[Second Reprint]
ASSEMBLY, No. 3811
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED MAY 2, 2022
Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Thomson, Spearman and Assemblywoman Lampitt
SYNOPSIS
Requires geotechnical testing and certain monitoring of transportation projects.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on June 22, 2023, with amendments.
An Act concerning certain testing and monitoring of transportation capital projects and supplementing Title 27 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any law, rule, or regulation to the contrary, for any 2major2 transportation project 2[funded in whole or in part by State resources, including those of the Transportation Trust Fund Authority]2, a geotechnical engineer shall provide expert recommendations during the final design phase of the 2major2 transportation project concerning the type and frequency of geotechnical testing, including subsequent monitoring as needed, that shall be required for such 2major2 transportation project. The recommendations of the geotechnical engineer shall be based upon the type of 2major2 transportation project and the site conditions of such project. The recommended type and frequency of testing made by a geotechnical engineer pursuant to this subsection shall be included as a requirement in the construction contracts for the 2major2 transportation project. During the construction phase of the 2major2 transportation project, all geotechnical testing recommended by the geotechnical engineer, including the frequency of testing, shall be completed. 2A geotechnical engineer shall be retained by the entity that solicits bids for a major transportation project.2
b. Primary construction of a 2major2 transportation project 2[that is funded in whole or in part by State resources, including those of the Transportation Trust Fund Authority]2, which requires groundwater testing at the project site, shall not commence unless the groundwater test occurred within 180 days of the start of primary construction. Groundwater monitoring shall continue, thereafter, if the site conditions of the 2major2 transportation project warrant more frequent groundwater testing, as determined by the geotechnical engineer.
c. During primary construction of each 2major2 transportation project 2[funded in whole or in part by State resources, including those of the Transportation Trust Fund Authority,]2 and for a period of time after construction is complete, as determined by the Commissioner of Transportation, data concerning the shifting and settling of the 2major2 transportation project shall be collected and any shifting and settling of the 2major2 transportation project shall be monitored. The data collected shall be compared against the levels of shifting and settling deemed acceptable by the design documents of the 2major2 transportation project. If the shifting and settling exceeds the limits deemed acceptable by the design documents, advanced monitoring of the shifting and settling of the 2major2 transportation project shall be completed, as determined by the Commissioner of Transportation.
d. The Department of Transportation shall comply with all internal standards, manuals, procedures, and design documents and shall not waive any of the standards and procedures provided in these documents, including the standards and procedures that relate to subsurface data.
1e. Nothing in this section shall be construed to circumvent or supersede existing professional practice laws.1
2f. As used in this section, “major transportation project” means a transportation project that is funded in whole or in part by State resources, including those of the Transportation Trust Fund Authority, and that has an estimated project completion date not less than three years after the date on which the final design phase of the project commenced.2
2. This act shall take effect 180 days following the date of enactment.