Bill Text: NJ A4397 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires prevailing wage be paid to certain workers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-11-18 - Introduced, Referred to Assembly Labor Committee [A4397 Detail]
Download: New_Jersey-2012-A4397-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Cryan
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 an agreement prior to the issuance of tax credits. The 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 full-time employees.
b. The term of the tax credits, and 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 at least 1.5 times the number of years of the term of the tax credits, with at least the number of full-time employees as required by section 6 of P.L.2011, c.149 (C.34:1B-247) and a provision to permit the authority to recapture all or part of any tax credit awarded, at its discretion, if the business does not remain at the site for the required term.
e. A method for the business 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 and awarded tax credits are recaptured, in whole or in part, by the authority at its discretion.
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.2011, c.149, s.4)
2. Section 8 of P.L.2009, c.90 (C.52:27D-489h) is amended to read as follows:
8. a. (1) The New Jersey Economic Development 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 New Jersey Economic Development Authority, shall develop a minimum standard incentive grant application form for municipal Economic Redevelopment and Growth Grant programs.
(b) Through regulation, the Economic Development 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 redevelopment 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 will result in net benefits to the State.
(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 redevelopment project costs, and except with respect to an application by a municipal redeveloper, evaluate and validate the financing gap projected by the developer, and conduct a local fiscal impact analysis to ensure that the overall public assistance provided to the project will result in net benefits to the municipality wherein the redevelopment project is located.
(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.
(cf: P.L.2010, c.10, s.8)
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.
