ASSEMBLY STATE AND LOCAL GOVERNMENT COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 3036

with committee amendments

STATE OF NEW JERSEY

DATED:  APRIL 10, 2025

      The Assembly State and Local Government Committee reports favorably and with committee amendments Assembly Bill No. 3036 (1R).

      As amended, 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, accompanied by supporting documentation and analysis, requesting the Attorney General to investigate whether use of turn-by-turn navigation systems by drivers has created an emergency traffic condition within the municipality, which is to be subject to the approval of the Commissioner of Transportation (commissioner).

      In reviewing the resolution, the commissioner may consider criteria including, but not limited to:

· traffic volume and congestion on the roads to which traffic is diverted;

· frequency of accidents, speed limit violations, or other moving violations;

· emergency response times; and

· comparative travel time savings for drivers using diverted routes versus primary highways.

      Under the bill, 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 required to provide, in writing, a description on the reasoning of the disapproval to the governing body of the municipality and the commissioner.

      Upon the approval of the resolution by the commissioner, the Attorney General, in consultation with the commissioner and the governing body of the municipality, may conduct an investigation into the traffic conditions described in the resolution to determine whether an emergency traffic condition exists and is to share the results of any investigation with the governing body of the municipality.

      If the Attorney General does not conduct an investigation, the Attorney General is required to issue a written determination stating the reasons for declining to investigate, which is required to be forwarded to the municipality and the commissioner within 90 days of receipt of the commissioner’s approval of the municipality’s resolution.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

· add a Legislative findings and declaration section;

· change the definition of "emergency traffic condition" to include traffic that materially interferes with emergency response operations or endangers public safety;

· provide that, in reviewing the resolution, the commissioner may consider certain specified criteria;

· specify that, upon the approval of the resolution by the commissioner, the Attorney General, in consultation with the commissioner and the governing body of the municipality, is authorized, not required, to conduct an investigation into the traffic conditions described in the resolution to determine whether an emergency traffic condition exists and to share the results of any investigation with the governing body of the municipality;

· provide that, if the Attorney General conducts an investigation and determines: (a) an emergency traffic condition does not exist, the Attorney General is to issue a written notice of the determination, including the basis for the finding, to the governing body of the municipality and the commissioner  within 30 days of completion of the investigation; or (b) an emergency traffic condition exists, the Attorney General is to notify, electronically and in writing, the governing body of the municipality and the commissioner of the determination in addition to a previous notification requirement for any person, business, or other entity having ownership or control of a turn-by-turn navigation system of the emergency traffic condition, and 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;

· change the penalty to a fine of not more than $1,000 per day for the first five days of non-compliance and increasing to $5,000 per day thereafter;

· add a requirement that the Attorney General, in consultation with the commissioner, submit two distinct reports to the Governor, and to the Legislature, including specific information;

· specify that the bill is not to be construed to limit, define, modify, or to otherwise impair or diminish existing Attorney General authorities;

· require the Attorney General to adopt rules and regulations necessary to implement the provisions of the bill; and

· change the effective date to provide that the reporting requirement and the adoption of regulations are to take effect immediately, and that the remainder of the bill is to take effect 90 days after enactment.