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S 2954

Requires geotechnical testing and certain monitoring of transportation projects.

2024-2025 Regular Session Introduced by Jim Beach and 4 co-sponsors

Requires state-funded transportation projects to hire geotechnical engineers, conduct mandated groundwater and deformation monitoring, and retain data for five years.

Substituted by A3904 (1R)
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Bill Summary · S 2954

Summary — S 2954

Title: Requires geotechnical testing and certain monitoring of transportation projects
Status: Substituted by A3904 (1R)
Introduced: (record contains multiple dates; earliest introduction shown in documents is March 11, 2024)
Subject: Transportation planning / capital projects

Purpose / Intent

S 2954 requires formal geotechnical oversight, groundwater testing, and—when warranted—deformation monitoring for State-funded (or partially State-funded) transportation capital projects. The goal is to ensure subsurface conditions and ground/structure behavior are documented and monitored during design, construction, and, if necessary, after construction to protect structural integrity and public safety.

Key provisions

  • Geotechnical engineer required:

    • The entity that solicits bids must retain a geotechnical engineer when a project’s structure/site conditions require geotechnical testing.
    • The engineer must recommend, during design, the type and frequency of geotechnical tests based on project type, structure, and site conditions.
    • All recommended geotechnical testing (including frequency) must be performed during construction unless exempted by the State transportation engineer or an approved designee.

  • Groundwater testing and monitoring:

    • For projects requiring groundwater testing, testing and monitoring must be completed prior to construction start.
    • Ongoing groundwater testing/monitoring must continue if site conditions warrant, as determined by a geotechnical engineer, geologist, or the bidding entity.
    • Groundwater testing and monitoring data retention/coverage shall not exceed five years from the start of construction (floor amendment changed this from three to five years).

  • Deformation monitoring:

    • If required, deformation data must be collected and compared to acceptable limits set by the geotechnical engineer.
    • If limits are exceeded, advanced and ongoing deformation monitoring must be implemented and continue for a period after construction as determined by the geotechnical engineer or bidding entity.

  • Department of Transportation (DOT) requirements:

    • DOT must comply with internal standards, manuals, procedures, and design documents and may not waive those standards except with approval by the State transportation engineer (or designee).
    • DOT may adopt rules to implement the law.

  • Exclusions and effective date:

    • The act does not apply to projects that had surpassed concept development, selection of a preferred alternative, or equivalent milestone before enactment.
    • Effective 180 days after enactment.

Who is affected

  • State: New Jersey Department of Transportation (DOT) — implementation, compliance, and potential rulemaking.
  • Local governments: Counties and municipalities that sponsor State-funded or partially State-funded transportation projects may be subject to the requirements (and could receive State funding through the Annual Transportation Capital Program to support testing/monitoring).
  • Project bidders and contractors: Must work with retained geotechnical engineers and follow required testing/monitoring regimes.

Fiscal and procedural notes

  • Office of Legislative Services (OLS) fiscal estimate: annual increases in State expenditures (indeterminate) and potential indeterminate increases in local expenditures and revenues. OLS prepared the estimate due to lack of Executive Branch fiscal note.
  • Agencies affected: Department of Transportation, counties, municipalities.
  • Legislative actions (selected): reported out of Senate Transportation Committee; Senate amendment adopted (Dec 19, 2024) changed groundwater data coverage to five years; bill later was substituted by companion A3904 (1R).

Sponsors / Related

  • Sponsors listed: Bernie Sanders (primary), Jeff Merkley (cosponsor) — companion bill: A3904.

Compiled from official sources — confirm details with the bill’s official record.

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