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S3456
SENATE, No. 3456
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 9, 2026
Sponsored by:
Senator� JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
���� Incorporates boardwalks into transportation local aid
program and provides for Local Aid Infrastructure Fund grants to boardwalk
projects.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
providing funding for boardwalks in the transportation
local aid program and amending P.L.1984, c.73.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 3 of P.L.1984,
c.73 (C.27:1B-3) is amended to read as follows:
���� 3.��� The following words or
terms as used in this act shall have the following meaning unless a different
meaning clearly appears from the context:
���� "Act" means this New
Jersey Transportation Trust Fund Authority Act of 1984 as amended and
supplemented.
���� "Authority" means
the New Jersey Transportation Trust Fund Authority created by section 4 of this
act.
���� "Bonds" means bonds
issued by the authority pursuant to the act and includes prior bonds and
transportation program bonds.
���� "Circle of Mobility"
means an essential group of related transit projects that include (1) the New
Jersey Urban Core Project, as defined in section 3031 of the "Intermodal
Surface Transportation Efficiency Act of 1991," Pub.L.102-240, and
consisting of the following elements: Secaucus Transfer, Kearny Connection,
Waterfront Connection, Northeast Corridor Signal System, Hudson River
Waterfront Transportation System, Newark-Newark International Airport-Elizabeth
Transit Link, a rail connection between Penn Station Newark and Broad Street
Station, Newark, New York Penn Station Concourse, and the equipment needed to
operate revenue service associated with improvements made by the project, and
(2) the modification and reconstruction of the West Shore Line in Bergen County
connected to Allied Junction/Secaucus Transfer Meadowlands Rail Center; the
construction of a rail station and associated components at the Meadowlands
Sports Complex; the modification and reconstruction of the Susquehanna and
Western Railway, as defined and provided in section 3035 (a) of the
"Intermodal Surface Transportation Efficiency Act of 1991"; the
modification and reconstruction of the Lackawanna Cutoff Commuter Rail Line
connecting Morris, Sussex and Warren Counties to the North Jersey
Transportation Rail Centers; and commuter rail service in the central New
Jersey region terminating at the proposed Lakewood Transportation Center in
Ocean County or other location, as determined by the Board of the New Jersey
Transit Corporation, pursuant to a resolution of the board providing for the
achievement of a consensus among the interested parties as to the direction of
the proposed rail line; provided, however, that this 2000 amendatory act shall
not be construed as affecting any priorities which may have been assigned to
any other project in the Circle of Mobility.
���� "Commissioner" means
the Commissioner of Transportation.
���� "Department" means
the Department of Transportation.
���� "Federal aid
highway" means any highway within the State in connection with which the
State receives payment or reimbursement from the federal government under the
terms of Title 23, United States Code or any amendment, successor, or
replacement thereof, for the purposes contained in the act.
���� "Federal government"
means the United States of America, and any office, department, board,
commission, bureau, division, corporation, agency, or instrumentality thereof.
���� "New Jersey Highway
Authority" means the public corporation created by section 4 of P.L.1952,
c.16 (C.27:12B-4) or its successor.
���� "New Jersey Turnpike
Authority" means the public corporation created by section 3 of P.L.1948,
c.454 (C.27:23-3) or its successor.
���� "Notes" means the
notes issued by the authority pursuant to the act.
���� "Permitted
maintenance" means, in relation to public transportation projects and
transportation projects, direct costs of work necessary for preserving or
maintaining the useful life of public transportation projects and
transportation projects, respectively, provided the work performed is
associated with the acquisition, installation, and rehabilitation of components
which are not included in the normal operating maintenance of equipment and
facilities or replaced on a scheduled basis.� The work shall ensure the useful
life of the public transportation project or transportation project for not
less than five years and shall not include routine maintenance or inspection of
equipment and facilities that is conducted on a scheduled basis.� This
definition shall not apply to the term "maintenance" as used in the
definition of "public highways." In relation to public highways,
"permitted maintenance" means the direct costs of work necessary for
preserving or maintaining the useful life of public highways, provided the work
is not associated with the regular and routine maintenance of public highways
and their components.� The work shall ensure the useful life of the
transportation project for not less than five years.
���� "Prior bonds" means
bonds issued pursuant to the authorization contained in P.L.1995, c.108 and
P.L.2006, c.3 and any bonds issued to refund such prior bonds.
���� "Public highways"
means public roads, streets, expressways, freeways, parkways, motorways and
boulevards, including bridges, tunnels, overpasses, underpasses, interchanges,
rest areas, express bus roadways, bus pullouts and turnarounds, park-ride
facilities, traffic circles, grade separations, traffic control devices, the
elimination or improvement of crossings of railroads and highways, whether at
grade or not at grade,
boardwalks, promenades,
bicycle and pedestrian
pathways and pedestrian and bicycle bridges traversing public highways
,
and any facilities, equipment, property, rights of way, easements and interests
therein needed for the construction, improvement, and maintenance of highways.
���� "Public transportation
project" means, in connection with public transportation service,
passenger stations, shelters and terminals, automobile parking facilities,
ferries and ferry facilities, including capital projects for ferry terminals,
approach roadways, pedestrian accommodations, parking, docks, and other
necessary land-side improvements, ramps, track connections, signal systems,
power systems, information and communication systems, roadbeds, transit lanes
or rights of way, equipment storage, pedestrian walkways and bridges connecting
to passenger stations and servicing facilities, bridges, grade crossings, rail
cars, locomotives, motorbuses and other motor vehicles, maintenance and garage
facilities, revenue handling equipment and any other equipment, facility, or
property useful for or related to the provision of public transportation
service.
���� "South Jersey
Transportation Authority" means the public corporation created by section
4 of P.L.1991, c.252 (C.27:25A-4) or its successor.
���� "State agency" means
any office, department, board, commission, bureau, division, agency, or
instrumentality of the State.
���� "Toll road
authorities" means and includes the New Jersey Turnpike Authority, the New
Jersey Highway Authority, or its successor, and the South Jersey Transportation
Authority.
���� "Transportation program
bonds" means bonds issued pursuant to the authorization contained in
P.L.2012, c.13, P.L.2016, c.56, P.L.2024, c.7 (C.39:3-8.5 et al.), and any
bonds issued to refund such transportation program bonds.
���� "Transportation
project" means, in addition to public highways and public transportation
projects, any equipment, facility or property useful or related to the
provision of any ground, waterborne, or air transportation for the movement of
people and goods including rail freight infrastructure, which equipment,
facility, or property may be acquired by purchase or lease.
���� "Transportation
system" means public highways, public transportation projects, other
transportation projects, and all other surface, airborne, and waterborne
methods of transportation for the movement of people and goods.
(cf: �P.L.2024, c.7, s.1)
���� 2.��� Section 25 of P.L.1984,
c.73 (C.27:1B-25) is amended to read as follows:
���� 25.� a.� Notwithstanding the
provisions of subtitle 4 of Title 27 of the Revised Statutes and P.L.1946,
c.301 (C.27:15A-1 et seq.), the commissioner may, pursuant to appropriations or
authorizations being made from time to time by the Legislature according to
law, allocate to counties and municipalities funds for the planning,
acquisition, engineering, construction, reconstruction, repair, resurfacing and
rehabilitation of public highways and the planning, acquisition, engineering,
construction, reconstruction, repair, maintenance and rehabilitation of public
transportation projects and of other transportation projects which a county or
municipality may be authorized by law to undertake.
���� b.��� The commissioner shall,
pursuant to appropriations or authorizations being made from time to time by
the Legislature according to law, allocate at
[
his
]
the
commissioner�s
discretion State aid to counties and municipalities for
transportation projects, except that the amount to be appropriated for this
program shall be seven percent of the total amount appropriated pursuant to
subsection d. of this section.� This State aid shall be set aside prior to any
formula allocations provided for in subsections c., d., e., f., and g. of this
section, and shall be known as the "Local Aid Infrastructure Fund."�
In the fiscal year commencing July 1, 2016, any amount appropriated to the
Local Aid Infrastructure Fund above $7,500,000 shall be deposited into the
State Transportation Infrastructure Bank Fund, established pursuant to section
34 of P.L.2016, c.56 (C.58:11B-10.4).�
���� c.���� The commissioner shall,
pursuant to appropriations or authorizations being made from time to time by
the Legislature according to law and pursuant to the provisions of subsections
b. and d. of this section, allocate State aid to municipalities for public
highways under their jurisdiction.� The amount to be appropriated shall be
allocated on the basis of the following distribution factor:
����������������������������������������������� Pc������������������� Cm
����������� DF =� ������������������������ ____������
+���� ____�������
����������� ����������������������������������
Ps���������������� Sm
���� where, DF equals the
distribution factor
���� Pc equals county population
���� Ps equals State population
���� Cm equals
combined
municipal
road
mileage and boardwalk
mileage within the county
���� Sm equals
combined
municipal
road
mileage and boardwalk
mileage within the State.
���� After the amount of aid has
been allocated based on the above formula, the commissioner shall determine
priority for the funding of municipal projects within each county, based upon
criteria relating to volume of traffic, safety considerations, growth potential,
readiness to obligate funds, and local taxing capacity. In addition to the
above criteria used in determining priority of funding of municipal projects in
each county, the commissioner shall consider whether a project is intended to
remedy hazardous conditions as identified for the purposes of providing
transportation pursuant to N.J.S.18A:39-1.2 for school pupils or to improve
pedestrian safety.
���� For the purposes of this
subsection, (1) "population" means the official population count as
reported by the New Jersey Department of Labor and Workforce Development;
[
and
]
(2)
"municipal road mileage" means that road mileage under the
jurisdiction of municipalities, as determined by the department
; and (3)
�boardwalk mileage� means the mileage of elevated pedestrian walkways or
footpaths, regardless of construction material, which allows pedestrians to
cross wet, fragile, sandy, or marshy land and which is owned or maintained by
municipalities, as determined by the department
.
���� d.��� There shall be
appropriated at least $175,000,000 for each fiscal year commencing July 1, 2006
through the fiscal year commencing July 1, 2015, and $400,000,000 for each
fiscal year commencing July 1, 2016 and for each fiscal year thereafter, for
the purposes provided herein and in subsections b., c., e., f., and g. of this
section.� (1) Of that appropriation, the commissioner shall allocate 37.5
percent of the total appropriation as State aid for municipalities pursuant to
the provisions of subsection c. of this section, provided that $5,000,000 for
each fiscal year commencing July 1, 2006 through the fiscal year commencing
July 1, 2015, and $10,000,000 for each fiscal year commencing July 1, 2016 and
for each fiscal year thereafter of the amount allocated as State aid for
municipalities shall be set aside and sub-allocated as State aid to any
municipality qualifying for aid pursuant to the provisions of P.L.1978, c.14
(C.52:27D-178 et seq.). The commissioner shall allocate the aid to each
municipality in the same proportion that the municipality receives aid under
P.L.1978, c.14 (C.52:27D-178 et seq.). (2) The commissioner shall allocate 37.5
percent of the total appropriation pursuant to the provisions of subsection e.
of this section for the Local County Aid Program.� (3) The commissioner shall
allocate seven percent of the total appropriation pursuant to the provisions of
subsection b. of this section for the "Local Aid Infrastructure
Fund." (4) The commissioner shall allocate seven percent of the appropriation
pursuant to the provisions of subsection f. of this section for the "Local
Freight Impact Fund." (5) The remaining 11 percent of the appropriation
shall be allocated pursuant to the provisions of subsection g. of this section
for the "Local Bridges Fund."
���� The amount of funds allocated
as State aid for counties and municipalities, pursuant to paragraphs (3), (4),
and (5) of subsection b. of section 8 of P.L.1987, c.460 (C.27:1B-21.1), shall
be in addition to the amount of any appropriation required pursuant to this
subsection and shall not be subject to any formula allocation provided for in
this subsection, and which amounts shall be allocated as follows:�
���� Of the amounts allocated
pursuant to paragraph (3) of subsection b. of section 8 of P.L.1987, c.460
(C.27:1B-21.1) for State Fiscal Year 2027, $15,000,000 shall be allocated as
State aid to counties for transportation projects pursuant to subsection e. of
this section, and $15,000,000 shall be allocated as State aid to municipalities
for transportation projects pursuant to subsection c. of this section;�
���� Of the amounts allocated
pursuant to paragraph (4) of subsection b. of section 8 of P.L.1987, c.460
(C.27:1B-21.1) for State Fiscal Year 2028, $30,500,000 shall be allocated as
State aid to counties for transportation projects pursuant to subsection e. of
this section, and $30,500,000 shall be allocated as State aid to municipalities
for transportation projects pursuant to subsection c. of this section; and�
���� Of the amounts allocated
pursuant to paragraph (5) of subsection b. of section 8 of P.L.1987, c.460
(C.27:1B-21.1) for State Fiscal Year 2029, $46,250,000 shall be allocated as
State aid to counties for transportation projects pursuant to subsection e. of
this section, and $46,250,000 shall be allocated as State aid to municipalities
for transportation projects pursuant to subsection c. of this section.�
���� e.���� The commissioner may,
pursuant to appropriations or authorizations being made from time to time by
the Legislature according to law, allocate additional funding to the Local
County Aid Program for public highway projects, in accordance with a formula
similar to that provided for in subsection c. of this section, except that Cm
equals road
and boardwalk
mileage under county jurisdiction and Sm
equals total county road
and boardwalk
mileage within the State.
���� f.���� The commissioner shall,
pursuant to appropriations or authorizations being made from time to time by
the Legislature according to law, allocate at the commissioner's discretion,
State aid to counties and municipalities for transportation projects that address
the impacts of freight travel in local communities and on local transportation
infrastructure, except that the amount to be appropriated for this program
shall be seven percent of the total amount appropriated pursuant to subsection
d. of this section.� This State aid shall be set aside prior to any formula
allocations provided for in subsections c., d., e., and g. of this section, and
shall be known as the "Local Freight Impact Fund."
���� g.��� The commissioner shall,
pursuant to appropriations or authorizations being made from time to time by
the Legislature according to law, allocate at the commissioner's discretion,
State aid to counties and municipalities for transportation projects that address
the condition of bridges under the jurisdiction of counties with an emphasis on
repair and reconstruction of those with the greatest structural deficiencies,
except that the amount to be appropriated for this program shall be 11 percent
of the total amount appropriated pursuant to subsection d. of this section.�
This State aid shall be set aside prior to any formula allocations provided for
in subsections c., d., e., and f. of this section, and shall be known as the
"Local Bridges Fund."
(cf: �P.L.2024, c.7, s.6)
���� 3.��� (New section)�� Notwithstanding
the provisions of section 25 of P.L.1984, c.73 (C.27:1B-25), or any other law
to the contrary, beginning with State fiscal year
[
2022
]
2026
and continuing
through State fiscal year 2031, of the amounts granted to counties and
municipalities through the Local Aid Infrastructure Fund, pursuant to section
25 of P.L.1984, c.73 (C.27:1B-25), not less than $4,000,000 per year shall be
awarded as grants in support of public highway projects that construct,
reconstruct, or repair boardwalks and promenades in the State.
���� 4.��� This act shall take
effect immediately.
STATEMENT
���� This bill amends the
definition of a public highway to include boardwalks and promenades.� The bill
also amends the State transportation local aid program formula for the
distribution of county aid and municipal aid to include boardwalk mileage in
addition to county and municipal road mileage respectively.� This bill provides
counties and municipalities with the same amount of annual local aid funding
for each mile of boardwalk that they must maintain as they receive for each
mile of road that they must maintain. �
���� The bill also requires the
Commissioner of Transportation (commissioner) to provide no less than $4
million per year in grants from the Local Aid Infrastructure Fund for boardwalk
projects in State Fiscal Years 2026 through 2031.� The Local Aid Infrastructure
Fund is a discretionary grant pool that the commissioner may award to projects
not covered by the other local aid program categories.