§ 14-C — Intercity rail passenger service program

§ 14-c. Intercity rail passenger service program. * 1. The department\nof transportation may cooperate and contract with the national railroad\npassenger corporation for any intercity rail passenger services deemed\nnecessary, convenient or desirable by the commissioner, within the\namounts available by appropriation therefor, as such services are made\navailable pursuant to the provisions of the rail passenger service act\nof nineteen hundred seventy and any acts amendatory or supplemental\nthereto, subject to the approval of the director of the budget.\nNotwithstanding any inconsistent law, general, special or local, the\ncommissioner, as funds are made available for the purposes hereof, is\nhereby empowered to contract with such corporation and to do all other\nthings necessary, convenient or desirable on behalf of the state to\nsecure the full benefits available under and pursuant to such act, and\nto contract and do all other things necessary as hereinafter provided on\nbehalf of the state to effect the intercity rail passenger service\nprogram which he determines is necessary, convenient or desirable.\n * NB Effective until the enactment into law by the state of New Jersey\nof certain legislation (see chapter 108/2019 § 10 sb (a))\n * 1. The department of transportation may cooperate and contract with\nthe national railroad passenger corporation or if deemed necessary,\ndesirable or convenient by the commissioner to facilitate the purposes\nof this section, with gateway development commission to the extent that\ncommission is so authorized to act under its authorizing statute, for\nany intercity rail passenger services deemed necessary, convenient or\ndesirable by the commissioner, within the amounts available by\nappropriation therefor, as such services are made available pursuant to\nthe provisions of the rail passenger service act of nineteen hundred\nseventy and any acts amendatory or supplemental thereto, subject to the\napproval of the director of the budget or pursuant to reimbursement\navailable from the gateway development commission, any railroad company,\nany other state or agency, the federal government, any public authority\nof this state or any other state or two or more states, or any political\nsubdivision or municipality of the state. Notwithstanding any\ninconsistent law, general, special or local, the commissioner, as funds\nare made available for the purposes hereof, is hereby empowered to\ncontract with such corporation or Commission and to do all other things\nnecessary, convenient or desirable on behalf of the state to secure the\nfull benefits available under and pursuant to such act and any other\nfederal act which provides funding for intercity rail passenger\nservices, and to contract and do all other things necessary as\nhereinafter provided on behalf of the state to effect and facilitate\nintercity rail passenger services which he determines is necessary,\nconvenient or desirable and the department of transportation may\ncooperate and contract with gateway development commission for passenger\nrail activities, to the extent that gateway development commission is so\nauthorized to act under its authorizing statute, provided, however, that\nthe department of transportation shall only contract with the gateway\ndevelopment commission if such contract is approved by that commission's\nboard in accordance with its authorizing statute.\n * NB Effective upon the enactment into law by the state of New Jersey\nof certain legislation and repealed 15 years from effective date but\nonly repealed if federal funding that is necessary has not been granted\n(see chapter 108/2019 § 10 sb (a) and sb (c))\n * 1. The department of transportation may cooperate and contract with\nthe national railroad passenger corporation for any intercity rail\npassenger services deemed necessary, convenient or desirable by the\ncommissioner, within the amounts available by appropriation therefor, as\nsuch services are made available pursuant to the provisions of the rail\npassenger service act of nineteen hundred seventy and any acts\namendatory or supplemental thereto, subject to the approval of the\ndirector of the budget. Notwithstanding any inconsistent law, general,\nspecial or local, the commissioner, as funds are made available for the\npurposes hereof, is hereby empowered to contract with such corporation\nand to do all other things necessary, convenient or desirable on behalf\nof the state to secure the full benefits available under and pursuant to\nsuch act, and to contract and do all other things necessary as\nhereinafter provided on behalf of the state to effect the intercity rail\npassenger service program which he determines is necessary, convenient\nor desirable.\n * NB Effective upon the repeal of the amendments enacted by chapter\n108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))\n * 2. The commissioner shall coordinate the intercity rail passenger\nactivities of the state and other interested public and private\norganizations and persons to effectuate the purposes of this section and\nshall have the responsibility for negotiating with the federal\ngovernment with respect to intercity rail passenger service programs.\nThe commissioner is authorized to enter into joint service agreements\nbetween the state and any railroad company, any other state department\nor agency, the federal government, the Canadian government, any other\nstate or agency or instrumentality thereof, any public authority of this\nstate or any other state, or any political subdivision or municipality\nof the state, relating to property, buildings, structures, facilities,\nservices, rates, fares, classifications, dividends, allowances or\ncharges (including charges between intercity rail passenger service\nfacilities), or rules or regulations pertaining thereto, for or in\nconnection with or incidental to transportation in part upon intercity\nrail passenger service facilities. Intercity rail passenger service\nfacilities include the right of way and related trackage, rails, cars,\nlocomotives, or other rolling stock, signal, power, fuel, communication\nand ventilation systems, power plants, stations, terminals, storage\nyards, repair and maintenance shops, yards, equipment and parts, offices\nand other real estate or personnel used or held for or incidental to the\noperation, rehabilitation or improvement of any railroad operating\nintercity rail passenger service or to operate such service, including\nbut not limited to buildings, structures, and rail property.\n * NB Effective until the enactment into law by the state of New Jersey\nof certain legislation (see chapter 108/2019 § 10 sb (a))\n * 2. The commissioner shall coordinate the intercity rail passenger\nactivities of the state and other interested public and private\norganizations and persons to effectuate the purposes of this section and\nshall have the responsibility for negotiating with the federal\ngovernment with respect to intercity rail passenger service programs.\nThe commissioner is authorized to enter into joint service agreements\nand other agreements between the state and any railroad company, any\nother state department or agency, the federal government, the Canadian\ngovernment, any other state, or agency or instrumentality thereof, any\npublic authority of this state or any other state or two or more states,\nor any political subdivision or municipality of the state, relating to\nproperty, buildings, structures, facilities, services, rates, fares,\nclassifications, dividends, allowances or charges (including charges\nbetween intercity rail passenger service facilities), or rules or\nregulations pertaining thereto, for or in connection with or incidental\nto transportation in part upon intercity rail passenger service\nfacilities. Intercity rail passenger service facilities include the\nright of way and related trackage, rails, cars, locomotives, or other\nrolling stock, signal, power, fuel, communication and ventilation\nsystems, power plants, stations, terminals, tunnels, storage yards,\nrepair and maintenance shops, yards, equipment and parts, offices and\nother real estate or personnel used or held for or incidental to the\noperation, rehabilitation or improvement of any railroad operating\nintercity rail passenger service or to operate such service, including\nbut not limited to buildings, structures, and rail property.\n * NB Effective upon the enactment into law by the state of New Jersey\nof certain legislation and repealed 15 years from effective date but\nonly repealed if federal funding that is necessary has not been granted\n(see chapter 108/2019 § 10 sb (a) and sb (c))\n * 2. The commissioner shall coordinate the intercity rail passenger\nactivities of the state and other interested public and private\norganizations and persons to effectuate the purposes of this section and\nshall have the responsibility for negotiating with the federal\ngovernment with respect to intercity rail passenger service programs.\nThe commissioner is authorized to enter into joint service agreements\nbetween the state and any railroad company, any other state department\nor agency, the federal government, the Canadian government, any other\nstate or agency or instrumentality thereof, any public authority of this\nstate or any other state, or any political subdivision or municipality\nof the state, relating to property, buildings, structures, facilities,\nservices, rates, fares, classifications, dividends, allowances or\ncharges (including charges between intercity rail passenger service\nfacilities), or rules or regulations pertaining thereto, for or in\nconnection with or incidental to transportation in part upon intercity\nrail passenger service facilities. Intercity rail passenger service\nfacilities include the right of way and related trackage, rails, cars,\nlocomotives, or other rolling stock, signal, power, fuel, communication\nand ventilation systems, power plants, stations, terminals, storage\nyards, repair and maintenance shops, yards, equipment and parts, offices\nand other real estate or personnel used or held for or incidental to the\noperation, rehabilitation or improvement of any railroad operating\nintercity rail passenger service or to operate such service, including\nbut not limited to buildings, structures, and rail property.\n * NB Effective upon the repeal of the amendments enacted by chapter\n108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))\n * 3. The commissioner may on such terms and conditions as he may\ndetermine necessary, convenient or desirable, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nsuch intercity rail passenger service facility or any related services\nand activities, or may provide for such by contract, lease or other\narrangement on such terms as the commissioner may deem necessary,\nconvenient or desirable with any agency, corporation or person,\nincluding but not limited to any railroad company, any state agency, the\nfederal government, the Canadian government, any other state or agency\nor instrumentality thereof, any public authority of this or any other\nstate, or any political subdivision or municipality of the state.\n * NB Effective until the enactment into law by the state of New Jersey\nof certain legislation (see chapter 108/2019 § 10 sb (a))\n * 3. Notwithstanding any other provision of law, general, special,\ncharter or local, the commissioner may on such terms and conditions as\nhe may determine necessary, convenient or desirable, establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair any such intercity rail passenger service facility or any related\nservices and activities, or may provide for such by contract, lease or\nother arrangement on such terms as the commissioner may deem necessary,\nconvenient or desirable with any agency, corporation or person,\nincluding but not limited to any railroad company, any state agency, the\nfederal government, the Canadian government, any other state or agency\nor instrumentality thereof, any public authority of this or any other\nstate or two or more states, or any political subdivision or\nmunicipality of the state.\n * NB Effective until the enactment into law by the state of New Jersey\nof certain legislation (see chapter 108/2019 § 10 sb (a))\n * 3. The commissioner may on such terms and conditions as he may\ndetermine necessary, convenient or desirable, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nsuch intercity rail passenger service facility or any related services\nand activities, or may provide for such by contract, lease or other\narrangement on such terms as the commissioner may deem necessary,\nconvenient or desirable with any agency, corporation or person,\nincluding but not limited to any railroad company, any state agency, the\nfederal government, the Canadian government, any other state or agency\nor instrumentality thereof, any public authority of this or any other\nstate, or any political subdivision or municipality of the state.\n * NB Effective upon the repeal of the amendments enacted by chapter\n108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))\n 4. Any property, as such is defined in subdivision two of section\nthirty of the highway law which is necessary for the purposes of this\nsubdivision may be acquired by the commissioner in the same manner as\nproperty is acquired for state highway purposes pursuant to the\nprovisions of section thirty of the highway law.\n 5. To avoid duplication of effort and in the interests of economy, the\ncommissioner may make use of existing studies, surveys, plans, data and\nother materials in the possession of any state agency or municipality or\npolitical subdivision of the state in order to carry out the purposes of\nthis section. Each such agency, municipality or subdivision is hereby\nauthorized to make the same available to the commissioner and otherwise\nto assist him in the performance of his functions.\n