Bill Text: NJ S3938 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires independent engineer to review State transportation projects in certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-09 - Introduced in the Senate, Referred to Senate Transportation Committee [S3938 Detail]
Download: New_Jersey-2024-S3938-Introduced.html
Sponsored by:
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Requires independent engineer to review State transportation projects in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State transportation projects and supplementing Title 27 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Department" means the Department of Transportation.
"Independent engineer" means an engineer not otherwise affiliated with or employed by the department or the contractor hired by the department to undertake the transportation project but who meets certain professional qualifications, as determined by the department.
"Transportation project" means a transportation project as defined in section 3 of P.L.1984, c.73 (C.27:1B-3). "Transportation project" shall include "public highways" and "public transportation projects," as those terms are defined in section 3 of P.L.1984, c.73 (C.27:1B-3).
b. The department shall hire an independent engineer to review a transportation project if a dispute arises between the department and the contractor hired by the department to undertake the transportation project, which dispute is in regard to safety concerns related to the transportation project.
c. While conducting the review required pursuant to subsection b. of this section, the independent engineer shall, at a minimum:
(1) investigate any safety concerns raised by the department;
(2) investigate any safety concerns raised by the contractor hired by the department to undertake the transportation project; and
(3) assess the transportation project for any other potential safety concerns.
d. The department may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), which rules and regulations shall include, but not be limited to, establishing criteria for the selection of an independent engineer.
2. This act shall take effect immediately.
STATEMENT
This bill requires the Department of Transportation (department) to hire an independent engineer to review a transportation project when a dispute over safety concerns related to the project arises between the department and the contractor hired by the department to undertake the project. At a minimum, the independent engineer is required to assess the project for any potential safety concerns, including those raised by either the department or the contractor.
Under the bill, "independent engineer" is defined as an engineer not otherwise affiliated with or employed by the department or the contractor hired to undertake the transportation project but who meets certain professional qualifications, as determined by the department.
