Bill Text: NJ A3073 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires prevailing wage be paid to certain workers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-08 - Introduced, Referred to Assembly Labor Committee [A3073 Detail]

Download: New_Jersey-2018-A3073-Introduced.html

ASSEMBLY, No. 3073

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2018

 


 

Sponsored by:

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

 

 

 

 

SYNOPSIS

     Requires prevailing wage be paid to certain workers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain prevailing wage requirements and amending P.L.2011, c.149 and P.L.2009, c.90.

 

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

 

     1.    Section 4 of P.L.2011, c.149 (C.34:1B-245) is amended to read as follows:

     4.    The authority shall require an eligible business to enter into an incentive agreement prior to the issuance of tax credits.  The incentive agreement shall include, but shall not be limited to, the following:

     a.     A detailed description of the proposed project which will result in job creation or retention, and the number of new or retained full-time jobs that are approved for tax credits.

     b.    The eligibility period of the tax credits, including the first year for which the tax credits may be claimed.

     c.     Personnel information that will enable the authority to administer the program.

     d.    A requirement that the applicant maintain the project at a location in New Jersey for the commitment period, with at least the minimum number of full-time employees as required by this program, and a provision to permit the authority to recapture all or part of any tax credits awarded, at its discretion, if the business does not remain in compliance with this provision for the required term, and in the instance of the business terminating an existing incentive agreement in order to participate in an incentive agreement authorized pursuant to the "New Jersey Economic Opportunity Act of 2013," P.L.2013, c.161 (C.52:27D-489p et al.), such permitted recapture may be calculated to recognize the period of time that the business was in compliance prior to termination.

     e.     A method for the business to certify that it has met the capital investment and employment requirements of the program pursuant to paragraph (1) of subsection a. of section 3 of P.L.2011, c.149 (C.34:1B-244) and to report annually to the authority the number of full-time employees for which the tax credits are to be made.

     f.     A provision permitting an audit of the payroll records of the business from time to time, as the authority deems necessary.

     g.    A provision which permits the authority to amend the agreement.

     h.    A provision establishing the conditions under which the agreement may be terminated.

     i.     (1)  A requirement that each worker employed to perform construction work at the qualified business facility shall be paid not less than the prevailing wage rate, consistent with the requirements of section 1 of P.L.1979, c.303 (C.34:1B-5.1); and

     (2)   A requirement that each worker employed to perform building maintenance services at a qualified business facility by a business or a tenant or subcontractor of a business shall be paid 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.) and P.L.2005, c.379 (C.34:11-56.58 et seq.).  This requirement shall survive the termination of the incentive agreement.

(cf:  P.L.2013, c.161, s.9)

 

      2.   Section 8 of P.L.2009, c.90 (C.52:27D-489h) is amended to read as follows:

      8.   a. (1) The authority, in consultation with the State Treasurer, shall promulgate an incentive grant application form and procedure for the Economic Redevelopment and Growth Grant program.

     (2) (a) The Local Finance Board, in consultation with the authority, shall develop a minimum standard incentive grant application form for municipal Economic Redevelopment and Growth Grant programs.

     (b)   Through regulation, the authority shall establish standards for redevelopment projects seeking State or local incentive grants based on the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6), regarding the use of renewable energy, energy-efficient technology, and non-renewable resources in order to reduce environmental degradation and encourage long-term cost reduction.

     (c)   Through regulation, the authority shall require that each worker employed in the performance of any construction contract for work at a redevelopment project shall be paid not less than the prevailing wage rate, consistent with the requirements of section 1 of P.L.1979, c.303 (C.34:1B-5.1), provided that for a State incentive grant solely for infrastructure improvements in the public right of way or any ancillary infrastructure project, regardless of whether the work or improvements are part of a larger redevelopment project, the requirements of this subparagraph shall only apply to the work relating to the infrastructure improvements in the public right of way or the ancillary infrastructure project for which the incentive grant is issued.

     (d)   Through regulation, the authority shall require that each worker employed in building maintenance services of a redevelopment project by a developer or a tenant or subcontractor of a developer shall be paid 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.) and P.L.2005, c.379 (C.34:11-56.58 et seq.).

      b.   Within each incentive grant application, a developer shall certify information concerning:

     (1)   the status of control of the entire redevelopment project site;

     (2)   all required State and federal government permits that have been issued for the redevelopment project, or will be issued pending resolution of financing issues;

     (3)   local planning and zoning board approvals, as required, for the redevelopment project;

     (4)   estimates of the revenue increment base, the eligible revenues for the project, and the assumptions upon which those estimates are made.

      c.    (1) With regard to State tax revenues proposed to be pledged for an incentive grant the authority and the State Treasurer shall review the project costs, evaluate and validate the project financing gap estimated by the developer, and conduct a State fiscal impact analysis to ensure that the overall public assistance provided to the project, except with regards to a qualified residential project, a mixed use parking project, or a project involving university infrastructure, will result in net benefits to the State including, without limitation, both direct and indirect economic benefits and non-financial community revitalization objectives, including but not limited to, the promotion of the use of public transportation in the case of the ancillary infrastructure project portion of any transit project.

     (2)   With regard to local incremental revenues proposed to be pledged for an incentive grant the authority and the Local Finance Board shall review the project costs, and except with respect to an application by a municipal redeveloper, evaluate and validate the project financing gap projected by the developer, and conduct a local fiscal impact analysis to ensure that the overall public assistance provided to the project, except with regards to a qualified residential project, a mixed use parking project, or a project involving university infrastructure, will result in net benefits to the municipality wherein the redevelopment project is located including, without limitation, both direct and indirect economic benefits and non-financial community revitalization objectives, including but not limited to, the promotion of the use of public transportation in the case of the ancillary infrastructure project portion of any transit project.

     (3)   The authority, State Treasurer, and Local Finance Board may act cooperatively to administer and review applications, and shall consult with the Office of State Planning on matters concerning State, regional, and local development and planning strategies.

     (4)   The costs of the aforementioned reviews shall be assessed to the applicant as an application fee.

     (5)   A developer who has already applied for an incentive grant award prior to the effective date of the "New Jersey Economic Opportunity Act of 2013," P.L.2013, c.161 (C.52:27D-489p et al.), but who has not yet been approved for the grant, or has not executed an agreement with the authority, may proceed under that application or seek to amend the application or reapply for an incentive grant award for the same project or any part thereof for the purpose of availing himself or herself of any more favorable provisions of the Economic Redevelopment and Growth Grant program established pursuant to the "New Jersey Economic Opportunity Act of 2013," P.L.2013, c.161 (C.52:27D-489p et al.), except that projects with costs exceeding $200,000,000 shall not be eligible for revised percentage caps under subsection d. of section 19 of P.L.2013, c.161 (C.52:27D-489i).

(cf:  P.L.2015, c.242, s.3)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that as a condition of receiving assistance under the Grow New Jersey Assistance Program and the Economic Redevelopment and Growth Grant Program, a qualified business or redeveloper, as applicable, is required to agree to pay each worker employed to perform construction work at the qualified business facility or redevelopment project not less than the prevailing wage rate. The bill also requires that each worker employed to perform building maintenance services at a qualified business facility or redevelopment project by a business or a tenant or subcontractor of a business be paid not less than the prevailing wage rate for the worker's craft or trade.

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