Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Establishes certain requirements for award of contracts to service-disabled veterans for certain projects funded by NJ Infrastructure Bank.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the awarding of certain contracts to service-disabled veterans for certain projects funded by the New Jersey Infrastructure Bank, and amending P.L.1985, c.334.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 26 of P.L.1985, c.334 (C.58:11B-26) is amended to read as follows:
26. a. The trust shall adopt rules and regulations requiring a local government unit which receives a loan or guarantee for a project to establish an affirmative action program for the hiring of minority workers in the performance of any construction contract for that project and to establish a program to provide opportunities for socially and economically disadvantaged contractors and vendors to supply materials and services for the contract, consistent with the provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.). Not less than 10 percent of the amount of any contract for construction, materials , or services for a project shall be awarded to small business concerns owned and controlled by socially and economically disadvantaged individuals, or service-disabled veterans, as defined in the "Small Business Act," Pub.L.85-536 (15 U.S.C. s.631 et seq.), and any regulations promulgated pursuant thereto provided, however, that the projects funded, in whole or in part, with federal funds, the percentage of such contracts awarded to small business concerns owned and controlled by socially and economically disadvantaged individuals or service-disabled veterans shall equal the [goal] goals for participation set forth in section 644(g)(1)(A)[(iv)] of the "Small Business Act," Pub.L.85-536 (15 U.S.C. s.644). For transportation financing program projects funded in whole with State funds, contracts for construction materials or services shall comply with the small business set aside regulations promulgated pursuant to section 15 of P.L.1983, c.482 (C.52:32-31).
b. The trust shall adopt rules and regulations requiring any entity, which receives a loan, grant, or guarantee for a project to pay not less than the prevailing wage rate to workers employed in the performance of any construction contract for that project, in accordance with the rate determined by the Commissioner of Labor and Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 et seq.).
(cf: P.L.2019, c.194, s.6)
2. This act shall take
effect immediately.
STATEMENT
This bill would revise the law concerning the award of certain contracts related to projects undertaken by local government units with funding from the New Jersey Infrastructure Bank (NJIB).
This bill would include service-disabled veterans, as defined by the federal “Small Business Act,” in the requirement for local government units to award no less than 10 percent of the amount of any contract for construction, materials, or services for a project that receives a loan or guarantee for a project from the NJIB to socially and economically disadvantaged individuals. In addition, this bill would provide, for projects that receive federal funding, that the percentage of contracts awarded to service-disabled veterans would equal the goal for participation set forth by the “Small Business Act.”
Under current law, the NJIB requires a local government unit which receives a loan or guarantee for a project to establish an affirmative action program for the hiring of minority workers in the performance of any construction contract for that project and to establish a program to provide opportunities for socially and economically disadvantaged contractors and vendors to supply materials and services for the contract, consistent with the provisions of the “Law Against Discrimination.” The law requires that not less than 10 percent of the amount of any contract for construction, materials, or services for a project be awarded to small business concerns owned and controlled by socially and economically disadvantaged individuals as defined in the federal "Small Business Act," and any regulations promulgated pursuant thereto, and for projects funded, in whole or in part, with federal funds, the percentage of such contracts awarded to small business concerns owned and controlled by socially and economically disadvantaged individuals is required to equal the goal for participation set forth in the "Small Business Act." This bill would include small business concerns owned and controlled by service-disabled veterans in these requirements.