Prohibits NJTA and SJTA from charging and collecting tolls.

A4546

ASSEMBLY, No. 4546

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblyman� BRIAN BERGEN

District 26 (Morris and Passaic)

SYNOPSIS

���� Prohibits NJTA and SJTA from charging and collecting
tolls.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning toll collections in New Jersey,
supplementing Title 27 of the Revised Statutes, and revising various parts of
the statutory law.

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

���� 1.��� (New section) a.� Notwithstanding
any law, rule, or regulation to the contrary, as of the effective date of P.L. , c. (C. ) (pending
before the Legislature as this bill):� the New Jersey Turnpike Authority,
established pursuant to section 3 of P.L.1948, c.454 (C.27:23-3), shall no
longer be authorized to charge or collect tolls for the use of any highway
project or part thereof operated by the authority; and any reference in law,
rule, or regulation to the authority�s power to charge and collect tolls shall
be deemed null and void.

���� b.��� The authority shall
adopt, in accordance with the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), rules and regulations as may be necessary to implement
the provisions of P.L. , c. (C. )
(pending before the Legislature as this bill), including, but not limited to,
amending, supplementing, or repealing existing rules and regulations of the
authority concerning the authority�s power to charge and collect tolls.

���� 2.��� Section 5 of P.L.1948,
c.454 (C.27:23-5) is amended to read as follows:�

���� 5.���
[
General grant
of powers.
]

The authority shall be a body corporate and politic and shall have perpetual
succession and shall have the following powers:�

����
[
(a)� To
]

a. �to
adopt bylaws for
the regulation of its affairs and the conduct of its business;

����
[
(b) �To
]

b. �to

adopt an official seal and alter the same at pleasure;

����
[
(c)� To
]

c. �to
maintain an office
at such place or places within the State as it may designate and to organize
itself into such sub-departments, operating divisions
,
or units as it
deems appropriate;

����
[
(d)� To
]

d. �to
sue and be sued in
its own name;

����
[
(e)� To
]

e. �to
acquire, improve,
construct, maintain, repair, manage, and operate transportation projects or any
part thereof at such locations as shall be established by law or by the
authority;

����
[
(f)� To
]

f. �to
borrow money and
issue negotiable bonds for any of its corporate purposes, and to secure the
same through the pledging of
[
tolls
and other
]

revenues
other than tolls
and proceeds of such bonds, or other available
sources, and to refund its bonds, and to enter into any credit agreement, all
as provided in this act;

����
[
(g)� In
]

g.� in
the exercise of
any of its powers, by resolution
,
to fix and revise from time to time
and charge and collect
[
tolls,
]
fees,
licenses, rents, concession charges
,
and other charges
, other than
tolls,
for each transportation project or any part thereof constructed or
acquired by it.� No toll revenues derived from the New Jersey Turnpike or the
Garden State Parkway
, which revenues were collected for tolls charged prior
to the effective date of P.L. , c. (C. )
(pending before the Legislature as this bill),
shall be used or available
for any transportation project other than a highway project
,
and all
transportation projects other than highway projects shall be self-sustaining
[
; provided
however that
]

.� However,
such toll revenues may be used to finance or support the
costs of non-highway transportation projects on an interim basis according to
such terms, with or without interest, as the authority shall establish;

����
[
(h)� To
]

h. �to
establish rules
and regulations for the use of any project
,
including restrictions on
the type, weight
,
and size of vehicles utilizing transportation
projects, and also including the power to exclude from any part of a highway
project any traffic other than passenger automobiles if the authority finds
that such part is not suitable or sufficient as a highway to carry mixed
traffic;

����
[
(i)� To
]

i. �to
acquire, hold
,

and dispose of real and personal property in the exercise of its powers and the
performance of its duties under this act;

����
[
(j)� To
]

j. �to
acquire in the
name of the authority by purchase or otherwise, on such terms and conditions
and in such manner as it may deem proper, or by the exercise of the power of
eminent domain, except as against the State of New Jersey, any land and other
property, which it may determine is reasonably necessary for any transportation
project or feeder road or for the relocation or reconstruction of any highway
by the authority under the provisions of this act and any and all rights, title
,

and interest in such land and other property, including public lands, parks,
playgrounds, reservations, highways or parkways, owned by or in which the State
of New Jersey or any county, city, borough, town, township, village, or other
political subdivision of the State of New Jersey has any right, title
,

or interest, or parts thereof or rights therein and any fee simple absolute or
any lesser interest in private property, and any fee simple absolute in,
easements upon, or the benefit of restrictions upon, abutting property to
preserve and protect transportation projects.

���� Upon the exercise of the power
of eminent domain, the compensation to be paid thereunder shall be ascertained
and paid in the manner provided in the �Eminent Domain Act of 1971,� P.L.1971,
c.361 (C.20:3-1 et seq.), insofar as the provisions thereof are applicable and
not inconsistent with the provisions contained in this act.� The authority may
join in separate subdivisions in one petition or complaint the descriptions of
any number of tracts or parcels of land or property to be condemned and the
names of any number of owners and other parties who may have an interest
therein and all such land or property included in said petition or complaint
may be condemned in a single proceeding; provided
[
, however,
]
that separate
awards be made for each tract or parcel of land or property; and provided,
further, that each of said tracts or parcels of land or property lies wholly in
or has a substantial part of its value lying wholly within the same county.

���� Upon the filing of such
petition or complaint or at any time thereafter the authority may file with the
clerk of the county in which such property is located and also with the Clerk
of the Superior Court a declaration of taking, signed by the authority, declaring
that possession of one or more of the tracts or parcels of land or property
described in the petition or complaint is thereby being taken by and for the
use of the authority.� The said declaration of taking shall be sufficient if it
sets forth:� (1) a description of each tract or parcel of land or property to
be so taken sufficient for the identification thereof, to which there may or
may not be attached a plan or map thereof; (2) a statement of the estate or
interest in the said land or property being taken; and (3) a statement of the
sum of money estimated by the authority by resolution to be just compensation
for the taking of the estate or interest in each tract or parcel of land or
property described in said declaration.

���� Upon the filing of the said
declaration, the authority shall deposit with the Clerk of the Superior Court
the amount of the estimated compensation stated in said declaration.

���� Upon the filing of the said
declaration as aforesaid and depositing with the Clerk of the Superior Court
the amount of the estimated compensation stated in said declaration, the
authority, without other process or proceedings, shall be entitled to the exclusive
possession and use of each tract of land or property described in said
declaration and may forthwith enter into and take possession of said land or
property, it being the intent of this provision that the proceedings for
compensation or any other proceedings relating to the taking of said land or
interest therein or other property shall not delay the taking of possession
thereof and the use thereof by the authority for the purpose or purposes for
which the authority is authorized by law to acquire or condemn such land or
other property or interest therein.

���� The authority shall cause
notice of the filing of said declaration and the making of said deposit to be
served upon each party in interest named in the petition residing in this
State, either personally or by leaving a copy thereof at
[
his
]

each
party�s
residence, if known, and upon each party in interest residing out
of the State, by mailing a copy thereof to
[
him
]

each party

at
[
his
]

the
party�s
residence, if known.� In the event that the residence of any such
party or the name of such party is unknown, such notice shall be published at
least once in a newspaper published or circulating in the county or counties in
which the land is located.�� Upon the application of any party in interest and
after notice to other parties in interest, including the authority, any judge
of the Superior Court assigned to sit for said county may order that the money
deposited with the Clerk of the Superior Court or any part thereof be paid
forthwith to the person or persons entitled thereto for or on account of the
just compensation to be awarded in said proceeding; provided, that each such
person shall have filed with the Clerk of the Superior Court a consent in writing
that, in the event the award in the condemnation proceeding shall be less than
the amount deposited, the court, after notice as herein provided and hearing,
may determine
[
his
]

the
person�s
liability, if any, for the return of such difference or any part
thereof and enter judgment therefor.� If the amount of the award as finally
determined shall exceed the amount so deposited, the person or persons to whom
the award is payable shall be entitled to recover from the authority the
difference between the amount of the deposit and the amount of the award, with
interest at the rate of six per centum
[
(6%)
]

(six
percent)
per annum thereon from the date of making the deposit.� If the
amount of the award shall be less than the amount so deposited, the Clerk of the
Superior Court shall return the difference between the amount of the award and
the deposit to the authority, unless the amount of the deposit or any part
thereof shall have theretofore been distributed, in which event the court, on
petition of the authority and notice to all persons interested in the award and
affording them an opportunity to be heard, shall enter judgment in favor of the
authority for such difference against the party or parties liable for the
return thereof.� The authority shall cause notice of the date fixed for such
hearing to be served upon each party thereto residing in this State, either
personally or by leaving a copy thereof at his residence, if known, and upon
each party residing out of the State, by mailing a copy to him at his
residence, if known.� In the event that the residence of any party or the name
of such party is unknown, such notice shall be published at least once in a
newspaper published or circulating in the county or counties in which the land
is located.� Such service, mailing or publication shall be made at least 10
days before the date fixed for such hearing.

���� Whenever under the �Eminent
Domain Act of 1971� the amount of the award may be paid into court, payment may
be made into the Superior Court and may be distributed according to law;

����
[
(k)� To
]

k.� to
designate the
locations,
[
and
]
establish,
limit
,
and control such points of ingress to and egress from each
highway or transportation project as may be necessary or desirable in the
judgment of the authority to
[
insure
]

ensure

the proper operation and maintenance of such project, and
[
to
]
prohibit
entrance to such project from any point or points not so designated;

����
[
(l)� To
]

l. �to
make and enter
into all contracts and agreements necessary or incidental to the performance of
its duties and the execution of its powers under this act and to enter into
contracts with federal, State
,
and local governments and private
entities for the financing, administration, operation, management
,
and
construction of transportation projects;

����
[
(m)� To
]

m. �to
appoint such
additional officers, who need not be members of the authority, as the authority
deems advisable, and to employ consulting engineers, attorneys, accountants,
construction and financial experts, superintendents, managers, and such other
similarly situated employees and agents as may be necessary in its judgment; to
fix their compensation; and to promote and discharge such officers, employees
,

and agents, all without regard to the provisions of Title 11A of the New Jersey
Statutes;

����
[
(n)� To
]

n. �to
receive and accept
from any federal agency, subject to the approval of the Governor, grants for or
in aid of the acquisition or construction of any transportation project or any
part thereof, and to receive and accept aid or contributions, from any source,
of either money, property, labor or other things of value, to be held, used
,

and applied only for the purposes for which such grants and contributions may
be made;

����
[
(o)� To
]

o. �to
do all acts and
things necessary or convenient to carry out the powers expressly or impliedly
granted in this act;

����
[
(p)� Subject
]

p.�
subject
to any agreement with the bondholders, to invest
[
moneys
]

monies

of the authority not required for immediate use, including proceeds from the
sale of any bonds, in such obligations, securities
,
and other
investments as the authority shall deem prudent;

����
[
(q)� To
]

q. �to
apply for, receive
,

and accept from any federal agency, any bistate agency, or the State and any
subdivision thereof, grants for or in aid of the planning, acquisition,
management, maintenance, operation
,
or construction of any project, and
to receive and accept aid or contributions from any other public or private
source, of either money, property, labor
,
or other things of value, to
be held, used
,
and applied only for the purposes for which those grants
and contributions may be made;

����
[
(r)� To
]

r. �to
procure and enter
into contracts for any type of insurance and to indemnify against loss or
damage to property from any cause, including the loss of use and occupancy and
business interruption, death
,
or injury of any person, employee
liability, any act of any member, officer, employee
,
or servant of the
authority, whether part-time, compensated or uncompensated, in the performance
of the duties of office or employment or any other insurable risk or any other
losses in connection with property, operations, assets
,
or obligations
in any amounts and from any insurers as are deemed desirable.� In addition, the
authority may carry its own liability insurance;

����
[
(s)� To
]

s. �to
adopt regulations,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.), to provide open and competitive procedures for awarding contracts for
towing and storage services.� Towing and storage services on a highway project
may be provided on a rotating basis, provided that the authority determines
that there would be no additional cost to the authority, excepting
administrative costs, as a result of those services being provided on a
rotating basis.� The regulations shall fix maximum towing and storage fees
[
,
]
and establish
objective criteria to be considered in awarding a contract for towing and
storage services
,
which shall include, but shall not be limited to,
reliability, experience, response time, acceptance of credit cards and prepaid
towing contracts, adequate equipment to safely handle a sufficient volume of
common vehicle types under a variety of traffic and weather conditions,
location of storage and repair facilities, security of vehicles towed or
stored, financial return to the authority, maintenance of adequate liability
insurance and appropriate safeguards to protect the personal safety of customers,
including considerations related to the criminal background of employees.� The
Division of Consumer Affairs in the Department of Law and Public Safety shall
provide, at the authority's request, a report to the authority on any
prospective contractor for which the division has information relevant to the
prospective contractor�s service record, subject to the provisions of the New
Jersey consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.).� The Division of
Insurance Fraud Prevention in the Department of Banking and Insurance also
shall provide, at the authority�s request, a report to the authority on any
prospective contractor for which the division has information relevant to the
prospective contractor�s service record, subject to the �New Jersey Insurance
Fraud Prevention Act,� P.L.1983, c.320 (C.17:33A-1 et seq.);

����
[
(t)� To
]

t. �to
adopt, prior to
the Transfer Date and notwithstanding any other provision of law to the
contrary, a resolution authorizing the issuance of bonds, notes
,
or
other obligations on such terms as otherwise provided for in this act for the
retirement by defeasance, redemption, secondary market purchase, tender payment
at maturity or otherwise, of all of the New Jersey Highway Authority�s
outstanding bonds, notes
,
or other obligations, as if the Transfer Date
transferring to the authority the rights, duties
,
and obligations to
operate, maintain
,
and manage the Garden State Parkway had already
occurred; and

����
[
(u)� To
]

u. �to
transfer, sell,
dispose of, or otherwise relinquish all right, title, or interest in the Garden
State Arts Center, and any related or auxiliary facilities, to the New Jersey
Sports and Exposition Authority, established by
the �New Jersey Sports and
Exposition Authority Law,�
P.L.1971, c.137 (C.5:10-1 et seq.), or to any
other entity, according to such terms and process as the authority may
establish in its discretion.

(cf: �P.L.2003, c.79, s.9)

���� 3.��� (New section) a.� Notwithstanding
any law, rule, or regulation to the contrary, as of the effective date of P.L. , c. (C. )
(pending before the Legislature as this bill): �the South Jersey Transportation
Authority, established pursuant to section 4 of P.L.1991, c.252 (C.27:25A-4),
shall no longer be authorized to charge or collect tolls for the use of any
highway project or part thereof operated by the authority; and any reference in
law, rule, or regulation to the authority�s power to charge and collect tolls
shall be deemed null and void.

���� b.��� The authority shall
adopt, in accordance with the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), rules and regulations as may be necessary to implement
the provisions of P.L. , c. (C. )
(pending before the Legislature as this bill), including, but not limited to,
amending, supplementing, or repealing existing rules and regulations of the
authority concerning the authority�s power to charge and collect tolls.

���� 4.��� Section 7 of P.L.1991,
c.252 (C.27:25A-7) is amended to read as follows:�

���� The authority shall have the
following powers:�

���� a.����
[
To
]

to

adopt bylaws for the regulation of its affairs and the conduct of its business;

���� b.���
[
To
]

to

adopt an official common seal and alter it at its pleasure;

���� c.����
[
To
]

to

maintain an office at a place or places within the State as it may designate;

���� d.���
[
To
]

to
sue
and be sued in its own name;

���� e.����
[
To
]

to
acquire,
construct, maintain, operate
,
and support projects;

���� f.����
[
To
]

to
assist
in planning for the development of the transportation system in South Jersey,
in conjunction with federal, State, local, and other public entities, as
appropriate;

���� g.���
[
To
]

to
acquire,
construct, maintain, and operate feeder roads;

���� h.���
[
To
]

to
issue
bonds or notes of the authority for the purposes of this act and to provide for
the rights of the holders thereof as provided in this act;

���� i.����
[
In
]

in
the
exercise of any of its powers, to fix and revise from time to time and charge
and collect
[
tolls,
]
fares,
passenger facility charges or other charges
, other than tolls,
for
transit over or use of any project of the authority, including
,
but not
limited to
,
any reduced fare or charge programs as deemed appropriate by
the authority; and to determine levels of service to be provided by the
authority either directly or by contract.� Any revenues collected shall be
available to the authority for use in furtherance of any of the purposes of
this act;

���� j.����
[
To
]

to
set
and collect rents, fees, charges
,
or other payments for the lease, use,
occupancy
,
or disposition of properties owned or leased by the
authority.� Any revenues collected shall be available to the authority for use
in furtherance of any of the purposes of this act;

���� k.���
[
To
]

to

enter into contracts with any public or private entity to operate motorbus
regular route service, motorbus charter service, marine passenger service, rail
passenger service, and air passenger service or portions or functions thereof;
however, these contracts shall not supplant any services operated pursuant to
the �New Jersey Public Transportation Act of 1979,� P.L.1979, c.150 (C.27:25-1
et seq.);

���� l.����
[
To
]

to

acquire, lease as lessee or lessor, own, rent, use, hold
,
and dispose of
real property and personal property or any interest therein, in the exercise of
its powers and the performance of its duties under this act;

���� m.��
[
To
]

to

acquire in the name of the authority by purchase, gift
,
or otherwise, on
terms and conditions and in a manner as the authority may deem proper, or by
the exercise of the power of eminent domain except as against the State of New
Jersey, any land and other property which the authority may determine is
necessary for any project or for the relocation or reconstruction of any public
highway by the authority under the provisions of this act or the construction
of any feeder road which the authority is or may be authorized to construct and
any and all rights, title
,
and interest in that land and other property,
including public lands, parks, playgrounds, reservations, highways
,
or
parkways owned by or in which the State of New Jersey or any county,
municipality or other governmental subdivision of South Jersey or any other
federal, State
,
or local government entity has any right, title
,

or interest, or parts thereof or rights therein, and any fee simple absolute or
any lesser interest in private property, and any fee simple absolute in,
easements upon, or the benefit of restrictions upon abutting property to
preserve and protect projects;

���� n.���
[
To
]

to

grant by franchise, lease or otherwise, the use of any project, facility
,

or property owned and controlled by the authority to any person for the
consideration and for the period or periods of time and upon terms and
conditions as are agreed upon, including
,
but not limited to, the
condition that the lessee may construct or provide any buildings or structures
for the project facility or property or portions thereof;

���� o.���
[
To
]

to

locate and designate,
[
and
to
]

establish, limit
,
and control points of ingress to and egress from each
project as may be necessary or desirable in the judgment of the authority to
[
insure
]

ensure

the proper operation and maintenance of that project and to prohibit entrance
to a project from any point or points not so designated;

���� p.���
[
Subject
]

subject

to the limitations of this act, to acquire, construct, maintain, or operate any
public highway connecting with any one or more projects which
,
in the
opinion of the authority
,
will increase the use of a project or
projects, to take over for construction, maintenance
,
or operation any
existing public highway as a feeder road and to realign any existing public
highway and build additional sections of road over new alignment in connection
with that existing public highway;

���� q.���
[
To
]

to

establish rules and regulations pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.) as are necessary for the management and
regulation of its affairs, the use, maintenance
,
and operation of the
transportation system, any project, the properties of the authority and the
provision of paratransit services to and from any transportation project and to
establish a plan for the management, control
,
and regulation of motorbus
regular route and motorbus charter services, except for those services which
are operated pursuant to the �New Jersey Public Transportation Act of 1979,�
P.L.1979, c.150 (C.27:25-1 et seq.);

���� r.����
[
To
]

to

apply for, receive
,
and accept from any federal agency, any bi-State
agency, or the State and any subdivision thereof, subject to the approval of
the commissioner, grants for or in aid of the planning, acquisition
,
or
construction of any project, and to receive and accept aid or contributions
from any other public or private source, of
[
either
]
money,
property, labor
,
or other things of value, to be held, used
,
and
applied only for the purposes for which those grants and contributions may be
made;

���� s.����
[
Subject
]

subject

to the limitations of this act, to determine the location, type
,
and
character of any project and all other matters in connection with the project;

���� t.����
[
Subject
]

subject

to the rights and security interests of the holders from time to time of bonds
or notes issued by the authority, to enter into contracts with the State or the
department or the
New Jersey
Transportation Trust Fund Authority,
providing for the payment from the revenues of the authority to the State or to
the
New Jersey
Transportation Trust Fund Authority of the amount or
amounts of revenues that may be set forth in or determined in accordance with
the contracts, provided
[
,
]
that the
payments shall be used solely for financing projects in South Jersey, including
the payment of principal and interest on any bonds, notes
,
or other
obligations issued or entered into by the Transportation Trust Fund Authority,
the proceeds of which shall be allocated by the
New Jersey

Transportation Trust Fund Authority to projects within South Jersey; any
contracts authorized pursuant to this subsection may include conditions and
covenants necessary and desirable to facilitate the issuance and sale of bonds,
notes and other obligations of the
New Jersey
Transportation Trust Fund
Authority;

���� u.���
[
To
]

to

enter into contracts or agreements with any entity for the entity to issue
bonds or notes on behalf of the authority and to make payments to the entity to
secure those bonds or notes;

���� v.���
[
To
]

to

establish any reserves, funds
,
or accounts as may be deemed necessary by
the authority and to deposit authority revenues in interest bearing accounts or
in the State of New Jersey Cash Management Fund established pursuant to section
1 of P.L.1977 c.281 (C.52:18A-90.4);

���� w.��
[
To
]

to

procure and enter into contracts for any type of insurance and indemnify
against loss or damage to property from any cause, including the loss of use
and occupancy and business interruption, death or injury of any person,
employee liability, any act of any member, officer, employee or servant of the
authority, whether part-time, compensated or uncompensated, in the performance
of the duties of office or employment or any other insurable risk or any other
losses in connection with property, operations, assets or obligations in any
amounts and from any insurers as are deemed desirable.� In addition, the
authority may carry its own liability insurance; and

���� x.���
[
To
]

to

enter into any and all agreements or contracts, execute any and all
instruments, and do and perform any and all acts or things necessary,
convenient or desirable for the purposes of the authority or to carry out any
power expressly given in this act.

(cf: �P.L.1991, c.252, s.7)

���� 5.��� Section 19 of P.L.1991,
c.252 (C.27:25A-19) is amended to read as follows:�

���� 19.� a.� The authority is
authorized to fix, revise, charge
,
and collect
[
tolls,
]
fares,
passenger facility charges
,
and other charges
that are not tolls
,
including reduced fare or charge programs, for the use of each project and the
different parts or sections thereof.�
[
No
toll shall be charged for the passage of any motorbus operated on motorbus
regular route service, ambulance, first-aid or emergency-aid vehicle, vehicular
fire-fighting apparatus, or other similar vehicle, operated for the benefit of
the public by the State, or by any county or municipality or charitable or
nonprofit corporation or organization, first-aid squad, emergency squad, or
fire company of this State.
]

The
[
tolls,
]
fares and
charges shall be so fixed and adjusted as to effectuate the purposes of this
act including assisting in the funding of projects and in any event to carry
out and perform the terms and provisions of any contract with or for the
benefit of holders of bonds or notes.� The
[
tolls,
]
fares
[
,
]
and charges
shall not be subject to supervision or regulation by any other commission,
board, bureau
,
or agency of the State or subdivision of the State.� The
use and disposition of
[
tolls,
]
fares,
charges
,
and revenues shall be subject to the provisions of any
resolution authorizing the issuance of the bonds or notes.

���� b.��� The authority is
authorized to contract with any person, partnership, association, corporation
,

or federal, State
,
or local government entity or subdivision thereof
desiring the use of any part of a project, including the right-of-way adjoining
a paved portion, for operation or placing thereon telephone, telegraph,
electric light or power lines, gas stations, garages, stores, hotels, or
restaurants, or for any other purpose, and to fix the terms, conditions, rents
,

and rates of charges for that use.� For contracts related to an expressway
project, the authority shall provide that a sufficient number of gas stations
be established in the service areas along any project to permit reasonable
competition by private business in the public interest.� No contract shall be
required, and no rent, fee
,
or other charge of any kind shall be
imposed, for the use and occupation, other than for freight railroad purposes,
of the highway portion of any project for the installation, construction, use,
operation, maintenance or repair, renewal, relocation
,
or removal of
tracks, pipes, mains, conduits, cables, wires, towers, holes
,
or other
equipment or appliances in, on, along, over
,
or under any such project
by any public utility as defined in R.S.27:7-1
[
which
]

that
is subject to
taxation pursuant to either P.L.1940, c.4 (C.54:30A-16 et seq.) or P.L.1940,
c.5 (C.54:30A-49 et seq.), or pursuant to any other law imposing a tax for the
privilege of using the public streets, highways, roads
,
or other public
places in the State.

(cf: �P.L.1991, c.252, s.19)

���� 6.��� Section 20 of P.L.1991,
c.252 (C. 27:25A-20) is amended to read as follows:�

���� 20.� The authority may
increase any existing
[
toll,
]
fare or
facility or other charge or establish any new
[
toll,
]
fare or
charge for the use of any project and the different parts or sections thereof.

���� a.���� The authority shall
hold at least three public hearings, each in a different county, on a proposed
[
toll,
]
fare or
charge for any expressway project the latter of which shall be held at least 45
days prior to the date on which the
[
toll,
]
fare or
charge is proposed to become effective.� The authority shall publish a notice
of the hearing at least 10 days prior to each hearing in at least five
newspapers with the largest daily circulation in South Jersey and in at least
one newspaper with the largest daily circulation in this State.

���� b.��� The authority shall hold
at least two public hearings, each in a different location in Atlantic County,
on a proposed
[
toll,
]
fare or
charge related to any project operated pursuant to section 22 of this act at
least 45 days prior to the date on which the
[
toll,
]
fare or
charge is proposed to become effective.� The authority shall publish a notice
of the hearing at least 10 days prior to each hearing in at least five
newspapers with the largest daily circulation in South Jersey and in at least
one newspaper with the largest daily circulation in this State.

(cf: �P.L.1991, c.252, s.20)

���� 7.��� Section 42 of P.L.1991,
c.252 (C.27:25A-42) is amended to read as follows:�

���� 42.� The State of New Jersey
does hereby pledge to and covenant and agree with the holders of any bonds or
notes issued by the authority or other entity pursuant to the provisions of
this act that the State will not limit or alter the rights or powers vested in
the authority to acquire, construct, maintain
,
and operate any project,
or to perform and fulfill the terms of any agreement made with the holders of
the bonds or notes, or to fix, establish, charge
,
and collect
[
tolls or other
]
charges
other
than tolls
as may be convenient or necessary to produce sufficient revenues
to meet all expenses of the authority and fulfill the terms of any contract
with another entity or any agreement made with the holders of the bonds or
notes, and that the State will not in any way impair the rights or remedies of
the holders or modify in any way the exemptions from taxation provided for in
this act, until the bonds and notes, together with interest thereon, with
interest on any unpaid installments of interest, and all costs and expenses in
connection with any action or proceedings by or on behalf of such holders, are
fully met and discharged or provided for.

(cf: �P.L.1991, c.252, s.42)

���� 8.��� The following are
repealed:�

����������� Section 1 of P.L.1977,
c.230 (C.27:23-5.10);

����������� Section 2 of P.L.1977,
c.230 (C.27:23-5.11);

����������� Section 1 of P.L.1951,
c.264 (C.27:23-25);

����������� Section 10 of P.L.1997,
c.59 (C.27:23-34.5);

����������� Section 1 of P.L.1961,
c.134 (C.27:23-40);

����������� Section 2 of P.L.1999,
c.261 (C.27:25A-7.1); and

����������� Section 15 of P.L.1997,
c.59 (C.27:25A-21.5).

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

STATEMENT

���� This bill prohibits the New
Jersey Turnpike Authority (NJTA) and the South Jersey Transportation Authority
(SJTA) from charging and collecting tolls for the use of any highway project
under the NJTA�s or the SJTA�s jurisdiction, as appropriate.� To effectuate
this provision, the bill amends and repeals various sections of current law.