ASSEMBLY TRANSPORTATION AND INDEPENDENT AUTHORITIES COMMITTEE

STATEMENT TO

ASSEMBLY, No. 3036

with committee amendments

STATE OF NEW JERSEY

DATED:  OCTOBER 21, 2024

      The Assembly Transportation and Independent Authorities Committee reports favorably and with committee amendments Assembly Bill No. 3036. 

      As amended and reported, this bill establishes the “Swift Access For Emergency Response Actions Preservation Program (SAFER APP).”  Under the bill, the governing body of a municipality may adopt a resolution requesting the Attorney General to investigate whether use of turn-by-turn navigation systems by drivers creates an emergency traffic condition within the municipality, which is to be subject to the approval of the Commissioner of Transportation (commissioner). The commissioner is to approve or disapprove the resolution within 90 days of the date the governing body of a municipality submits the resolution to the commissioner.  If the commissioner disapproves the resolution, the commissioner is to describe in writing the reasoning of the disapproval to the governing body of the municipality. 

      Upon the approval of the resolution by the commissioner, this bill provides that the Attorney General, in consultation with the commissioner and the governing body of the municipality, is to investigate the traffic conditions described in the resolution to determine whether an emergency traffic condition exists.  The Attorney General is to share the results of the investigation with the governing body of the municipality.  If the Attorney General determines an emergency traffic condition exists, the bill requires the Attorney General to notify, electronically and in writing, any person, business, or other entity having ownership or control of a turn-by-turn navigation system of the emergency condition, and the Attorney General is to order the person, business, or other entity, when providing instructions to a driver, to detour, reroute, or divert vehicular traffic to remove the emergency traffic condition.  Following an initial determination that an emergency traffic condition exists, the Attorney General may review the traffic conditions to determine whether the emergency traffic condition continues to exist. 

      The bill provides that any person, business, or other entity having ownership or control of a turn-by-turn navigation system that provides instructions to a driver and fails to detour, reroute, or divert vehicular traffic to remove the emergency traffic condition after being notified by the Attorney General is to be subject to a fine of not more than $5,000 per day, which is to be paid to the affected municipality, until the person, business, or other entity complies with the order. 

      This bill was prefiled for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed. 

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1)  remove the term “emergency condition” and insert the term “emergency traffic condition”;

      (2)  revise the definition of “emergency traffic condition” to clarify that the term means recurring periods of excessive vehicular traffic;

      (3)  clarify that following an initial determination that an emergency traffic condition exists, the Attorney General may, from time to time, review the traffic conditions to determine whether the emergency traffic condition continues to exist;

      (4)  clarify that nothing in the bill limits the authority of the Attorney General to determine that an emergency condition exists with regard to the flow of vehicular traffic; and

      (5)  specify that the turn-by-turn navigation system that the provisions of the bill apply to are those that provide instructions to a driver and fail to detour, reroute, or divert vehicular traffic to remove the emergency traffic condition.