Lance: Show Us the Opinion

September 19, 2008

Contact: Bill Murray / 609-292-5199
Senator Leonard Lance (R-23)

Turnpike Authority Must Release the Legal Opinion It Keeps Referencing

Senate Republican Budget Officer Leonard Lance issued the following statement regarding published comments by a Department of Transportation spokesman that it possesses a legal opinion that permits the diversion of tolls to the new trans-Hudson rail tunnel.

“I find it disturbing that the Department of Transportation continues to claim that it has legal justification for the diversion of Turnpike revenue to the new trans-Hudson rail tunnel. I believe the DOT must produce any legal documents that it has related to the diversion of tolls.

The law states: In the exercise of its powers, by resolution to fix and revise from time to time and charge and collect tolls, fees, licenses, rents, concession charges, and other charges for each transportation project or any part thereof constructed or acquired by it. No toll revenue derived from the New Jersey Turnpike or Garden State Parkway shall be used or available for any transportation project other than a highway project and all transportation projects other than highway projects shall be self sustaining: provided, however, that such toll revenues may be used to finance or support the costs of non-highway transportation projects on an interim basis according to such terms, with or without interest, as the authority shall establish. (Emphasis added)

The language of the statute is clear and unambiguous. The rail tunnel is not a highway project or a ten-year project cannot be considered interim by any standard. The administration should release any and all legal opinions related to the diversion of tolls to the new trans-Hudson rail project.”

Link to Post:

http://www.senatenj.com/index.php/lance/lance-show-us-the-opinion/1099