated by P.L.1991, c.185 from the revenues and other funds of the Transportation Trust Fund Authority for the acquisition authorized under subsection a. of this section and also for the planning, engineering, construction, reconstruction, repair and rehabilitation of the transportation project known as the Atlantic City International Airport and related facilities and activities, or a portion thereof, as authorized by section 24 of this act. L.1991,c.252,s.43.

N.J. Stat. § 27:1A-5.7 Findings, determinations

1. The Legislature finds and determines that: a. The development of a comprehensive transportation system to serve the needs of the residents of the cities of this State is essential to promoting and maintaining employment opportunities and continued economic development of the cities. b. Increasingly large numbers of inner city residents are travelling from the cities where entry-level jobs are scarce to the suburbs where these jobs are plentiful on a transportation system organized for the benefit of suburban commuters travelling to work in the cities rather than for the needs of the "reverse commuters" who travel from areas of high unemployment in the cities to suburban areas where there is a shortage of labor. c. Many professionals and business people living in suburban areas could be attracted back to the cities as part of an urban renaissance in the State if transportation facilities were improved to better serve the needs of the residents of the cities. d. Stimulating the development of more balanced transportation systems for the purposes described is in the public interest and should be encouraged to aid in preserving and enhancing the economic well-being of the cities of this State. e. Immediate research and planning is necessary by public transportation officials in the State in order to formulate recommendations for action to assist the State's "reverse commuters" and to insure the continued economic vitality of the cities. L.1991,c.481,s.1.

N.J. Stat. § 27:1A-5.8 Urban transportation supplement to the State Transportation Plan

2. The Department of Transportation shall in conjunction with the New Jersey Transit Corporation prepare, or cause to be prepared, an urban transportation supplement to the State Transportation Plan. The supplement shall address the current and projected transportation needs of the Atlantic City, Camden, Elizabeth, Jersey City, Newark, Paterson and Trenton urban areas and shall make recommendations for meeting these needs with particular emphasis on the transportation problems of the State's inner city residents who are employed by or who are seeking employment with employers located in suburban areas of the State. L.1991,c.481,s.2.

N.J. Stat. § 27:1A-5.9 Transportation needs and recommendations

3. The urban transportation supplement to the State Transportation Plan shall include descriptions of the current and projected transportation needs and the plans and recommendations for meeting those needs in the urban areas designated in section 2 of this act. This shall include the nature and extent of public highways, public transportation services and transportation projects which the department recommends for consideration by the Legislature in meeting the needs and projected needs of the designated urban areas and addressing the transportation problems faced by the inner city residents commuting to suburban areas for the purposes of employment. L.1991,c.481,s.3.

N.J. Stat. § 27:1A-5.10 Consultation with other agencies

4. The Department of Transportation shall consult with the Department of Labor, the Office of State Planning, the New Jersey Commission on Capital Budgeting and Planning and any other federal, State, regional or local agency having an interest in the preparation of the urban transportation supplement to the State Transportation Plan. L.1991,c.481,s.4.

N.J. Stat. § 27:1A-5.11 Supplement as added to other plans and law requirements

5. The urban transportation supplement to the State Transportation Plan required by this act shall be in addition to the requirements for a master plan imposed by section 22 of P.L.1984, c.73 (C.27:1B-22) and section 5 of P.L.1966, c.301 (C.27:1A-5). The urban transportation supplement to the State Transportation Plan shall also be considered as separate and apart from those transportation plans already required to be prepared by existing metropolitan planning organizations. L.1991,c.481,s.5.

N.J. Stat. § 27:1A-5.12 Completion of supplement, updates

6. The urban transportation supplement to the State Transportation Plan shall be completed within 12 months of the effective date of this act and submitted to New Jersey Commission on Capital Budgeting and Planning, the Chairman of the Senate Transportation and Public Utilities Committee and the Chairman of the Assembly Transportation Committee. The supplement shall relate to the overall State Transportation Plan. The transportation problems of the urban areas shall be addressed in each urban area and in relation to the State transportation system. The supplement shall be updated by the Department of Transportation as a supplement to each five-year State Transportation Plan. L.1991,c.481,s.6.

N.J. Stat. § 27:1A-5.13 Powers of commissioner concerning park-and-ride facilities

1. The Commissioner of Transportation may, pursuant to subsection (b) of section 5 of P.L.1966, c.301 (C.27:1A-5): a. Acquire by purchase, condemnation, lease, gift or otherwise, on terms and conditions and in the manner the commissioner deems proper, any land or property, real or personal, tangible or intangible, for the purpose of establishing a park-and-ride lot or facility; b. Plan, design, construct, equip, operate, improve or maintain, either directly or by contract with any public or private entity, a park-and-ride lot or facility; c. Approve a park-and-ride lot or facility for use in whole or in part for public park-and-ride purposes, provided that there is a written agreement between the commissioner and the owner of the lot or facility in which the owner agrees to the use of the lot or facility for public park-and-ride purposes. Nothing in this section may be construed as affecting the power or authority of any public or private entity to establish a park-and-ride lot or facility without the approval of the commissioner to the extent otherwise provided or permitted by law. L.1993,c.231,s.1.

N.J. Stat. § 27:1A-5.14 Defense, indemnification of owner, operator

2. The Commissioner of Transportation, or the commissioner's designee, may agree to defend and indemnify any person, who, pursuant to a written agreement with the commissioner entered into pursuant to subsection c. of section 1 of this amendatory and supplementary act, owns, operates, or maintains an approved park-and-ride lot or facility, against claims, causes of action, demands, costs or judgments against that person arising as a direct result of the operation, ownership or maintenance of that approved park-and-ride lot or facility. The commissioner is authorized to reach an agreement to defend and indemnify a person upon the terms and limitations the commissioner deems reasonable and appropriate. An agreement to defend and indemnify pursuant to this section does not bar, reduce, limit or affect any remedies which the commissioner may have to enforce the commissioner's agreement or to assert a claim for damages to which the commissioner may be entitled arising out of the person's failure to perform the agreement, or for the recovery of funds expended for the defense of a person if the defense was undertaken in response to a claim or cause of action brought against the person which is proven to have arisen from gross negligence, willful misconduct, fraud, intentional tort, bad faith, or criminal conduct. No one other than the person owning, operating, or maintaining the approved park-and-ride lot or facility pursuant to an agreement with the commissioner has the right to enforce any agreement for defense or indemnification between that person and the commissioner. L.1993,c.231,s.2.

N.J. Stat. § 27:1A-5.15 Inventory of certain State-owned properties, preparation

1. The Department of Transportation shall annually prepare, and submit to the Governor and the Legislature, an inventory of the properties owned by the State of New Jersey and held for transportation projects which are not under construction. The inventory shall include the location and size of the property, the date and cost of acquisition, the purpose for which the land was acquired and the reasons why the property has not been used for that purpose. L.1997,c.4,s.1.

N.J. Stat. § 27:1A-5.16 Blue Star Memorial Highway Council.

1. a. The Legislature finds that the Blue Star Memorial Highway Council was created by Joint Resolution No. 13, approved October 6, 1948, to plan for and advise the State Highway Department, now the Department of Transportation, concerning the development of the landscaping, arboreal ornamentation, and incidental facilities of the Blue Star Memorial Highway system. The New Jersey Department of Transportation, in cooperation with the Garden Club of New Jersey, landscapes, plants, and maintains the roadsides of Blue Star Memorial Highways. These highways serve as living memorials in tribute to the men and women of New Jersey who have served in the armed forces. Therefore, the Legislature declares that the time has come to incorporate the council within the permanent statutes, update the membership of the Council to reflect current State department designations, and include an officer or employee of the Department of Military and Veterans' Affairs as a member of the council in place of an officer and employee of the Department of Health. b. There is hereby established in the Department of Transportation a Blue Star Memorial Highway Council that shall consist of seven members, each of whom shall be appointed by the Governor. One of the members shall be designated by the Governor from the officers and employees of the Department of Transportation, one from among the officers and employees of the Department of Environmental Protection, and one from among the officers and employees of the Department of Military and Veterans' Affairs, each of whom shall serve at the pleasure of the Governor. The remaining four members of the council shall be appointed by the Governor from among the persons recommended to the Governor for appointment to the council by the Garden Club of New Jersey, each of whom shall serve for a period of four years and until his or her successor is appointed and has qualified, and each of whom shall be eligible for reappointment to membership of the council. c. The Blue Star Memorial Highway Council shall plan for and advise the Department of Transportation concerning the development of the landscaping, arboreal ornamentation, and incidental facilities of the Blue Star Memorial Highway system. L.1999,c.120,s.1.

N.J. Stat. § 27:1A-5.17 Tolls not imposed on portions of Route 42 under jurisdiction of South Jersey Transportation Authority

1. Notwithstanding any other provision of law, rule or regulation to the contrary, whenever the department transfers jurisdiction of State Highway Route No. 42, or a portion thereof, to the South Jersey Transportation Authority, the department shall provide that after the transfer of such highway, or portion thereof, the highway shall remain forever free of tolls or other charges. The department shall cause a statement containing the conditions of the transfer, including a prohibition of the imposition of tolls or other charges for use of the highway, to be attached to and recorded with the deed of the land. These restrictions and conditions shall run with the land and shall be binding upon the landowner and every successor in interest thereto. L.1999,c.261,s.1.

N.J. Stat. § 27:1A-5.18 Property of Department of Transportation, storage, handling of radioactive-contaminated material prohibited; exceptions.

1. a. Notwithstanding the provision of any law, rule or regulation to the contrary, the Commissioner of Transportation shall not permit any property of the Department of Transportation to be used for the storage or handling of radioactive-contaminated material. b. Nothing in this act shall be construed as prohibiting the department from engaging in any activity on department property for which there is appropriate regulatory oversight. L.2000,c.7,s.1.

N.J. Stat. § 27:1A-5.19 Report of motor vehicle accidents involving cellular telephone use.

1. The Commissioner of Transportation shall annually compile and make available to the public information submitted to the Division of Motor Vehicles, pursuant to R.S.39:4-131, concerning cellular telephones in motor vehicles involved in traffic accidents. The report shall note whether the operator of the motor vehicle was using a cellular telephone when the accident occurred. L.2001,c.161,s.1.

N.J. Stat. § 27:1A-5.20 Legal commuter transportation services; public awareness campaign established.

1. a. The Commissioner of Transportation shall establish a public awareness campaign to inform the general public about legal commuter transportation services and to improve public awareness of safe, reliable transportation alternatives available to the residents of New Jersey. The commissioner shall work in conjunction with the Transportation Management Association Council of New Jersey as practical. The campaign shall include, but not be limited to, the dissemination of information relating to the provision of legal commuter transportation services, alternative transportation services available throughout the State, the importance of public safety on roads and highways, and resources for the general public to obtain more information on commuter transportation services. b. The commissioner shall, at a minimum: (1) provide for the development of printed educational materials and public service announcements in English and Spanish; and (2) prepare information for distribution to the public, through a variety of entities, including, but not limited to, local transportation management associations, places of business, libraries, community centers, other community-based outreach programs and organizations, and the Department of Transportation's official website. L.2007,c.12,s.1.

N.J. Stat. § 27:1A-5.21 Evaluation of campaign; report to Legislature.

2. The Commissioner of Transportation shall evaluate the campaign established by this act and shall report to the Legislature and the Governor within 18 months of the date the campaign becomes operational as to the effectiveness of the campaign in providing information relating to legal commuter transportation services and in improving safety on the roads and public highways in this State, along with recommendations as to whether the campaign should be continued, modified or expanded. L.2007,c.12,s.2.

N.J. Stat. § 27:1A-5.22 Annual Transportation Capital Program, information posted on DOT website.

1. The Department of Transportation shall provide access to comprehensive information related to the Annual Transportation Capital Program on its website. The information available on the website shall, include, but not be limited to: the Annual Transportation Capital Program and Five-Year Capital Plan; the New Jersey Transportation Trust Fund Authority's financial plan; the Statewide Capital Investment Strategy; the State Transportation Improvement Program; New Jersey Transit Corporation's capital lease financing program; information on contractual payments made to the State or the New Jersey Transportation Trust Fund Authority by the New Jersey Turnpike Authority to fund the Annual Transportation Capital Program; information on contractual payments made to the State or the New Jersey Transportation Trust Fund Authority by the South Jersey Transportation Authority to fund the Annual Transportation Capital Program; information on Port Authority of New York and New Jersey reimbursement for projects in the Annual Transportation Capital Program; information on annual federal reimbursements related to the current and prior year Transportation Capital Program; the use of monies from the General Fund for the New Jersey Transportation Trust Fund as projected in the Annual Transportation Capital Program; the Financial Policy Review Board's State of the Condition of Transportation Financing certification and any corrective action plans related thereto; and any other information that the commissioner deems relevant to providing transparency with regard to the Annual Transportation Capital Program and the financing thereof. Information available on the Department's website related to the Annual Transportation Capital Program shall be updated on a regular basis as may be appropriate, but all information shall be reviewed and updated at least annually. L.2013, c.252, s.1.

N.J. Stat. § 27:1A-6 Organization of department; delegation of powers; absence, disability, death or resignation of commissioner

(a) The commissioner shall organize the department and establish therein such divisions as he may deem necessary and expedient. He may formulate and adopt rules and regulations and prescribe duties for the efficient conduct of the business, work and general administration of the department, its officers and employees. In addition, the commissioner may delegate to subordinate officers or employees in the department such of his powers as he may deem desirable, to be exercised under his supervision and direction. (b) The commissioner shall designate any officer or employee in the department to perform all of the powers, functions and duties of the commissioner during the absence or disability of the commissioner. Such designation shall be subject to the approval of the Governor, and shall be in writing and filed with the Secretary of State. In the event that the commissioner shall die, resign or be removed from his office or become disqualified to execute the duties of his office or a vacancy shall occur in the office of commissioner for any cause whatever, the person designated as aforesaid shall have and exercise the powers and perform the functions, powers and duties of the commissioner until the successor of the commissioner is appointed and shall qualify. L.1966, c. 301, s. 6.

N.J. Stat. § 27:1A-7 Grants; application and acceptance; expenditure

The commissioner may apply for and accept on behalf of the State any grants from the Federal Government or any agency thereof, or from any foundation, corporation, association or individual, and may comply with the terms, conditions and limitations thereof, for any of the purposes of the department. Any money so received may be expended by the department, subject to any limitations imposed in such grants to effect any of the purposes of the department, as the case may be, upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury on vouchers certified and approved by the commissioner. The power herein granted shall be in addition to and shall in no way limit the authority granted to the commissioner by chapter 8 of Title 27 or other existing law. L.1966, c. 301, s. 7.

N.J. Stat. § 27:1A-8 Assistant commissioners

(a) The commissioner shall be assisted in the performance of his duties by three assistant commissioners, an Assistant Commissioner for Transportation Services and Planning, an Assistant Commissioner for Engineering and Operations,ˆand an Assistant Commissioner for Finance and Administration. Each assistant commissioner shall be appointed by and shall serve at the pleasure of the commissioner and until his successor has been appointed and qualified. (b) The Assistant Commissioner for Transportation Services and Planning shall be a person qualified by training and experience relating to transportation planning and the development of policy in the various modes of transportation services in the State. (c) The Assistant Commissioner for Engineering and Operations shall be a professional engineer qualified by training and experience in the design, construction and maintenance of highways, bridges, and other transportation facilities. He shall also serve as the State Highway Engineer. (d) The Assistant Commissioner for Finance and Administration shall be a person qualified by training and experience relating to administration and financial control. (e) Each assistant commissioner shall receive such salary as may be established by the commissioner with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting, which salary shall be not in excess of comparable salaries established by P.L. 1969, c. 194 (C. 52:14-15.104). Amended 1972, c.164, s.4; 1984, c.162, s.1.

N.J. Stat. § 27:1A-10 Assistants to assistant commissioner for engineering and operations; state highway engineer; deputy; chief engineers; appointment; qualifications; salary

(a) The commissioner shall appoint as assistants to the Assistant Commissioner for Engineering and Operations--State Highway Engineer, a Deputy State Highway Engineer and two chief engineers: for design and for construction and maintenance, respectively. The Deputy State Highway Engineer and each chief engineer shall serve at the pleasure of the commissioner and until his successor has been appointed and qualified. (b) The qualifications for the Deputy State Highway Engineer and the chief engineers shall be the same as those prescribed for the Assistant Commissioner for Engineering and Operations State Highway Engineer. (c) The Deputy State Highway Engineer and the chief engineers shall receive such salary as established by the commissioner with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting, which salary shall be not in excess of comparable salaries established by P.L. 1969, c. 194 (C. 52:14-15.104). L.1966, c. 301, s. 10. Amended by L.1972, c. 164, s. 6; L.1984, c. 162, s. 2, eff. Oct. 10, 1984.

N.J. Stat. § 27:1A-11 Termination of employment of personnel holding office on effective date of act

The persons in office as State Highway Engineer, assistant State Highway Engineers, Director of Planning, and Director of Administration on the effective date of this amendatory act shall continue to hold their respective offices under the new titles established by this amendatory act until their respective successors are appointed and have qualified. L.1966, c. 301, s. 11. Amended by L.1972, c. 164, s. 7.

N.J. Stat. § 27:1A-12 Deputy commissioner; appointment; term of office; powers and duties; compensation

To assist the commissioner in the performance of his duties, the commissioner may appoint a deputy commissioner who shall also serve as executive director. The deputy commissioner shall serve at the pleasure of the commissioner and until his successor has been appointed and qualified and shall have such powers and duties as may be delegated to him by the commissioner from time to time. The deputy commissioner shall receive such salary as may be established by the commissioner with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting. L.1966, c. 301, s. 12. Amended by L.1972, c. 164, s. 8; L.1974, c. 43, s. 1, eff. June 21, 1974; L.1984, c. 162, s. 3, eff. Oct. 10, 1984.

N.J. Stat. § 27:1A-13 Director of planning and research and deputy executive director; appointment; qualifications; salary; assistants

(a) The commissioner shall be assisted in the performance of his duties relating to transportation planning and research by a Director of Planning and Research who shall be appointed by the commissioner and serve at his pleasure. The Director of Planning and Research shall be qualified by training and experience to perform the duties of his office, and shall receive such salary as may be established by the commissioner with the approval of the Director of the Division of Budget and Accounting subject to the availability of funds. (b) The commissioner may also appoint a deputy executive director to serve at his pleasure as assistant to the executive director in the performance of general administrative duties as may be assigned. The deputy executive director shall be a person qualified by training and actual experience in public administration to perform the duties of his office, and shall receive such salary as may be established by the commissioner with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting, subject to the availability of funds. (c) The commissioner shall be assisted in the performance of his duties relating to coordinating the various modes of transportation and maximizing resources for the movement of people and goods by a Director of Modal Transportation Services who shall be appointed by the commissioner and serve at his pleasure. The Director of Modal Transportation Services shall be qualified by training and experience to perform the duties of his office and shall receive such salary as may be established by the commissioner with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting, subject to the availability of funds. (d) The commissioner shall be assisted in the performance of his duties relating to the promotion and regulation of aeronautics by a Director of Aeronautics who shall be appointed by the commissioner and serve at his pleasure. The Director of Aeronautics shall be qualified by training and experience to perform the duties of his office and shall receive such salary as may be established by the commissioner with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting, subject to the availability of funds. (e) The commissioner shall be assisted in the performance of his duties relating to the regulatory responsibilities over rail, motor bus, and limousine operations by a Director of Regulatory Affairs who shall be appointed by the commissioner and serve at his pleasure. The Director of Regulatory Affairs shall be qualified by training and experience to perform the duties of his office and shall receive such salary as may be established by the commissioner with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting, subject to the availability of funds. (f) The commissioner shall be assisted in the performance of his duties relating to policy analysis and governmental affairs by a Director of Policy Analysis and Governmental Affairs who shall be appointed by the commissioner and serve at his pleasure. The Director of Policy Analysis and Governmental Affairs shall be qualified by training and experience to perform the duties of his office and shall receive such salary as may be established by the commissioner with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting, subject to the availability of funds. (g) The commissioner shall be assisted in the performance of his duties relating to the promotion, coordination, and development of waterborne transportation by a Director of Waterborne Transportation who shall be appointed by the commissioner and serve at his pleasure. The Director of Waterborne Transportation shall be qualified by training and experience to perform the duties of his office and shall receive such salary as may be established by the commissioner' with the approval of the President of the Civil Service Commission and the Director of the Division of Budget and Accounting, subject to the availability of funds. L.1966, c. 301, s. 13. Amended by L.1972, c. 164, s. 9; L.1984, c. 162, s. 4, eff. Oct. 10, 1984.

N.J. Stat. § 27:1A-14 Rights and protections of appointees holding positions in state classified service

In the event that the deputy commissioner, Assistant Commissioner for Transportation Services and Planning, the Assistant Commissioner for Engineering and Operations, the Assistant Commissioner for Finance and Administration, the Director of Transportation Planning and Research, the deputy executive director, the Director of Modal Transportation Services, the Director of Aeronautics, the Director of Regulatory Affairs, the Director of Policy Analysis and Governmental Affairs, the Director of Waterborne Transportation, the Deputy State Highway Engineer or the chief engineers are appointed from persons holding positions in the classified service of the State, they shall retain, during their tenure in such positions, any rights or protection provided them by Title 11, Civil Service, of the Revised Statutes or any pension law or retirement system. L.1966, c. 301, s. 14. Amended by L.1972, c. 164, s. 10; L.1984, c. 162, s. 5, eff. Oct. 10, 1984.

N.J. Stat. § 27:1A-28 Repealer

Chapter 88 of the laws of 1964 is hereby repealed. This repealer shall not in any way affect any contracts, agreements, determinations, order, rules or regulations heretofore made or promulgated, as the case may be, by the Highway Commissioner pursuant to any authority heretofore granted but such contracts, agreements, determinations, orders, rules and regulations shall continue with full force and effect until otherwise amended, repealed or terminated in accordance with the terms thereof or pursuant to the provisions of this act. In addition, an agreement between the Highway Commissioner and the Delaware River Port Authority dated January 11, 1965, pursuant to which the New Jersey Highway Department is required to make an annual financial contribution for the maintenance and operation of ferry service between Chester, Pennsylvania and Bridgeport, New Jersey, shall remain in effect until such time as the proposed bridge between these points is completed and operating. L.1966, c. 301, s. 28.

N.J. Stat. § 27:1A-33 Transfer of functions, powers and duties of existing authorities to department of transportation

The New Jersey Turnpike Authority, the New Jersey Expressway Authority and the New Jersey Highway Authority in the State Highway Department, together with all of their functions, powers and duties, are continued as bodies politic and corporate, with corporate succession, but such authorities are transferred to the Department of Transportation established hereunder. The persons in office as members of said authorities on the effective date of this act shall continue to hold their respective offices for the periods of their respective terms which remain unexpired on the effective date of this act and until their respective successors are appointed and have qualified. L.1966, c. 301, s. 33.

N.J. Stat. § 27:1A-34 Appropriations

All appropriations and other moneys available and to become available to any department, division, bureau or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Transportation, are hereby transferred to the Department of Transportation established hereunder, and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by State or Federal law. L.1966, c. 301, s. 34.

N.J. Stat. § 27:1A-35 Transfer of employees to department of transportation

Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Transportation or to any office, authority or agency designated, continued or constituted therein, as the Commissioner of Transportation may determine are needed for the proper performance of the functions and duties imposed upon the Department of Transportation, or such office, authority or agency therein, are hereby transferred to the department, office, authority or agency to which such functions, powers and duties have been herein assigned or transferred. L.1966, c. 301, s. 35.

N.J. Stat. § 27:1A-36 Tenure rights, rights or protection under pension law or retirement system

Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11, Civil Service, of the Revised Statutes, or under any pension law or retirement system. L.1966, c. 301, s. 36.

N.J. Stat. § 27:1A-37 Transfer of files, books, papers, etc., to department of transportation

All files, books, papers, records, equipment and other property of any department, commission, council, board, office, authority or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Transportation or to any office, authority or agency designated, continued or constituted hereunder, shall upon the effective date of this act be transferred to the department, office, authority or agency to which such assignment or transfer has been made hereunder. L.1966, c. 301, s. 37.

N.J. Stat. § 27:1A-38 Continuation of rules and regulations transferred to department of transportation

This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Transportation or to any officer, authority or agency designated, continued or constituted hereunder; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law. L.1966, c. 301, s. 38.

N.J. Stat. § 27:1A-39 Actions or proceedings pending on effective date of act

This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Transportation or to any officer, authority or agency designated, continued or constituted hereunder, and pending on the effective date of this act, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, officer, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, any department, commission, council, board, officer, authority or agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Transportation or to any officer, authority or agency designated, continued or constituted hereunder, and all such matters or proceedings pending before such department, commission, council, board, officer, authority or other agency on the effective date of this act shall be continued by the department, officer, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect. L.1966, c. 301, s. 39.

N.J. Stat. § 27:1A-40 Reports and certifications; filing

Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the department, board, division, commission, office or officer, whose powers and duties are herein assigned or transferred, such reports and certifications shall hereafter be required to be filed with, and such applications or requests shall hereafter be made to, the department, officer or agency to which such assignment or transfer has been made hereunder. L.1966, c. 301, s. 40.

N.J. Stat. § 27:1A-41 Repealer

All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1966, c. 301, s. 41.

N.J. Stat. § 27:1A-42 Severability

If any provision of this act or the application thereof to any person or circumstances or the exercise of any power or authority thereunder is held invalid or contrary to law, such holding shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications or affect other exercises of power or authority under said provisions not contrary to law and to this end the provisions of this act are declared to be severable. L.1966, c. 301, s. 42.

N.J. Stat. § 27:1A-43 Legislative findings

The Legislature hereby finds and declares that the administration, development and enforcement of laws and regulations relating to traffic, and the regulation and control of the character, type, location, placing and operation of all official traffic control devices on the streets, highways and public places in New Jersey require co-ordination and co-operation between the State and individual local authorities; that although there should be a general, State-wide policy concerning the movement of traffic and traffic control devices, that policy should be sufficiently flexible to take into account such factors as aesthetics, practicability and community interests, and should permit a consideration of particular circumstances in individual municipalities; and that it is the purpose of this act to provide for the efficient formulation of such a flexible State-wide policy concerning the movement of traffic and traffic control devices in the public interest. L.1969, c. 65, s. 1.

N.J. Stat. § 27:1A-44 Director of the division of motor vehicles; powers and duties transferred

All the powers and duties heretofore exercised and performed by the Director of the Division of Motor Vehicles in the State Department of Law and Public Safety pursuant to the provisions of article 2, article 13, article 16, article 17, and article 21 inclusive, of chapter 4 of Title 39 of the Revised Statutes, and section 42 of P.L.1951, chapter 23 (C. 39:4-85.1), P.L.1960, chapter 100 (C. 39:4-98.1), section 62 of P.L.1951, chapter 23 (C. 39:4-120.1), section 39:4-124 of the Revised Statutes, sections 1 and 3 of P.L.1948, chapter 342 (C. 39:4-138.1 and 39:4-138.2), P.L.1941, chapter 345 (C. 39:4-183.1 to 39:4-183.25), section 96 of P.L.1951, chapter 23 (C. 39:4-183.22a), section 99 of P.L.1951, chapter 23 (C. 39:4-183.26), sections 100 to 106 of P.L.1951, chapter 23 (C. 39:4-191.1 to 39:4-191.6), sections 107 to 109 of P.L.1951, chapter 23 (C. 39:4-196.1 to 39:4-196.3), section 111 of P.L.1951, chapter 23 (C. 39:4-197.1), P.L.1957, chapter 69 (C. 39:4-197.2), P.L.1964, chapter 131 (C. 39:4-197.3), section 118 of P.L.1951, chapter 23 (C. 39:4-199.1), and sections 114 and 115 of P.L.1951, chapter 23 (C. 39:4-201.1 and 39:4-201.2), are hereby transferred to and vested in the Commissioner of Transportation of the Department of Transportation. L.1969, c. 65, s. 2.

N.J. Stat. § 27:1A-45 Appropriations and other moneys transferred from division of motor vehicles to department of transportation

All appropriations and other moneys available and to become available to the Division of Motor Vehicles from the functions, powers and duties which have been herein transferred to the Department of Transportation, are hereby transferred to the Department of Transportation and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by State or Federal law. L.1969, c. 65, s. 3.

N.J. Stat. § 27:1A-46 Transfer of employees to department of transportation

Such employees of the Division of Motor Vehicles the functions, powers and duties of whom have been herein transferred to the Department of Transportation, as the Commissioner of Transportation may determine are needed for the proper performance of the functions and duties imposed upon the Department of Transportation are hereby transferred to the Department of Transportation to which such functions, powers, and duties have been herein transferred. L.1969, c. 65, s. 4.

N.J. Stat. § 27:1A-47 Tenure rights; rights under civil service law

Nothing in this act shall be constructed to deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system. L.1969, c. 65, s. 5.

N.J. Stat. § 27:1A-48 Files, books, papers, records, equipment and other property transferred to department of transportation

All files, books, papers, records, equipment and other property of the Division of Motor Vehicles in the Department of Law and Public Safety relating to the functions, powers and duties which have been herein transferred to the Department of Transportation, shall upon the effective date of this act be transferred to the Department of Transportation. L.1969, c. 65, s. 6.

N.J. Stat. § 27:1A-49 Orders, rules and regulations; continuation

This act shall not affect the orders, rules and regulations heretofore made or promulgated by the Division of Motor Vehicles in the Department of Law and Public Safety relating to the functions, powers and duties which have been herein transferred to the Department of Transportation; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law. L.1969, c. 65, s. 7.

N.J. Stat. § 27:1A-50 Actions or proceedings pending on effective date of this act

This act shall not affect actions or proceedings, civil or criminal, brought by or against the Division of Motor Vehicles in the Department of Law and Public Safety relating to the functions, powers and duties which have been herein transferred to the Department of Transportation, and pending on the effective date of this act, but such actions or proceedings may be prosecuted in the same manner and to the same effect by the Department of Transportation as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, the Division of Motor Vehicles in the Department of Law and Public Safety relating to the functions, powers and duties which have been herein transferred to the Department of Transportation, and all such matters or proceedings pending before such Division of Motor Vehicles in the Department of Law and Public Safety on the effective date of this act shall be continued by the Department of Transportation, as if the foregoing provisions had not taken effect. L.1969, c. 65, s. 8.

N.J. Stat. § 27:1A-51 Reports, certifications, applications or requests relating to transferred powers or duties; filing with department of transportation

Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the Division of Motor Vehicles in the Department of Law and Public Safety, relating to those powers and duties which are herein transferred to the Department of Transportation, such reports and certifications shall hereafter be required to be filed with, and such applications or requests shall hereafter be made to, the Department of Transportation to which such transfer has been made hereunder. L.1969, c. 65, s. 9.

N.J. Stat. § 27:1A-52 Transfer of functions, powers and duties of division of taxation with respect to Outdoor Advertising Act to department of transportation

All the functions, powers and duties of the Division of Taxation in the Department of the Treasury with respect to the administration of the "Outdoor Advertising Act," P.L.1959, c. 191 (C. 54:40-50, et seq.), are transferred to and shall be exercised and performed by the Department of Transportation through an appropriate organizational unit to be established by the Commissioner of Transportation. L.1972, c. 40, s. 1, eff. July 1, 1972.

N.J. Stat. § 27:1A-53 Transfer of appropriations, grants and other moneys

All appropriations, grants and other moneys available and to become available to the Division of Taxation with respect to the administration of the "Outdoor Advertising Act," the functions, powers and duties of which have been herein transferred to the Department of Transportation are hereby transferred to the Department of Transportation and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by law. L.1972, c. 40, s. 2, eff. July 1, 1972.

N.J. Stat. § 27:1A-54 Transfer of employees

Such employees of the Division of Taxation assigned to the administration of the "Outdoor Advertising Act" prior to the reorganization of the division, the functions, powers and duties of which have been transferred to the Department of Transportation are hereby transferred to the Department of Transportation subject to the approval of the Director, Division of Taxation and the Commissioner of Transportation. L.1972, c. 40, s. 3, eff. July 1, 1972.

N.J. Stat. § 27:1A-55 Employment rights; effect of act

Nothing in this act shall be construed to deprive any person of any tenure rights or of any rights or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system. L.1972, c. 40, s. 4, eff. July 1, 1972.

N.J. Stat. § 27:1A-56 Transfer of files, books, property, etc.

All files, books, papers, records, equipment and other property of the Division of Taxation pertaining to the administration of the "Outdoor Advertising Act" the functions, powers, and duties of which have been herein transferred to the Department of Transportation shall upon the effective date of this act be transferred to the Department of Transportation. L.1972, c. 40, s. 5, eff. July 1, 1972.

N.J. Stat. § 27:1A-57 Continuation of orders, rules and regulations

This act shall not affect the orders, rules and regulations heretofore made or promulgated by the Division of Taxation, the functions, powers and duties of which have been herein transferred to the Department of Transportation; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law. L.1972, c. 40, s. 6, eff. July 1, 1972.

N.J. Stat. § 27:1A-58 Actions, proceedings, orders or recommendations pending on effective date of act

This act shall not affect actions or proceedings, civil or criminal, brought by or against the Division of Taxation, or the director thereof, the functions, powers and duties of which have been herein transferred to the Department of Transportation, but such actions and proceedings may be prosecuted or defended in the same manner and to the same effect by the Department of Transportation, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, the Division of Taxation, the functions, powers and duties of which have been herein transferred to the Department of Transportation, and all such matters or proceedings pending before the Division of Taxation on the effective date of this act shall be continued by the Department of Transportation as if the foregoing provisions had not taken effect. L.1972, c. 40, s. 7, eff. July 1, 1972.

N.J. Stat. § 27:1A-59 Reports, certifications, applications or requests relating to transferred powers or duties; filing with department of transportation

Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the Division of Taxation whose powers and duties respecting the administration of the "Outdoor Advertising Act" are herein transferred, such reports and certifications shall hereafter be required to be filed with, and such applications or requests shall hereafter be made to, the Department of Transportation. L.1972, c. 40, s. 8, eff. July 1, 1972.

N.J. Stat. § 27:1A-60 Reference to division of taxation or its director as reference to department of transportation or its commissioner

With respect to the functions, powers and duties pertaining to the administration of the "Outdoor Advertising Act" ^1^ hereby transferred to the Department of Transportation, whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Division of Taxation or the director thereof or the Outdoor Advertising Tax Bureau, the same shall mean and refer to the Department of Transportation and the commissioner thereof. L.1972, c. 40, s. 9, eff. July 1, 1972.

N.J. Stat. § 27:1A-61 Supersedure of inconsistent acts

All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistencies, superseded and shall be deemed inoperative. L.1972, c. 40, s. 10, eff. July 1, 1972.

N.J. Stat. § 27:1A-62 Transfer of functions, powers and duties of board of public utility commissioners with respect to railroad grade crossings and bridges to commissioner and department of transportation

The functions, powers and duties of the Board of Public Utility Commissioners with respect to elimination and regulation of railroad grade crossings and protective devices in connection therewith and the regulation of bridges or passages over or under any railroad or right-of-way pursuant to R.S. 48:2-28, R.S. 48:2-29, and articles 10, 11 and 12 of chapter 12 of Title 48 of the Revised Statutes are transferred to and shall be exercised and performed by the Commissioner and Department of Transportation. L.1972, c. 169, s. 1, eff. Nov. 3, 1972.

N.J. Stat. § 27:1A-63 Method of transfer

The transfer directed by this act shall be made pursuant to the "State Agency Transfer Act," P.L.1971, c. 375 (C. 52:14D-1 et seq.). L.1972, c. 169, s. 2, eff. Nov. 3, 1972.

N.J. Stat. § 27:1A-64 Findings, declarations.

1. The Legislature hereby finds and declares that: a. Many senior citizens and persons with disabilities, including disabled veterans, in this State depend on public transportation facilities to obtain the necessities of life, including food, clothing, and medical services, and to visit their families and friends; ready access to transportation services is thus essential to their health, safety, and welfare. b. Many senior citizens and persons with disabilities, including disabled veterans, live on fixed or limited incomes, and the high cost of transportation services makes it difficult for them to take advantage of these services. c. (Deleted by amendment, P.L.1999, c.179). d. (Deleted by amendment, P.L.1999, c.179). e. It is therefore a valid public purpose, and in the best interest of all the people of this State, to provide for reduced bus and rail fares for senior citizens, persons with disabilities, and all disabled veterans at State expense. L.1973, c.126, s.1; amended 1975, c.271, s.1; 1999, c.179, s.1; 2017, c.20, s.1.

N.J. Stat. § 27:1A-65 Definitions.

2. For the purposes of P.L.1973, c.126 (C.27:1A-64 et seq.), unless the context clearly indicates otherwise: "Access Link service" means the paratransit service implemented by the New Jersey Transit Corporation for the purposes of complying with the "Americans with Disabilities Act of 1990," Pub.L.101-336 (42 U.S.C. s.12101 et seq.). "Carrier" means any individual, copartnership, association, corporation, joint stock company, public agency, trustee, or receiver operating motor buses or rail passenger service on established routes within this State or between points in this State and points in adjacent states. "Commissioner" means the Commissioner of Transportation; provided, however, that the commissioner may delegate any of the commissioner's powers or duties under P.L.1973, c.126 (C.27:1A-64 et seq.) to any subordinate division, agency, or employee of the Department of Transportation or to the New Jersey Transit Corporation. "Disabled veteran" means "disabled veteran" as defined in N.J.S.11A:5-1. "Motor bus" means "autobus" as defined in R.S.48:4-1, and includes those autobuses, commonly called jitneys, as defined in R.S.48:16-23. "Offpeak times" means the hours from 9:30 a.m. to 4 p.m. and from 7 p.m. to 6 a.m. during the weekdays, and all day on Saturdays, Sundays, and holidays. "Person with disabilities" means any individual who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected. A "person with disabilities" shall include a person determined by the New Jersey Transit Corporation to be eligible for its Access Link service. "Senior citizen" means any individual 62 years of age or over. L.1973, c.126, s.2; amended 1975, c.271, s.2; 1979, c.150, s.25; 2017, c.20, s.2; 2017, c.131, s.107; 2020, c.64, s.1; 2020, c.155, s.1.

N.J. Stat. § 27:1A-66 Program to provide motor bus and rail passenger service at reduced rates for certain individuals.

3. The Commissioner of Transportation is hereby authorized and directed to establish and implement a program to provide motor bus and rail passenger service for senior citizens during offpeak times and to provide motor bus and rail passenger service for senior citizens age 65 and older, persons with disabilities, and all disabled veterans at all times bus or rail service is offered, on regular routes of carriers within the State or between points in this State and points in adjacent states at one-half of the regular adult rates of fare, except that the reduced fare shall not be available to senior citizens, persons with disabilities, or disabled veterans traveling on commuter railroad trains operated during peak times which have been designated by the New Jersey Transit Corporation as ineligible for round trip excursion fares. The commissioner may take any action that the commissioner deems necessary to implement this program, including contracts with carriers for the provision of transportation services under this program, purchase of regular tickets and resale to senior citizens, persons with disabilities, and disabled veterans at one-half the ordinary fare, or direct payments to carriers for services provided to senior citizens, persons with disabilities, and disabled veterans under this program. Where carriers may be entitled to receive or do receive funds from sources other than the Department of Transportation for the provision of service to senior citizens, persons with disabilities, and disabled veterans, reimbursement payments which may be made by the Department of Transportation to the carriers may be adjusted accordingly. L.1973, c.126, s.3; amended 1975, c.271, s.3; 1999, c.179, s.2; 2017, c.20, s.3; 2017, c.131, s.108.

N.J. Stat. § 27:1A-67 Establishment of program.

4. In establishing this program, the commissioner shall, after consulting with the Commissioner of Community Affairs, the Director of the Division of Aging Services in the Department of Human Services, and the Board of Public Utilities, establish uniform procedures for: a. Determining the eligibility of persons to receive the reduced fares provided pursuant to P.L.1973, c.126 (C.27:1A-64 et seq.), which shall include those persons determined by the New Jersey Transit Corporation to be eligible for its Access Link service; b. Making reduced fares available to eligible persons; and c. Auditing and accounting to insure that no carrier receives payments in excess of the value of services actually rendered to senior citizens, persons with disabilities, and disabled veterans pursuant to P.L.1973, c.126 (C.27:1A-64 et seq.). L.1973, c.126, s.4; amended 1975, c.271, s.4; 2017, c.20, s.4; 2017, c.131, s.109; 2020, c.64, s.2.

N.J. Stat. § 27:1A-68 Rules and regulations

The commissioner is hereby authorized to make and issue such other rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) as he may deem necessary or appropriate to effectuate the purposes of this act. L.1973, c. 126, s. 5, eff. May 10, 1973.

N.J. Stat. § 27:1A-69 Utilization of personnel, facilities and resources of other agencies of state

The commissioner may utilize the personnel, facilities and resources of any other department or agency of the State or any political subdivision thereof, in carrying out his powers and duties under this act, in accordance with such terms and conditions as may be agreed upon between the commissioner and such department or agency. L.1973, c. 126, s. 6, eff. May 10, 1973.

N.J. Stat. § 27:1A-70 Provision of further fare reductions.

7. Nothing in P.L.1973, c.126 (C.27:1A-64 et seq.) shall preclude any carrier from providing further fare reductions for senior citizens, persons with disabilities, and disabled veterans or preclude any municipality from contracting for further reductions pursuant to P.L.1973, c.67 (C.40:48-4.1 et seq.), or any other law. L.1973, c.126, s.7; amended 1975, c.271, s.5; 2017, c.20, s.5; 2017, c.131, s.110.

N.J. Stat. § 27:1A-71 Employees, advertisement of program.

8. The commissioner is hereby authorized to hire, employ, or assign secretarial, clerical, and other personnel as shall be required for complying with the provisions of P.L.1973, c.126 (C.27:1A-64 et seq.). The commissioner shall also expend a reasonable sum, not to exceed $50,000 annually, for advertising to make senior citizens, persons with disabilities, and disabled veterans aware of the program, the availability and cost of the reduced fares thereunder, the hours when reduced fares may be used, the public transportation facilities made accessible to persons with disabilities, and the availability of other transportation services offered to the public for use by persons with disabilities including Access Link service. L.1973, c.126, s.8; amended 1975, c.271, s.6; 2017, c.20, s.6; 2017, c.131, s.111; 2020, c.155, s.2.

N.J. Stat. § 27:1A-72 Transportation at reduced fare.

9. Notwithstanding any of the provisions of chapter 3 of Title 48 of the Revised Statutes or of any other law to the contrary, any eligible senior citizen, person with disabilities, or disabled veteran may be transported by any motor bus carrier at less than the usual and ordinary fare charged to one person. L.1973, c.126, s.9; amended 1975, c.271, s.7; 2017, c.20, s.7; 2017, c.131, s.112.

N.J. Stat. § 27:1A-73 Reduced fare for travel attendant, guide.

1. Notwithstanding the provisions of P.L.1973, c.126 (C.27:1A-64 et seq.) or any other law to the contrary, a person with disabilities and the person's travel attendant shall be transported by any motorbus or rail carrier operated pursuant to the "New Jersey Public Transportation Act of 1979," P.L.1979, c.150 (C.27:25-1 et seq.) at the fare charged to one person with disabilities during peak or offpeak times, as the case may be. For the purposes of this section, a " person with disabilities" is one defined pursuant to section 2 of P.L.1973, c.126 (C.27:1A-65) who requires the assistance of a travel attendant in order to use public transportation. L.1987, c.99, s.1; amended 2017, c.20, s.8; 2017, c.131, s.113.

N.J. Stat. § 27:1A-74 Regulations.

2. The Commissioner of Transportation shall, after consulting with other relevant departments and agencies, adopt reasonable regulations necessary to carry out the purposes of P.L.1987, c.99 (C.27:1A-73 et seq.) pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The regulations shall include a procedure by which the commissioner shall: a. issue an identification card , upon certification of a physician or upon certification of another person as prescribed by the commissioner, that a person with disabilities requires the assistance of a travel attendant in order to use public transportation; and b. automatically issue an identification card to a person determined by the New Jersey Transit Corporation, after the effective date of P.L.2020, c.64, to be eligible for its Access Link service at the time of that determination. For a person determined eligible for Access Link service prior to the effective date of P.L.2020, c.64, the commissioner shall issue an identification card within 60 days after the effective date of P.L.2020, c.64 or immediately upon request of the eligible person, whichever shall be earlier. L.1987, c.99, s.2; amended 2017, c.20, s.9; 2017, c.131, s.114; 2020, c.64, s.3.

N.J. Stat. § 27:1A-75 Short title.

1. Sections 1 through 11 of this act shall be known and may be cited as the "New Jersey Marine Transportation System Act." L.2001,c.429,s.1.

N.J. Stat. § 27:1A-76 Findings, declarations relative to maritime transportation.

2. The Legislature finds and declares that: a. There should be a single State agency for New Jersey's maritime industry charged with advancing Statewide maritime development initiatives and technologies, planning for maritime systems, enhancing New Jersey's marine environment, fostering maritime education, and providing overall support functions to the maritime industry in close coordination with the Department of Environmental Protection, the New Jersey Commerce and Economic Growth Commission, and other State agencies. b. New Jersey's maritime industry is a $50 billion industry supporting more than 300,000 New Jersey citizens. The industry is located along 127 miles of New Jersey shoreline, on 116 State navigation channels, 240 miles of navigable waterways in New York Harbor, and along 106 miles of the Delaware River and Bay. Throughout the State, warehousing, manufacturing and cargo handling facilities service the commerce taking place along these water highways, and the intermodal connections which service them support local, national and international port commerce. The industry includes boat-building companies, members of the marine trades' associations, marinas, the commercial and recreational fishing industry, science, technology, and educational and related services. It also includes those industries that support waterborne military operations and national security initiatives. c. The infrastructure required to support New Jersey's commercial and recreational maritime industry is collectively designated as New Jersey's Marine Transportation System. It is a comprehensive system which includes navigable channels, waterborne commerce, dredging and dredged material management technologies, berth, terminal and related structures, intermodal transportation facilities and corridors, shipping, receiving and cargo-movement tracking systems, global positioning systems, vessel traffic and port information systems, physical oceanographic real-time systems, and geographical information systems. Navigation aides, boat building technologies, ocean habitat tracking systems and other new technologies interact to create a seamless system linking all aspects of the maritime industry into a single transportation matrix. The Marine Transportation System provides economic value, State and national security support, environmental protection and recreational opportunity for the State, the region and the nation. d. Water transportation systems are a desirable, necessary and environmentally beneficial means of moving people and goods and such systems will promote the development and redevelopment of the State's urban centers. It is further declared that in a densely settled state such as New Jersey, it should be a priority of the Department of Transportation to promote the development of water transportation systems and to provide, as necessary for the public safety and welfare, for the coordination and facilitation of water transportation systems. L.2001,c.429,s.2.

N.J. Stat. § 27:1A-77 Definitions relative to maritime transportation.

3. As used in this act: "Commissioner" means the Commissioner of Transportation. "Department" means the Department of Transportation. "Dredging and dredging related projects" means the removal of sand, silt, mud, clay, rock, or other material from the bottom of a waterway in order to maintain or deepen navigation channels and berths, related infrastructure development of such a project, the management of the dredged material through decontamination, acceptable placement or beneficial use, and the potential funding of such projects as necessary to support New Jersey's maritime industry. "Marine transportation system" means navigable channels, berths, terminals and related intermodal transportation infrastructure, facilities and equipment, sediment and dredged materials management programs, shipping, receiving, cargo-movement and tracking, aides to navigation, intelligent and vessel transportation systems, and such related activities which promote the efficient operation, environmental integrity, and economic development of New Jersey's maritime industry. "Maritime industry" means ports and terminals, ship services and boat building, education, science and technology, marine trades and support services, ferries, movement of cargo and waterborne commerce, commercial and recreational fishing, navigation and government support services, including waterborne military operations and national security initiatives, and the direct and indirect industries supporting the entire marine transportation system. "Office" means the Office of Maritime Resources in the Department of Transportation. L.2001,c.429,s.3.

N.J. Stat. § 27:1A-78 Office of Maritime Resources.

4. There is hereby established in the Department of Transportation the Office of Maritime Resources. The office shall serve as the lead on all maritime industry matters including, but not limited to, dredging, dredging technologies and dredging related issues, State and federal marine transportation systems, and port development. The office shall be the primary advisor to the Governor and the commissioner on all matters relating to the mission of the office. The office shall also serve as the point of contact for the maritime industry and shall coordinate maritime planning and policy issues with federal, State and local governments and regional and bi-state agencies, as appropriate. L.2001,c.429,s.4.

N.J. Stat. § 27:1A-79 "New Jersey Marine Transportation System Development" section of transportation plan.

5. In support of the State's long range transportation plan, the office shall be responsible, in collaboration with the Division of Transportation Systems Planning in the department, for the preparation of a "New Jersey Marine Transportation System Development" section of the State's long range transportation plan which shall assess conditions, define future needs and propose recommendations that improve New Jersey's Marine Transportation System, in accordance with the findings and declarations contained in section 2 of this act. The section shall outline strategic initiatives on regional port planning, marine transportation system infrastructure, technology, and economic development related to the maritime infrastructure and capital investment strategies. L.2001,c.429,s.5.

N.J. Stat. § 27:1A-80 Additional powers of commissioner.

6. In addition to any powers granted to the commissioner under this act or any other provision of law, the commissioner shall: a. Provide interagency support, programmatic planning and policy recommendations, promote coordination and cooperation with and among State, multi-state, bi-state, federal and non-governmental agencies in matters affecting the New Jersey Marine Transportation System; b. Engage in public education on maritime issues; c. Serve as the primary advisory body and lead agency for support of New Jersey's $50 billion maritime industry; d. Participate in maritime-related technology research and development; e. Investigate innovative dredged material management technologies and techniques to ensure continued growth of New Jersey's Marine Transportation System; f. Act as the local sponsor for agreements with State and federal agencies in support of dredging and dredging related projects; g. Research, facilitate, and act as lead advisory body for grant funding opportunities which enhance and further the mission of the office; h. Develop and maintain an interactive educational website on the department's Internet website; i. Act as advisor for State and federal entities and non-governmental entities involved in advancing the mission of the New Jersey Marine Transportation System; j. Engage in waterborne, dredging, and related infrastructure development projects which enhance the economic, environmental, and efficient nature of maritime and marine trades services; k. Operate, lease, or license a dredging processing facility, or contract for the design, construction, use, management or operation of any State dredging processing facility; and l. Undertake any additional actions as appropriate to advance the State's maritime roles and responsibilities. L.2001,c.429,s.6.

N.J. Stat. § 27:1A-81 Duties of commissioner.

7. The commissioner shall investigate and develop alternative funding resources, establish and budget annual State funding in furtherance of maritime initiatives, improve government coordination with the recreational and commercial fishing and boating industries, create regional dredged material disposal facilities, continue development of beneficial use options for dredged material, develop dredging and dredged material technologies, continue development of waterborne transportation targeting congestion relief from highways and reduced air pollution, and implement public education programs as desirable. L.2001,c.429,s.7.

N.J. Stat. § 27:1A-82 Dredged material processing; "Maritime Industry Fund."

8. a. The commissioner, in consultation with the Department of Environmental Protection and the Department of the Treasury, may operate, lease, license or contract the design, construction, use, management or operation of any State dredged material processing facility in such manner as to produce revenue in support of the maritime industry. b. There is established in the General Fund a separate, non-lapsing, dedicated account to be known as the "Maritime Industry Fund," hereinafter referred to as "the fund." Notwithstanding any provisions of law to the contrary and except as otherwise provided in this act, the Maritime Industry Fund shall be utilized to provide for projects that support New Jersey's maritime industry. c. Each fiscal year, the State Treasurer shall credit all revenues from any State dredged material processing facility to the fund. d. Each fiscal year, the State Treasurer shall credit all earnings received from the investment or deposit of revenue in the fund, to the fund. e. All revenues and earnings deposited in the fund shall be appropriated in the same fiscal year to the department exclusively in furtherance of the purposes set forth in this act. L.2001,c.429,s.8.

N.J. Stat. § 27:1A-83 Purchases, contracts, agreements regulated.

9. Purchases, contracts, or agreements over $25,000 for dredging and dredging related projects shall be governed as provided in subsections a. and b. below. a. All purchases, contracts, or agreements, where the cost or contract price exceeds the sum of $25,000, or, after January 1, 2003, the amount determined pursuant to subsection b. of this section, shall, except as otherwise provided by section 10 of this act, be made, negotiated, or awarded only after public advertisement for bids therefor and shall be awarded to that responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the office in its judgment, upon consideration of price and other factors. Any bid may be rejected when the office determines that it is in the public interest to do so. Any purchase, contract, or agreement, where the cost or contract price is less than or equal to $25,000, or the amount determined pursuant to subsection b. of this section, shall be made, negotiated, or awarded by the office without advertising and in any manner which the office, in its judgment, deems necessary to serve its unique interests and purposes and which promotes, whenever practicable, full and free competition by the acceptance of quotations or proposals or by the use of other suitable methods. b. The department shall no later than March 1 of each odd-numbered year adjust the threshold amount set forth in subsection a. of this section, or subsequent to 2003 the threshold amount resulting from any adjustment under this subsection, in direct proportion to the rise or fall of the consumer price index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The adjustment shall become effective on July 1 of each odd-numbered year. L.2001,c.429,s.9.

N.J. Stat. § 27:1A-84 Purchases, contracts, agreements may be made without public advertisement, certain circumstances.

10. Purchases, contracts or agreements over $25,000 for dredging and dredging related projects may be made, negotiated, or awarded by the office without public advertisement as provided for in subsections a., b. and c. of this section. a. Any purchase, contract, or agreement, where the cost or contract price exceeds the amount set forth in subsection a. of section 16 of P.L.1998, c.44 (C.52:27C-76), or, after January 1, 2003, the amount calculated by the Governor pursuant to subsection b. of section 16 of P.L.1998, c.44 (C.52:27C-76) may be made, negotiated, or awarded by the office without advertisement for bids under the following circumstances: (1) When the subject matter consists of: The purchase, rental, or lease of such office space, office machinery, specialized equipment, buildings or real property as may be necessary for the use, or incidental to the performance of the office's duties and the exercise of its powers under this act; or (2) When any one or more of the following circumstances exist: (a) Standardization of equipment and interchangeability of parts is in the public interest; (b) Only one source of supply or service is available; (c) The exigency of the office's duties and responsibilities will not admit of advertisement; (d) More favorable terms can be obtained from a primary source of supply of an item or service; (e) Bid prices, after advertising, are not reasonable or have not been independently arrived at in open competition, but no negotiated purchase, contract, or agreement may be entered into under this subsection after the rejection of all bids received unless: (i) notification of the intention to negotiate and reasonable opportunity to negotiate is given to each responsible bidder; (ii) the negotiated price is lower than the lowest rejected bid price of a responsible bidder; and (iii) the negotiated price is the lowest negotiated price offered by any responsible bidder; (f) The purchase is to be made from, or the contract is to be made with, any federal or State government agency or other entity, or any political subdivision thereof; or (g) Purchases are made through or by the Director of the Division of Purchase and Property, in the Department of the Treasury, pursuant to section 1 of P.L.1959, c.40 (C.52:27B-56.1). b. In any such instances as identified in subsection a. of this section, the office may make, negotiate, or award the purchase, contract or agreement in any manner which the office deems necessary to serve its unique interests and purposes and which promotes, whenever practicable, full and free competition by the acceptance of quotations or proposals or by the use of other suitable methods. c. In any case in which the office shall make, negotiate, or award a purchase, contract, or agreement without public advertisement pursuant to subsection a. of this section, the office shall specify the subject matter or circumstances set forth in subsection a. which permit the office to take such action. L.2001,c.429,s.10.

N.J. Stat. § 27:1A-85 Rules, regulations.

11. The commissioner is hereby authorized to make and issue such rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as the commissioner may deem necessary or appropriate to effectuate the purposes of this act. L.2001,c.429,s.11.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026