Legislation

Search OpenLegislation Statutes

This entry was published on 2019-07-26
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 14-C
Intercity rail passenger service program
Transportation (TRA) CHAPTER 61-A, ARTICLE 2
§ 14-c. Intercity rail passenger service program. * 1. The department
of transportation may cooperate and contract with the national railroad
passenger corporation for any intercity rail passenger services deemed
necessary, convenient or desirable by the commissioner, within the
amounts available by appropriation therefor, as such services are made
available pursuant to the provisions of the rail passenger service act
of nineteen hundred seventy and any acts amendatory or supplemental
thereto, subject to the approval of the director of the budget.
Notwithstanding any inconsistent law, general, special or local, the
commissioner, as funds are made available for the purposes hereof, is
hereby empowered to contract with such corporation and to do all other
things necessary, convenient or desirable on behalf of the state to
secure the full benefits available under and pursuant to such act, and
to contract and do all other things necessary as hereinafter provided on
behalf of the state to effect the intercity rail passenger service
program which he determines is necessary, convenient or desirable.

* NB Effective until the enactment into law by the state of New Jersey
of certain legislation (see chapter 108/2019 § 10 sb (a))

* 1. The department of transportation may cooperate and contract with
the national railroad passenger corporation or if deemed necessary,
desirable or convenient by the commissioner to facilitate the purposes
of this section, with gateway development commission to the extent that
commission is so authorized to act under its authorizing statute, for
any intercity rail passenger services deemed necessary, convenient or
desirable by the commissioner, within the amounts available by
appropriation therefor, as such services are made available pursuant to
the provisions of the rail passenger service act of nineteen hundred
seventy and any acts amendatory or supplemental thereto, subject to the
approval of the director of the budget or pursuant to reimbursement
available from the gateway development commission, any railroad company,
any other state or agency, the federal government, any public authority
of this state or any other state or two or more states, or any political
subdivision or municipality of the state. Notwithstanding any
inconsistent law, general, special or local, the commissioner, as funds
are made available for the purposes hereof, is hereby empowered to
contract with such corporation or Commission and to do all other things
necessary, convenient or desirable on behalf of the state to secure the
full benefits available under and pursuant to such act and any other
federal act which provides funding for intercity rail passenger
services, and to contract and do all other things necessary as
hereinafter provided on behalf of the state to effect and facilitate
intercity rail passenger services which he determines is necessary,
convenient or desirable and the department of transportation may
cooperate and contract with gateway development commission for passenger
rail activities, to the extent that gateway development commission is so
authorized to act under its authorizing statute, provided, however, that
the department of transportation shall only contract with the gateway
development commission if such contract is approved by that commission's
board in accordance with its authorizing statute.

* NB Effective upon the enactment into law by the state of New Jersey
of certain legislation and repealed 15 years from effective date but
only repealed if federal funding that is necessary has not been granted
(see chapter 108/2019 § 10 sb (a) and sb (c))

* 1. The department of transportation may cooperate and contract with
the national railroad passenger corporation for any intercity rail
passenger services deemed necessary, convenient or desirable by the
commissioner, within the amounts available by appropriation therefor, as
such services are made available pursuant to the provisions of the rail
passenger service act of nineteen hundred seventy and any acts
amendatory or supplemental thereto, subject to the approval of the
director of the budget. Notwithstanding any inconsistent law, general,
special or local, the commissioner, as funds are made available for the
purposes hereof, is hereby empowered to contract with such corporation
and to do all other things necessary, convenient or desirable on behalf
of the state to secure the full benefits available under and pursuant to
such act, and to contract and do all other things necessary as
hereinafter provided on behalf of the state to effect the intercity rail
passenger service program which he determines is necessary, convenient
or desirable.

* NB Effective upon the repeal of the amendments enacted by chapter
108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))

* 2. The commissioner shall coordinate the intercity rail passenger
activities of the state and other interested public and private
organizations and persons to effectuate the purposes of this section and
shall have the responsibility for negotiating with the federal
government with respect to intercity rail passenger service programs.
The commissioner is authorized to enter into joint service agreements
between the state and any railroad company, any other state department
or agency, the federal government, the Canadian government, any other
state or agency or instrumentality thereof, any public authority of this
state or any other state, or any political subdivision or municipality
of the state, relating to property, buildings, structures, facilities,
services, rates, fares, classifications, dividends, allowances or
charges (including charges between intercity rail passenger service
facilities), or rules or regulations pertaining thereto, for or in
connection with or incidental to transportation in part upon intercity
rail passenger service facilities. Intercity rail passenger service
facilities include the right of way and related trackage, rails, cars,
locomotives, or other rolling stock, signal, power, fuel, communication
and ventilation systems, power plants, stations, terminals, storage
yards, repair and maintenance shops, yards, equipment and parts, offices
and other real estate or personnel used or held for or incidental to the
operation, rehabilitation or improvement of any railroad operating
intercity rail passenger service or to operate such service, including
but not limited to buildings, structures, and rail property.

* NB Effective until the enactment into law by the state of New Jersey
of certain legislation (see chapter 108/2019 § 10 sb (a))

* 2. The commissioner shall coordinate the intercity rail passenger
activities of the state and other interested public and private
organizations and persons to effectuate the purposes of this section and
shall have the responsibility for negotiating with the federal
government with respect to intercity rail passenger service programs.
The commissioner is authorized to enter into joint service agreements
and other agreements between the state and any railroad company, any
other state department or agency, the federal government, the Canadian
government, any other state, or agency or instrumentality thereof, any
public authority of this state or any other state or two or more states,
or any political subdivision or municipality of the state, relating to
property, buildings, structures, facilities, services, rates, fares,
classifications, dividends, allowances or charges (including charges
between intercity rail passenger service facilities), or rules or
regulations pertaining thereto, for or in connection with or incidental
to transportation in part upon intercity rail passenger service
facilities. Intercity rail passenger service facilities include the
right of way and related trackage, rails, cars, locomotives, or other
rolling stock, signal, power, fuel, communication and ventilation
systems, power plants, stations, terminals, tunnels, storage yards,
repair and maintenance shops, yards, equipment and parts, offices and
other real estate or personnel used or held for or incidental to the
operation, rehabilitation or improvement of any railroad operating
intercity rail passenger service or to operate such service, including
but not limited to buildings, structures, and rail property.

* NB Effective upon the enactment into law by the state of New Jersey
of certain legislation and repealed 15 years from effective date but
only repealed if federal funding that is necessary has not been granted
(see chapter 108/2019 § 10 sb (a) and sb (c))

* 2. The commissioner shall coordinate the intercity rail passenger
activities of the state and other interested public and private
organizations and persons to effectuate the purposes of this section and
shall have the responsibility for negotiating with the federal
government with respect to intercity rail passenger service programs.
The commissioner is authorized to enter into joint service agreements
between the state and any railroad company, any other state department
or agency, the federal government, the Canadian government, any other
state or agency or instrumentality thereof, any public authority of this
state or any other state, or any political subdivision or municipality
of the state, relating to property, buildings, structures, facilities,
services, rates, fares, classifications, dividends, allowances or
charges (including charges between intercity rail passenger service
facilities), or rules or regulations pertaining thereto, for or in
connection with or incidental to transportation in part upon intercity
rail passenger service facilities. Intercity rail passenger service
facilities include the right of way and related trackage, rails, cars,
locomotives, or other rolling stock, signal, power, fuel, communication
and ventilation systems, power plants, stations, terminals, storage
yards, repair and maintenance shops, yards, equipment and parts, offices
and other real estate or personnel used or held for or incidental to the
operation, rehabilitation or improvement of any railroad operating
intercity rail passenger service or to operate such service, including
but not limited to buildings, structures, and rail property.

* NB Effective upon the repeal of the amendments enacted by chapter
108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))

* 3. The commissioner may on such terms and conditions as he may
determine necessary, convenient or desirable, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
such intercity rail passenger service facility or any related services
and activities, or may provide for such by contract, lease or other
arrangement on such terms as the commissioner may deem necessary,
convenient or desirable with any agency, corporation or person,
including but not limited to any railroad company, any state agency, the
federal government, the Canadian government, any other state or agency
or instrumentality thereof, any public authority of this or any other
state, or any political subdivision or municipality of the state.

* NB Effective until the enactment into law by the state of New Jersey
of certain legislation (see chapter 108/2019 § 10 sb (a))

* 3. Notwithstanding any other provision of law, general, special,
charter or local, the commissioner may on such terms and conditions as
he may determine necessary, convenient or desirable, establish,
construct, effectuate, operate, maintain, renovate, improve, extend or
repair any such intercity rail passenger service facility or any related
services and activities, or may provide for such by contract, lease or
other arrangement on such terms as the commissioner may deem necessary,
convenient or desirable with any agency, corporation or person,
including but not limited to any railroad company, any state agency, the
federal government, the Canadian government, any other state or agency
or instrumentality thereof, any public authority of this or any other
state or two or more states, or any political subdivision or
municipality of the state.

* NB Effective until the enactment into law by the state of New Jersey
of certain legislation (see chapter 108/2019 § 10 sb (a))

* 3. The commissioner may on such terms and conditions as he may
determine necessary, convenient or desirable, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
such intercity rail passenger service facility or any related services
and activities, or may provide for such by contract, lease or other
arrangement on such terms as the commissioner may deem necessary,
convenient or desirable with any agency, corporation or person,
including but not limited to any railroad company, any state agency, the
federal government, the Canadian government, any other state or agency
or instrumentality thereof, any public authority of this or any other
state, or any political subdivision or municipality of the state.

* NB Effective upon the repeal of the amendments enacted by chapter
108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))

4. Any property, as such is defined in subdivision two of section
thirty of the highway law which is necessary for the purposes of this
subdivision may be acquired by the commissioner in the same manner as
property is acquired for state highway purposes pursuant to the
provisions of section thirty of the highway law.

5. To avoid duplication of effort and in the interests of economy, the
commissioner may make use of existing studies, surveys, plans, data and
other materials in the possession of any state agency or municipality or
political subdivision of the state in order to carry out the purposes of
this section. Each such agency, municipality or subdivision is hereby
authorized to make the same available to the commissioner and otherwise
to assist him in the performance of his functions.