SENATE, No. 1370

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 10, 2020

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  JOSEPH V. EGAN

District 17 (Middlesex and Somerset)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

Assemblyman  ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Senator Addiego, Assemblywomen Reynolds-Jackson, Chaparro, Assemblymen Taliaferro, Houghtaling, Assemblywomen Murphy, Downey, Assemblyman Wimberly, Assemblywomen Sumter, Carter and Jimenez

 

 

 

 

SYNOPSIS

     Revises definition of “public works projects” to permit project labor agreements for more projects.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning project labor agreements and amending P.L.2002, c.44.

 

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

 

     1.    Section 2 of P.L.2002, c.44 (C.52:38-2) is amended to read 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] Office of Apprenticeship [and Training] of the U.S. Department of Labor and meeting the standards established by the [bureau] office, or registered by a State apprenticeship agency recognized by the [bureau] office.

     "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 at the public expense, 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 and Workforce Development 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.

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

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill expands the permissible use of project labor agreements (PLAs) beyond contracts for building-based public works projects.

     Current law allows a public entity to use a PLA for public works projects that are:

     1.    Worth at least $5 million (excluding land acquisition costs);

     2.    Subject to the prevailing wage law; and

     3.    For the construction, reconstruction, demolition, or renovation of buildings at the public expense.

     Current law does not extend the capacity of public entities to use PLAs for highway, bridge, pumping station, and water and sewage treatment plant projects.

     This bill expands the permissible use of PLAs beyond building-based public works contracts so as to allow public entities to use PLAs for highway, bridge, pumping station, and water and sewage treatment plant projects.

     Technically, the bill revises the definition of “public works project” under P.L.2002, c.44 (C.52:38-1 et seq.) to remove the exclusion of non-building-based projects.  By revising the definition of “public works project,” the bill extends the option of using a PLA to projects excluded under current law, such as highways, bridges, pumping stations, and water and sewage treatment plants.  The bill does not change the requirements that a PLA eligible project must be worth at least $5 million and be subject to the prevailing wage law.