WHEREAS, three separate
instrumentalities of the State of New Jersey currently operate the New
Jersey Turnpike, Garden State Parkway and Atlantic City Expressway (collectively,
the "authorities"); and
WHEREAS, in light
of the State's severe fiscal crisis it has become necessary to examine
the fiscal prudence of maintaining three separate instrumentalities to
operate these toll roads; and
WHEREAS, these authorities
are at present jointly acquiring and operating electronic toll collection
systems and may in the future make other joint investments in intelligent
transportation systems; and
WHEREAS, the authorities
are confronting the need to implement state-of-the-art security systems
made necessary by the threat of terrorist activities; and
WHEREAS, in light
of the age and condition of the existing toll roads, the authorities are
confronting the need to rehabilitate and/or modernize their facilities
and roads consistent with the State's smart growth policies; and
WHEREAS, the authorities
now have widely disparate available capital funds for these purposes;
and
WHEREAS, there is
a need for the authorities to engage in more coordinated planning in the
allocation of their capital budgets; and
WHEREAS, it has
become necessary to reassess the operational aspects of the authorities
to optimize efficiency and capacity and to reduce duplication of effort;
and
WHEREAS, in light
of the State's serious fiscal crisis it has become necessary to reexamine
whether the functions of these authorities to acquire, construct, administer,
operate and maintain their respective toll roads are duplicative and can
be consolidated to promote operational efficiency and economic savings;
NOW, THEREFORE,
I, JAMES E. MCGREEVEY, Governor of the State of New Jersey, by virtue
of the authority vested in me by the Constitution and the statutes of
this State, do hereby ORDER and DIRECT:
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There is hereby
created a Toll Road Consolidation Study Commission (the "Commission").
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The Commission
shall consider all issues related to the consolidation of the authorities
including but not limited to (a) legal matters, including review of
bond covenants and labor issues, (b) operational matters, (c) financial
savings or costs, including an assessment of market conditions and
whether they make consolidation a viable or costly option, and (d)
the need for more coordinated planning in the allocation of the authorities'
capital budgets.
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The Commission
shall consist of the following members appointed by the Governor:
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The chairpersons
of each of the respective authorities;
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The executive
directors of each of the respective authorities;
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At least
one specialist in public finance matters;
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At least
one specialist in public sector labor matters;
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One representative
of a labor union from each of the three authorities;
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One toll
payer of the State of New Jersey;
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One individual
who commutes via bus or railroad;
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The Chief
of the Governor's Office of Management and Operations or his designee;
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The Chief
of the Governor's Authorities Unit or his designee; and
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The Commissioner
of the State Department of Transportation or his designee.
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The Chief of
the Governor's Authorities Unit shall serve as chairperson of the
Commission.
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The Commission
shall report its findings and recommendations concerning toll road
consolidation to the Governor not later than August 1, 2002.
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The members shall
serve without compensation except for reimbursement of necessary expenses.
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The Commission
is authorized to engage the services of an independent management
consulting firm if necessary for the purposes of conducting a management
reorganization plan in order to clarify and detail the business vision
of the authorities and integrate management and reengineer operations
of the authorities where necessary.
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The Commission
is authorized to utilize the services of each of the authorities,
both internal staff as well as outside legal, engineering, financial
and other professionals, including those professionals engaged pursuant
to Paragraph 7 thereof, as necessary to complete its charge and related
analyses. Any fees accrued by the Commission for these services shall
be assumed by the authorities.
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All State departments
and agencies are hereby directed, to the extent not inconsistent with
law and within budgetary constraints, to cooperate with the Commission
to furnish it with such information, personnel, and assistance as
are necessary to accomplish the purposes of this Order.
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This Executive
Order shall take effect immediately.
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GIVEN, under
my hand and seal this
26th day of March in the Year of Our
Lord, Two Thousand and Two, and
of the Independence of the United
States, the Two Hundred and Twenty-Sixth.
/s/ James
E. McGreevey
Governor
[seal]
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Attest:
/s/ Paul A. Levinsohn
Chief Counsel to
the Governor