Bill
A 3904
Establishes mandatory geotechnical oversight, groundwater testing, and deformation monitoring for State-funded transportation projects to identify and manage subsurface risks.
Status and timeline
- Introduced: February 27, 2024 (Assembly).
- Enacted: Approved March 6, 2025 (chap. 28 of P.L.2025).
- Effective: 180 days after enactment.
- Sponsors: Asm. Jo Anne Simon (primary), Cosponsor Phil Steck.
- Companion: S2954.
Purpose
- To require geotechnical oversight, pre‑construction groundwater testing, and ongoing monitoring (including deformation monitoring where needed) for transportation capital projects funded in whole or in part with State resources, and to ensure the Department of Transportation (DOT) follows its internal standards for subsurface data and related procedures.
Key provisions
- Geotechnical engineer engagement
- When a project’s structure and site conditions require geotechnical testing, the entity that solicits bids must utilize and retain a geotechnical engineer.
- The geotechnical engineer must provide recommendations during the design phase on the type and frequency of geotechnical testing.
- Recommended testing (and its frequency) must be implemented during construction unless exempted by the State transportation engineer (or designee/equivalent).
- Groundwater testing and monitoring
- Projects that require groundwater testing may not begin construction until initial groundwater testing/monitoring at the site has occurred.
- Ongoing groundwater monitoring must continue if site conditions warrant, as determined by a geotechnical engineer, geologist, or the bidding entity.
- Monitoring data retention/coverage is limited to not exceed five years from the start of construction (floor amendment changed this from three to five years).
- Deformation monitoring
- Where required, deformation data must be collected and compared to acceptable limits set by a geotechnical engineer.
- If deformation exceeds acceptable limits, advanced and ongoing monitoring must be implemented and continue for a period after construction as determined by the geotechnical engineer or the bidding entity.
- DOT standards and waivers
- DOT must comply with its internal standards, manuals, procedures, and design documents related to subsurface data; these may not be waived except with approval of the State transportation engineer (or designee/equivalent).
- Clarifications and limits
- The act does not supersede professional practice laws.
- It does not apply to projects that had already passed concept development, selection of a preferred alternative, or an equivalent milestone prior to the act’s enactment.
- Rulemaking
- DOT authorized to adopt rules as necessary under the Administrative Procedure Act.
Who is affected
- Primary: New Jersey Department of Transportation.
- Secondary: Counties, municipalities, and other entities that solicit bids for transportation projects funded in whole or part by State resources (including funds from the Transportation Trust Fund Authority).
- Professional: Geotechnical engineers and geologists engaged on covered projects.
Fiscal impact
- Office of Legislative Services (OLS) fiscal estimates (July 2, 2024 and Feb 3, 2025) conclude the bill will produce an indeterminate annual increase in State expenditures and potential indeterminate local expenditure and revenue increases to cover required geotechnical testing and monitoring. Local project sponsors may receive State capital program funding to help cover such costs.
Practical effect
- Establishes a stronger, standardized requirement for geotechnical oversight and site monitoring on State‑funded transportation projects to identify and manage subsurface, groundwater, and deformation risks during and after construction.
Compiled from official sources — confirm details with the bill’s official record.
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