LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
ASSEMBLY, No. 3811
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: JULY 3, 2023
SUMMARY
Synopsis: Requires geotechnical testing and certain monitoring of transportation
projects.
Type of Impact: Annual increase in State expenditures; potential annual local
expenditure and revenue increases.
Agencies Affected: Department of Transportation, Counties, and Municipalities.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Expenditure Increase Indeterminate
Potential Local Expenditure Increase Indeterminate
Potential Local Revenue increase Indeterminate
 The Office of Legislative Service (OLS) concludes that the bill will result in increased annual
expenses for the Department of Transportation, as well as certain counties and municipalities
that sponsor major transportation projects, to conduct the required ongoing geotechnical testing
and monitoring for those transportation projects.
 These requirements would apply to major transportation projects, which include projects
funded in whole or in part by State resources, including those of the Transportation Trust Fund
Authority, and that have an estimated completion date of not less than three years after the date
on which the final design phase of the project commenced. Accordingly, the OLS notes that
local government sponsors of major transportation projects may receive State transportation
funding through the Annual Transportation Capital Program for the geotechnical testing and
monitoring.
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
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BILL DESCRIPTION
This bill requires a geotechnical engineer to provide an expert recommendation concerning the
type and frequency of geotechnical tests needed for major transportation projects. The
recommended type and frequency of testing is to be included in the construction contracts of the
project and are to be completed during the construction phase of the project. The geotechnical
engineer is to be retained by the entity that solicits bids for a major transportation project. The bill
defines a “major transportation project” to mean 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.
The bill requires groundwater testing to have occurred within 180 days of the date primary
construction begins for any major transportation project that requires groundwater
testing. Groundwater monitoring is required to continue if the site conditions warrant more
frequent testing, as determined by the geotechnical engineer.
Under the bill, data is to be collected concerning the shifting and settling of the major
transportation project. The shifting and settling is to be monitored and compared against the levels
of shifting and settling deemed acceptable by the project’s design documents. If the shifting and
settling is greater than that deemed acceptable by the design documents, advanced monitoring is
to be completed, as determined by the Department of Transportation.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that the bill will result in increased annual expenses for the Department of
Transportation, as well as certain counties and municipalities that sponsor major transportation
projects, to conduct the required ongoing geotechnical testing and monitoring for those
transportation projects.
These requirements would apply to major transportation projects, which include projects
funded in whole or in part by State resources, including those of the Transportation Trust Fund
Authority, and that have an estimated completion date of not less than three years after the date on
which the final design phase of the project commenced. Accordingly, the OLS notes that local
government sponsors of major transportation projects may receive State transportation funding
through the Annual Transportation Capital Program for the geotechnical testing and monitoring.
Section: Authorities, Utilities, Transportation and Communications
Analyst: Michael D. Walker
Assistant Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
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This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).