Bill Text

The Traffic Congestion Relief Act

AN ACT PROVIDING FOR TRAFFIC CONGESTION RELIEF AND 
ENHANCED MOBILITY IN OUR STATE'S TRANSPORTATION SYSTEM

Summary

This bill reduces traffic congestion, promotes improvement of existing infrastructure through repair projects and modernization, and reduces environmental impacts through incentives for smart growth and an emphasis on cleaner transit that operates on alternative fuels.  The bill creates a state Transportation Trust Fund Authority, Account, and Advisory Board to oversee these decisions.

The People of the State of  <insert your state here>, epresented  in the State Legislature, do enact as follows:

Section 1. Short Title.

This Act shall be known and may be cited as The Traffic Congestion Relief Act.

Section 2.  Findings.  In light of the increasing demands being placed on our transportation infrastructure, it is imperative that we make every effort to maintain and improve our State highways and public transportation systems with an emphasis on safety, fiscal responsibility and compatibility with the environment.  This legislation is an important step towards that goal, and the following goals listed in these findings of the State Legislature:

a. A balanced and improved transit and goods movement and highway system is of key importance to our State's continued prosperity and to the quality of life of our citizens.
b. The State's citizens and businesses require a transportation system which provides adequate mobility to all of its citizens utilizing all modes of transportation.
c. The State should consider and utilize, where appropriate, transportation approaches and concepts to reduce congestion, enhance mobility, discourage sprawl, and assist in the redevelopment of our cities, enhance suburbs and town centers, and otherwise improve the quality of life of our citizens.
d. Stable and adequate dedicated funding is a prerequisite to the sensible planning of transportation projects, most of which are conceived, planned, designed and built over a span of several years.
e. Additional investment is needed to bring the public highway and bridge system into a state of good repair, to reduce the backlog of infrastructure repair jobs, to maximize rail freight capacity, to better protect pedestrians, cyclists and motorists from injury, to promote bicycle and pedestrian safety, and to promote cycling and walking trips by providing and financing appropriate infrastructure.
f. [Will not apply in every state] Ferries and ferry facilities, including those providing interstate service, are an increasingly important component of the State's intermodal transportation system and should be eligible for transportation assistance from the State.

The Secretary of the Department of Transportation (Herein known as the Secretary) shall establish and implement a program to employ the best available technology to improve traffic signal operation throughout the State so as to avoid unnecessary delays, reduce air pollution, and allow traffic to move sequentially through signals on roads and highways throughout the State without stopping, to the greatest extent practicable without endangering or limiting pedestrian travel.

Section 4.  Increased Use of Mass Transit.

No later than <Date>, the Secretary shall submit a report to the Legislature containing recommended incentives to businesses to encourage as many workers as possible to utilize mass transit, van pooling and car pooling and a reduction in single occupancy trips.

Section 5.  Targeted Congestion Relief Projects.

The Secretary shall establish one or more congestion relief and safety task forces with representatives of road authorities, the Department of Transportation, and of the counties and municipalities, which shall be charged with identifying projects which can be quickly implemented to relieve congestion or improve safety and which do not involve increases in existing capacity.  Task forces shall allow for public comment on proposed projects prior to final approval.  Such projects shall not exceed the cost of $150,000 each and may be awarded by the department using any such expedited procurement and contracting procedures as may be available to the department. The department shall implement not more than 10 such projects in each of the 10 years following <Date>.

Section 6. Comprehensive Community Impact Planning.

Many State highways run through fully developed cities and suburban towns. In addition, many small villages in rural areas have State highways which pass through built-up residential areas or village centers. The traffic on many of these State highways, particularly large truck and speeding traffic, prevents these residential areas, town centers and future town centers from functioning as intended. The Secretary shall study this issue and develop a departmental program which authorizes context sensitive design and examines the functional classifications of State highways running through developed cities and suburban towns. As used in this section, "context sensitive design" means a planning technique that embraces a collaborative, interdisciplinary process and recognizes the uniqueness of the community in planning transportation projects.

Section 7.  Trucking Safety Recommendation Report.

The Secretary shall report to the Legislature not later than <Date>, on measures undertaken by the department and measures it recommends as necessary to improve the safety, improve trucking efficiency, or to mitigate any adverse impacts of large trucks which travel on State and local roadways.

Section 8.  LED Lighting.

 The Secretary shall install light emitting diodes lighting ("LED"), or lighting similar in energy and life cycle savings, in traffic signals on the State highway system from the amounts appropriated from the revenues and other funds of the Transportation Trust Fund.  It is anticipated that this lighting will result in operational energy savings for State, county and municipal governments and provide congestion relief because the diodes have a 10-year life cycle as compared to the one year replacement cycle for regular light bulbs. The State shall develop a program to assist local governments to install LED lighting or lighting similar in energy and life cycle savings, in approved local traffic signals throughout the State. The Secretary may consult with the State's public utility companies for assistance where appropriate to implement this program.

Section 9.  Pavement Preservation and Preventive Maintenance.

There is hereby established in the Department of Transportation a Pavement Preservation and Preventive Maintenance Program. In furtherance of this program, the Secretary shall utilize cost-effective road materials and surface treatments, including but not limited to, superpave, asphalt millings, asphalt overlays, white topping and, in appropriate circumstances, micro-surfacing, cold-in-place recycling and crack sealing and treatments to the base course of the roadway, as a regular and integral part of the road preservation and maintenance program and in a manner sufficient to provide for safe roads as provided for in this act, where deemed appropriate by the department. The Secretary shall be authorized to contract with private contractors and suppliers to perform the road surface treatments or pavement improvements, or both, provided for in this section, utilizing accepted procurement and contracting practices.

Section 10.  Road Repair Rating.

In order to permit the most efficient use of the treatments enumerated in section 9 of this act, the Secretary shall continue to evaluate roadway pavements and assign numerical ratings to roads and bridges for maintenance and repair similar to any nationally recognized method.

Section 11.   Road Repair Reporting.

The Secretary shall issue a report to the Governor and the Legislature at the end of each fiscal year containing the ranking of pavements for roads needing maintenance and repair in accordance with the method developed in section 10 of this act. The report shall also identify the repair and maintenance projects that were completed during the fiscal year, including an estimate of the cost impact to the department for each maintenance and repair project that utilized road surface material or treatment.

Section 12.  Highway Life-Cycle Cost Analysis.

The Secretary shall conduct a life cycle cost analysis of pavement surfaces and report the findings of the analysis to the Governor and the Legislature no later than one year after the date of enactment of this act. The analysis shall compare equivalent designs and shall be based upon actual historic project maintenance, repair and resurfacing schedules and costs as recorded by the Department of Transportation, and shall include estimates of user costs throughout the entire life of the pavement. As used in this section, "life cycle cost" means the total cost of the initial project and all anticipated costs for subsequent maintenance, repair or resurfacing over the life of the pavement.

Section 13.  Access to Bus and Rail.

To encourage access to jobs, promote urban revitalization and lessen traffic congestion, public transportation projects and service plans shall provide access during the peak hours of 6 to 9 a.m. and 4 to 7 p.m. to urban rail and bus stations where suburban and rural stations are served.

Section 14.  Toll Monitoring Analysis.

Within points of congestion in locations in States which the E-Z Pass toll collection monitoring system is in use, the Secretary of Transportation shall determine with respect to the registrations of vehicles using the E-Z Pass system, zip code locations. This determination shall be made subject to the privacy restrictions of the federal "Drivers' Privacy Protection Act of 1994", Pub.L. 103-322, P.L.1997, c.188 (C.39:2-3.4 et seq.), sections 3, 9 and 13 of P.L.1997, c.59 (C.27:12B-18.4, 27:23-34.3 and 27:25A-21.3), and other applicable laws of this State or the United States. The Secretary shall undertake a study of the feasibility of implementing a pilot program to (1) establish new bus routes or increase service on existing bus routes, and (2) construct or expand park-ride facilities, on highways between those municipalities and the five points of maximum congestion, for purposes of encouraging the greater use of public transportation on those highways and relieving the congestion.  The Secretary shall, not later than <Date>, submit to the Legislature a report on the results of the study.

Section 15.  Congestion Buster Task Force. 
 

a. There is created in the Department of Transportation a task force to be known as the "Congestion Buster Task Force" to study and make recommendations concerning the reduction of traffic congestion in the State.  The members of the task force shall be appointed by the Secretary in such number as the Secretary shall designate from the Department of Transportation, the legislature, business organizations, Transportation Management Associations, the counties, and members of the public.
b. The task force shall organize as soon as may be practicable after the appointment of its members and shall select a chairperson from among the members. The members shall select a secretary, who need not be a member of the task force.  The task force shall meet at the call of the chairperson.  The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission or agency, as it may require and as may be available for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.
c. The task force shall conduct a study of highway traffic congestion in the State and develop a commuter options plan that would result in peak hour vehicle trips being "capped" at <previous year> levels.
In developing the plan, the task force shall review relevant information and findings from other jurisdictions, both national and international. The plan shall include, but not be limited to, resources and incentives for public transportation, ridesharing, and other travel reduction strategies. In making its recommendations for the plan, the task force shall include funding proposals, an implementation of the plan, and a method of evaluating progress toward the realization of the goal of the plan to cap peak hour vehicle trips at <previous year> levels.  The task force shall also be charged with identifying the top 10 projects which can be quickly implemented to relieve congestion or improve safety.
d. The task force shall meet and hold public hearings for the purposes of public participation at such place or places as it shall designate and shall issue a final report containing its findings and recommendations, including any recommendations for legislation that it deems appropriate, no later than one year after the task force organizes, to the Governor, the President of the Senate and the Speaker of the General Assembly, and the members of the Senate Transportation Committee and the Assembly Transportation Committee, or the successor committees [Legislative leaders and Committees may vary from state to state].
e. The task force shall dissolve one year following organization of the task force.

Section 16.  Promote Park and Ride. 

No later than <insert date>, the Secretary shall report to the Governor and the Legislature on steps which the Secretary recommends to provide for the establishment or expansion of park-and-ride facilities in areas of traffic congestion throughout the State and shall establish a goal of establishing or expanding at least two park-and-ride facilities in each at the rate of two per fiscal year for the next five fiscal years. In the event that the department does not establish or expand at least two park-and-ride facilities in each of the preceding fiscal years, the Secretary shall report to the Governor and the Legislature the reasons for the failure to establish or expand such facilities.

Section 17.  Definitions. 

The following words or terms as used in this act shall have the following meaning unless a different meaning clearly appears from the context:

a. "Act" means the current Transportation Act.
b. "Authority" means the Transportation Trust Fund Authority created in this act.
c. "Bonds" means bonds issued by the Authority pursuant to the act.
d. "Secretary" means the Secretary of the Department of Transportation.
e. "Department" means the Department of Transportation, unless otherwise specified.
f. "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.
g. "Federal government" means the United States of America, and any officer, department, board, commission, bureau, division, corporation, agency or instrumentality thereof.
h. "Notes" means the notes issued by the authority pursuant to the act.
i. "Public highways" means public roads, streets, expressways, freeways, parkways, motor ways 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, 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.
j. "Public transportation project" means, in connection with public transportation service, passenger stations, shelters and terminals, automobile parking facilities, [*optional--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, motor buses 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.
k. "State agency" means any officers, department, board, commission, bureau, division, agency or instrumentality of the State. 
l. "Toll road authorities" means and includes any Turnpike Authority, the Highway Authority or the Transportation Authority.
m. "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.
n. "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.
o. "Permitted maintenance" means, in relation to public transportation projects, direct costs of work necessary for preserving or maintaining the useful life of public transportation projects, 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 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 subsection l. of this section. For purposes of this subsection, "permitted maintenance" means, in relation to public highways, 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, such as, but not limited to, grass cutting, litter pick-up, snow plowing, replacement of striping, light bulb replacement for light bulbs having a useful life of less than five years, damaged sign replacement, pothole repairs, guide rail repairs and normal and usual work that historically, maintenance personnel have performed for the department.  The work shall ensure the useful life of the project for not less than five years.

Section 18.  Purpose of the Transportation Trust Fund Authority.

 It shall be the sole purpose of the authority created under this act to provide the payment for and financing of all, or a portion of, the costs incurred by the department for the planning, acquisition, engineering, construction, reconstruction, repair and rehabilitation of the State's transportation system, including, without limitation, the State's share (including State advances with respect to any federal share) under federal aid highway laws of the costs of planning, acquisition, engineering, construction, reconstruction, repair, resurfacing and rehabilitation of public highways, the State's share (including State advances with respect to any federal share) of the costs of planning, acquisition, engineering, construction, reconstruction, repair, permitted maintenance and rehabilitation of public transportation projects and other transportation projects in the State, and State aid to counties and municipalities for transportation projects, all in furtherance of the public policy declared in the findings section of the act, in the manner provided for in the act.

Section 19.  Power of the Transportation Trust Fund Authority.

In addition to all other powers granted to the authority in the act, the authority shall have power:

a. To sue and be sued;
b. To have an official seal and alter the same at its pleasure;
c. To make and alter bylaws for its organization and internal management and rules and regulations for the conduct of its affairs and business;
d. To maintain an office at a place or places within the State as it may determine;
e. To acquire, hold, use and dispose of its income, revenues, funds and moneys;
f. To acquire, own, lease as lessee or lessor, hold, use, sell, transfer, and dispose of real or personal property for its purposes;
g. To borrow money and to issue its bonds, notes or other obligations and to secure the same by its revenues or other funds and otherwise to provide for and secure the payment thereof and to provide for the rights of the holders thereof and to provide for the refunding thereof, all as provided in the act;
h. To issue subordinated indebtedness and to enter into any revolving credit agreement, agreement establishing a line of credit or letter of credit, reimbursement agreement, interest rate exchange agreement, insurance contract, surety bond, commitment to purchase or sell bonds, purchase or sale agreement, or commitments or other contracts or agreements, and other security agreements as approved by the authority in connection with the issuance of bonds or notes;
i. In its own name or in the name of the State, to apply for and receive and accept appropriations or grants of property, money, services or reimbursements for money previously spent and other assistance offered or made available to it by or from any person, government agency, public authority or any public and private entity whatever for any lawful corporate purpose of the authority, including, without limitation, grants, appropriations or reimbursements from the State or federal government with respect to their respective shares under federal aid highway laws of the costs of planning, acquisition, engineering, construction, reconstruction, repair, resurfacing and rehabilitation of public highways or the costs of planning, acquisition, engineering, construction, reconstruction, repair, permitted maintenance and rehabilitation of public transportation projects and other transportation projects in the State and the authority's operating expenses and to apply and negotiate for the same upon such terms and conditions as may be required by any person, government agency, authority or entity or as the authority may determine to be necessary, convenient or desirable;
j. Subject to any agreement with the holders of bonds, notes or other obligations, to invest moneys of the authority not required for immediate use, including proceeds from the sale of any bonds, notes or other obligations, in obligations, securities and other investments as the authority shall deem prudent;
k. Subject to any agreements with holders of bonds, notes or other obligations, to purchase bonds, notes or other obligations of the authority out of any funds or moneys of the authority available therefor, and to hold, cancel or resell the bonds, notes or other obligations;
l. For its sole purpose as established in section 5 of this act, to appoint and employ an executive director and such additional officers, who need not be members of the authority and such other personnel and staff as it may require, at an annual expense not to exceed [insert amount].
m. To do and perform any acts and things authorized by the act under, through, or by means of its officers, agents or employees or by contract with any person, firm or corporation or any public body;
n. To procure insurance against any losses in connection with its property, operations, assets or obligations in amounts and from insurers as it deems desirable;
o. To make and enter into any and all contracts and agreements which the authority determines are necessary, incidental, convenient or desirable to the performance of its duties and the execution of its powers under the act; and
p. To do any and all things necessary, convenient or desirable to carry out its purposes and exercise the powers given and granted in the act.

Section 20.  Fiscal Responsibility of Transportation Trust Fund Authority.
 

a.  The authority shall have the power and is hereby authorized to issue its bonds, notes or other obligations in principal amounts as in the opinion of the authority shall be necessary to provide for any of its corporate purposes, including the payment, funding or refunding of the principal of, or interest or redemption premiums on, any bonds, notes or other obligations issued by it, whether the bonds, notes, obligations or interest to be funded or refunded have or have not become due; and to provide for the security thereof and for the establishment or increase of reserves to secure or to pay the bonds, notes or other obligations or interest thereon and all other reserves and all costs or expenses of the authority incident to and necessary or convenient to carry out its corporate purposes and powers; and in addition to its bonds, notes and other obligations, the authority shall have the power to issue subordinated indebtedness, which shall be subordinate in lien to the lien of any or all of its bonds or notes. No resolution or other action of the authority providing for the issuance of bonds, refunding bonds, notes, or other obligations shall be adopted or otherwise made effective by the authority without the prior approval in writing of the Governor.
b. Except as may be otherwise expressly provided in the act or by the authority, every issue of bonds or notes shall be general obligations payable out of any revenues or funds of the authority, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or funds. The authority may provide the security and payment provisions for its bonds or notes as it may determine, including (without limiting the generality of the foregoing) bonds or notes as to which the principal and interest are payable from and secured by all or any portion of the revenues of and payments to the authority, and other moneys or funds as the authority shall determine. In addition, the authority may, in anticipation of the issuance of the bonds or the receipt of appropriations, grants, reimbursements or other funds, including without limitation grants from the federal government for federal aid highways or public transportation systems, issue notes, the principal of or interest on which, or both, shall be payable out of the proceeds of notes, bonds or other obligations of the authority or appropriations, grants, reimbursements or other funds or revenues of the authority. The authority may also enter into bank loan agreements, lines of credit and other security agreements as authorized and obtain for or on its behalf letters of credit in each case for the purpose of securing its bonds, notes or other obligations or to provide direct payment of any costs which the authority is authorized to pay by this act and to secure repayment of any borrowings under the loan agreement, line of credit, letter of credit or other security agreement by its bonds, notes or other obligations or the proceeds thereof or by any or all of the revenues of and payments to the authority or by any appropriation, grant or reimbursement to be received by the authority and other moneys or funds as the authority shall determine.
c. Whether or not the bonds and notes are of the form and character as to be negotiable instruments under the terms of  Commercial Transactions in State  Statutes, the bonds and notes are hereby made negotiable instruments within the meaning of and for all the purposes of said.
d. Bonds or notes of the authority shall be authorized by a resolution or resolutions of the authority and may be issued in one or more series and shall bear the date, or dates, mature at the time or times, bear interest at the rate or rates of interest per annum, be in the denomination or denominations, be in the form, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be payable from the sources, in the medium of payment, at the place or places within or without the State, and be subject to the terms of redemption (with or without premium) as the resolution or resolutions may provide. Bonds or notes may be further secured by a trust indenture between the authority and a corporate trustee within or without the State. All other obligations of the authority shall be authorized by resolution containing terms and conditions as the authority shall determine.
e. Bonds, notes or other obligations of the authority may be sold at public or private sale at a price or prices and in a manner as the authority shall determine, either on a negotiated or on a competitive basis. Every bond, or refunding bond, issued on or after the effective date shall mature and be paid no later than 21 years from the date of the issuance of that bond or refunding bond.
f. Bonds or notes may be issued and other obligations incurred under the provisions of the act without obtaining the consent of any department, division, commission, board, bureau or agency of the State, other than the approval as required by subsection a. of this section, and without any other proceedings or the happening of any other conditions or other things than those proceedings, conditions or things which are specifically required by the act.
g. Bonds, notes and other obligations of the authority issued or incurred under the provisions of the act shall not be in any way a debt or liability of the State or of any political subdivision thereof other than the authority and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision or be or constitute a pledge of the faith and credit of the State or of any political subdivision but all bonds, notes and obligations, unless funded or refunded by bonds, notes or other obligations of the authority, shall be payable solely from revenues or funds pledged or available for their payment as authorized in the act. Each bond, note or other obligation shall contain on its face a statement to the effect that the authority is obligated to pay the principal thereof or the interest thereon only from revenues or funds of the authority and that neither the State nor any political subdivision thereof is obligated to pay the principal or interest and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest on the bonds, notes or other obligations. For the purposes of this subsection, political subdivision does not include the authority.
h. All expenses incurred in carrying out the provisions of the act shall be payable solely from the revenues or funds provided or to be provided under or pursuant to the provisions of the act and nothing in the act shall be construed to authorize the authority to incur any indebtedness or liability on behalf of or payable by the State or any political subdivision thereof.
i. The authority shall minimize debt incurrence by first relying on appropriations and other revenues available to the authority before incurring debt to meet its statutory purposes.
Commencing on the 90th day following the date of enactment of this amendatory and supplementary act, the authority shall not incur debt in any fiscal year in excess of $650,000,000, except that if that permitted amount of debt, or any portion thereof, is not incurred in a fiscal year it may be incurred in a subsequent fiscal year. Any increase in this limitation shall only occur if so provided for by law.
j. Upon the decision by the authority to issue refunding bonds pursuant to this section, and prior to the sale of those bonds, the authority shall transmit to the Joint Budget Oversight Committee, or its successor, a report that a decision has been made, reciting the basis on which the decision was made, including an estimate of the debt service savings to be achieved and the calculations upon which the authority relied when making the decision to issue refunding bonds. The report shall also disclose the intent of the authority to issue and sell the refunding bonds at public or private sale and the reasons therefor.
k. The Joint Budget Oversight Committee, or its successor, shall have authority to approve or disapprove the sale of refunding bonds as included in each report submitted in accordance with subsection j. of this section. The committee shall approve or disapprove the sale of refunding bonds within 10 business days after physical receipt of the report. The committee shall notify the authority in writing of the approval or disapproval as expeditiously as possible.
l. No refunding bonds shall be issued unless the report has been submitted to and approved by the Joint Budget Oversight Committee, or its successor, as set forth in subsection k. of this section.
m. Within 30 days after the sale of the refunding bonds, the authority shall notify the Joint Budget Oversight Committee, or its successor, of the result of that sale, including the prices and terms, conditions and regulations concerning the refunding bonds, and the actual amount of debt service savings to be realized as a result of the sale of refunding bonds.
n. The Joint Budget Oversight Committee, or its successor, shall, however, review all information and reports submitted in accordance with this section and may, on its own initiative, make observations and recommendations to the authority or to the Legislature, or both, as it deems appropriate.

Section 21.  Transportation Trust Fund Account. 

There is hereby established in the General Fund an account entitled "Transportation Trust Fund Account." During the fiscal year beginning <Date> and during each succeeding fiscal year in which the authority has bonds, notes or other obligations outstanding, the treasurer shall credit to this account:

a. An amount equivalent to the revenue derived from <insert amount> per gallon from the tax imposed on the sale of motor fuels pursuant to <insert tax statute here>, provided, however, such amount during any fiscal year shall not be less than $50,000,000;
b. Any additional tax imposed on the sale of motor fuels;
c.  An amount equivalent to moneys received by the State in accordance with contracts entered into with toll road authorities or other State agencies, provided that effective with the fiscal year the amount so credited shall not be less than $12,000,000.00 in any fiscal year.  The treasurer shall also credit to this account, in accordance with a contract between the treasurer and the authority, an amount equivalent to the sum of the revenues due from the increase of fees for motor vehicle registrations collected from the increase in the tax on diesel fuels imposed provided that the total amount credited during the fiscal year beginning shall not be less than $10,000,000.00 and that the total amount credited during the fiscal year and during every fiscal year thereafter shall not be less than $15,000,000.00.  In addition to the amounts credited to the account by this section, commencing with the fiscal year and every fiscal year thereafter, there shall be appropriated from the General Fund such additional amounts as are necessary to carry out the provisions of this act and beginning <insert date> the fees collected by <insert funding mechanism> shall be credited to the account for the purposes of this act, provided, however, the amount credited from such fees during any fiscal year shall not be less than $60,000,000.
d.  No later than the fifth business day of the month following the month in which a credit has been made, the treasurer shall pay to the authority, for its purposes as provided herein, the amounts then credited to the Transportation Trust Fund Account, provided that the payments to the authority shall be subject to and dependent upon appropriations being made from time to time by the Legislature of the amounts thereof for the purposes of the act.

Section 22.  Special Transportation Fund.

There is hereby established a separate fund entitled "Special Transportation Fund." This fund shall be maintained by the <insert state investment board> and may be held in depositories as may be selected by the <investment board>  and invested and reinvested as other funds in the custody of the <investment board>, in the manner provided by law. The Secretary may from time to time (but not more frequently than monthly) certify to the authority an amount necessary to fund payments made, or anticipated to be made by or on behalf of the department, from appropriations established for or made to the department from revenues or other funds of the authority. The Secretary's certification shall be deemed conclusive for purposes of the act. The authority shall, within 15 days of receipt of the certificate, transfer from available funds of the authority to the treasurer for deposit in the Special Transportation Fund the amount certified by the Secretary, provided that all funds transferred shall only be expended by the department by project pursuant to appropriations made from time to time by the Legislature for the purposes of the act.
b. The department shall not expend any money except as appropriated by law. Commencing with appropriations for the fiscal years beginning on <insert date>, the department shall not expend any funds except as are appropriated by specific projects identified by a description of the projects, the county or counties within which they are located, and amounts to be expended on each project, in the annual appropriations act.
c. No funds appropriated, authorized or expended pursuant to this act shall be used to finance the resurfacing of highways by department personnel, where that resurfacing would require the use of more than 100,000 tons of bituminous concrete for that purpose in any calendar year, except that the Secretary may waive this provision when he determines the existence of emergency conditions requiring the use of department personnel for the resurfacing of highways, after the department has effectively reached the 100,000 ton limit.
d. In order to provide the department with flexibility in administering the specific appropriations by project identified in the annual appropriations act, the Secretary may transfer a part of any item to any other item subject to the approval of the Director of the Division of Budget and Accounting and of the Joint Budget Oversight Committee or its successor. Upon approval of the director and the committee, the transfer shall take effect.
e. Any federal funds which become available to the State for transportation projects which have not been appropriated to the department in the annual appropriations act, shall be deemed appropriated to the department and may be expended for any purpose for which such funds are qualified.
f. There shall be no appropriations from the revenues and other funds of the authority for regular and routine maintenance of public highways and components thereof, or operational activities of the department unrelated to the implementation of, and indirect costs associated with, the capital program.
g. To the extent that salaries or overhead are charged to transportation projects, each agency shall keep adequate and truthful personnel records, and time charts to adequately justify each such charge and shall make those records available to the external auditor to the authority.
h. The Secretary shall annually, on or before January 1 of each fiscal year, report to the Governor and the Legislature how much money was expended in the previous fiscal year for salaries and overhead of the department.

Section 23. Submission of Master Plan.

 a. To the end that the transportation system of the State shall be planned in an orderly and efficient manner and that the Legislature shall be advised of the nature and extent of public highways, public transportation projects and other transportation projects contemplated to be financed under this act, the department shall submit a master plan.  Notwithstanding the provisions of that act, the plan shall be for a period of five years and shall be submitted to the Commission on Capital Budgeting and Planning, the Chairman of the Senate Transportation Committee and the Chairman of the Assembly Transportation Committee [or relevant legislative committees in your state], or their successors, and the Legislative Budget and Finance Officer, and the metropolitan planning organizations, on or before <Date>, and at five-year intervals thereafter. The master plan shall set the direction for the department's overall Capital Investment Strategy and subsequent annual Transportation Capital Programs submitted to the Legislature for approval pursuant to this section.
b. The Department of Transportation, in conjunction with any associated groups, shall prepare a "Capital Investment Strategy" for at least a five-year period which shall contain, at a minimum, a statement of the goals of the department and the corporation in major selected policy areas and the means by which the goals are to be attained during that period, using quantitative measures where appropriate. The Capital Investment Strategy may be updated and submitted no later than March 1 of each year. The Capital Investment Strategy shall provide for a multi-modal, intermodal, seamless and technologically advanced transportation system. It shall recommend investment for major program categories, set overall goals for investment in the State's infrastructure, and develop program targets and performance measures. It may rely on infrastructure management systems as developed by the department to assess bridge conditions, pavement conditions, bridge, traffic and pedestrian safety, traffic congestion and public transit facilities. With respect to pavement conditions, the department shall set as a priority the utilization of efficient cost-effective materials and technologies, including but not limited to, "cold in place recycling" and "micro-surfacing." treatments.  In the event that there exist appropriate circumstances for the use of micro-surfacing and cold-in-place recycling, the department shall establish as a special priority the use of these materials and surface treatments.  The goals of the Capital Investment Strategy shall include, but not be limited to, reduction of vehicular, pedestrian, and wildlife accidents, reduction in the backlog of projects, including one-half of the structurally deficient bridge repair projects and pavement deficiencies, and an increase in lane miles of bicycle paths, with a goal of constructing an additional 1,000 lane miles of bicycle paths in five years to reduce traffic congestion and for recreational uses. The construction of bicycle and pedestrian lanes, paths and facilities shall be subject to no stricter environmental requirements than are provided pursuant to federal law and regulations for such lanes, paths and facilities, notwithstanding the provisions to the contrary of State law and regulations.  With respect to department, the plan shall deal with the goals in the area of bus transportation and present a strategy and a preliminary timetable for the replacement of the current diesel bus fleet with a fleet of buses which have reduced emission of air pollutants. For the fiscal year beginning <insert date>, and each fiscal year thereafter, all buses purchased by the State of <Insert> shall be buses with improved pollution controls and that reduce particulate emissions or buses powered by fuel other than conventional diesel fuel, such as compressed natural gas vehicles, hybrid vehicles, fuel cell vehicles, biodiesel vehicles, vehicles operated on ultra low sulfur fuel, vehicles operated on any other bus fuel approved by the United States Environmental Protection Agency, and the like.
c. On or before March 1 of each year, the Secretary shall submit a report of general project categories and proposed projects thereunder to be financed in ensuing fiscal year, including therewith a description of the projects, the county or counties within which they are to be located, a distinction between State and local projects, and the amount estimated to be expended on each project including a financial plan designed to implement the financing of the proposed projects. This report shall be known as the "Annual Transportation Capital Program" for the upcoming fiscal year. It shall include proposed projects of both the Department of Transportation and the [insert transit agency name]. The program shall be consistent with, and reflective of, the goals and priorities of the Capital Investment Strategy and the program shall include an explanation which demonstrates how it is consistent with, and reflective of, the goals and priorities.
d. On or before March 1 of each year, the Secretary shall also submit a "Transportation Trust Fund Authority Financial Plan" designed to implement the financing of the proposed projects. The financial plan shall contain an enumeration of the bonds, notes or other obligations of the authority which the authority intends to issue, including the amounts thereof and the conditions therefore. The financial plan shall set forth a complete operating and financial statement covering the authority's proposed operations during the ensuing fiscal year, including amounts of income from all sources, including but not limited to the proceeds of bonds, notes or other obligations to be issued, as well as interest earned. In addition, the plan shall contain proposed amounts to be appropriated and expended, as well as amounts for which the department anticipates to obligate during the ensuing fiscal year for any future expenditures.
e. The Capital Investment Strategy, the Annual Transportation Capital Program, and the Transportation Trust Fund Authority Financial Plan shall be submitted to the Senate and General Assembly. Within 30 days of the receipt thereof, the Senate or the General Assembly may object in writing to the Secretary in regard to any project or projects in the Annual Transportation Capital Program it disapproves or which it is of the opinion should be modified or added to or any additional or alternative projects considered or in regard to any element of the financial plan. The Secretary shall consider the objections and recommendations and resubmit the report within 30 days, containing therein any modifications based upon the Secretary's consideration of the objections or recommendations.

Section 24.  Additional Funding.

Any savings in the amount of debt service realized as a result of the sale of refunding bonds by the authority shall only be used to fund congestion relief transportation projects.
In addition to those funds to be credited to the "Transportation Trust Fund Account", the State Treasurer shall also credit to the account any and all additional funds which may now or hereafter be dedicated to transportation purposes by the State Constitution.

Section 25.  Authorization for Additional Highways.

No new State highway route shall be constructed using the revenues and other funds of the authority unless specifically authorized by joint resolution.

Section 26.  Transportation Trust Fund Authority.

 a. There is hereby established in the department a public body corporate and politic, with corporate succession, to be known as the "Transportation Trust Fund Authority." For the purpose of complying with the provisions of the state constitution, the authority is hereby allocated within the Department of Transportation, but notwithstanding said allocation, the authority shall be independent of any supervision or control by the department or by any board or officer thereof. The authority is hereby constituted as an instrumentality of the State, exercising public and essential governmental functions, no part of whose revenues shall accrue to the benefit of any individual, and the exercise by the authority of the powers conferred by the act shall be deemed and held to be an essential governmental function of the State. 
b. The authority shall consist of seven members as follows:  The Secretary of the Department of Transportation and the State Treasurer, both of whom shall be members ex officio, and five public members.  Three of those public members shall be appointed by the Governor, with the advice and consent of the Senate, one of whom shall have experience with matters of natural resources and the other shall represent state metropolitan planning organizations <or appropriate planning association>. One remaining public member shall be appointed by the President of the Senate and the other remaining public member shall be appointed by the Speaker of the General Assembly.  No more than four members of the authority shall be of the same political party. The public members appointed by the Governor shall serve a four-year term. The public member appointed by the President of the Senate shall serve for a four-year term and the public member appointed by the Speaker of the General Assembly shall serve for a two-year term.
With respect to those public members first appointed by the Governor: the Senate shall advise and consent to the appointment of the member not appointed upon recommendation of the President and the Speaker within 30 days of the receipt thereof from the Governor, such appointment having been sent by the Governor to the Senate within 20 days following the effective date of this act; the President of the Senate and the Speaker of the General Assembly shall send their appointments for public members to the Governor within 20 days following the effective date of this act. With respect to the two additional public members to be appointed by the Governor, the Senate shall advise and consent to the appointment of the members within 30 days of the receipt thereof from the Governor, such appointments having been sent by the Governor to the Senate within 20 days.  Each public member shall hold office for the term of the member's appointment and until the member's successor shall have been appointed and qualified. A member shall be eligible for reappointment. Any vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.
c. Each public member, except those appointed by the President of the Senate and the Speaker of the General Assembly, may be removed from office by the Governor, for cause, after public hearing, and may be suspended by the Governor pending the completion of such hearing. All members before entering upon their duties shall take and subscribe an oath to perform the duties of their office faithfully, impartially and justly to the best of their ability. A record of such oaths shall be filed in the Office of the Secretary of State.
d. The authority shall not be deemed to be constituted and shall not take action or adopt motions or resolutions until at least four authorized members shall have been appointed and qualified in the manner provided in this section. The Secretary shall serve as chairperson of the authority. Prior to the authority being constituted, the chairperson is authorized to transfer up to $75 million to the department from the appropriations made to the authority for the fiscal year commencing <insert date>. The members shall annually elect one of their members as vice chairperson. The members shall elect a secretary and a treasurer, who need not be members, and the same person may be elected to serve both as secretary and treasurer. The powers of the authority shall be vested in the members thereof in office from time to time and four members of the authority shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the authority at any meeting thereof by the affirmative vote of at least  four members of the authority. No vacancy in the membership of the authority shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the authority except that the authority shall not have the power to issue its initial offering of bonds, notes or other obligations unless all five members of the authority shall have been appointed and qualified.
e. The members of the authority shall serve without compensation, but the authority shall reimburse its members for actual expenses necessarily incurred in the discharge of their duties. Notwithstanding the provisions of any other law, no member shall be deemed to have forfeited nor shall the member forfeit the member's office or employment or any benefits or emoluments thereof by reason of the member's acceptance of the office of ex officio member of the authority or the member's services therein.
f. Each ex officio member may designate an employee of the member's department or agency to represent the member at meetings of the authority. All designees may lawfully vote and otherwise act on behalf of the member for whom they constitute the designee. The designation shall be in writing delivered to the authority and shall continue in effect until revoked or amended in writing delivered to the authority.
g. A true copy of the minutes of every meeting of the authority shall be forthwith delivered by and under the certification of the secretary thereof to the Governor. No action taken at the meeting by the authority shall have force or effect until 15 days after such copy of the minutes shall have been so delivered, unless during this 15-day period the Governor shall approve in writing the same or any part thereof, in which case the action shall become effective upon approval. If, in said 15-day period, the Governor returns a copy of the minutes with his veto of any action taken by the authority or any member thereof at the meeting, the action shall be null and void and of no effect. Notwithstanding the foregoing, if the last day of the 15-day period shall be a Saturday, Sunday or legal holiday, then the 15-day period shall be deemed extended to the next following business day. The powers conferred in this paragraph upon the Governor shall be exercised with due regard for the rights of the holders of bonds, notes or other obligations of the authority at any time outstanding, and nothing in, or done pursuant to, this paragraph shall in any way limit, restrict or alter the obligation or powers of the authority or any representative or officer of the authority to carry out and perform in every detail each and every covenant, agreement or contract at any time made or entered into by or on behalf of the authority with respect to its bonds, notes or other obligations or for the benefit, protection or security of the holders thereof.
h. The authority shall continue in existence until dissolved by act of the Legislature. However, any dissolution of this authority shall be on condition that the authority has no debts, contractual duties or obligations outstanding, or that provision has been made for the payment, discharge or retirement of these debts, contractual duties or obligations. Upon any dissolution of the authority, all property, rights, funds and assets thereof shall pass to and become vested in the State.

Section 27.  Transportation Trust Fund Advisory Board.

a. There is hereby established a Transportation Trust Fund Advisory Board to be comprised of seven members. The Governor shall appoint three public members and the President of the Senate and the Speaker of the General Assembly shall each appoint two public members. The Secretary or the Secretary's designee and the State Treasurer or the State Treasurer's designee shall serve as ex officio members of the board.  All of the public members shall have some experience in the field of transportation or finance. Each public member shall serve for a term of three years and shall serve until the member's successor is appointed and has qualified. Of the public members first appointed pursuant to this act, one member appointed by the Governor, the President and the Speaker respectively shall each serve one year, two members so appointed shall serve two years, and the remainder of the public members shall serve three years. The Governor shall designate one of the public members to serve as chairperson of the board. The board shall meet a minimum of four times each year. The department shall provide staff to support the board.
b. The purpose of the Advisory Board shall be to review the department's long range capital planning, master plan and Capital Investment Strategy, including the overall program and to make recommendations to the Governor and the Legislature concerning the department's capital investment strategies and the continuation of the funding of the State's transportation system under the Transportation Trust Fund Authority.

Section 28.  Start Date.

This act shall take effect immediately.