Sponsored by:
Assemblyman ERIK K. SIMONSEN
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman ANTWAN L. MCCLELLAN
District 1 (Atlantic, Cape May and Cumberland)
Co-Sponsored by:
Assemblywoman Flynn, Assemblymen Myhre and Guardian
SYNOPSIS
Revises formula for State aid to municipalities and counties for public highway projects.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State aid to municipalities and counties for public highway projects and amending P.L.1984, c.73.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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] that 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] . However, 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 municipal road mileage within the county
Sm equals municipal road mileage within the State]
Municipal DN
DF = _____________________
Sum of all municipal DNs
where, DF equals the distribution factor; and
DN equals the distribution number.
The Distribution Number (DN) for each municipality shall be calculated as follows:
Wcp Mm Merm Mfpm
DN = _____ + _____ + ______ + _____
Sp Smm Smerm Smfpm
where, Wcp equals the weighted county population;
Sp equals the State population;
Mm equals the municipal road mileage within the municipality;
Smm equals the total municipal road mileage within the State;
Merm equals the total municipal evacuation route mileage within the municipality;
Smerm equals the total municipal evacuation route mileage within the State;
Mfpm equals the municipal road mileage situated within a 100-year flood plain within the municipality; and
Smfpm equals the total municipal road mileage situated within a 100-year flood plain 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] :
“100-year flood plain” means an area of land in which the likelihood of a flood event is equal to one percent each year, as flood event is defined for any given land area by the Federal Emergency Management Agency.
“Municipal evacuation route mileage” means the number of miles within a municipality that are designated as evacuation routes by the State Office of Emergency Management in coordination with other local and State entities.
“Municipal road mileage” means that road mileage under the jurisdiction of municipalities, as determined by the Department of Transportation.
“State population” means the official population count for the State, as reported by the Department of Labor and Workforce Development.
“Weighted county population” means the average population in the county during each month in the immediately preceding year, as measured by the number of permanent residents and seasonal occupants within the county during each month.
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] 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] 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] 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 mileage under county jurisdiction and Sm equals total county road mileage within the State] . The amount to be appropriated shall be allocated on the basis of the following distribution factor:
County DN
DF = ___________________
Sum of all county DNs
where, DF equals the distribution factor; and
DN equals the distribution number.
The Distribution Number (DN) for each county shall be calculated as follows:
Wcp Cm Cerm Cfpm
DN = _____ + _____ + ______ + _____
Sp Scm Scerm Scfpm
where, Wcp equals the weighted county population;
Sp equals the State population;
Cm equals the county road mileage within the county;
Scm equals the total county road mileage within the State;
Cerm equals the total county evacuation route mileage within the county;
Scerm equals the total county evacuation route mileage within the State;
Cfpm equals the county road mileage situated within a 100-year flood plain within the county; and
Scfpm equals the total county road mileage situated within a 100-year flood plain within the State.
For the purposes of this subsection:
“100-year flood plain” means an area of land in which the likelihood of a flood event is equal to one percent each year, as flood event is defined for any given land area by the Federal Emergency Management Agency.
“County evacuation route mileage” means the number of miles within a county that are designated as evacuation routes by the State Office of Emergency Management in coordination with other local and State entities.
“County road mileage” means that road mileage under the jurisdiction of counties, as determined by the Department of Transportation.
“State population” means the official population count for the State, as reported by the Department of Labor and Workforce Development.
“Weighted county population” means the average population in the county during each month in the immediately preceding year, as measured by the number of permanent residents and seasonal occupants within the county during each month.
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] . However, 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] . However, 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)
2. This act shall take effect immediately.
STATEMENT
This bill revises the current formula for State aid to municipalities and counties for public highway projects.
Under current law, the amount of State aid allocated to municipalities and counties is based on a distribution factor formula that considers: (1) State population; (2) county population; and (3) the number of municipal road miles within a county and municipal road miles within the State, or the number of county road miles within a county and county road miles within the State, as applicable. This bill revises the formula to allocate State aid to municipalities and counties based on weighted county population data, State population data, and certain criteria based on municipal road mileage or county road mileage, as applicable, including, but not limited to, evacuation route mileage and the number of miles within 100-year flood plains.
The bill defines “weighted county population” as the average population in a county during each month in the immediately preceding year, as measured by the number of permanent residents and seasonal occupants within the county during each month; and “100-year flood plain” as an area of land in which the likelihood of a flood event is equal to one percent each year, as flood event is defined for any given land area by the Federal Emergency Management Agency.
The current formula for State aide to municipalities and counties for public highway projects uses two criteria of evaluation: permanent population and road mileage. With the proposed formula, the sponsor intends to more accurately and equitably reflect the unique characteristics of municipalities and counties, such as design and construction challenges, and the added costs to municipalities and counties of such characteristics.