STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
SYNOPSIS
Concerns prevailing wage payments in residential construction projects.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the payment of the prevailing wage in certain residential construction projects and supplementing P.L.1963, c.150 (C.34:11-56.25 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For the purposes of this act:
"Commissioner" means the Commissioner of Labor and Workforce Development or duly authorized representatives of the commissioner.
"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 approved, funded, authorized, facilitated, or administered directly or indirectly by any public body or undertaken to fulfill any condition of receiving any of the assistance, or provided by the public body to any entity before, during or after completion of a project.
"Public body" means the State of New Jersey, any of its political subdivisions, and any authority, instrumentality, or agency of the State of New Jersey or of any of its political subdivisions.
"Residential construction project" means a construction project involving the construction, alteration or repair of townhouses, single family houses, or apartment buildings of not more than four stories in height, including, all incidental items such as site work, parking areas, utilities, streets and sidewalks, unless there is an established area practice to the contrary.
2. If an entity undertakes a residential construction project that receives financial assistance but the entity is not required by any State statute to pay the prevailing wage rate determined by the commissioner pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.), the entity shall pay the workers employed in the construction the prevailing wage determined by the Secretary of the United States Department of Labor in accordance with the Davis-Bacon Act as amended (40 U.S.C. 3141 et seq.), as if the financial assistance included federal funds.
3. This act shall take effect immediately.
STATEMENT
This bill provides that if an entity undertakes a residential construction project that receives financial assistance from a State or local public body but the entity is not required by any State statute to pay the State prevailing wage rate determined by the Commissioner of Labor and Workforce Development, the entity is required to pay the workers employed in the construction the prevailing wage determined by the Secretary of the United States Department of Labor in accordance with the federal prevailing wage law, the Davis-Bacon Act, as if the financial assistance included federal funds.