Bill Text: NJ A3881 | 2016-2017 | Regular Session | Amended
Bill Title: Establishes pilot program to allow certain counties and municipalities to use single firm for design and inspection services on certain transportation projects.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-01-08 - Passed by the Assembly (60-7-2) [A3881 Detail]
Download: New_Jersey-2016-A3881-Amended.html
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
Assemblywoman BETTYLOU DECROCE
District 26 (Essex, Morris and Passaic)
Co-Sponsored by:
Assemblywoman Handlin
SYNOPSIS
Establishes pilot program to allow certain counties and municipalities to use single firm for design and inspection services on certain transportation projects.
CURRENT VERSION OF TEXT
As reported by the Assembly Transportation and Independent Authorities Committee on January 19, 2017, with amendments.
An Act concerning design and inspection services for certain transportation projects and supplementing Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Commissioner" means the Commissioner of Transportation.
"Design professional" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor, that proposes to design any public project, who is registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and classified by the New Jersey Division of Property Management and Construction or the New Jersey Department of Transportation, where applicable, to perform design services.
"Design services" means architectural, engineering, and related design services provided by a design professional.
"Federal aid highway" means any highway within the State in connection with which the State receives payment or reimbursement from the federal government under the terms of Title 23 of the United States Code or any amendment, successor, or replacement thereof.
1["Federal-aid] "Federal aid1 highway funds" means federal funds authorized by Congress to assist the states in providing for construction, reconstruction, and improvement of highways and bridges on eligible federal aid highways and for other special purpose programs and projects.
"Inspection professional" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor, that proposes to design any public project, who is registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and classified by the New Jersey Division of Property Management and Construction or the New Jersey Department of Transportation, where applicable, to perform inspection services.
"Inspection services" means construction inspection, surveying and materials testing, quality control inspection, and other inspection services provided by an inspection professional.
"Professional firm" means any individual, firm, partnership, corporation, association or other legal entity permitted by law to provide professional engineering services in this State.
2. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the Department of Transportation shall establish a five-year pilot program to evaluate the costs and benefits of allowing a professional firm to provide both design services and inspection services for a project that receives 1[federal-aid] federal aid1 highway funds.
b. The Commissioner of Transportation shall select three counties in the State to participate in the pilot program. The counties shall be selected as follows: the county in the State with the largest population according to the most recent federal decennial census; the county in the State with the smallest population according to the most recent federal decennial census; and a third county, determined by the commissioner, provided that each of the three counties selected to participate in the pilot program shall be of a different class as determined pursuant to 1[P.L.1979, c.181 (C.40A:6-1)] N.J.S.40A:6‑11.
c. The commissioner shall review the conflict of interest protocol submitted by a municipality or county pursuant to subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or subsection b. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall determine, within 10 days of receipt of the protocol, whether the protocol is consistent with all federal and State laws, rules, and regulations including, but not limited to, those requirements specified in 23 1[CFR 1.33] C.F.R. s.1.331, 23 1[CFR 172.9] C.F.R. s.172.91, 23 1[CFR 635.105] C.F.R. s.635.1051, 23 1[CFR 636.116] C.F.R. s.636.1161, and 23 1[CFR 636.117] C.F.R. s.636.1171. If the commissioner determines that a municipality's or county's protocol is consistent with all federal and State laws, rules, and regulations, the commissioner shall approve the municipality or county to participate in the pilot program. If the commissioner determines that a municipality's or county's protocol is not consistent with all federal and State laws, rules, and regulations, the commissioner shall not approve the municipality or county to participate in the pilot program.
3. A municipality in a county selected by the commissioner pursuant to subsection b. of section 2 1of P.L. , c. (C. ) (pending before the Legislature as this bill)1 to participate in the pilot program shall be permitted, pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), to select a professional firm to provide design services and inspection services for a municipal project that receives 1[federal-aid] federal aid1 highway funds provided that:
a. the municipality develops a conflict of interest protocol consistent with all federal and State laws, rules, and regulations including, but not limited to, those requirements specified in 23 1[CFR 1.33] C.F.R. s.1.331, 23 1[CFR 172.9] C.F.R. s.172.91, 23 1[CFR 635.105] C.F.R. s.635.1051, 23 1[CFR 636.116] C.F.R. s.636.1161, and 23 1[CFR 636.117] C.F.R. s.636.1171;
b. the municipality submits its conflict of interest protocol to the commissioner;
c. the municipality is approved by the commissioner to participate in the program pursuant to subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
d. the municipality submits annual reports to the commissioner as required pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. A county selected by the commissioner pursuant to subsection b. of section 2 1of P.L. , c. (C. ) (pending before the Legislature as this bill)1 to participate in the pilot program shall be permitted, pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), to select a professional firm to provide design services and inspection services for a county project that receives 1[federal-aid] federal aid1 highway funds provided that:
a. the county develops a conflict of interest protocol consistent with all federal and State laws, rules, and regulations including, but not limited to, those requirements specified in 23 1[CFR 1.33] C.F.R. s.1.331, 23 1[CFR 172.9] C.F.R. s.172.91, 23 1[CFR 635.105] C.F.R. s.635.1051, 23 1[CFR 636.116] C.F.R. s.636.1161, and 23 1[CFR 636.117] C.F.R. s.636.1171;
b. the county submits its conflict of interest protocol to the commissioner;
c. the county is approved by the commissioner to participate in the program pursuant to subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
d. the county submits annual reports to the commissioner as required pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. A municipality or county participating in the pilot program established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall submit a report every 12 months to the commissioner detailing the projects that receive 1[federal-aid] federal aid1 highway funds for which a professional firm provides design services and inspection services. The report shall include any cost savings, efficiencies, or other benefits gained from using the same professional firm to provide design services and inspection services. The report shall also include any conflict of interest issues or other costs or inefficiencies that resulted from selecting a single professional firm to provide both design services and inspection services. The commissioner shall prepare and submit an annual report to the Governor, the President of the Senate, the Speaker of the General Assembly, and the Senate Transportation Committee and the Assembly Transportation and Independent Authorities Committee, or their successor committees, describing the pilot program developed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), including all identified costs and benefits. The first report shall be submitted no later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). Thereafter, subsequent reports shall be submitted annually for the duration of the five-year pilot program prescribed by P.L. , c. (C. ) (pending before the Legislature as this bill), with the fifth and final report providing a comprehensive review of the pilot program, including but not limited to, an evaluation of the program's effectiveness, a discussion of extending the program to other counties and municipalities in the State, and any other information relevant to the report.
6. The Commissioner of Transportation shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act.
7. This act shall take effect on the first day of the seventh month following enactment, but the Commissioner of Transportation may take such anticipatory administrative action in advance as may be necessary for the implementation of this act.
