ASSEMBLY, No. 3372
STATE OF NEW JERSEY
213th LEGISLATURE
INTRODUCED OCTOBER 23, 2008
Sponsored by:
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman JOSEPH V. EGAN
District 17 (Middlesex and Somerset)
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman DeAngelo, Assemblywoman Greenstein, Assemblymen Albano, Vas, Wisniewski, Moriarty, Conners, Assemblywoman Wagner, Senators Sweeney, Buono, Weinberg, Baroni and Turner
SYNOPSIS
Concerns prevailing wage in construction projects connected with Board of Public Utilities financial assistance.
CURRENT VERSION OF TEXT
As reported by the Assembly Labor Committee on May 11, 2009, with amendments.
An Act concerning prevailing wage requirements for certain construction contracts undertaken in connection with Board of Public Utilities financial assistance and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Board of Public Utilities shall adopt rules and regulations requiring that not less than the prevailing wage rate be paid to workers employed in the performance of any construction undertaken in connection with board financial assistance, or undertaken to fulfill any condition of receiving board financial assistance, including the performance of any contract to construct, renovate or otherwise prepare a facility, the operations of which are necessary for the receipt of board financial assistance1, except that the prevailing wage rate requirements of this section shall not apply to any contract which is less than the prevailing wage contract threshold amount for municipalities provided in paragraph (a) of subsection (11) of section 2 of P.L.1963, c.150 (C.34:11-56.26)1. The prevailing wage rate shall be the rate determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.). For the purposes of this section, “board financial assistance” means any tax exemption, abatement or other incentive or any rebate, credit, loan, loan guarantee, expenditure, investment, grant, incentive, or other financial assistance which is, in connection with construction, approved, funded, authorized, administered or provided by the board, whether the assistance is received before, during or after completion of the construction, except that “board financial assistance” does not include any rebate, credit, loan, loan guarantee, expenditure, investment, grant, rental voucher, rental assistance, tax exemption, tax abatement, tax incentive, or other financial assistance from any source, if that assistance is provided directly to a homeowner or tenant in connection with the homeowners’ or tenant’s place of residence, including assistance for energy-related and other improvements to the place of residence 1or if that assistance is provided for any new construction or weatherization of a single family home, town home, or row home, or of any apartment building, condominium building, or multi-family home of four stories or less1.
For the purpose of implementing the provisions of this section, the Commissioner of Labor and Workforce Development shall exercise all powers and duties granted by P.L.1963, c.150 (C.34:11-56.25 et seq.) regarding the payment of the prevailing wage, and any worker employed in the performance of construction work subject to this section, and the employer or any designated representative of the worker, may exercise all rights granted to them by that act.
2. This act shall take effect immediately.