Provides for establishment of three-year pilot program to expand provision of paratransit services in New Jersey.

A2339

ASSEMBLY, No. 2339

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WILLIAM F. MOEN, JR.

District 5 (Camden and Gloucester)

Assemblyman JAMES J. KENNEDY

District 22 (Somerset and Union)

Co-Sponsored by:

Assemblywomen Haider and Reynolds-Jackson

SYNOPSIS

���� Provides for establishment of three-year pilot
program to expand provision of paratransit services in New Jersey.

CURRENT VERSION OF TEXT

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

��

An Act
concerning
the expansion of paratransit services
in New Jersey and supplementing Title 27 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� The Commissioner of
Transportation, in consultation with the Commissioner of Human Services, shall
establish a three-year pilot program to enhance the availability and
accessibility of paratransit and expand the number of community-based
paratransit options for senior citizens and persons with disabilities in the
State, particularly in those areas of the State that are not served by the
State�s Access Link program.�

���� b.��� The commissioner shall
designate at least three regions of the State, one in the southern, one in the
northern, and one in the central parts of the State, in which the pilot program
shall operate.� When designating paratransit service regions pursuant to this
subsection, the commissioner shall consider:�

���� (1)�� the demand for
paratransit services in the region and the number of people who would benefit
from enhanced paratransit services in the region;

���� (2)�� whether, and the extent
to which, the region is served by Access Link.� To the extent practicable,
pilot program service regions shall be designated in areas of the State that
are not well served by Access Link; and

���� (3)�� any other factor deemed
by the Commissioners of Transportation or Human Services to be relevant.

���� c.���� The Commissioner of
Transportation shall solicit applications from, and shall approve a sufficient
number of, community-based organizations to provide paratransit services under
the pilot program.� In order to provide paratransit services under the pilot
program, an applicant shall:�

���� (1)�� be established as a
community-based for-profit or not-for-profit organization.� Community-based
organizations that are dedicated to providing services to senior citizens or to
persons with disabilities shall receive priority consideration for pilot program
participation over other types of community-based organizations;

���� (2)�� certify to the
commissioner that the organization is capable of complying with the
transportation responsibilities established under the pilot program;

���� (3)�� demonstrate that the
organization has a workers� compensation policy, a general liability insurance
policy, and an automobile liability insurance policy that covers all vehicles
that will be used in the provision of paratransit services under the pilot program.�
If a provider fails to demonstrate that it has all three insurance policies and
that each policy is current, the provider shall be prohibited from providing
paratransit services under the pilot program;

���� (4)�� certify that, when
operating under the pilot program, the provider will use vehicles that seat no
less than four passengers, in addition to the driver;

���� (5)�� certify that all drivers
and other staff members employed by the provider are appropriately licensed or
certified to provide transportation services, as required by law;

���� (6)�� comply with all
applicable criminal history record background check requirements imposed by the
commissioner, and not employ any driver or other person who has ever been
convicted of a disqualifying offense, as defined by the commissioner,
regardless of the date of the offense or conviction therefor;�

���� (7)�� register each vehicle to
be used in the pilot program as a �commercial� or �livery� vehicle, as
appropriate, and maintain a current vehicle inspection report for each such
vehicle.� Any vehicle that is not appropriately registered, that does not have
a current vehicle inspection report, or that has failed its most recent vehicle
inspection shall not be used to provide paratransit services under the pilot
program; and

���� (8)�� commit to providing
paratransit services within fifteen minutes of the scheduled pick-up time.

���� d.��� Each community-based
organization that is approved to provide paratransit services under the pilot
program shall ensure that training is completed by the organization�s drivers
and by other staff members who will come into direct contact with a person receiving
paratransit services, either within three months after the organization is
approved to participate in the pilot program or within 30 days after the
employee is hired, whichever is later.� Training shall include instruction on
how to provide appropriate and courteous treatment, how to engage in positive
interactions with, and how to satisfy the special needs of, persons who are
receiving paratransit services under the pilot program.� The Commissioner of
Human Services shall develop and distribute training materials to all approved
community-based paratransit service providers for the purposes of this
subsection.

���� e.���� Each community-based
organization approved to participate in the pilot program shall maintain the
following records and make them available to the Commissioners of
Transportation and Human Services at the conclusion of each year of the pilot
program�s operation or at more frequent intervals as determined by the
commissioner to be appropriate:

���� (1)�� a daily and monthly
paratransit log showing the types of vehicles dispatched, the number of unique
passengers served, and the dedicated routes, if any, or pick-up locations that
were established for and used by each vehicle;

���� (2)�� a log of cases in which
the waiting time for paratransit service was in excess of 15 minutes past the
scheduled pick-up time; and

���� (3)�� a copy of any complaints
received by the provider in relation to the services provided under the pilot
program, including an indication as to whether and how each complaint was
resolved.

���� f.���� Within 90 days after
the conclusion of the three-year pilot program, the Commissioners of
Transportation and Human Services shall jointly prepare and submit a written
report to the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature, evaluating the success of the program.� At
a minimum, the report shall include the following information:�

���� (1)�� the areas of the State
that were designated as paratransit service regions under the pilot program and
the extent to which those service regions were already being served by Access
Link;

���� (2)�� the number and identity
of community-based organizations that were approved to participate in the pilot
program and the designated service regions in which each organization was
assigned to provide services;

���� (3)�� the total number and
average size of vehicles used for paratransit services under the pilot program;

���� (4)�� the total number of
persons served by the pilot program and the locations of such persons in the
State;

���� (5)�� the manner in which
vehicles were dispatched under the pilot program; specifically, whether
vehicles were assigned to particular service routes or were dispatched in
response to individual appointment requests;

���� (6)�� the number and nature of
complaints filed by consumers with respect to the paratransit services provided
under the pilot program and the status and nature of the resolution of those
complaints; and

���� (7)�� a recommendation as to
whether the pilot program should be continued on a permanent, Statewide basis,
including an indication of any concerns associated with permanent
implementation and any recommendations for executive or legislative action that
will be necessary to ensure the program�s success on a permanent, Statewide
basis.�

���� g.��� As used in this section:

���� �Access Link� 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.).

���� �Commissioner� means the
Commissioner of Transportation, acting in consultation with the Commissioner of
Human Services.

���� �Paratransit services� means
the same as that term is defined by section 3 of P.L.1979, c.150 (C.27:25-3).

���� 2.��� The Commissioner of
Transportation, in consultation with the Commissioner of Human Services, shall
adopt rules and regulations, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions
of this act.

���� 3.��� This act shall take
effect on the first day of the fourth month next following the date of
enactment, except that the Commissioners of Transportation and Human Services
may take any anticipatory administrative action in advance thereof as may be
necessary to implement the provisions of this act.� The act shall expire 30
days after the submission of the commissioners� report pursuant to subsection
f. of section 1 of this act.

STATEMENT

���� This bill would require the
Commissioner of Transportation, in consultation with the Commissioner of Human
Services, to establish a three-year pilot program to enhance the availability
and accessibility of paratransit and expand the number of community-based
paratransit options for senior citizens and persons with disabilities in the
State, particularly in those areas of the State that are not served by the
Access Link � the paratransit service that has been 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.).

���� The commissioners, in
consultation with each other, will be required to designate at least three
regions of the State, one in the southern, one in the northern, and one in the
central parts of the State, in which the pilot program will operate.� When designating
paratransit service regions, the commissioners are to consider:� 1) the demand
for paratransit services in the region and the number of people who would
benefit from enhanced paratransit services in the region; 2) whether, and the
extent to which, the region is served by Access Link; and 3) any other factor
deemed to be relevant.� To the extent practicable, pilot program service
regions are to be designated in areas of the State that are not well served by
Access Link.

���� The bill will require the
Commissioner of Transportation to solicit applications from, and approve a
sufficient number of, organizations to provide paratransit services under the
pilot program.� In order to be approved to provide paratransit services under
the pilot program, a service provider will need to:� 1) be a community-based
for-profit or not-for-profit organization (with priority consideration being
given to those community-based organizations that are dedicated to serving
senior citizens or persons with disabilities); 2) certify that the provider is
capable of complying with the transportation responsibilities established under
the pilot program; 3) demonstrate that the provider has a workers� compensation
policy, a general liability insurance policy, and an automobile liability
insurance policy that covers all vehicles that will be used in the provision of
paratransit services under the pilot program; 4) certify that, when operating
under the pilot program, the provider will use vehicles that seat no less than
four passengers, in addition to the driver; 5) certify that all drivers and
other staff members employed by the provider are appropriately licensed or
certified to provide transportation services, as required by law; 5) comply
with all applicable criminal history record background check requirements
imposed by the Commissioner of Transportation, in consultation with the
Commissioner of Human Services, and not employ any driver or other person who
has ever been convicted of a disqualifying offense, regardless of the date of
the offense or conviction therefor; 6) register each vehicle to be used in the
pilot program as a �commercial� or �livery� vehicle, as appropriate, and
maintain a current vehicle inspection report for each such vehicle; and 7)
commit to providing paratransit services within fifteen minutes of the
scheduled pick-up time.

���� Each community-based
organization approved to participate in the pilot program will also be required
to ensure that training is completed by the organization�s drivers and by other
staff members who will come into direct contact with a person receiving paratransit
services, either within three months after the organization is approved to
participate in the pilot program or within 30 days after the employee is hired,
whichever is later.� Training is to include instruction on how to provide
appropriate and courteous treatment, how to engage in positive interactions
with, and how to satisfy the special needs of, persons who are receiving
paratransit services under the pilot program.� The Commissioner of Human
Services will be required to develop and distribute training materials to all
approved providers.

���� Each community-based
organization approved to participate in the pilot program will be required to
maintain the following records and make them available to the commissioners at
the conclusion of each year of the pilot program�s operation or at more frequent
intervals as determined by the commissioners to be appropriate:� 1) a daily and
monthly paratransit log showing the types of vehicles dispatched, the number of
unique passengers served, and the dedicated routes, if any, or pick-up
locations that were established for and used by each vehicle;� 2) a log of
cases in which the waiting time for paratransit service was in excess of 15
minutes past the scheduled pick-up time; and 3) a copy of any complaints
received by the provider in relation to the services provided under the pilot
program, including an indication as to whether and how each complaint was
resolved.

���� Within 90 days after the
conclusion of the three-year pilot program, the commissioners will be required
to jointly prepare and submit a written report to the Governor and the
Legislature, evaluating the success of the program.� The report is to include certain
details about the program, as specified by the bill, as well as an indication
as to whether the pilot program should be continued on a permanent, Statewide
basis and recommendations for any executive or legislative action that will be
necessary to ensure the program�s ongoing success, if continued.�