S3096 3R

An Act concerning prevailing wage requirements and amending P.L.1983, c.530.

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

1. Section 42 of P.L.1983, c.530 (C.55:14K-42) is amended to read as follows:

42. ²a.² Each qualified housing sponsor granted a loan from the agency, or any builder, contractor or subcontractor engaged by the qualified housing sponsor for the construction or rehabilitation of any housing project, shall pay the [workmen] workers employed in the performance of any contract for such construction or rehabilitation not less than the prevailing wage rate. The prevailing wage rate shall be determined by the Commissioner of the New Jersey Department of Labor and Workforce Development in all cases, except that the prevailing rate shall be determined by the Secretary of the United States Department of Labor in accordance with [the Davis-Bacon Act as amended (40 U.S.C. 276a to 276a-5)] Section 1 of Pub.L. 107-217 (40 U.S.C. 3141 et seq.), when the loan from the agency for the construction or rehabilitation of a housing project or the tenants of the housing project [is] are the subject of direct or indirect federal assistance other than the federal tax exemption of the interest paid on the agency obligations.

²b.² Any person, partnership, corporation or association, ²[whether organized as for profit or not for profit, who] that is not a nonprofit or charitable entity qualified pursuant to section 501 (c) (3) of the Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)), that is not required to pay prevailing wage pursuant to subsection a. of this section, and that² receives a loan from the ¹New Jersey¹ Housing and Mortgage Finance Agency directly from the agency or indirectly from an institutional lender for any work, whether new construction, improvement or rehabilitation of buildings ¹[or units]¹ which are designed for the primary purpose of providing ¹[non-rental] for-sale¹ multi-family housing, shall pay each worker employed in the work not less than the prevailing wage rate for the worker’s craft or trade, as determined by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.)², unless the building is less than five stories tall, in which case each worker shall be paid not less than the prevailing wage rate for the worker’s craft or trade, as determined by the Secretary of the United States Department of Labor in accordance with section 1 of Pub.L. 107-217 (40 U.S.C. 3141 et seq.)².

²c.² The Commissioner of Labor and Workforce Development [is authorized to, and shall, determine the prevailing wage rate and] shall [establish] designate the prevailing wage in the locality in which the construction or rehabilitation of any housing project subject to the provisions of this section or any ¹[non-rental] for-sale¹ multi-family housing subject to the provisions of this section is to be performed for each craft or trade or classification of all [workmen] workers employed in the performance of such construction or rehabilitation, as if such construction or rehabilitation were "public work" within the meaning of P.L.1963, c.150 (C.34:11-56.25 et seq.). For the purpose of carrying out the provisions of this section, the Commissioner of Labor and Workforce Development and any [workmen] workers employed in the performance of any contract for the construction or rehabilitation of any housing project subject to the provisions of this section or any ¹[non-rental] for-sale¹ multi-family housing subject to the provisions of this section, shall have and may exercise or perform any right, power or duty granted or imposed upon them by P.L.1963, c.150 (C.34:11-56.25 et seq.).

³d. For the purposes of this section, "multi-family housing" shall not include buildings constructed as townhouses, which are single dwelling units with two or more stories of living space, exclusive of basement or attic, with most or all of the sleeping areas on one story and with most of the remaining habitable space, such as kitchen, living, and dining areas, on another story, and with an independent entrance at or near grade level.³

(cf: P.L.1983, c.530, s.42)

2. This act shall take effect immediately.