Increases transparency and accountability for NJT and independence of NJT board members; establishes Office of Customer Advocate; requires greater detail for capital program.

A2048

ASSEMBLY, No. 2048

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

Assemblyman MICHAEL VENEZIA

District 34 (Essex)

Co-Sponsored by:

Assemblymen Simonsen and Bhalla

SYNOPSIS

���� Increases transparency and accountability for NJT and
independence of NJT board members; establishes Office of Customer Advocate;
requires greater detail for capital program.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning reforms to the New Jersey Transit Corporation, amending P.L.1979,
c.150, P.L.2018, c.162, and P.L.1984, c.73, supplementing Title 27 of the
Revised Statutes, and repealing section 16 of P.L.2018, c.162.

����
Be It Enacted

by the Senate and General Assembly of the State of New Jersey:

���� 1.��� Section 4 of P.L.1979,
c.150 (C.27:25-4) is amended to read as follows:

���� 4.��� a.� There is hereby
established in the Executive Branch of the State Government the New Jersey
Transit Corporation, a body corporate and politic with corporate succession.�
For the purpose of complying with the provisions of Article V, Section IV,
paragraph 1 of the New Jersey Constitution, the corporation is hereby allocated
within the Department of Transportation, but, notwithstanding that allocation,
the corporation shall be independent of any supervision or control by the
department or by any body or officer thereof. The corporation is hereby
constituted as an instrumentality of the State exercising public and essential
governmental functions, and the exercise by the corporation of the powers
conferred by this act shall be deemed and held to be an essential governmental
function of the State.�

���� b.��� The corporation shall be
governed by a board which shall consist of 13 members.

����
[
11
]

Eleven
of the members
shall be voting members and shall consist of: the Commissioner of
Transportation and the State Treasurer, who shall be members ex officio,
another member of the Executive Branch to be selected by the Governor who shall
also serve ex officio, and eight public members who shall be appointed by the
Governor as follows:

���� two members, with the advice
and consent of the Senate, who shall each have experience as either a regular
corporation motorbus regular route service rider or regular corporation rail
passenger service or light rail service rider or have a professional background
in passenger rail service, freight rail management, transportation capital
planning, transportation and public transportation capital construction,
federal transportation policy, State transportation policy, real estate
investment or development, human resources management, or transportation
capital finance, one upon the recommendation of the New Jersey members of the
Delaware Valley Regional Planning Commission and one upon the recommendation of
the North Jersey Transportation Planning Authority;

���� two members, with the advice
and consent of the Senate, one who shall have experience as a regular
corporation motorbus regular route service rider and one who shall have
experience as a regular corporation rail passenger service or light rail
service rider; and

���� four members, who shall each
have a professional background in passenger rail service, freight rail
management, transportation capital planning, transportation and public
transportation capital construction, federal transportation policy, State
transportation policy, real estate investment or development, human resources
management, communication, or transportation capital finance, one appointed by
the Governor upon the recommendation of the President of the Senate, one
appointed by the Governor upon the recommendation of the Speaker of the General
Assembly, and two appointed by the Governor, with the advice and consent of the
Senate.

���� All public members, except for
those appointed upon the recommendation of the President of the Senate and the
Speaker of the General Assembly, shall be appointed by the Governor with the
advice and consent of the Senate, and all public members shall serve for four
year staggered terms and until their successors are appointed and qualified.�
No more than three of the six public members appointed by the Governor with the
advice and consent of the Senate shall be members of the same political party.�
Each public member may be removed from office by the Governor for cause.� A
vacancy in the membership of the board occurring other than by expiration of
term shall be filled in the same manner as the original appointment, but for
the unexpired term only.� The board shall annually designate a
[
vice
chairperson and
]

secretary.� The secretary need not be a member.�

���� There shall be two non-voting
members of the board, who shall not be considered in determining a quorum.� The
non-voting members shall be appointed as follows: one appointed by the Governor
upon the recommendation of the labor organization representing the plurality of
the employees of the corporation involved in rail operations and one appointed
by the Governor upon the recommendation of the labor organization representing
the plurality of the employees of the corporation involved in motorbus
operations. Each non-voting member appointed upon recommendation of a labor
organization shall be appointed for a term of four years, provided, however,
that if at any time during the term of appointment the non-voting member ceases
to be affiliated with the labor organization representing the plurality of the
relevant segment of employees of the corporation, then such labor organization
may, thereupon or at any time thereafter during such term, recommend a new
member to the Governor for appointment to serve the remainder of the term.� If
the local bargaining unit decertifies its existing union affiliation and
certifies a new union, the union which represents the plurality of the relevant
segment of employees may recommend a new member to the Governor for appointment
to serve the remainder of the term.� The
[
chairman
]

chairperson

of the board may, at the
[
chairman's
]

chairperson�s

discretion, exclude such non-voting member from attending any portion of a
board meeting or any other meeting held for the purpose of discussing
negotiations with labor organizations, pending litigation involving the labor
organization, the investigation, evaluation, or discipline of an employee of
the corporation, or matters concerning private entities engaged in the
provision of motorbus regular route service, paratransit service, or motorbus
charter service that would otherwise not be considered public information. Each
non-voting member appointed upon recommendation of a labor organization may be
removed by the Governor for cause.

���� For the purposes of this
subsection:

���� "experience as a regular
corporation motorbus regular route service rider" includes any rider who
is a regular corporation motorbus regular route service rider at the time of
the member's appointment or reappointment and any rider who has been a regular
corporation motorbus regular route service rider in three of the five years
preceding the member's appointment or reappointment.

���� "experience as a regular
corporation rail passenger service or light rail service rider" includes
any rider who is a regular corporation rail passenger service or light rail
service rider at the time of the member's appointment or reappointment and any
rider who has been a regular corporation rail passenger service or light rail
service rider in three of the five years preceding the member's appointment or
reappointment.

���� c.���� Board members other
than those serving ex officio shall serve without compensation, but members
shall be reimbursed for actual expenses necessarily incurred in the performance
of their duties.�

���� d.��� The Commissioner of
Transportation shall serve as chairperson of the board
[
,
]

.� The
chairperson
shall chair board meetings, and shall have responsibility for
the scheduling and convening of all meetings of the board.�
The board shall
elect a vice chairperson of the board from among its public members that are
authorized to vote.� Ex officio members of the board shall not be eligible to
serve as the vice chairperson.� The vice chairperson shall be elected by the
affirmative vote of a majority of the appointed members of the board that are
authorized to vote and shall serve for a term of two years.
� In the absence
of the chairperson, the vice chairperson shall chair the board meeting.� Each
ex officio member of the board may designate two employees of the ex officio
member's department or agency, one of whom may represent the ex officio member
at meetings of the board
, except that any such designee shall not serve as
chairperson of the board or otherwise preside over or chair any board meeting
.�
A designee may lawfully vote and otherwise act on behalf of the member for whom
the person constitutes the designee. Any such designation shall be in writing
delivered to the board and shall continue in effect until revoked or amended by
writing delivered to the board.

���� e.���� The powers of the
corporation shall be vested in the voting members of the board thereof and a
majority of the appointed members of the board who are authorized to vote shall
constitute a quorum at any meeting thereof.� Actions may be taken and motions and
resolutions adopted by the board at any meeting thereof by the affirmative vote
of a majority of the appointed members who are authorized to vote.� No vacancy
in the membership of the board shall impair the right of a quorum to exercise
all the rights and perform all the duties of the board.�

���� f.���� A true copy of the
minutes of every meeting of the board shall be delivered forthwith, by and
under the certification of the secretary thereof, to the Governor.� No action
taken at such meeting by the board shall have force or effect until approved by
the Governor or until 10 days after such copy of the minutes shall have been
delivered.� If, in said 10-day period, the Governor returns such copy of the
minutes with veto of any action taken by the board or any member thereof at
such meeting, such action shall be null and of no effect.� The Governor may
approve all or part of the action taken at such meeting prior to the expiration
of the said 10-day period.�

���� g.��� (1)� The board meetings
shall be subject to the provisions of the "Senator Byron M. Baer Open
Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), except that any
agenda related to a meeting of the corporation's board of directors shall be
provided to the public at least
[
five
]

seven

calendar days prior to the meeting and except that one-half of the total number
of meetings of the board shall be held in the evening after 6:00 p.m.� Agendas
may be revised up to 48 hours prior to the meeting in the case of emergencies
requiring immediate action.� Each notice of a board meeting and each agenda for
a board meeting shall be published on the corporation's website.� Board
meetings shall be viewable on the corporation's website in real time and shall
be archived and made available to the public for subsequent viewing on the
corporation's website.� Meeting minutes shall be archived and published on the
corporation's website.�

���� (2)�� The board shall hold a
minimum of 10 public board meetings per year
provided that the board shall
not allow more than 60 calendar days to elapse without holding a public board
meeting
.� Public hearings held pursuant to subsection d. of section 8 of
P.L.1979, c.150 (C.27:25-8) shall not be considered public board meetings for
the purposes of this subsection.

����
(3)�� A board member may
request, through the Office of the Chairperson, that a topic or item be
included for discussion or board action at a future board meeting.

(cf: P.L.2018, c.162, s.1)

���� 2.��� Section 2 of P.L.2018,
c.162 (C.27:25-4.1) is amended to read as follows:

���� 2.��� a.� The board of
directors of the corporation shall:

���� (1)�� Execute oversight of the
corporation's executive director and other management in the effective and
ethical management of the corporation, including
but not limited to

review and approval of any fare changes and the elimination or substantial
curtailment of
paratransit service,
motorbus regular route service, rail
passenger service, or light rail service;

���� (2)�� Understand, review, and
monitor the implementation of fundamental financial and management controls and
operational decisions of the corporation, including
but not limited to

review and approval of any fare changes
[
and
]

,
the
elimination or substantial curtailment of
paratransit service,
motorbus
regular route service, rail passenger service, or light rail service
, and any
major planning document, including but not limited to any strategic plan,
capital plan, unconstrained capital plan, or any other planning document that
purports to portray the corporation�s vision for the future
;

���� (3)�� Establish policies
regarding the payment of salary, compensation, and reimbursements to, and
establish rules for the time and attendance of, the executive director and
management,
including the formal direct hiring of the Executive Director,
Director of the Office of Customer Advocate, and Auditor General and the formal
approval of hiring by the Executive Director for any candidate to be hired to
serve in a Senior Vice President or Chief role including but not limited to the
following corporate roles or highest level management positions for the
following subject matters: Surface Transit and General Manager of Bus
Operations; Chief Financial Officer and Treasurer; Chief of Police and Office
of Emergency Management; General Manager of Rail Operations; Capital Programs;
Communications and Customer Experience; Chief Administrative Officer;
Regulatory and Government Affairs; Chief of Staff; and Chief Safety Officer,

provided that nothing in P.L.2018, c.162 (C.27:25-4.1 et al.) shall be
construed to apply civil service rules and regulations to the corporation;

���� (4)�� Adopt a code of ethics,
in consultation with the chief ethics officer, applicable to each board member,
officer, and employee that, at a minimum, includes the applicable standards
established by State law;

���� (5)�� Require that the
corporation establish written policies and procedures on personnel including
policies protecting employees from retaliation for disclosing information
concerning acts of wrongdoing, misconduct, malfeasance, or other inappropriate
behavior by an employee of the corporation;

���� (6)�� Adopt a policy that
provides guidelines for when it is appropriate for the chief ethics officer to
forward the results and findings of a preliminary investigation conducted by
the chief ethics officer to the State Ethics Commission, Office of the Attorney
General, county prosecutor's office, or any other appropriate agency for
further investigation or action;

���� (7)�� Adopt a defense and
indemnification policy and disclose such policy to any and all prospective
board members; and

���� (8)��
[
Adopt
]

Develop
and adopt
corporate bylaws, which shall be reviewed and updated
within
180 days of the effective date of P.L. , c.���
(C.������� ) (pending before the Legislature as this bill) to ensure
consistency with P.L.1979, c.150 (C.27:25-1 et al.), P.L.2018, c.162
(C.27:25-4.1 et al.), and P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) and
at least once every five years
thereafter
.�

The board shall ensure that the bylaws are made available to the public upon
request and are published on the corporation�s website.

���� b.��� (1)� The members of the
board shall perform each of their duties as board members, including but not
limited to those imposed by this section, in good faith and with that degree of
diligence, care, and skill which an ordinarily prudent person in like position
would use under similar circumstances, and may take into consideration the
views and policies of any elected official or body, or other person and
ultimately apply independent judgment in the best interest of the corporation,
its mission, and the public.

���� (2)�� At the time that a board
member takes and subscribes the board member's oath of office, or within 60
days after the effective date of P.L.2018, c.162 (C.27:25-4.1 et al.) if the
board member has already taken and subscribed the board member's oath of office,
the board member shall execute an acknowledgement, in a form developed by the
corporation, in which the board member shall, at a minimum:

���� (a)�� acknowledge that the
board member understands that a board member has an obligation to perform
duties and responsibilities to the best of the board member's abilities, in
good faith and with proper diligence and care, consistent with the enabling
compact, mission, and by-laws of the corporation and the applicable laws of
this State; and that the duty to the corporation is derived from and governed
by its mission;

���� (b)�� acknowledge that the
board member understands the board member's duty of loyalty and care to the
corporation and commitment to the corporation's mission and the public
interest; and the board member's obligation to act in the best interests of the
corporation and the people whom the corporation serves;

���� (c)�� agree that a board
member has an obligation to become knowledgeable about the mission, purpose,
functions, responsibilities, and statutory duties of the corporation and, when
necessary, to make reasonable inquiry of management and others with knowledge and
expertise so as to inform the board member's decisions;

���� (d)�� agree to exercise
independent judgment on all matters before the board;

���� (e)�� agree not to divulge
confidential discussions and confidential matters that come before the board
for consideration or action;

���� (f)�� agree to disclose to the
board and the chief ethics officer any conflicts, or the appearance of a
conflict, of a personal, financial, ethical, or professional nature that could
inhibit the board member from performing the board member's duties in good faith
and with due diligence and care; and

���� (g)�� certify that the board
member does not have any interest in, financial or otherwise, direct or
indirect, or engage in any business or transaction or professional activity or
incur any obligation of any nature, which is in substantial conflict with the
proper discharge of the board member's duties in the public interest.

���� c.���� Individuals appointed
to the board of directors shall participate in training regarding their legal,
financial, and ethical responsibilities as directors of the corporation within
six months of appointment to the board.� Board members shall participate in
continuing training as may be required to remain informed of best practices and
regulatory, legal, financial, and ethical responsibilities and standards.

���� d.��� No board member,
including the chairperson, shall serve as the corporation's executive director,
chief financial officer, or hold any senior management position while serving
as a member of the board.

���� e.���� (1)���� The board of
directors shall establish an audit committee, to be comprised of not less than
three members, who shall possess the necessary skills to understand the duties
and functions of the committee, including having sufficient knowledge in the
areas of finance and accounting.� The audit committee shall meet on at least a
quarterly basis.

���� (2)�� The audit committee
shall review and monitor: the reliability of financial statements and the
adequacy of financial controls; the results of any audit; and compliance with
legal, regulatory, and ethical requirements.� The audit committee shall have
responsibility for supervising and reviewing the work of the internal audit
department, which has responsibility for investigating fraud, waste and abuse
within and affecting the agency.�
The Auditor General and internal audit
department shall report directly to the audit committee and the board of
directors and shall be independent of any supervision of the executive
director, unless the board and audit committee authorize or require such
supervision.� In furtherance of this purpose, the corporation shall make
available to the board, in a centralized database that is easily accessible to
all board members, any documents in final form regarding an audit.� In the
absence of such a centralized database, the corporation shall make any such
document available to a board member upon request of the board member.

���� f.���� (1)� The board of
directors shall establish an administration committee to be comprised of not
less than three independent members, who shall possess the necessary skills to
understand the duties and functions of the committee; provided, however, that
in the event that a board has less than three independent members, the board
may appoint non-independent members to the committee, provided that the
independent members shall constitute a majority of the members of the
committee.� The administration committee shall meet on at least a quarterly
basis.

���� (2)�� The administration
committee shall: advise the board of directors on financial matters, including,
but not limited to, proposed budgets including the capital program, major
expenditures of the corporation, and all financial policies; receive a�
bi-monthly report from the head of the Office of Equal Opportunity and
Affirmative Action, or any successor office, which shall also be provided to
the executive director, regarding the activities of that office, including a
summary of the nature and number of the complaints involving discrimination or
harassment received by that office and any actions taken by that office in
response to those complaints; receive a bi-monthly report from the director of
the Human Resources Office, or any successor office, which shall also be
provided to the executive director, regarding the activities of that office,
including a summary of job vacancies, job postings, new employees,
reclassification of job titles, retirements, terminations, disciplinary
actions, and any other personnel decisions; and meet at least annually with
representatives of the labor organizations representing employees of the
corporation.� Reports shall not include any personally identifiable information
or personnel information protected under state or federal law.

����
(3)�� Senior management of
the corporation shall collaborate with the administration committee on the
development of any major fiscal item, including but not limited to proposed
budgets including the capital program, major expenditures of the corporation,
and all financial policies.� Until a major fiscal item has been presented to
the administration committee, the corporation shall not submit the fiscal item
to any other department of State government or a metropolitan planning
organization as part of the budget process, shall not take any internal action
to officially adopt the item such as the enactment of an agency wide or
departmental policy or procedure, and shall not provide any public statements
or press releases treating the fiscal item as though it has been enacted or
adopted.� Once a major fiscal item has been presented before the administration
committee, if the members of the committee find that the fiscal item should not
advance or needs to be modified, the board may vote, at a subsequent board
meeting, to require the corporation to take such action as recommended by the
administration committee.

���� g.��� (1)� The board of
directors shall establish an operations and customer service committee, to be
comprised of not less than three independent members, who shall possess the
necessary skills to understand the duties and functions of the committee.� The
operations and customer service committee shall meet at least on a quarterly
basis.

���� (2)�� The operations and
customer service committee shall: advise the board of directors on day to day
operations and maintenance; review vital statistics including on time
performance, cost of service, and service rationalization; review the
corporation's service plan and service standards; oversee fleet management
plans, strategic planning, and the corporation's business plan; and oversee the
corporation's customer service plan and statistics.

���� h.��� (1)� The board of
directors shall establish a capital planning and privatization committee, to be
comprised of not less than three independent members, who shall possess the
necessary skills to understand the duties and functions of the committee.� The
capital planning and privatization committee shall meet on at least a quarterly
basis.

���� (2)�� The capital planning and
privatization committee shall: review and monitor the status of capital
projects including the annual element of the corporation's five year capital
program; review the rationale for the capital program, its budgets and
schedule, and address fast tracking key projects; oversee the development of
fare policy and technology; and review real estate transactions and route and
service issues that affect private carriers or other properties with which the
corporation does business.

���� i.���� For the purposes of
this section, an "independent member" is one who:

���� (1)�� is not, and in the past
two years has not been, employed by the corporation or an affiliate in an
executive capacity;

���� (2)�� is not, and in the past
two years has not been, employed by an entity that received remuneration valued
at more than $15,000 for goods and services provided to the corporation or
received any other form of financial assistance valued at more than $15,000
from the corporation;

���� (3)�� is not a relative of an
executive officer or employee in an executive position of the corporation or an
affiliate; and

���� (4)�� is not, and in the past
two years has not been, a lobbyist registered under a state or local law and
paid by a client to influence the management decisions, contract awards, rate
determinations, or any other similar actions of the corporation or an affiliate.

���� j.���� Notwithstanding the
provisions of any other law to the contrary, the board shall not directly or
indirectly, including through any subsidiary, extend or maintain credit,
arrange for the extension of credit, or renew an extension of credit, in the
form of a personal loan to or for any officer, board member, or employee, or
equivalent thereof, of the corporation.

����
k.��� In addition to any
functions and responsibilities delegated thereto, each committee of the board
shall serve as an apparatus for members of the committee to obtain information
and to engage in policy discussions within the purview of the committee.� Upon
the request of a committee member, any officer or employee of the corporation
shall provide information or documents to the committee at a time and in a form
and manner determined by the committee.� The Director of the Office of Customer
Advocate or a designee may attend any committee meeting for the purpose of
providing pertinent information or commentary to the members of the committee.�

The chairperson of the North Jersey Passenger Advisory
Committee or a designee and the chairperson of the South Jersey Passenger
Advisory Committee or a designee may provide any committee pertinent
information or commentary to the members of the committee but shall not be
privileged to committee discussion.

����
l.���� Notwithstanding the
allocation of individual board members to the committees established by the
board of directors and the delegation of functions and responsibilities to
those committees, the function and responsibility of each committee shall
remain a function and responsibility of the board of directors and each member
thereof.� The board of directors, and each member thereof, shall remain
authorized and obligated to exercise the functions and fulfill the
responsibilities of each committee.� Each board member in fulfilling these
responsibilities shall apply independent judgment in the best interest of the
corporation, its mission, and the public.

����
m.� Notwithstanding the
establishment of committees pursuant to this section, the board may establish
any ad hoc or temporary committee to address a specific issue that is of
interest to the board or the public.

����
n.� Each committee
established pursuant to this section shall submit a committee report to the
board for each committee meeting.� The report shall include a written summary
of the substance of any discussions and any action taken at the committee
meeting.

(cf: P.L.2018, c.162, s.2)

���� 3.��� Section 3 of P.L.2018,
c.162 (C.27:25-4.2) is amended to read as follows:

���� 3.��� a.�� (1)���� There is
hereby established the North Jersey Passenger Advisory Committee within the New
Jersey Transit Corporation for the purpose of providing advice, input, and
guidance to the corporation and the corporation's board of directors from
customers of the corporation who reside in North Jersey.� The committee shall:
provide advice, input, and guidance to the New Jersey Transit Corporation
[
and
]

,
its
board of directors
and committees thereof, and the Office of Customer
Advocate
on issues affecting the corporation and customers of the
corporation, particularly those issues that affect services provided in the
northern part of the State; review proposals to be considered before the
corporation's board of directors concerning fare increases, curtailment of services,
and expansion of services; and review items listed on the agenda for meetings
of the corporation's board of directors that would increase fares, curtail
services, or expand services and provide written feedback to the board
and
the Office of Customer Advocate
prior to the board meeting concerning those
agenda items.�

���� (2)�� A member of the
committee shall be required to: reside in one of the following counties:
Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean,
Passaic, Somerset, Sussex, Union, or Warren; and either be a regular
corporation motorbus regular route service rider or a regular corporation rail
passenger service or light rail service rider; and primarily use corporation
motorbus regular route service, rail passenger service, or light rail service
in the northern part of the State, or have substantial public transportation
experience.

���� (3)�� The committee shall
consist of 15 voting members, who shall serve a term of four years and without
compensation, to be appointed as follows:

���� three members to be appointed
by the board of the North Jersey Transportation Planning Authority;

����
[
six
]

five
members to be
appointed by the Governor;

����
one member to be appointed
by the Director of the Office of Customer Advocate;

���� one member to be appointed by
the Speaker of the General Assembly;

���� one member to be appointed by
the President of the Senate;

���� one member to be appointed by
the Minority Leader of the General Assembly;

���� one member to be appointed by
the Minority Leader of the Senate;

���� one member to be appointed by
a nonprofit entity, which shall be selected jointly by the Speaker of the
General Assembly and the President of the Senate, with a history of rider
advocacy, encouraging smart growth, and advocating for investment in public transportation
and transit-oriented development initiatives; and

���� one member to be appointed by
a nonprofit entity, which shall be selected jointly by the Speaker of the
General Assembly and the President of the Senate, that serves as a consumer
rail passenger organization in the State.

���� (4)�� The powers of the
committee shall be vested in the members of the committee and a majority of the
appointed members shall constitute a quorum at any meeting thereof.� Actions
may be taken and motions and resolutions adopted by the committee at any meeting
thereof by the affirmative vote of a majority of the appointed members.� The
seat of any member who fails to maintain the requirements established in
paragraph (2) of this subsection shall be deemed vacant.� A vacancy in the
membership of the committee shall not impair the right of a quorum to exercise
all rights and perform all duties of the committee.� Any vacancy in the
membership of the committee shall be filled in the same manner as the original
appointment and for the remainder of the unexpired term.

���� (5)�� The committee shall
elect from among its members a chairperson and vice chairperson.� The
chairperson shall preside over meetings of the committee.� In the absence of
the chairperson, the vice chairperson shall preside over meetings of the
committee.� The chairperson shall have the responsibility of scheduling and
convening all meetings of the committee.� The committee shall designate an
individual to serve as secretary to the committee who need not be a member of
the committee.

���� b.��� (1) �There is hereby
established the South Jersey Passenger Advisory Committee within the New Jersey
Transit Corporation for the purpose of providing advice, input, and guidance to
the corporation and the corporation's board of directors from customers of the
corporation who reside in South Jersey.� The committee shall: provide advice,
input, and guidance to the New Jersey Transit Corporation
[
and
]

,
its
board of directors
and committees thereof, and the Office of Customer
Advocate
on issues affecting the corporation and customers of the
corporation, particularly those issues that affect services provided in the
southern part of the State; review proposals to be considered before the
corporation's board of directors concerning fare increases, curtailment of
services, and expansion of services; and review items listed on the agenda for
meetings of the corporation's board of directors that would increase fares,
curtail services, or expand services and provide written feedback to the board
and
the Office of Customer Advocate
prior to the board meeting concerning those
agenda items.

���� (2)�� A member of the
committee shall be required to: reside in one of the following counties:
Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean,
or Salem; and either be a regular corporation motorbus regular route service
rider or a regular corporation rail passenger service or light rail service
rider; and primarily use corporation motorbus regular route service, rail
passenger service, or light rail service in the southern part of the State, or
have substantial public transportation experience.

���� (3)�� The committee shall
consist of 15 voting members, who shall serve a term of four years and without
compensation, to be appointed as follows:

���� two members to be appointed by
the board members of the Delaware Valley Regional Planning Commission from New
Jersey;

����
[
six
]

five
members to be
appointed by the Governor;

����
one member to be appointed
by the Director of the Office of Customer Advocate;

���� one member to be appointed by
the Speaker of the General Assembly;

���� one member to be appointed by
the President of the Senate;

���� one member to be appointed by
the Minority Leader of the General Assembly;

���� one member to be appointed by
the Minority Leader of the Senate;

���� one member to be appointed by
the board of the South Jersey Transportation Planning Organization;

���� one member to be appointed by
a nonprofit transportation management association, which shall be selected
jointly by the Speaker of the General Assembly and the President of the Senate,
that provides transportation-related services in the southern portion of the
State; and

���� one member to be appointed by
a nonprofit entity, which shall be selected jointly by the Speaker of the
General Assembly and the President of the Senate, that serves as a consumer
rail passenger organization in the State.

���� (4)�� The powers of the
committee shall be vested in the members of the committee and a majority of the
appointed members shall constitute a quorum at any meeting thereof.� Actions
may be taken and motions and resolutions adopted by the committee at any meeting
thereof by the affirmative vote of a majority of the appointed members.� The
seat of any member who fails to maintain the requirements established in
paragraph (2) of this subsection shall be deemed vacant.� A vacancy in the
membership of the committee shall not impair the right of a quorum to exercise
all rights and perform all duties of the committee.� Any vacancy in the
membership of the committee shall be filled in the same manner as the original
appointment and for the remainder of the unexpired term.

���� (5)�� The committee shall
elect from among its members a chairperson and vice chairperson.� The
chairperson shall preside over meetings of the committee.� In the absence of
the chairperson, the vice chairperson shall preside over meetings of the
committee.� The chairperson shall have the responsibility of scheduling and
convening all meetings of the committee.� The committee shall designate an
individual to serve as secretary to the committee who need not be a member of
the committee.

���� c.���� A person serving as a
member of the South Jersey Passenger Advisory Committee shall not be eligible
to simultaneously serve as a member of the North Jersey Passenger Advisory
Committee.� A person serving as a member of the North Jersey Passenger Advisory
Committee shall not be eligible to simultaneously serve as a member of the
South Jersey Passenger Advisory Committee.

���� d.��� One public member from
the corporation's board of directors shall serve as a liaison to each advisory
committee.

(cf: P.L.2018, c.162, s.3)

���� 4.��� (New section)� a.�
Before adopting and implementing its annual capital program, the corporation
shall hold at least two public hearings on the contents of the capital
program.� At least one of the two hearings shall take place on a State working
day.� One hearing shall take place for at least two hours between the hours of
9:00 a.m. and 5:00 p.m., and the other hearing shall take place for at least
two hours between the hours of 6:00 p.m. and 10:00 p.m.� Each public hearing
required pursuant to this subsection shall be attended by at least two members
of the corporation's board of directors.� Proper notice of the hearing shall be
given by the corporation at least 15 days prior to the hearing.� In addition to
the public hearing, the corporation shall post, in prominent places on the
corporation�s website and railroad cars and buses, a postal mailing address and
electronic mailing address where members of the public may provide written
comments to the corporation regarding the capital program.� The corporation shall
prepare and publish a written response concerning any issue or concern raised
by a member of the public at any public hearing or in any written comment
provided pursuant to this subsection.

���� b.��� The corporation shall
hold at least two public hearings per year on the corporation�s strategic plan,
capital program priorities, and vision for the future of the corporation.� At
least one of the two hearings shall take place on a State working day.� One
hearing shall take place for at least two hours between the hours of 9:00 a.m.
and 5:00 p.m., and the other hearing shall take place for at least two hours
between the hours of 6:00 p.m. and 10:00 p.m.� The second hearing shall not be
held within 30 days of the first meeting.� Each public hearing required
pursuant to this subsection shall be attended by at least two members of the
corporation's board of directors.� Proper notice of the hearing shall be given
by the corporation at least 15 days prior to the hearing.� In addition to the
public hearing, the corporation shall post, in prominent places on the
corporation�s website and railroad cars and buses, a postal mailing address and
electronic mailing address where members of the public may provide written comments
to the corporation regarding the corporation�s strategic plan, capital program
priorities, and vision for the future of the corporation.� The corporation
shall prepare and publish a written response concerning any issue or concern
raised by a member of the public at any public hearing or in any written
comment provided pursuant to this subsection.

���� c.���� In any circumstance
where board action is required concerning the subject matter of a public
hearing, the board shall not take final action concerning the subject matter
until at least seven days following the conclusion of the last public hearing.

���� d.��� The corporation may hold
a public hearing that simultaneously satisfies the requirements of one of the
public hearings required pursuant to subsection a. of this section, subsection
b. of this section, paragraph (1) of subsection d. of section 8 of P.L.1979,
c.150, (C.27:25-8); and paragraph (2) of subsection d. of section 8 of
P.L.1979, c.150 (C.27:25-8), or a combination thereof, provided that the
hearing meets all of the statutory requirements for the respective hearing if
held on its own and that members of the public are afforded at least three
minutes to speak for each public hearing requirement being satisfied.

���� 5.��� (New section)� a.� There
is hereby established in the Department of Transportation the Office of
Customer Advocate to be under the supervision of the Director of the Office of
Customer Advocate.� For the purposes of complying with the provisions of Article
V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of
Customer Advocate is hereby allocated to the Department of Transportation but,
notwithstanding this allocation, the office shall be independent of any
supervision or control by the department, provided, however, that the director
of the office shall be supervised by the New Jersey Transit Corporation board
of directors.

���� b.��� The Director of the
Office of Customer Advocate shall be appointed by the New Jersey Transit
Corporation board of directors and shall report directly to the board.� Except
for supervision by the board of directors, the director of the office shall not
be subject to any supervision or control by the executive director of the
corporation or any other staff of the corporation.� For purposes of office work
space, the director of the office and any subordinate staff shall be housed
with the corporation�s Auditor General and any other internal audit staff.

���� c.���� When exceptional
circumstances arise, the Director of the Office of Customer Advocate, with the
approval of the State Treasurer, may on a temporary basis retain such expert
assistants as are necessary to protect the public interest, pursuant to a
reasonable fee schedule established in advance by the State Treasurer.� For the
purposes of this subsection, �exceptional circumstances� includes but is not
limited to fare increases, substantial curtailments of service, significant
expansions of service, and major operating or capital expenditures.

���� d.��� The purposes of the
Office of Customer Advocate shall be to:

���� (1) �provide information and
independent analysis to the board of directors on the impact that board and
corporation actions are having, or are expected to have, on the corporation�s
customers;

���� (2) �provide genuine customer
input and feedback to the board of directors, including relaying the needs and
concerns of customers to the board of directors; and

���� (3) �represent the best
interest of the corporation�s customers as determined by the Director of the
Office of Customer Advocate.

���� e.���� The Office of Customer
Advocate shall have the authority to conduct investigations, initiate studies,
conduct research, present comments and testimony before the board of directors,
legislative committees, and other governmental bodies, and prepare and issue
reports. The Office of Customer Advocate shall arrange for meetings with New
Jersey Transit Corporation passengers, which shall occur at least on a monthly
basis, for the purpose of: relaying the concerns and needs of passengers to the
board of directors and, when the director of the office deems it appropriate,
to the executive management team of the corporation; and providing information
to passengers on major board or corporation actions of which the director has
knowledge.� In addition to monthly meetings, the director of the office may
undertake any other action that the director deems to be in furtherance of the
purposes of the Office of Customer Advocate.� The Office of Customer Advocate
shall also have the authority to represent the public interest as follows:

���� (1)�� for any proposed fare
increase, the corporation, upon publication of a proposal to increase fares,
shall make available immediately to the Office of Customer Advocate all
information and documents concerning the proposal so that the office may review
those documents and prepare an analysis of the proposed fare increase, to be
reported to the board of directors, including an independent determination of
the need for such an increase and the anticipated impact of the increase on
customers;

���� (2)�� for any proposed
substantial curtailment of service, the corporation, upon publication of a
proposal to substantially curtail service, shall make available immediately to
the Office of Customer Advocate all information and documents concerning the
proposal so that the office may review those documents and prepare an analysis
of the proposed substantial curtailment of service, to be reported to the board
of directors, including an independent determination of the need for such a
curtailment and the anticipated impact of the curtailment on customers;

���� (3)�� for any proposed
expansion of service, whether operational or capital in nature, the
corporation, upon inclusion of a capital program item to expand service or the
publication of a time table or schedule that includes newly added service,
shall make available immediately to the Office of Customer Advocate all
information and documents concerning the proposal so that the office may review
those documents and prepare an analysis of the proposed expansion of service,
to be reported to the board of directors; and

���� (4)�� for any other action or
omission of the corporation that the Office of Customer Advocate determines has
a significant impact on the corporation�s customers, the corporation shall make
available to the Office of Customer Advocate, immediately upon request, all
information and documents concerning the action or omission so that the office
may review those documents and prepare an analysis to be reported to the board
of directors.

���� f.���� Funds for the expenses
of the Office of Customer Advocate, and for the office�s budget, shall be
provided by the State Treasurer, as appropriated by the Legislature, and shall
be independent of funds for the New Jersey Transit Corporation.

���� g.��� On or before March 31 of
each year, the Director of the Office of Customer Advocate shall prepare a
report on the activities of the office for the previous calendar year,
including any reports provided to the corporation�s board of directors.� The
report may include any additional information that the Director of the Office
of Customer Advocate determines to be appropriate.� The director shall submit
the report to the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature.

���� 6.��� Section 22 of P.L.1984,
c.73 (C.27:1B-22) is amended to read as follows:

���� 22.� The commissioner shall
prepare and submit the following reports to the Governor, the Legislature, and
the Transportation Policy Review Board, established pursuant to section 6 of
P.L.2006, c.3 (C.27:1B-22.2) under the terms set forth below: a Transportation
Master Plan, a Statewide Capital Investment Strategy, an Annual Transportation
Capital Program, a Transportation Trust Fund Authority Financial Plan, and a
Five-Year Capital Plan.

���� a.���� To the end that the
transportation system of the State shall be planned in an orderly and efficient
manner and that the Legislature shall be advised of the nature and extent of
public highways, public transportation projects and other transportation projects
contemplated to be financed under this act, the department shall submit a
master plan, as provided in subsection (a) of section 5 of P.L.1966, c.301
(C.27:1A-5).� Notwithstanding the provisions of that act, the plan shall be for
a period of five years and shall be submitted to the Commission on Capital
Budgeting and Planning, the Chairman of the Senate Transportation Committee and
the Chairman of the Assembly Transportation and Independent Authorities
Committee, or their successors, and the Legislative Budget and Finance Officer,
and the metropolitan planning organizations, on or before March 1, 2001, and at
five-year intervals thereafter.� The master plan shall set the direction for
the department's overall Capital Investment Strategy and subsequent annual
Transportation Capital Programs submitted to the Legislature for approval
pursuant to this section.� This master plan shall, to the extent practicable,
conform to all federal requirements for Statewide transportation planning.

���� b.��� The Department of
Transportation, in conjunction with the New Jersey Transit Corporation, the New
Jersey Turnpike Authority, and the South Jersey Transportation Authority, shall
prepare a "Statewide Capital Investment Strategy" for at least a five-year
period which shall contain, at a minimum, a statement of the goals of the
department, the corporation, and the toll road authorities in major selected
policy areas and the means by which the goals are to be attained during that
period, using quantitative measures where appropriate. The Statewide Capital
Investment Strategy may be updated and submitted no later than March 1 of each
year.� The Statewide Capital Investment Strategy shall provide for a
multi-modal, intermodal, seamless, technologically advanced, and secure
transportation system.� It shall recommend investment for major program
categories, set overall goals for investment in the State's infrastructure, and
develop program targets and performance measures.� It may rely on
infrastructure management systems as developed by the department to assess
bridge conditions, pavement conditions, bridge, traffic and pedestrian safety,
traffic congestion and public transit facilities. With respect to pavement
conditions, the department shall set as a priority the utilization of efficient
cost-effective materials and treatments as stated in section 9 of P.L.2000,
c.73 (C.27:1B-21.22). In the event that there exist appropriate circumstances
for the use of micro-surfacing and cold-in-place recycling, the department
shall establish as a special priority the use of these materials and surface
treatments.� The goals of the Capital Investment Strategy shall include, but
not be limited to, reduction of vehicular and pedestrian accidents, reduction
in the backlog of projects, including one-half of the structurally deficient
bridge repair projects and pavement deficiencies, and an increase in lane miles
of bicycle paths, with a goal of constructing an additional 1,000 lane miles of
bicycle paths in five years to reduce traffic congestion and for recreational
uses. The construction of bicycle and pedestrian lanes, paths and facilities
shall be subject to no stricter environmental requirements than are provided
pursuant to federal law and regulations for such lanes, paths and facilities,
notwithstanding the provisions to the contrary of State law and regulations,
including State Executive Order No. 215 of 1989.� With respect to the New
Jersey Transit Corporation, the Statewide Capital Investment Strategy shall
deal with the corporation's overall goal to keep the public transportation
system in a state of good repair and, more specifically, in the area of bus
transportation, present a strategy and a preliminary timetable for the
replacement of the current diesel bus fleet with a fleet of buses which have
reduced emission of air pollutants.� The corporation shall consider the
feasibility of buses with improved pollution controls and that reduce
particulate emissions and buses powered by fuel other than conventional diesel
fuel, such as compressed natural gas vehicles, hybrid vehicles, fuel cell
vehicles, biodiesel vehicles, vehicles operated on ultra low sulfur fuel, and
vehicles operated on any other bus fuel approved by the United States Environmental
Protection Agency. The corporation may consider as part of its strategy,
cooperative efforts with bus manufacturers, and the solicitation of federal
support, in developing a "clean bus" with air pollution controls
superior to currently available technology.� For the fiscal year beginning July
1, 2007 and each fiscal year thereafter, all buses purchased by the New Jersey
Transit Corporation shall be buses with improved pollution controls and that
reduce particulate emissions, or buses powered by fuel other than conventional
diesel fuel, such as compressed natural gas vehicles, hybrid vehicles, fuel
cell vehicles, biodiesel vehicles, vehicles operated on ultra low sulfur fuel,
or vehicles operated on any other bus fuel approved by the United States
Environmental Protection Agency.� In the event that the corporation is not able
to meet the bus purchase requirements set forth in this section with respect to
any fiscal year, prior to the commencement of the fiscal year, the board of the
corporation shall, by resolution, submit a report to the Legislature detailing
its inability to meet the requirements and the reasons therefor and shall
submit the report to the Senate and General Assembly when both houses are in
session, including therein a request to be exempted from the bus purchase requirements
of this section with regard to the fiscal year in question.� The President of
the Senate and the Speaker of the General Assembly shall cause the date of
submission to be entered upon the Senate Journal and the Minutes of the General
Assembly.� If a joint resolution approving the exemption is passed by the
Legislature and signed by the Governor prior to the commencement of the fiscal
year in question, the corporation shall be exempt from the requirements for
that fiscal year.

���� In the fiscal year beginning
on July 1, 2007 and in each fiscal year thereafter, in the year prior to the
year in which final engineering is anticipated to start on any project which
extends the reach of the New Jersey Transit rail or light rail system, the New
Jersey Transit Corporation shall be required to identify and include in the
annual Statewide Capital Investment Strategy the required State financial
assistance to support operation of the incremental service for the first three
years and the projected fare box recovery ratio at the commencement of the
fourth year of operation of each project.

���� The Statewide Capital
Investment Strategy shall also detail the planned investment of capital funds
for public transportation projects of companies other than the New Jersey
Transit Corporation engaged in the business of providing motor bus
transportation.� The Statewide Capital Investment Strategy shall demonstrate
that such investment adequately addresses the finding in section 2 of P.L.1979,
c.150 (C.27:25-2) that in the provision of public transportation services it is
desirable to encourage to the maximum extent feasible the participation of
private enterprise.

���� c.���� On or before March 1 of
each year, the commissioner shall submit a report of
[
general project categories and
]
proposed
capital

projects
[
thereunder
]
to be
financed in the ensuing fiscal year, including therewith a description of the
projects, the county or counties and municipality or municipalities within
which they are to be located, a distinction between State and local projects,
an identification number for each project that can be used to cross reference
any project in the State's federal Statewide Transportation Improvement
Program, the project phase of work, investment category, project sponsor,
governmental entity with jurisdiction over the project and associated
infrastructure, the amount estimated to be expended on each project in the year
of appropriation, and an estimate of the total project cost.�
Proposed
appropriations shall be included in the report as a unique project if the
spending includes one or more contracts for related work of more than $100,000
at a single site, or for a single contract of at least $100,000 which includes
one type of work at multiple locations that is not related to any other capital
work required at those locations.� The report shall not group or bundle
projects unless the act of grouping or bundling complies with the single site
requirement or single contract requirement of this section.� Any group or
bundle of projects that is included in the report shall provide specific
information concerning the project details, including location, of each
component project within the group or bundle.� The reporting of projects should
convey a general sense of the scope and scale of work that is intended to be
completed over the course of the fiscal year.

���� This report shall be known as
the "Annual Transportation Capital Program" for the upcoming fiscal
year.� It shall include proposed projects of both the Department of
Transportation and the New Jersey Transit Corporation.� The program shall be consistent
with, and reflective of, the goals and priorities of the Capital Investment
Strategy and the program shall include an explanation which demonstrates how it
is consistent with, and reflective of, the goals and priorities.�
The
program shall be transmitted to the Legislature in a document format that lists
the projects as well as a spreadsheet format that includes sortable fields for
each of the data points required to be included for each project in the
program.

���� d.��� On or before March 1 of
each year, the commissioner shall also submit a "Transportation Trust Fund
Authority Financial Plan" designed to implement the financing of the
proposed projects.� The financial plan shall contain an enumeration of the bonds,
notes or other obligations of the authority which the authority intends to
issue, including the amounts thereof and the conditions therefor. The financial
plan shall set forth a complete operating and financial statement covering the
authority's proposed operations during the ensuing fiscal year, including
amounts of income from all sources, including but not limited to the proceeds
of bonds, notes or other obligations to be issued, as well as interest earned.�
In addition, the plan shall contain proposed amounts to be appropriated and
expended, as well as amounts for which the department anticipates to obligate
during the ensuing fiscal year for any future expenditures.

���� e.���� The Statewide Capital
Investment Strategy, the Annual Transportation Capital Program, and the
Transportation Trust Fund Authority Financial Plan shall be submitted to the
Senate and General Assembly.� Within 45 days of the receipt thereof, the Senate
or the General Assembly may object in writing to the commissioner in regard to
any project or projects in the Annual Transportation Capital Program it
disapproves or which it is of the opinion should be modified or added to or any
additional or alternative projects considered or in regard to any element of
the financial plan.� The commissioner shall consider the objections and
recommendations and resubmit the report within 10 days, containing therein any
modifications based upon the commissioner's consideration of the objections or
recommendations.

���� f.���� In order that the
Legislature shall be advised of the nature and extent of public highways,
public transportation projects, and other transportation projects contemplated
to be financed under this act, the commissioner shall submit annually, together
with the Annual Transportation Capital Program, a Five-Year Capital Plan, which
shall set forth projects and programs anticipated to be funded over the
five-year period. The Five-Year Capital Plan shall, to the extent practicable,
conform to all federal requirements for Statewide transportation capital
programming.

(cf: P.L.2016, c.56, s.6)

���� 7.��� Section 16 of P.L.2018,
c.162 (C.27:25-5.27) is repealed.

���� 8.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides for changes
to the New Jersey Transit Corporation (NJ Transit) enabling statues to increase
transparency and accountability and the independence of NJ Transit board
members.

Election of the vice chairperson

���� The bill provides that the
vice chairperson of the NJ Transit board of directors is to be elected from
among the public voting members of the board.� The vice chairperson is to serve
for a two year term.� The bill prohibits an ex officio member from serving as
the vice-chairperson of the board.� The bill also prohibits designees of ex
officio members from presiding over any board meeting.

Public Meetings

���� The bill requires that board
agendas be provided to the public seven calendar days prior to the meeting and
that the board is not to allow more than 60 calendar days to elapse without
holding a public board meeting.� The bill authorizes any board member to request,
through the office of the chair, that a topic of item be included for
discussion or board action at a future board meeting.

Board Hiring

���� This bill requires that the
board of directors directly hire the Executive Director, Director of the Office
of Customer Advocate, and Auditor General. It also requires board approval of
hiring by the Executive Director for certain positions including all positions at
the level of Senior Vice President and Chief.

Board and Committee Transparency
and Accountability

���� The bill subjects major
planning documents to review and approval by the board of directors. �The board
is also required to review and approve any substantial curtailment or
elimination of paratransit service.� The bill requires the board to take an
active role in developing corporate bylaws and to adopt new bylaws within 180
days of the effective date of the bill to ensure consistency with statutory law
governing NJ Transit.� The board is required to ensure that the bylaws are
available to the public and published on NJ Transit�s website.

���� Under the bill, NJ Transit
personnel are required to make audit documents in their final form available to
the members of the board in a centralized database.� If NJ Transit has not yet
established a centralized database for these documents, the bill requires that
the documents be made available to a board member upon request.� The bill
requires NJ Transit senior management to collaborate with the administration
committee on the development of any major fiscal item.� NJ Transit is
prohibited from taking certain action concerning a major fiscal item until the
major fiscal item has been presented to the administration committee.� If the
members of the administration committee find that the major fiscal item should
not advance or needs to be modified, the full board may, at a subsequent board
meeting, require NJ Transit to take action.

���� The bill provides that the Auditor
General and internal audit department of NJ Transit are to report directly to
the audit committee and the board of directors and are to be independent of the
supervision of the Executive Director, unless specifically authorized by the
audit committee or the board.�

���� The bill clarifies that each
committee of the board is to serve as an apparatus for members of the committee
to obtain information and to engage in policy discussions within the purview of
the committee.� Upon request of a committee member, NJ Transit personnel is
required to provide information to the committee at a time and in a form and
manner determined by the committee.

���� � The bill permits the
establishment of any ad hoc or temporary committee to address a specific issue
of interest to the board or the public. Each committee, standing or temporary, is
to submit a committee report to the board for each committee meeting, which is
to include the written summary of the substance of any discussions and any
action taken at the committee meeting.

���� The bill states that the
Director of the Office of Customer Advocate, or the director�s designee, may
attend any committee meeting to provide pertinent information or commentary to
the committee.� The chairperson of each passenger advisory committee is
authorized to provide pertinent information to any committee but is not
privileged to committee discussion. �The bill also clarifies that the board and
each member of the board remain authorized and obligated to exercise the
functions and responsibilities of each committee and emphasizes that each board
member is required to apply independent judgment while fulfilling the board
member�s duties.

Customer Advocate

���� This bill repeals a provision
of law that requires NJ Transit to employ a customer advocate and, instead,
establishes the Office of Customer Advocate (Customer Advocate) to: provide
information and independent analysis to the NJ Transit board of directors on
the impact that board and NJ Transit actions are having, or are expected to
have, on NJ Transit�s customers; provide genuine customer input and feedback to
the board of directors, including relaying the needs and concerns of customers
to the board of directors; and represent the best interest of NJ Transit�s
customers as determined by the Director of the Office of Customer Advocate.�
The Customer Advocate is allocated within the Department of Transportation but
is independent of any supervision or control by the department, provided,
however, that the director of the office is to be supervised by NJ Transit�s
board of directors.

���� The Customer Advocate is
authorized to conduct investigations, initiate studies, conduct research,
present comments and testimony before the board of directors, legislative
committees, and other governmental bodies, and prepare and issue reports.� The
Customer Advocate is required to arrange for meetings with NJ Transit
passengers, on at least a monthly basis, for the purpose of: relaying the
concerns and needs of passengers to the board of directors and the executive
management team of NJ Transit; and providing information to passengers on major
board or NJ Transit actions of which the director has knowledge.� In addition
to monthly meetings, the director of the office may undertake any other action
that the director deems to be in furtherance of the Customer Advocate�s
purposes.� The Customer Advocate also has the authority to represent the public
interest regarding proposed fare increases, proposed substantial curtailments
of service, proposed expansion of service, and any other action or omission of NJ
Transit that the Customer Advocate determines has an impact on NJ Transit�s
customers.

���� The Customer Advocate is
required to issue an annual report detailing the office�s activities for the
prior year.

���� The bill reduces the number of
persons appointed by the Governor to each passenger advisory committee from six
to five and instead authorizes the Director of the Office of Customer Advocate
to appoint one person to each passenger advisory committee.� The bill also
directs the passenger advisory committees to provide advice, input, and
guidance to the Office of Customer Advocate.

Capital Program Public Hearing
and Reporting

���� The bill requires NJ Transit
to hold at least two public hearings concerning the contents of the annual
capital program before it adopts and implements the program.� The bill also
requires NJ Transit to hold at least two public hearings per year on its strategic
plan, capital program priorities, and vision for NJ Transit�s future.� The bill
provides requirements for the public hearings.

���� This bill amends the
requirements for the annual transportation capital program report that is
annually submitted to the Legislature as part of the annual budget process.�
This report is a recommendation provided by the Department of Transportation
and NJ Transit for how the State should appropriate the State�s capital program
appropriations from the New Jersey Transportation Trust Fund.�

���� The bill requires that the
reporting of capital projects in the report be more specific by narrowing the
scope of what is to be reported as a project down to the level of each contract
of $100,000 or more, or a group of contracts totaling more than $100,000 that
are for related work at a single site.� The bill also requires the projects to
be reported in a manner that conveys the scope and scale of work to be
completed over the course of the fiscal year.� These requirements are directed
specifically at the reporting for NJ Transit which has traditionally reported
capital requests in broad categories that obscure the specific capital work to
be completed.�

���� The bill also provides that
the capital program is to be reported in a document format as is currently the
case, and to also require the reporting of capital program information in a
sortable spreadsheet format.