(Sponsorship Updated As Of: 3/4/2024)
ASSEMBLY, No. 2607
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Katz
SYNOPSIS
Modifies definition of “paratransit service” under various sections of law.
CURRENT VERSION OF TEXT
As reported by the Assembly Transportation and Independent Authorities
Committee with technical review.
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT concerning paratransit services and amending various parts 1
of the statutory law. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 3 of P.L.2020, c.114 (C.27:25-37) is amended to 7
read as follows: 8
3. For the purposes of P.L.2020, c.114 (C.27:25-35 et seq.): 9
"Community organization" means an organization that provides 10
programs and services to persons with disabilities. 11
"Corporation" means the New Jersey Transit Corporation. 12
"Corporation paratransit service" means the paratransit service 13
that is managed, administered, or provided directly through the New 14
Jersey Transit Corporation's operating budget, as a part of the 15
Access Link program or any successor program to meet the 16
requirements of the "Americans with Disabilities Act of 1990" (42 17
U.S.C. s.12101 et seq.), and does not include services directly 18
provided by county transit agencies. 19
"County transit agency" means a transportation service organized 20
under or in conjunction with a county government to provide trips 21
to senior citizens and residents with disabilities under the "Senior 22
Citizen and Disabled Resident Transportation Assistance Act," 23
P.L.1983, c.578 (C.27:25-25 et seq.). 24
"Department" means, unless another meaning clearly applies, the 25
Department of Human Services. 26
"Paratransit provider" means any organization or entity that 27
provides paratransit services, including State and local transit 28
agencies, directly or through contract service, and community 29
organizations that provide transportation trips, either directly or 30
through a third party, funded by the Department of Human Services 31
or the Division of Vocational Rehabilitation Services within the 32
Department of Labor and Workforce Development. 33
"Paratransit service" means and includes any transportation 34
service other than fixed route transportation service[, except that 35
"paratransit service" does not include private or charter services 36
provided by taxicabs, limousines, or transportation network 37
companies]. 38
(cf: P.L.2020, c.114, s.3) 39
40
2. Section 3 of P.L.1979, c.150 (C.27:25-3) is amended to read 41
as follows: 42
3. As used in [this act] P.L.1979, c.150 (C.27:25-1 et seq.): 43
a. "Corporation" means the New Jersey Transit Corporation. 44
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b. "Motorbus regular route service" means and includes the 1
operation of any motorbus or motorbuses on streets, public 2
highways or other facilities, over a fixed route and between fixed 3
termini on a regular schedule for the purpose of carrying passengers 4
for hire or otherwise, in this State or between points in this State 5
and points in other states. 6
c. "Capital equipment and facilities" means and includes, in 7
connection with public transportation service, passenger stations, 8
shelters and terminals, automobile parking facilities, ramps, track 9
connections, signal systems, power systems, information and 10
communication systems, roadbeds, transit lanes or rights of way, 11
equipment storage and servicing facilities, bridges, grade crossings, 12
rail cars, locomotives, ferries and ferry facilities, including capital 13
projects for ferry terminals, approach roadways, pedestrian 14
accommodations, parking, docks, ramps and other necessary land-15
side improvements, motorbus and other motor vehicles, 16
maintenance and garage facilities, revenue handling equipment and 17
any other equipment, facility or property useful for or related to the 18
provision of public transportation service. 19
d. "Paratransit services" means and includes any transportation 20
service[,] other than motorbus regular route service [and charter 21
services, including, but not limited to, dial-a-ride, nonregular route, 22
jitney or community minibus, and shared-ride services such as 23
vanpools, limousines or taxicabs which are regularly available to 24
the public. Paratransit services shall not include limousine or 25
taxicab service reserved for the private and exclusive use of 26
individual passengers]. 27
e. "Public transportation or public transportation service" 28
means rail passenger service, motorbus regular route service, 29
paratransit service, motorbus charter service, and ferry passenger 30
service. 31
f. "Motorbus charter service" means and includes subscription, 32
tour, other special motorbus services or school bus services or 33
charter services as set forth in section 7 of P.L.1979, c.150 34
(C.27:25-7). 35
g. "Rail passenger service" means and includes the operations 36
of a railroad, subway, street, traction or electric railway for the 37
purpose of carrying passengers in this State or between points in 38
this State and points in other states. 39
h. "Ferry passenger service" means any service which involves 40
the carriage of persons for compensation or hire by waterborne craft 41
in this State or between points in this State and points in other 42
states. 43
(cf: P.L.2005, c.91, s.1) 44
45
3. Section 3 of P.L.1991, c.252 (C.27:25A-3) is amended to 46
read as follows: 47
3. As used in this act: 48
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"Air passenger service" means any service which involves the 1
carriage of persons for compensation or hire by aircraft. 2
"Atlantic City Expressway" means the expressway project known 3
as the Atlantic City Expressway constructed by the New Jersey 4
Expressway Authority pursuant to section 40 of P.L.1962, c.10 5
(C.27:12C-40). 6
"Atlantic City International Airport" means the airport 7
authorized by section 24 of this act. 8
"Atlantic County Transportation Authority" means the county 9
transportation authority authorized pursuant to P.L.1980, c.44 10
(C.40:35B-1 et seq.). 11
"Authority" means the South Jersey Transportation Authority 12
created by section 4 of this act. 13
"Bond" means any bond or note issued by the authority pursuant 14
to the provisions of this act or issued by or for an original authority 15
or any predecessor authority thereof, as the case may be. 16
"Commissioner" means the Commissioner of Transportation. 17
"Construction" or "construct" means the planning, designing, 18
construction, reconstruction, rehabilitation, replacement, repair, 19
extension, enlargement, improvement and betterment of expressway 20
projects and transportation projects, and includes the demolition, 21
clearance and removal of buildings or structures on land acquired, 22
held, leased or used for those projects. 23
"Cost" means all or any part of the expenses incurred in 24
connection with the acquisition, construction and maintenance of 25
any real property, lands, structures, real or personal property rights, 26
rights-of-way, franchises, easements, and interests acquired or used 27
for a project; any financing charges and reserves for the payment of 28
principal and interest on bonds or notes; the expenses of 29
engineering, appraisal, architectural, accounting, financial and legal 30
services; and other expenses as may be necessary or incident to the 31
acquisition, construction and maintenance of a project, the 32
financing thereof and the placing of the project into operation. 33
"County" means a county in South Jersey. 34
"Department" means the Department of Transportation. 35
"Economic development facility" means any area, place, building 36
or other improvement or structure related to, connected with, or in 37
the vicinity of, a transportation project which may serve the users of 38
that project or assist in, enhance or stimulate its operation or 39
development. 40
"Expressway project" means the acquisition, construction and 41
maintenance of the Atlantic City Expressway as transferred to the 42
authority pursuant to this act and of any express highway, super 43
highway or motorway at the locations and between the termini as 44
may hereafter be established by law and acquired or to be acquired 45
or constructed or to be constructed under the provisions of this act 46
by the authority, over which abutters have no easements or rights of 47
light, air or direct access by reason of the fact that their properties 48
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abut thereon, and shall include but not be limited to all bridges, 1
parking facilities, tunnels, overpasses, underpasses, interchanges, 2
traffic circles, grade separations, entrance plazas, approaches, toll 3
houses, service areas, stations and facilities, communications 4
facilities, administration, storage and other buildings, and other 5
structures related to the use of the express highway, superhighway 6
or motorway, intersecting highways and bridges and feeder roads 7
which the authority may deem necessary or desirable for the 8
operation of the project, together with all property rights, easements 9
and interests which may be acquired by the authority for the 10
construction or the operation of the project, and includes any 11
planning necessary for the execution of any expressway project. 12
"Feeder road" means any road which in the determination of the 13
authority is necessary to create or facilitate access to a project and 14
is not more than five miles in length from the point of its 15
connection with the project. 16
"Land and improvements" means any area or lands, any interest, 17
right or title in land, including but not limited to, any reversionary 18
right, and any real or personal property, structure, facility, building 19
or equipment. 20
"Marine passenger service" means any service which involves 21
the carriage of persons for compensation or hire by waterborne 22
craft. 23
"Motorbus charter service" means subscription, tour and other 24
special motorbus services. 25
"Motorbus regular route service" means the operation of any 26
motorbus or motorbuses on streets, public highways or other 27
facilities, over a fixed route and between fixed termini on a regular 28
schedule for the purpose of carrying passengers, for hire or 29
otherwise, within South Jersey or between points within South 30
Jersey and points without South Jersey. 31
"Municipality" means any city, borough, village, town or 32
township in South Jersey but not a county or a school district. 33
"New Jersey Expressway Authority" means the authority created 34
pursuant to P.L.1962, c.10 (C.27:12C-1 et seq.). 35
"Original authority" means the New Jersey Expressway 36
Authority or the Atlantic County Transportation Authority. 37
"Paratransit service" means any transportation service[,] other 38
than motorbus regular route service [and motorbus charter service, 39
including but not limited to, dial-a-ride, non-regular route, jitney or 40
community minibus, and shared-ride services such as vanpools, 41
limousines or taxicabs which are regularly available to the public. 42
Paratransit services shall not include limousine or taxicab service 43
reserved for the private and exclusive use of individual passengers]. 44
"Parking facility" means any area or place, garage, building, or 45
other improvement or structure for the parking or storage of motor 46
or other vehicles, including but not limited to all real property and 47
personal property, driveways, roads and other structures or areas 48
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necessary or useful or convenient for access to a facility from a 1
public street, road or highway, or from any transportation project; 2
meters, mechanical equipment necessary or useful or convenient for 3
or in connection with that parking or storage; and any structures, 4
buildings, space or accommodations, whether constructed by an 5
authority or by the lessee, to be leased for any business, commercial 6
or other use, including the sale of gasoline or accessories for, or the 7
repair or other servicing of automobiles and other motor vehicles, 8
if, in the opinion of the authority, the inclusion, provision and 9
leasing is necessary to assist in defraying the expenses of the 10
authority and make possible the operation of the parking facility at 11
reasonable rates, but the authority shall not itself engage in the sale 12
of gasoline or accessories for, or in the repair or other servicing of 13
automobiles or other motor vehicles except in emergency, nor in the 14
sale of any service or commodity of trade or commerce. 15
"Project" means an expressway project or transportation project 16
and the costs associated therewith. 17
"Public highway" means any public highway, road or street in 18
South Jersey, including federal aid highways, whether maintained 19
by the State or by a county, municipality or other governmental 20
subdivision in South Jersey. 21
"Public transportation facility" means, in connection with public 22
transportation service, passenger stations, shelters and terminals, 23
automobile and bus parking facilities, ramps, track connections, 24
signal systems, power systems, information and communication 25
systems, roadbeds, transit lanes or rights-of-way, equipment storage 26
and servicing facilities, bridges, grade crossings, rail cars, 27
locomotives, motorbuses and other motor vehicles, maintenance and 28
garage facilities, revenue handling equipment and any other 29
equipment, facility or property useful or related to the provision of 30
transportation service. 31
"Public transportation service" means rail passenger service, 32
motorbus regular route service, paratransit service, motorbus 33
charter service and marine passenger service. 34
"Rail passenger service" means the operation of railroad, 35
subway, or light rail systems including fixed and automated 36
guideway systems for the purpose of carrying passengers in South 37
Jersey or between points within South Jersey and points without 38
South Jersey. 39
"Real property" means lands within the State, above or below 40
water, and improvements thereof or thereon, or any riparian or other 41
rights or interests therein. 42
"South Jersey" means the area encompassing the counties of 43
Atlantic, Camden, Cape May, Cumberland, Gloucester, and Salem. 44
"Transfer date" means, with respect to the New Jersey 45
Expressway Authority, the date on which all bonds issued by the 46
New Jersey Expressway Authority cease to be outstanding within 47
the meaning of the resolutions pursuant to which those bonds were 48
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issued, as certified by the trustee or trustees thereunder and, with 1
respect to the Atlantic County Transportation Authority, the date on 2
which New Jersey Economic Development Authority first mortgage 3
revenue bonds, series of 1980, dated July 1, 1980, (New York 4
Parking Associates - Parking Authority of Atlantic City project) 5
issued by the New Jersey Economic Development Authority cease 6
to be outstanding within the meaning of the indenture pursuant to 7
which those bonds were issued, as certified by the trustees 8
thereunder or the date on which the South Jersey Transportation 9
Authority certifies to the Atlantic County Transportation Authority 10
for a predecessor authority to the Atlantic County Transportation 11
Authority and the State Treasurer that it assumes all debts and 12
obligations of the Atlantic County Transportation Authority. 13
"Transportation facility" means any area, place, building, or 14
other structure designed to provide rail passenger service, motorbus 15
regular route service, paratransit service, motorbus charter service, 16
air passenger and air freight service, or marine passenger service, or 17
any two or more of these services, to the public, and includes 18
passenger stations, shelters and terminals, air passenger terminals, 19
hangars, heliports, docking and launching facilities, parking 20
facilities, ramps, track connections, signal systems, power systems, 21
information and communication systems, roadbeds, transit lanes or 22
rights-of-way, equipment storage and servicing facilities, bridges, 23
grade crossings, rail cars, locomotives, motorbus and other motor 24
vehicles, boats, ferries and other marine vehicles, aircraft, 25
maintenance and garage facilities, revenue handling equipment and 26
any other equipment, facility or property useful for or related to the 27
provision of these services; 28
"Transportation project" means the acquisition, construction, and 29
maintenance of an airport, public transportation facility or other 30
transportation facility, established by this act or which may be 31
hereafter established by law and may include related facilities and 32
activities which may consist of public transportation services, 33
public transportation facilities, including but not limited to rail and 34
bus stations and terminals, noise abatement projects, parking 35
facilities, public highways and feeder roads related to or connected 36
with the project, and any economic development facilities as 37
defined in this section. Transportation project includes any planning 38
necessary to develop a comprehensive, efficient, convenient or 39
economical transportation system in South Jersey, any planning or 40
marketing necessary or desirable for the execution of any 41
transportation project, and any planning, acquisition, construction 42
or operation of economic development facilities related to, 43
connected with, or in the vicinity of the project. 44
"Transportation system" means public highways, expressway 45
projects, transportation projects, and all other methods of 46
transportation for the movement of people and goods in South 47
Jersey. 48
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"Transportation Trust Fund Authority" means the New Jersey 1
Transportation Trust Fund Authority established by section 4 of 2
P.L.1984, c.73 (C.27:1B-4). 3
(cf: P.L.1991, c.252, s.3) 4
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4. This act shall take effect immediately. 6