ASSEMBLY, No. 4293

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2009

 


 

Sponsored by:

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  JOSEPH V. EGAN

District 17 (Middlesex and Somerset)

Assemblywoman  ELEASE EVANS

District 35 (Bergen and Passaic)

Assemblywoman  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Assemblywoman Wagner, Senators Buono and Baroni

 

 

 

 

SYNOPSIS

     Concerns payment of prevailing wage in certain construction undertaken with BPU financial assistance.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the payment of prevailing wages in certain construction undertaken with financial assistance from the Board of Public Utilities and amending P.L.2009, c.89.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L2009, c.89 (C.48:2-29.47) is amended to read as follows:

     1.    [The Board of Public Utilities shall adopt rules and regulations requiring that not] Not less than the prevailing wage rate shall be paid to workers employed in the performance of any construction undertaken in connection with [board] Board of Public Utilities financial assistance, or undertaken to fulfill any condition of receiving  [board] Board of Public Utilities 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] Board of Public Utilities financial assistance, 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).  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] Board of Public Utilities 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,] “Board of Public Utilities,” whether the assistance is received before, during or after completion of the construction, except that “[board] Board of Public Utilities 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 or 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 less.

     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.

(cf: P.L.2009, c.89, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends P.L.2009, c.89 (C.48:2-29.47), the law which requires that the prevailing wage be paid for all construction undertaken in connection with financial assistance from the Board of Public Utilities, to remove any reference to the adoption of rules and regulations concerning that requirement.  The bill thereby affirms that it is the intent of the Legislature that the requirement of that act that the prevailing wage be paid on board-assisted projects, shall apply whether or not the board adopts rules and regulations regarding that requirement.