P.L. 2021, CHAPTER 253, approved October 18, 2021

Assembly, No. 1536 (First Reprint)

 

 


An Act concerning the fabrication of certain signs and amending P.L.1963, c.150 1[and P.L.2002, c.44]1.

 

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

 

      1.   Section 2 of P.L.1963, c.150 (C.34:11-56.26) is amended as follows:

      2.   As used in this act:

      (1)  "Department" means the Department of Labor and Workforce Development of the State of New Jersey.

      (2)  "Locality" means any political subdivision of the State, combination of the same or parts thereof, or any geographical area or areas classified, designated and fixed by the commissioner from time to time, provided that in determining the "locality," the commissioner shall be guided by the boundary lines of political subdivisions or parts thereof, or by a consideration of the areas with respect to which it has been the practice of employers of particular crafts or trades to engage in collective bargaining with the representatives of workers in such craft or trade.

      (3)  "Maintenance work" means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.  "Maintenance work" also means any work on a maintenance-related project that exceeds the scope of work and capabilities of in-house maintenance personnel, requires the solicitation of bids, and has an aggregate value exceeding $50,000.

      (4)  "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.

      (5)  "Public work" means construction, reconstruction, demolition, alteration, custom fabrication or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program. "Public work" shall also mean construction, reconstruction, demolition, alteration, custom fabrication or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of the entering into of the contract the property or premises is owned by the public body or:

      (a)  Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and

      (b)  The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.

      (6)  "Commissioner" means the Commissioner of Labor and Workforce Development or his duly authorized representatives.

      (7)  "Workman" or "worker" includes laborer, mechanic, skilled or semi-skilled, laborer and apprentices or helpers employed by any contractor or subcontractor and engaged in the performance of services directly upon a public work, regardless of whether their work becomes a component part thereof, but does not include material suppliers or their employees who do not perform services at the job site.  For the purpose of P.L.1963, c.150 (C.34:11-56.25 et seq.), contractors or subcontractors engaged in custom fabrication shall not be regarded as material suppliers.

      (8)  "Work performed under a rehabilitation program" means work arranged by and at a State institution primarily for teaching and upgrading the skills and employment opportunities of the inmates of such institutions.

      (9)  "Prevailing wage" means the wage rate paid by virtue of collective bargaining agreements by employers employing a majority of workers of that craft or trade subject to said collective bargaining agreements, in the locality in which the public work is done.

      (10)   "Act" means the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.) and the rules and regulations issued hereunder.

      (11)   "Prevailing wage contract threshold amount" means:

      (a)  In the case of any public work paid for in whole or in part out of the funds of a municipality in the State of New Jersey or done on property or premises owned by a public body or leased or to be leased by the municipality, the dollar amount established for the then current calendar year by the commissioner through rules and regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which amount shall be equal to $9,850 on July 1, 1994 and which amount shall be adjusted on July 1 every five calendar years thereafter in direct proportion to the rise or fall in the average of the Consumer Price Indices for Urban Wage Earners and Clerical Workers for the New York metropolitan and the Philadelphia metropolitan regions as reported by the United States Department of Labor during the last full calendar year preceding the date upon which the adjustment is made; and

      (b)  In the case of any public work other than a public work described in paragraph (a) of this subsection, an amount equal to $2,000.

      (12)   "Custom fabrication" means:

      (a)  the fabrication of any of the following: plumbing, heating, cooling, ventilation or exhaust duct systems, [and] mechanical insulation, or 1[signs] one or more signs in a project which cost a total of more than $30,000 and are part of a project upon completion1; or

      (b)  any other fabrication which is either of components or structures pre-fabricated to specifications for a particular project of public work or of other materials finished into components without further modification for use in a project of public work or for use in a type or classification of a project of public work.

(cf: P.L.2019, c.44, s.1)

 

     1[2.  Section 2 of P.L.2002, c.44 (C.52:38-2) is amended as follows:

     2.    For the purposes of this act:

     "Apprenticeship program" means a registered apprenticeship 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 Bureau of Apprenticeship and Training of the U.S. Department of Labor and meeting the standards established by the bureau, or registered by a State apprenticeship agency recognized by the bureau.

     "Custom fabrication" means custom fabrication as defined by section 2 of P.L.1963, c.150 (C.34:11-56.26).

     "Labor organization" means, with respect to a contracted work on a public works project, an organization which represents, for purposes of collective bargaining, employees  involved in the performance of public works contracts and eligible to be paid prevailing wages under the "New Jersey Prevailing Wage Act", P.L.1963, c.150 (C.34:11-56.25 et seq.) and has the present ability to refer, provide or represent sufficient numbers of qualified employees to perform the contracted work, in a manner consistent with the provisions of this act and any plan mutually agreed upon by the labor organization and the public entity pursuant to subsection g. of section 5 of this act.

     "Project labor agreement" means a form of pre-hire collective bargaining agreement covering terms and conditions of a specific project.

     "Public entity" means the State, any of its political subdivisions, any authority created by the Legislature and any instrumentality or agency of the State or of any of its political subdivisions.

     "Public works project" means any public works project for the construction, reconstruction, demolition or renovation of buildings, or the custom fabrication of materials, components or structures, including signs, used in the buildings, done at the public expense, including by means of tax incentives or other incentives, or located on public property, other than pumping stations or water or sewage treatment plants, for which:

     (1)   It is required by law that workers be paid the prevailing wage determined by the Commissioner of Labor pursuant to the provisions of the "New Jersey Prevailing Wage Act", P.L.1963, c.150 (C.34:11-56.25 et seq.); and

     (2)   The public entity estimates that the total cost of the project, exclusive of any land acquisition costs, will equal or exceed $5 million; and

     (3)   The workers and their employers comply with all applicable provisions of law regarding apprenticeship and other skill training programs, including any applicable provision of P.L.2019, c.84 (C.34:15B-46 et al), the "New Jersey Prevailing Wage Act", P.L.1963, c.150 (C.34:11-56.25 et seq.), and "The Public Works Contractor Registration Act", P.L.1999, c.238 (C.34:11-56.48 et seq.).

(cf: P.L.2002, c.44, s.2).]1

 

     1[3.]  2.1    This act shall take effect immediately.

 

 

                                

 

     Concerns sign fabrication and prevailing wage requirements.