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OTHER AGENCIES

SOUTH JERSEY TRANSPORTATION AUTHORITY

Atlantic City Expressway

Proposed New Rules: N.J.A.C. 19:2

Authorized By: South Jersey Transportation Authority, Samuel L. Donelson, Acting Executive Director.

Authority: N.J.S.A. 27:25A-7.q and 27:25A-21.g.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2013-087.

Public hearings concerning the proposal will be held as follows:

Wednesday, June 5, 2013 at 1:00 P.M.:

South Jersey Transportation Authority Administration Building

Frank S. Farley Service Plaza

Milepost 21.3, Atlantic City Expressway

Elwood, New Jersey 08217



and

Thursday, June 6, 2013 at 10:00 A.M.:

Deptford Township Municipal Building

1011 Cooper Street

Deptford, New Jersey 08096

and

Friday, June 7, 2013 at 2:00 P.M.:

Winslow Township Municipal Building

125 South Route 73

Winslow, New Jersey, 08037
Submit written comments by July 19, 2013 to:

Kevin Rehmann, Communications Manager

South Jersey Transportation Authority

P.O. Box 351

Hammonton, New Jersey 08037

Fax Number: (609) 965-7315


The Authority proposal follows:

Summary

Pursuant to the South Jersey Transportation Authority Act (SJTA Act), N.J.S.A. 27:25A-1 et seq., specifically N.J.S.A. 27:25A-7.q, the South Jersey Transportation Authority (Authority) is empowered to promulgate rules and regulations necessary for the management and regulation of its affairs and the use, maintenance, and operation of the transportation system.


Chapter 2 was filed on September 1, 1969 and was adopted as R.1973 d.42, effective February 5, 1973. Pursuant to Executive Order No. 66 (1978), Chapter 2 was readopted as R.1994 d.462, effective August 15, 1994. Subsequently, Chapter 2 and subchapters within were readopted and/or adopted in 1973, 1998, 1999 and 2005 (see 5 N.J.R. 96(b) and 396(a); 26 N.J.R. 1966(a) and 3742(b); 30 N.J.R. 3169(a) and 4067(a); 31 N.J.R. 2147(a) and 3104(a); 31 N.J.R. 3056(a) and 32 N.J.R. 65(a); and 37 N.J.R. 423(a) and 2225(a)).
Pursuant to the sunset provisions of NJ.S.A. 52:14B-5.1.c, N.J.A.C. 19:2 was set to expire on November 22, 2010. Proposal of the readoption of the chapter with amendments was published on June 7, 2011 (see 42 N.J.R. 1008(a)). The attempt at readopting the chapter was unsuccessful because it was not properly publicized pursuant to N.J.A.C. 1:30-5.2. As a result, the chapter expired on November 22, 2010, and the Authority is proposing to adopt the expired rules, with amendments, as new rules, in accordance with N.J.A.C. 1:30-6.4.
The Board has reviewed the rules and determined that they are necessary, reasonable, and proper for the purposes for which they were originally promulgated and subsequently changed.
The Board proposes that expired N.J.A.C. 19:2 be adopted as new rules with certain amendments to the expired rules. The amendments fall into categories of (1) clarification and addition of certain definitions; (2) minor amendments to clarify policies regarding route maps, parking on the Expressway, animals, vehicle heights, trash receptacles, and payment of tolls; (3) removal of toll free passage on the Expressway for Commissioners and executive staff members; (4) clarification of purchasing procedures and bidding requirements; (5) removal and amendment of certain provisions regarding highway access and permits; and (6) the inclusion of the ability to facilitate the use of electronic toll collection monitoring system for non-toll operations. The Authority proposes to specify the sunset of the rules to be seven years, in accordance with

N.J.A.C. 1:30-6.4, and to undertake any needed amendments as they arise.


The substantive provisions of the expired rules proposed for adoption as new rules and the proposed amendments to the expired rules may be summarized as follows:
N.J.A.C. 19:2-1 contains the penalties and definitions applicable to the chapter.
N.J.A.C. 19:2-1.1 contains the penalties applicable to vehicles and motorists traveling the Atlantic City Expressway.
At N.J.A.C. 19:2-1.2, Definitions, an amendment is proposed to include the definition of “Atlantic City Expressway Connector” as well as adding certain roadways under the jurisdiction of the Authority to the definition of “Atlantic City Expressway” to better clarify all roadways and roadway components under the jurisdiction of the South Jersey Transportation Authority as the Atlantic City Expressway. Previously, the “Atlantic City Expressway Connector” was not defined and the definition of Atlantic City Expressway failed to properly outline all roadways under the jurisdiction of the Atlantic City Expressway. The proposed amended and new definitions provide greater understanding as to what constitution of the Atlantic City Expressway and what roadways fall under the jurisdiction of the same. Further, the proposal adds a definition of “omnibus” as defined in N.J.S.A. 39:1-1, which will conform definitions used for the Atlantic City Expressway with those used for New Jersey Traffic Laws. Also, the proposal adds a definition for “bicycle” to provide clarification of what a bicycle means under the rules.
At N.J.A.C. 19:2-1.3, Route maps, an amendment is proposed to include an additional location to pick up an Atlantic City Expressway Route Map, the Visitors Center located at the intercept lot on the Atlantic City Expressway.
N.J.A.C. 19:2-2, Speed Limits, sets forth the rules for the speed limits, maximum and minimum, for the Atlantic City Expressway.
N.J.A.C. 19:2-3, Operation of Vehicles, sets forth the rules pertaining to operation of vehicles on the Atlantic City Expressway including parking, signs and signals, passing lanes, entry and exit onto the Atlantic City Expressway, and accident procedures. At N.J.A.C. 19:2-3.6, Parking, standing, or stopping of vehicles, an amendment is proposed to subsection (d) to include clarification regarding use of public parking facilities and exempt use of commuter designated parking spots for public use.
N.J.A.C. 19:2-4, Restrictions on Use of the Expressway, sets forth the activities that are restricted on the Atlantic City Expressway. At N.J.A.C. 19:2-4.2, Animals, an amendment is proposed to subsection (b) to clarify the area in which household pets may be walked on the Atlantic City Expressway, specifically, in designated dog walk areas. At N.J.A.C. 19:2-4.3, Restricted vehicles, an amendment is proposed to subparagraph (a)8iii to modify the height of restricted vehicles allowing vehicles of three inches more in height to travel on the Atlantic City Expressway, as well as an inclusion of new subsection (b) to allow for travel of alternative fueled vehicles meeting specific requirements to travel on the Brigantine Connector Tunnel. Proposed new N.J.A.C. 19:2-4.3(b) includes a requirement that such vehicles have an alternate fuel system that conforms to applicable Federal regulations including, but not limited to, 40 CFR 85, 86, and 600, and to applicable industry standards, including the following National Fire Protection Association (NFPA) standards, incorporated by reference, as amended and supplemented: NFPA 52-Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems (1998 Edition); NFPA 58-Standard for the Storage and Handling of Liquefied Petroleum Gases (LPG) (1998 Edition); and NFPA 59A-Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG) (2013 Edition).
N.J.A.C. 19:2-5, General Regulations, sets forth rules on the Atlantic City Expressway concerning disposal of waste, property damage, advertising, parades, firearms, hunting, sales, solicitations, hitchhiking, and roadside memorials. At N.J.A.C. 19:2-5.1, Waste and rubbish, an amendment is proposed to clarify the types of waste that can be disposed of in the roadside trash receptacles on the Atlantic City Expressway, specifically, only travel trash, no household or bulk items permitted.
N.J.A.C. 19:2-6, Tolls, sets forth the rules regarding payment of tolls on the Atlantic City Expressway. At N.J.A.C. 19:2-6.1, Payment of tolls, an amendment is proposed to subsection (b) to add provisions for E-Z Pass payment on the Atlantic City Expressway and to remove the use of outmoded Authority issued tokens for passage on the Expressway. At N.J.A.C. 19:2-6.2, Toll-free passage, an amendment is proposed to remove paragraph (a)l, which provided South Jersey Transportation Authority Commissioners and executive staff toll-free passage on the Atlantic City Expressway.
N.J.A.C. 19:2-7, Purchasing Regulations, sets forth the provisions for purchasing goods and services and procuring contracts by the South Jersey Transportation Authority and the rules and regulations to be followed in awarding or selecting vendors. At N.J.A.C. 19:2-7.1, General provisions, an amendment is proposed to subsection (b) by adding paragraph (b)11, which includes the lease of office space, office machinery, specialized equipment, buildings, or real property as may be required for the conduct of Authority business as a type of agreement that may be made by the South Jersey Transportation Authority without a public bidding process. In addition, an amendment is proposed to add subsection (c) to define “sealed bids” both paper and electronic as it relates to the procurement of contracts by the South Jersey Transportation Authority. At N.J.A.C. 19:2-7.2, Purchases in excess of threshold set by Governor, amendments are proposed to: paragraph (a)l to make purchasing consistent with the Authority Purchasing Manual rather than the rules and regulations of the State Treasurer; paragraph (a)7 to streamline review to each individual department head; paragraph (b)l clarifying that the bids are solicited by the Authority; paragraph (b)2 clarifying the process for proper execution of documents for paper and electronic submissions; paragraph (b)3 clarifying the proper execution method for corrections to paper submissions; paragraph (b)4 clarifying the period to make changes to bid submissions; paragraph (c)l providing clarification of the requirements of bidders to conform to bid specifications; delete paragraph (c)2 requiring specific information on the front of the sealed envelope; recodify paragraph (c)5 as (c)4, require recording of submitted bids, and provide a policy for recommendation to the Board of Commissioners of a winning bid; delete paragraph (c)6 because its requirements are merged into other provisions of this subsection; paragraph (d)l amending the bid guarantee threshold for certain situations where the Directors of Finance and Engineering deem the situation necessary and provides notice standards for the same; paragraph (d)5 clarifying the return policy on bid guarantees when they are in the form of a check; and paragraph (f)l to providing clarification on variable to qualify the exigency policy for waiver of public bidding requirement. At N.J.A.C. 19:2-7.3, Purchases under the adjusted threshold, subsection (b) is proposed for deletion due to its redundancy with amended subsection (a). At N.J.A.C. 19:2-7.4, Limited purchase orders/purchase cards, amendments are proposed to subsections (a) and (b) to increase the threshold from $1,000 to $2,500 for purchase of goods and services with approval of the Executive Director through purchase orders (subsection (a)) and with a purchase card (subsection (b)). Also at N.J.A.C. 19:2-7.4, a proposed amendment adds subsection (c) to provide for rules regarding exigent or emergency situations for use of the purchase cards with authorization of the Executive Director or designee. At N.J.A.C. 19:2-7.6, Purchases under New Jersey State contracts, an amendment is proposed to change the section heading to “Purchases under New Jersey State contracts or in combination with the State or other agency contracts.” This amendment and a similar amendment made in subsection (a) will serve to apply the rules to all contracts made by the South Jersey Transportation Authority not only when the State is involved, but also when State agencies are involved. In addition, subsections (b) and (c) are added to provide procedures for public bidding of goods and services and allow the South Jersey Transportation Authority to use bidding for guarantee of best pricing for goods or services.
N.J.A.C. 19:2-8, Electronic Toll Collection Monitoring System, sets forth the rules and penalties related to collection of tolls on the Atlantic City Expressway through Electronic Toll Collection Monitoring Systems. At N.J.A.C. 19:2-8.2, Electronic toll collection monitoring system violation; Advisory and Payment Request, a proposed amendment to subsection (b) changes the administrative fee from $25.00 to $50.00. Also, proposed new rule N.J.A.C. 19:2-8.4, Electronic toll collection monitoring system; non-toll operations, is included to permit the use of the electronic toll collection monitoring system for non-toll operations, where applicable, and includes the imposition of an administrative fee.
N.J.A.C. 19:2-9, Highway Access and Occupancy Permits, sets forth the general provisions for South Jersey Transportation Authority review of access to and permitting of entry to the Atlantic City Expressway. At N.J.A.C. 19:2-9.1, Purpose and objective, an amendment is proposed to paragraph (d)l to remove the word “work” in the description of the plan the Authority will review and paragraph (d)2 is added to provide further pertinent information, including a description of the property right necessary to the South Jersey Transportation Authority process upon submission of an application for an access or occupancy permit. At N.J.A.C. 19:2-9.3, Fee schedule, subparagraph (a)3iv, specialized fees for detours, is proposed for deletion. Paragraph (b)2 is added for clarification of what a specialized fee does not include, specifically, services or equipment provided by the Authority. Expired N.J.A.C. 19:2-9.6, Non-construction access permits, is not proposed for continuation as a new rule.
As the Authority has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a) 5.

Social Impact

The adoption of the expired rules with proposed amendments does not result in any dramatic substantive revisions. Rather, greater clarity and understanding of the rules is achieved through minor revisions and additions. Thus, the amendments better enable the Authority to achieve the goals of the rules and in particular, through amending certain provisions, the Authority is updating to provide better cohesiveness between the rules and Authority policies and procedures.


The rules of the Authority, as codified in this chapter, provide established procedures for the orderly flow of motorized traffic, the collection of tolls, the use, operation and maintenance of Expressway property, and the safe and efficient use of the Expressway by the public. The rules also provide for penalties for violation of Authority rules. The rules proposed for adoption with amendments are necessary to update the management and regulation of the use, maintenance and operation of the Expressway.
If expired N.J.A.C. 19:2 is not adopted as new rules, the Authority would no longer have a mechanism to carry out the provisions of the Authority’s enabling statute to regulate the safe and efficient use of the Expressway by the motoring public, the collection of toll revenues, and the use, operation and maintenance of Expressway property. For these reasons, the failure to adopt these rules could seriously jeopardize the realization of the Legislative intent spelled out in N.J.S.A. 27:25A-1 et seq. Moreover, these rules afford protections to the motoring public that mandate their continued existence both to implement statutory provisions and to foster safe and efficient use of the Expressway by the public. Therefore, the rules will have beneficial social impact for users of the Expressway and Expressway property, and the general public.
The amendments to the various rules as set forth in the chapter are minor and technical in nature; and, therefore, the proposed amendments should not have any significant impact on users of the Expressway or Expressway property, or the general public.

Economic Impact

The Authority’s activities have a positive economic impact upon the economy of the State of New Jersey. Many of the Authority’s contractors, suppliers and consultants are based in New Jersey or employ significant numbers of New Jersey residents, providing substantial direct and indirect benefits to New Jersey’s economy.


The Authority finances its operations, including the construction and maintenance of facilities, through bonded indebtedness, toll revenue, and concession income, as permitted by its enabling legislation. A significant responsibility of the Authority is the operation and maintenance of the Expressway. The safe and expeditious use of the Expressway by the motoring public increases such use and thereby maintains the Authority’s ability to generate sufficient revenues to meet the financial obligations created by its bonded indebtedness through the collection of tolls. Because they further the collection of tolls and the sound operation of the Expressway and minimize the operating costs of the Expressway to assure repayment of the bonds, the rules proposed for adoption with amendments will have a positive impact by assuring the repayment of bonds upon which many persons rely as a long-term investment device.
The vehicular and non-vehicular rules contribute to, and promote the use of, the Expressway, which has significantly facilitated the development of those areas of southern New Jersey served by it. The adoption of these rules and amendments do not pose any significant effect on the public, other agencies, funding sources, administrative costs or monetary savings. Incidental changes to these rules regarding speed limits, purchasing and transport of hazardous materials are updated to conform with applicable existing State and Federal laws.
Specifically, the adoption of these expired rules with proposed amendments includes provisions for removal of toll free passage on the Atlantic City Expressway by South Jersey Transportation Commissioners and executive staff, providing the Authority with the potential of greater toll revenue. Further, the Authority proposes removal of daily fees for detours with regard to access and occupancy permits on the Atlantic City Expressway. There is a proposed addition of a five-cent administrative fee for the use of the electronic toll collection monitoring system for non-tolling operations, as well as a $50.00 administrative fee for toll violations. Overall, the Economic Impact of these amendments with adoption is limited.
The adoption of these expired rules with amendments will insure the safe, orderly and efficient flow of traffic and commerce for use of the Expressway, and Authority property. This furthers the purpose of the Authority, which is to promote the economic growth and expansion of the southern New Jersey area, which the Expressway and Expressway projects serve.

Federal Standards Statement

A Federal standards analysis is not required because the expired rules proposed for adoption with amendments are not subject to any Federal requirements or standards. The rules are dictated by the statute that establishes the Authority, N.J.S.A. 27:25A-1 et seq., and its purpose of coordination of the transportation systems of South Jersey.



Jobs Impact

The expired rules proposed for adoption with amendments will not result in the generation or loss of jobs in the State of New Jersey.



Agriculture Industry Impact

The expired rules proposed for adoption with amendments will have no impact on the agriculture industry in New Jersey.



Regulatory Flexibility Analysis

The expired rules proposed for adoption with amendments may impose compliance requirements on small businesses, as defined by the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., that use the Expressway to transport persons or goods. N.J.A.C. 19:2 applies to all members of the public, to the extent they use the Expressway. Substantive rules regarding the control of traffic on the Expressway are uniformly applied to all for the protection of the traveling public. Organizational and procedural rules are equally applied to all segments of the business community; however, certain provisions of N.J.A.C. 19:2 may have direct or indirect economic impacts on small businesses, such as Subchapter 7, which controls bidding, Subchapter 4, which controls permitting for restricted uses, and Subchapter 9 which addresses access permit applications. The costs of such requirements are estimated by the Authority to be the minimum required for the fulfillment of its responsibility to assure safe and efficient use of the Expressway.


The Authority’s policies of advancing opportunities for small business enterprises, including minority and women-owned businesses, assure that these enterprises will have a fair opportunity to compete for public contracts. Because neither the need for the Authority to regulate activity on the Expressway, nor the difficulty of the permit application process is directly related to the applicant’s business size, no lesser requirements or exemptions are provided for small businesses.
No other section of the expired rules proposed for adoption with amendments for the operation of the Expressway impacts on small businesses.
The Authority believes then that the rules with amendments, as proposed, are necessary to promote safe and efficient use of the Expressway by the motoring public. The Authority does not believe that the requirements proposed are unduly burdensome on small businesses, as the purpose of the rules is to assure safe and efficient use of the Expressway for all, including small businesses. The purpose does not vary based upon business size. Therefore, no differentiation based on business size is provided.

Housing Affordability Impact Analysis

The expired rules proposed for adoption with amendments will have no impact on housing affordability in this State. The rules set forth procedures for management and oversight of the Atlantic City Expressway.



Smart Growth Development Impact Analysis

The expired rules proposed for adoption with amendments will have no impact on the number of housing units or the availability of affordable housing in the State, and will have no effect on smart growth development in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan. The rules set forth procedures for management and oversight of the Atlantic City Expressway.


Full text of the expired rules proposed for adoption as new rules may be found in the New Jersey Administrative Code at N.J.A.C. 19:2.
Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

19:2–1.2 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

“Atlantic City Expressway” or “Expressway” means the expressway project known as the Atlantic City Expressway, constructed by the New Jersey Expressway Authority pursuant to Section 40 of P.L. 1962, c.10 (N.J.S.A. 27:12C-40, repealed). Roadways 187, 87, and a portion of Route 30 are not considered part of the Atlantic City Expressway but are owned and maintained by the Authority and subject to the Authority’s rules and regulations.

Atlantic City Expressway Connector” means the portion of the roadway containing a tunnel connecting the Atlantic City Expressway to Brigantine.

...


Bicycle” means any vehicle with two wheels supported by a frame propelled by the feet acting upon pedals.

...


Omnibus” means the term “omnibus” as defined in N.J.S.A. 39:1-1.

...


19:2–1.3 Route maps

A route map showing the Expressway is available upon request at a manned toll booth, at the administrative offices of the Expressway, [and] at the Tourist Information Center located at the service plaza inside the restaurant area, and the Visitor Center located in the intercept lot.

19:2–3.6 Parking, standing, or stopping of vehicles

(a)-(c) (No change.)

(d) Parking in public parking facilities at the service areas shall not exceed a two-hour period, except in designated commuter parking areas.

(e)-(i) (No change.)

19:2–4.2 Animals

(a) (No change.)

(b) This restriction does not apply to dogs, cats, or other domesticated household pets if kept on a leash in designated dog walk areas.

19:2–4.3 Restricted vehicles

(a) The following vehicles are prohibited at all times from using the Expressway:

1.-7. (No change.)

8. Vehicles or combinations of vehicles, including any loads thereon, which exceed the following maximum dimensions:

i.-ii. (No change.)

iii. Height: 13 feet, [six] nine inches;

iv. (No change.)

9.-11. (No change.)

(b) Alternate fueled vehicles powered by liquefied petroleum gas (LPG), liquefied natural gas (LNG), or compressed natural gas (CNG) shall be permitted to use the Brigantine Connector Tunnel only when the vehicle has:

1. A dedicated alternate fuel system installed by the manufacturer of the vehicle, or

a fuel system that has been properly converted to an alternate fuel system;

2. A vehicle alternate fuel system that conforms to applicable Federal regulations including, but not limited to, 40 CFR 85, 86, and 600, and to applicable industry standards, including the following National Fire Protection Association (NFPA) standards, incorporated herein by reference, as amended and supplemented, available at www.njpa.org:

i. NFPA 52-Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems (1998 Edition);

ii. NFPA 58-Standard for the Storage and Handling of Liquefied Petroleum Gases (LPG) (1998 Edition); and

iii. NFPA 59A-Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG) (2013 Edition);

3. A fuel capacity that does not exceed 150 pounds net weight of fuel; and

4. All markings and symbols displayed required by law or regulation to identify the alternate-fuel system.

[(b)] (c) (No change in text.)

19:2–5.1 Waste and rubbish

No person shall throw, dump, or otherwise dispose of bottles, cans, papers, garbage, rubbish, or any other waste materials of any kind or description on the Expressway, except in receptacles intended for that purpose. Receptacles provided along the Expressway are only for travel trash, no household or bulk items are permitted.

19:2–6.1 Payment of tolls

(a) (No change.)

(b) Tolls shall be paid as set forth and in the manner prescribed by the Authority at each toll, which may be by currency, coin, [authorized Authority token or scrip], or [by means of an] electronic toll collection [debit account] for the passage of all vehicles on the Expressway in amounts and at the locations designated by the Authority, except at locations designated as E-Z Pass only.

(c)-(d) (No change.)

19:2–6.2 Toll-free passage

(a) Unless specifically authorized by the Authority, no toll-free passage through toll collection points on the Expressway will be permitted, except for the following:

[1. The Commissioners and executive staff members of the Authority;]

Recodify existing 2-5. as 1.-4. (No change in text.)

(b) All operators of vehicles that are identified in (a)[3, 4 and 5] 2, 3, and 4 above must make written application to the Executive Director prior to enjoying toll-free passage. All applications will be reviewed by the Executive Director to insure the operation of the vehicles qualify for toll-free passage.

SUBCHAPTER 7. PURCHASING REGULATIONS

19:2–7.1 General provisions

(a) (No change.)

(b) Any purchase, contract, or agreement may be made, negotiated, or awarded by the Authority without public bid or advertising under the following circumstances:

1.-8. (No change.)

9. For the printing of bonds and related documents for the sale thereof; [or]

10. To contract for liability or indemnification insurance to meet the needs of the Authority[.]; or



11. The lease of office space, office machinery, specialized equipment, buildings, or real property as may be required for the conduct of Authority business.

(c) For purposes of the rules set forth in this subchapter, the phrase “sealed bids” shall mean for such bids permitted by the Authority to be submitted via traditional paper copy, bids that are sealed in envelopes and otherwise satisfying any other requirements imposed by the Authority for traditional paper bids. For purposes of bids submitted electronically, the phrase “sealed bids” shall mean bids that are retained or otherwise maintained in a separate section of software or other electronic device or program of any description or nature utilized and approved by the Authority and not accessed or opened by the Authority until the stated bid opening time as determined by the Authority.

19:2–7.2 Purchases in excess of the threshold as set by the Governor

(a) Rules concerning advertising and awards of bids include the following:

1. All purchases of personal property or services where the aggregate cost involved exceeds the threshold amount as determined by the Governor pursuant to N.J.S.A. 52:34-7, which threshold amount shall be adjusted by the Governor as provided in (a)2 below, shall be made only after public advertisement for competitive bids, except where exempted by law. In cases where public advertising is not required, the Authority shall follow [the rules and regulations of the State Treasurer] procedures outlined in the Authority’s Purchasing Manual to ensure that said purchase, contract, or agreement promotes full and free competition whenever competition is practicable.

2.-6. (No change)

7. Prior to the award of any contract, the related Department Director [of Finance] and Executive Director shall forward their recommendations to the Commissioners. All awards of contracts shall be made by the Commissioners. The Executive Director or his or her designee may reject any and all bids when such rejection is in the best interests of the Authority. In determining the Authority’s best interest, the Authority may consider, but is not limited to, the following:

i.-iii. (No change.)

8. (No change.)

(b) Rules concerning terms and conditions applicable to submission of bids include:

1. All bids [are to] solicited by the Authority must be submitted [in sealed envelopes on quotation forms provided] in accordance with applicable instructions on or before the time fixed for the public opening.

2. All bids must be properly signed and executed for paper bids and certified for electronic bids.

3. Any correction of an entry made on [the] a quotation form submitted as a traditional paper copy should be initialed by [the party signing the bid] a duly authorized representative of the bidder.

4. Bidders may withdraw, or withdraw and resubmit, bids at any time up to 15 minutes prior to the public opening [and signed by a duly authorized representative of the bidding firm. Bids] as long as the resubmitted bid fulfills all requirements applicable to the initial bid. Traditional paper bids so withdrawn shall be returned to the bidders unopened.

5. - 7. (No change.)

(c) Rules concerning receipt and opening of bids include:

1. All bids solicited by [advertising or by mail must be submitted in sealed envelopes on the appropriately signed quotation forms] the Authority must be submitted in accordance with the Authority’s Standard Specifications or the specific provisions of each bid or proposal specifications or contract documents before the time fixed for the public opening. Any bids received by mail after the bidding has been closed shall be returned unopened.

[2. The bidder, item description, applicable purchase request or contract number, if any, bid opening date and time shall be designated on the face of each sealed envelope submitted.]

Recodify existing 3. - 4. as 2. - 3. (No change in text.)

[5.] 4. Simultaneously with the public reading of the bids, the bids shall be recorded [on a bid summary. The original copy of such summary shall be signed by the reader] in writing or electronically. A copy of the summary shall be forwarded to the related Department Director and the Executive Director will make an award recommendation to the Board of Commissioners for their action thereon.

[6. The bid summary form shall record all bids timely received whether complying with all formalities or not. Due note shall be made on the bid summary form with respect to any bid which did not comply with the formalities.]

(d) Rules concerning bid guarantees include:

1. Except when specifically waived by the Authority, all bids submitted relative to acquisitions wherein the total bid price aggregate exceeds the adjusted threshold, shall be accompanied by a bid guaranty in an amount not less than [ten per cent] 10 percent of the bid,[. However, no bidder shall be required to make a deposit in excess of $20,000.] but may not exceed $20,000. In the event that the Authority deems necessary a higher bid guarantee, such amount shall be mutually agreed upon by the Director of Finance and the Director of Engineering. The form and amount thereof shall be set forth or specified in the bid specifications.

2. - 4. (No change.)

5. All bid guarantees submitted in the form of a check, except the three lowest submitted bids, shall be returned to bidders as soon as possible after the award of a contract.

(e) (No change.)

(f) Rules concerning dispensing with bids when an emergency exists include:

1. When the Commissioners deem that the health, welfare, safety, or protection of the public or of its or other public property, the public convenience or the exigency of the Authority’s service will not allow sufficient time to advertise and award bids according to the requirements of these regulations, the Commissioners may waive the requirement of public bidding.

2. (No change.)

19:2-7.3 Purchases under the adjusted threshold

(a) In the case of purchases of personal property or services where the aggregate cost, contract price or amount involved is [equal to or exceeds $3,500, but is] less than the bid threshold, written bids shall be solicited from qualified vendors.

[(b) Where the acquisition is for less than $3,500, informal bids should be solicited from qualified vendors.]

Recodify existing (c) - (f) as (b) - (e) (No change in text.)

19:2-7.4 Limited purchase orders/purchase cards

(a) Purchases of goods and services of a value not exceeding [$1,000] $2,500 may be made on limited purchase orders directly by employees so authorized in writing by the Executive Director or his or her authorized designee under procedures promulgated by the Director of Finance.

(b) Use of purchase cards for goods and services with values not exceeding [$1,000] $2,500 must be authorized in writing by the Executive Director or his or her authorized designee under procedures promulgated by the Director of Finance.

(c) In the event of an exigency or emergency declared by the Executive Director or his or her designee, the purchase cards may be used to procure goods and services as needed to protect the health, welfare, and safety of the public. Such values will be authorized by the Executive Director or his or her designee.

[(c)] (d) (No change in text.)

19:2-7.6 Purchases under New Jersey State contracts or in combination with the State or other agency contracts

(a) When it is deemed advisable and in the best interest of the Authority, the manager of purchasing or his or her authorized designee may recommend that services, equipment, goods, materials, and supplies be purchased directly, without advertising, from vendors who hold contracts with the State of New Jersey or other State or multi-state authorities or agencies of the State of New Jersey for the furnishing of such items to the State. In such cases, the execution of the contract or order shall be made by the Director of Finance, or his or her authorized designee, with the approval of the Executive Director, or his or her authorized designee.

(b) When it is determined to be proper and in the best interests of the Authority, the Authority may contract with and purchase by public bid procedure, services, equipment, goods, materials, and supplies, in combination with the requirements of the State of New Jersey or other State or multi-state authorities or agencies.

(c) When it is determined to be proper and in the best interest of the Authority, the Authority may determine, by public bid procedure, the best price for the purchase of services, equipment, goods, materials, and supplies. If that price is lower than the price that the State of New Jersey or other State or multi-state authorities or agencies of the State of New Jersey have obtained through public bidding, the Authority may separately award such contract. If it is determined that the price by public bid procedure is not lower than that obtained through a public bid process by the State of New Jersey or other State or multi-state authorities or agencies, the Authority may contract with the vendors holding contracts with these entities.
SUBCHAPTER 8. ELECTRONIC TOLL COLLECTION MONITORING SYSTEM
19:2-8.2 Electronic toll collection monitoring system violation; [advisory and payment request] Advisory and Payment Request

(a) (No change.)

(b) Within 30 days from the date that a toll violation is recorded by a toll collection monitoring system, the Authority or its agent may send an Advisory and Payment Request to the owner of the violating vehicle by regular mail as provided by P.L. 1997, c.59. Upon receipt of the Advisory and Payment Request, the owner of the violating vehicle shall pay to the Authority or its agent, the proper toll and an administrative fee [in the amount of $25.00] of $50.00 per violation. If the owner fails to pay the required toll and fee within 60 days of the date on which the Advisory and Payment Request was sent, the owner shall be subject to penalties as prescribed in N.J.A.C. 19:2-8.3. The Authority or its agent may cause additional Advisory and Payment Requests to be issued in regard to an unresolved violation.

(c)-(h) (No change.)


19:2-8.4 Electronic toll collection monitoring system; non-toll operations

The Authority may facilitate the use of the electronic toll collection monitoring system as a payment option for non-toll operations, such as in parking facilities. The Authority will charge an administrative fee of $0.05 for the facilitation of this service.
SUBCHAPTER 9. HIGHWAY ACCESS AND OCCUPANCY PERMITS

19:2-9.1 Purpose and objective

(a) - (c) (No change.)

(d) Upon submission of an access or occupancy permit application, the Authority shall:

1. Review the [work] plan and offer guidance regarding the application and review process for the particular project;

2. Determine the form of property right necessary to effectuate the long-term entries of the Authority;

Recodify existing 2.- 6. as 3. - 7. (No change in text.)

19:2-9.3 Fee schedule

(a) The following fee schedule is established to offset costs associated with the effects of work on roadway useful life and the review, administration, inspection, and other necessary tasks performed by Authority staff. The fee schedule shall be established as follows:

1.-2. (No change.)

3. Nonrefundable specialized fees are required as follows:

i. (No change.)

ii. Lane closure-$500.00 per lane per location per day; and

iii. Slow downs-$75.00 per set-up[; and].

[iv. Detours-$25.00 per day.]

(b) Fees for all other items of specialized work shall be determined by the Director of Engineering on a case-by-case basis. Such determination shall be based upon the amount of staff time and services provided.

1. (No change.)



2. Specialized fees do not include services or equipment provided by the Authority.

[19:2-9.6 Non-construction access permits

(a) In the following circumstances, the fees provided in N.J.A.C. 19:2-9.3 shall not apply and shall not be required. Instead, the applicant shall pay a $5.00 application fee and the appropriate permit fee as follows:

1. Telephone booth installation-$35.00 each; and

2. All other non-construction permits as determined by the Director of Engineering-$25.00.

(b) Failure to obtain a non-construction permit shall result in the imposition of fines in accordance with N.J.A.C. 19:2-1.1(f) and/or removal fees in accordance with N.J.A.C. 19:2-5.3(b).]


19:2–[9.7]9.6 (No change in text.)

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