A2189

An Act concerning the vertical clearance of certain bridges and supplementing P.L.1986, c.104 (C.27:5G-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Bridge” means any structure carrying a highway or roadway across a navigable waterway.

“Bridge inspection program” means any program implemented by the department to oversee the inspection of bridges in this State, including, but not limited to, the program implemented by the department to comply with the minimum inspection standards required under 23 U.S.C. s.144, and the federal regulations adopted thereunder.

“Department” means the Department of Transportation.

“Navigable waterway” means any waterway that is deep enough and wide enough to afford passage to watercraft, including, but not limited to, canoes or kayaks, during high tide. This term shall also include areas of any waterway that are upstream of obstructions, including, but not limited to culverts, provided that the water course is tidally influenced in the upstream area.

“Vertical clearance” means the distance between the lowest point of a bridge and the mean high water level of the underlying navigable waterway.

b. (1) When a municipality is responsible for inspecting any bridge under a bridge inspection program, the municipality shall submit a written report to the department, as directed by the department pursuant to subsection d. of this section, detailing the vertical clearance of the bridge. The municipality shall submit the written report to the department within 14 calendar days after an inspection report has been completed, in accordance with any applicable requirements of the bridge inspection program, for the bridge.

(2) When a county is responsible for inspecting any bridge under a bridge inspection program, the county shall submit a written report to the department, as directed by the department pursuant to subsection d. of this section, detailing the vertical clearance of the bridge. The county shall submit the written report to the department within 14 calendar days after an inspection report has been completed, in accordance with any applicable requirements of the bridge inspection program, for the bridge.

(3) When the department retains responsibility for inspecting any bridge under a bridge inspection program, the department shall determine the vertical clearance of the bridge. The department shall include the vertical clearance of the bridge on the database developed pursuant to subsection c. of this section within 14 calendar days after an inspection report has been completed, in accordance with any applicable requirements of the bridge inspection program, for the bridge.

c. Within 60 calendar days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall develop and publish, on its official Internet website, a database detailing the vertical clearances of every bridge in the State, as such information shall be reported to, or determined by, the department pursuant to subsection b. of this section. The department shall update the database, as necessary, except that the department shall update the database no later than 14 calendar days after the receipt of any written report submitted by a municipality or county pursuant to subsection b. of this section.

d. (1) The department shall prescribe the form and manner in which a municipality or county shall submit the written reports required under subsection b. of this section.

(2) When two or more municipalities and counties share responsibility for the inspection or maintenance of any bridge under a bridge inspection program, the department shall provide written notice to each municipality or county, as applicable, which notice shall indicate the municipality or county that shall be responsible for the submission of the written report required under subsection b. of this section for the bridge.

2. The Department of Transportation may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement the provisions of this act.

3. This act shall take effect immediately.

STATEMENT

This bill requires the Department of Transportation (DOT) to develop and maintain an online database, which details the vertical clearances of bridges in the State that carry a highway or roadway across any navigable waterway.

Under the bill, when a municipality or county is responsible for inspecting any bridge under a bridge inspection program implemented by the DOT, the municipality or county would be required to submit a written report to the DOT detailing the vertical clearance of the bridge. Specifically, the bill requires the municipality or county, as applicable, to submit the written report to the DOT within 14 calendar days after an inspection report has been completed, in accordance with any applicable requirements of the bridge inspection program, for the bridge. The bill also requires the DOT to determine the vertical clearance of every bridge for which the DOT retains responsibility to inspect.

Using this information, the bill requires the DOT to develop and publish, on its official Internet website, a database detailing the vertical clearances of every bridge in the State, as such information is reported to, or determined by, the DOT. At a minimum, the bill requires the DOT to update this database no later than 14 calendar days after the receipt of every written report submitted by a municipality or county under the bill.

Specifically, the bill defines “vertical clearance” to mean the distance between the lowest point of a bridge and the mean high water level of the underlying navigable waterway.