SENATE, No. 2730
STATE OF NEW JERSEY
INTRODUCED APRIL 27, 2009
Senator RONALD L. RICE
District 28 (Essex)
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
Senator M. TERESA RUIZ
District 29 (Essex and Union)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Mercer)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Senators Redd, Buono, Turner, Assemblywoman Pou, Assemblymen Caputo, Johnson, Assemblywomen Jasey, Oliver, Spencer and Rodriguez
Requires public bodies to provide funds for outreach and training programs for minority group members and women in connection with certain construction contracts.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on January 4, 2010, with amendments.
An Act requiring public bodies to provide funds for outreach and training programs for minority group members and women in connection with certain construction contracts.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any law or regulation to the contrary, upon entering into any 3[construction] public works3 contract in excess of $1,000,000 which is funded, in whole or in part, by funds of a public body, or any 3[construction] public works3 contract of any size which is funded, in whole or in part, by funds provided to the public body pursuant to the “American Recovery and Reinvestment Act of 2009,” Pub.L.111-5, the public body entering into the contract shall transfer an amount equal to one half of one percent (0.5%) of the portion of the contract amount funded by funds of the public body, or provided to the public body pursuant to the “American Recovery and Reinvestment Act of 2009,” Pub.L.111-5, to the Department of Labor and Workforce Development1, except that 2any State-wide authority which enters into the contract and administers a program which meets the requirements of this section may retain all or a portion of the 0.5% share of the funds under the contract as is necessary for the operation of the program, but shall transfer to the department any portion of the funds not necessary for the program, and except that2 funds shall not be transferred 2or retained2 pursuant to this section if the transfer 2or retaining of the funds2 is contrary to any federal requirement and may result in the loss of federal funds. For a project in which federal and State funds are combined, the entire 2[transfer] amount2 may be 2[made] transferred or retained2 from the State portion of the funds if doing so is necessary to prevent any loss of federal funds1.
3b.3 The department 2or authority2 shall use the transferred 2or retained2 funds to provide on-the-job or off-the-job outreach and training programs for minority group members and women in 3[the]3 construction 3[trades] trade occupations or other occupations, including engineering and management occupations,3 2utilized 3[under the contract2, including] in the performance of public works contracts. The programs funded pursuant to this subsection, shall include, but not be limited to,3 programs preparing minority group members and women for admission into registered apprenticeships 1with opportunities for long-term employment 2in 3[those] construction3 trades2 providing economic self-sufficiency for the minority group members and women3, with priority given, with respect to the funds from a contract used for apprenticeship programs or apprenticeship-related programs, to trades utilized in that contract, and shall include programs providing supportive services to help facilitate successful completion of any apprenticeship or other training assisted pursuant to this section3. The department 2or authority2 shall use funds transferred 2or retained2 pursuant to this 2[act] section2 to provide grants to implement such programs to consortia which include those community-based organizations, faith-based organizations, labor organizations, employers, contractors and trade organizations, institutions of higher education, and schools and other local public agencies which the department 2or authority2 determines are best able to facilitate entry 2and success2 of minority group members and women into training and long-term 3trade and professional3 employment in the construction industry3, and may use a portion of the funds for initiatives to prepare minority group members and women for registered apprenticeship programs and related post-secondary education, such as grants to consortia provided pursuant to the “Youth Transitions to Work Partnership Act,” P.L.1993, c. 268 (C.34:15E-1 et seq.), and for initiatives, such as those of the NJ PLACE program established pursuant to P.L.2009, c. (C. )(now pending before the Legislature as Senate Bill, No. 3093 (1R)), to facilitate the coordination and articulation of registered apprenticeship programs with degree programs in institutions of higher education, including initiatives to articulate programs in a manner which may assist in providing transitions from trade occupations to professional occupations utilized in the construction industry3. The department 2or authority2 shall seek agreements and commitments from grant participants to provide long-term employment to successful applicants and trainees where possible1. The department 2or authority2 shall be reimbursed from the transferred 2or retained2 funds for any reasonable and necessary costs incurred 1by the department1 2or authority2 in administering those programs.
3[b.] c.3 The Department of 3[Labor and Workforce Development, in coordination with the Department of]3 the Treasury, 3and the Division of Contract Compliance and Equal Employment Opportunities in Public Contracts in that department,3 shall 3provide, and3 make available to the public on the Internet 3[a full disclosure, by construction], an annual report, not later than December 31 of 2010 and each year after that year, which shall list all public works contracts subject to this act and report, for each public works3 contract, 3[of]3 the 3percentage and amount of3 funds 3withheld and3 provided to programs funded pursuant to this section and 3[2a full disclosure, by program, of2]3 the numbers 3and percentages of apprentices and other workers under each contract who are3 of minority group members and women 3[participating in the programs]3. The Department of Labor and Workforce Development shall, not later than December 31 of 32010 and3 each year after 3[the] that3 year 3[of the effective date of this]3 2[act] 3[section2]3, provide an annual report, which shall also be made available to the public on the Internet, on all of the programs funded pursuant to this 2[act] section2, which shall include, for each 2[contract] program2, data regarding the 3performance3 results 3[with respect to the enrollment]3 of minority group members and women 3[into registered]3 1[apprenticeship] 3[apprenticeships1 and] participating in the programs, including outcome measures detailing employment placement, increased earnings and employment retention, as those terms are used in the federal Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.), and shall include data regarding enrollment into registered apprentice programs and3 results regarding their retention in long-term employment13[,]3 2[including] 3[and shall include2 the numbers and percentages of apprentices and other workers under each construction public works contract who are women and minority group members1]3. 2Public bodies entering into 3[construction] public works3 contracts subject to the provisions of this section, including State-wide authorities, and the Department of the Treasury shall provide such information to the 3[department] Department of Labor and Workforce Development and the Department of the Treasury3 as 3[it deems] the departments deem3 necessary for the purposes of this section.2
3[c.] d.3 For the purposes of this section1[,]:1 "public body" means the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions;1 2[and]2 3“public works contract” means public works contract as defined in section 1 of P.L.1975, c.127 (C.10:5-31);3 "registered apprenticeship" means apprenticeship in a program providing to each trainee combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade, and registered by the Office of Apprenticeship of the United States Department of Labor and meeting the standards established by that office1; and "Statewide authority" means any authority created by the Legislature which is authorized by law to enter into contracts for construction at locations throughout the State2.
2. This act shall take effect immediately.