Bill Text: NJ A3691 | 2018-2019 | Regular Session | Introduced


Bill Title: Imposes prevailing wage for public work on properties receiving tax abatements or exemptions.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2018-03-13 - Introduced, Referred to Assembly Labor Committee [A3691 Detail]

Download: New_Jersey-2018-A3691-Introduced.html

ASSEMBLY, No. 3691

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MARCH 13, 2018

 


 

Sponsored by:

Assemblyman  ERIC HOUGHTALING

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Imposes prevailing wage for public work on properties receiving tax abatements or exemptions.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning prevailing wage requirements for public work on certain properties receiving tax abatements or exemptions and amending P.L.1963, c.150.

 

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

 

     1.    Section 2 of P.L.1963, c.150 (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]:

     (a) The property or premises is owned by the public body;

     (b) A public body has provided, approved or authorized a tax abatement or tax exemption for the property or premises, unless the property or premises is, as the property of a nonprofit organization, exempt from taxation pursuant to R.S.54:4-3.6 and is not subject to the provisions of section 1 of P.L.1979, c.303 (C.34:1B-5.1) or the provisions of P.L.2004, c.127 (C.5:12-161.3 et al.); or

     [(a)] (c) (i) 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)] (ii) The portion of the property or premises that is leased or subject to [an] the 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 the fabrication of plumbing, heating, cooling, ventilation or exhaust duct systems, and mechanical insulation.

(cf: P.L.2009, c.249, s.1)

 

     2.    Section 3 of P.L.1963, c.150 (34:11-56.27) is amended as follows:

     3.    Every contract in excess of the prevailing wage contract threshold amount for any public work to which any public body is a party, or which is paid for in whole or in part out of the funds of a public body, or for public work to be done on property or premises which is owned by a public body, or for which a public body provides, approves or authorizes a tax abatement or tax exemption for a property or premises other than a property or premises which is, as the property or premises of a nonprofit organization, exempt from taxation pursuant to R.S.54:4-3.6 and is not subject to the provisions of section 1 of P.L.1979, c.303 (C.34:1B-5.1) or the provisions of P.L.2004, c.127 (C.5:12-161.3 et al.), or which is leased or to be leased by a public body, shall contain a provision that in the event it is found that any worker, employed by the contractor or any subcontractor covered by said contract, has been paid a rate of wages less than the prevailing wage required to be paid by such contract, the public body, the lessee to whom the public body is leasing a property or premises or the lessor from whom the public body is leasing or will be leasing a property or premises may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall be liable for any excess costs occasioned thereby to the public body, any lessee to whom the public body is leasing a property or premises or any lessor from whom the public body is leasing or will be leasing a property or premises.

(cf: P.L.2007, c.68, s.2)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill makes subject to the prevailing wage requirements of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), any public work done on a property or premises for which a public body provides, approves or authorizes a tax abatement or tax exemption for the property or premises, unless the property or premises is exempt, as the property of a nonprofit organization, from taxation pursuant to R.S.54:4-3.6, and is not subject to the provisions of section 1 of P.L.1979, c.303 (C.34:1B-5.1), which concerns public works of the New Jersey Economic Development Authority, or P.L.2004, c.127 (C.5:12-161.3 et al.), which concerns public works of the Casino Reinvestment Development Authority.

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