Bill Text: NJ S4040 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires public entities purchase five percent of goods and services from Central Nonprofit Agency; requires Division of Purchase and Property establish training protocols for all purchasing agents; grants Central Nonprofit Agency right of first refusal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-14 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S4040 Detail]
Download: New_Jersey-2024-S4040-Introduced.html
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Requires public entities purchase five percent of goods and services from Central Nonprofit Agency; requires Division of Purchase and Property establish training protocols for all purchasing agents; grants Central Nonprofit Agency right of first refusal.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the purchase of goods and services by public entities from the Central Nonprofit Agency, amending P.L.1981, c.488 and P.L.2021, c.385, and supplementing chapter 6 of Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1981, c.488 (C.30:6-30) is amended to read as follows:
8. State agencies and political subdivisions of the State shall [make a good faith effort to] procure, pursuant to section 1 of P.L.2021, c.385 (C.30:6-30.1), five percent of their goods and services through the Central Nonprofit Agency from those commodities and services which have been set aside for purchase from approved rehabilitation facilities.
(cf: P.L.2021, c.385, s.2)
2. Section 1 of P.L.2021, c.385 (C.30:6-30.1) is amended to read as follows:
1. a. Notwithstanding any law, rule, or regulation to the contrary, any State department, agency, authority and instrumentality that is authorized to procure goods and services shall [make a good faith effort to] purchase five percent of such goods and services from the Central Nonprofit Agency as defined in section 2 of P.L.1981, c.488 (C.30:6-24).
b. Notwithstanding any law, rule, or regulation to the contrary, all political subdivisions of the State and local government entities, including counties, municipalities, school districts, quasi-State agencies, State and county colleges, volunteer fire departments, volunteer first aid and rescue squads, public authorities, commissions, and independent institutions of higher learning, that are authorized to make purchases as provided in the cooperative purchase program pursuant to section 3 of P.L.1969, c.104 (C.52:25-16.1) and section 12 of P.L.1971, c.198 (C.40A:11-12), as well as all agencies, commissions, boards, and other entities that are authorized to make joint purchases with the Director of the Division of Purchase and Property as provided in section 1 of P.L.1959, c.40 (C.52:27B-56.1), shall also [make a good faith effort to] purchase five percent of their goods and services from the Central Nonprofit Agency.
c. The State Treasurer shall take the necessary steps to coordinate the implementation of the terms of this section. The State Treasurer is authorized to call upon any department, office, or agency of State government to provide such information, resources, or other assistance deemed necessary to discharge the State Treasurer's responsibilities under this section. Each department, office, division, and agency of this State is required to cooperate with the State Treasurer and to furnish the State Treasurer with assistance necessary to accomplish the purposes of this section.
d. The Division of Purchase and Property in the Department of the Treasury shall submit a report of purchasing data to the Central Nonprofit Agency for the Rehabilitation Facilities Set-Aside program no more than six months after the effective date of P.L. , c. (pending before the Legislature as this bill), and on a quarterly basis thereafter, to detail compliance with the requirements of this section.
e. The Department of the Treasury shall report annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), detailing the compliance of State and local government entities and political subdivisions required to meet the purchasing thresholds established pursuant to this section.
f. The Division of Purchase and Property shall, in collaboration with the Central Nonprofit Agency, establish training protocols for all purchasing agents employed by State or local government entities or political subdivisions, including all employers enumerated in subsections a. and b. of this section, required to meet the purchasing thresholds established pursuant to this section. The purpose of the training protocols shall be to increase awareness of the Rehabilitation Facilities Set-Aside program and the role of the Central Nonprofit Agency. The training protocols shall be required for all newly hired purchasing agents and shall be renewed biennially to ensure continued compliance and collaboration. The training may be performed in-person or remotely. Each State and local government entity and political subdivision, including all employers enumerated in subsections a. and b. of this section, required to meet the purchasing thresholds established pursuant to this section, shall submit an annual report to the State Treasurer and the Central Nonprofit Agency detailing their compliance with the training requirements. Upon receiving the annual reports from such entities and political subdivisions, the State Treasurer shall submit a summarized report to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
(cf: P.L.2021, c.385, s.1)
3. (New section) Notwithstanding any other law, rule, or regulation to the contrary, the Central Nonprofit Agency shall have a right of first refusal for all goods and services that may otherwise be purchased through a cooperative purchasing agreement catalog so long as the Central Nonprofit Agency can deliver the goods or services that would otherwise be purchased through a cooperative purchasing agreement catalog at a price that is within 15 percent of fair market value.
4. This act shall take effect immediately.
STATEMENT
Under current law, State and local government agencies and political subdivisions of the State that are authorized to purchase goods and services are required to make a good faith effort to purchase five percent of such goods and services through the Central Nonprofit Agency, an agency established by the "Rehabilitation Facilities Set-Aside Act." Under the bill, such State and local government agencies and political subdivisions of the State will be required to purchase five percent of goods and services through the Central Nonprofit Agency.
The bill clarifies reporting and oversight requirements. Under the bill, the Division of Purchase and Property in the Department of the Treasury must submit a report of purchasing data to the Central Nonprofit Agency for the Rehabilitation Facilities Set-Aside program no more than six months after the effective date of this bill, and on a quarterly basis thereafter. In addition, the Department of the Treasury will be required to report annually to the Governor and the Legislature detailing the compliance of State and local government entities and political subdivisions with the purchasing thresholds.
The bill also provides that the Division of Purchase and Property, in collaboration with the Central Nonprofit Agency, must establish training protocols for all purchasing agents employed by State or local government entities or political subdivisions required to meet the purchasing thresholds.
The bill also provides that the Central Nonprofit Agency will have a right of first refusal for all goods and services that may otherwise be purchased through a cooperative purchasing agreement catalog so long as the Central Nonprofit Agency can deliver the goods or services that would otherwise be purchased through a cooperative purchasing agreement catalog at a price that is within 15 percent of fair market value.
The "Rehabilitation Facilities Set-Aside Act" assists persons who are blind or have a severe disability with achieving maximum personal independence through productive employment by assuring a continuous market for their goods and services, which are produced at qualified rehabilitation facilities and distributed through the Central Nonprofit Agency. The Central Nonprofit Agency is designated by the Commissioner of the Department of Human Services to facilitate the distribution of orders received from various State agencies as provided in the "Rehabilitation Facilities Set-Aside Act." This bill furthers the goals of the "Rehabilitation Facilities Set-Aside Act" to assist in the productive employment of individuals with special needs.
