Bill Summary – FastDemocracy

LEGISLATIVE FISCAL ESTIMATE
                               ASSEMBLY, No. 3904
                             STATE OF NEW JERSEY
                               221st LEGISLATURE
                                             DATED: JULY 2, 2024
                                                  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 transportation projects, in order to conduct the required ongoing geotechnical
     testing and monitoring for those transportation projects.
    These requirements would apply to transportation projects that are funded in whole or in part
     by State resources, including those of the Transportation Trust Fund Authority, and which
     project’s structure and site condition require geotechnical testing, groundwater testing and
     monitoring, or deformation monitoring. Accordingly, the OLS notes that local government
     sponsors of transportation projects may receive State transportation funding through the
     Annual Transportation Capital Program for the required testing and monitoring.
                                            BILL DESCRIPTION
    This bill requires a geotechnical engineer to provide recommendations concerning the type and
frequency of geotechnical tests needed for transportation projects. These recommendations will
be based on the type, structure, and site conditions of the transportation project. All
recommendations will be implemented during the construction phase of the transportation project,
unless directed otherwise by the State transportation engineer, a designee of the State
      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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transportation engineer, or a person in an equivalent position to the State transportation engineer.
The geotechnical engineer is to be retained by the entity that solicits bids for a transportation
project.
    Prior to the start of construction of a transportation project that requires groundwater testing
and monitoring, the bill requires the completion of groundwater testing and monitoring at the
project site. Thereafter, if warranted by the site conditions, the bill also requires ongoing
groundwater testing and monitoring, as determined by a geotechnical engineer, geologist, or the
entity that solicits bids for a transportation project. Data from the groundwater testing and
monitoring is not to exceed three years from the start of construction.
    In addition, if deemed necessary by a geotechnical engineer or the entity that solicits bids for
a transportation project, the bill requires the collection and analysis of deformation data. If the
deformation exceeds the limits deemed acceptable by a geotechnical engineer, then advanced and
ongoing monitoring of the deformation will commence for a period of time after construction is
complete, which period of time will be determined by the geotechnical engineer or the entity that
solicits bids for a transportation project.
    The bill requires the department to comply with all internal standards, manuals, procedures,
and design documents. The department is prohibited from waiving any of the standards and
procedures provided in these documents except in certain circumstances.
                                           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, as
well as certain counties and municipalities that sponsor transportation projects, in order to conduct
the required ongoing geotechnical testing and monitoring for those transportation projects.
    These requirements would apply to transportation projects, that are funded in whole or in part
by State resources, including those of the Transportation Trust Fund Authority, and which project’s
structure and site condition require geotechnical testing, groundwater testing and monitoring, or
deformation monitoring. Accordingly, the OLS notes that local government sponsors of
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
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.).