Senator BARBARA BUONO
District 18 (Middlesex)
Senator BILL BARONI
District 14 (Mercer and Middlesex)
Concerns payment of prevailing wage in certain construction undertaken with BPU financial assistance.
CURRENT VERSION OF TEXT
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.
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.