Sponsored by:
Senator LATHAM TIVER
District 8 (Atlantic and Burlington)
SYNOPSIS
Requires local government units to provide opportunities for military- or veteran-owned businesses to supply materials and services for projects receiving funding from NJ Infrastructure Bank.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain contracts for projects receiving funding from 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, through the New Jersey Environmental Infrastructure Financing Program, 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.), and to establish a program to provide opportunities for businesses that are owned by members of the military, by veterans, or by the spouses thereof, to supply materials and services for the contract. 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 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] 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 shall equal the goal 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. 2023, c.63, s.21)
2. This act shall take effect immediately.
STATEMENT
This bill would require the New Jersey Infrastructure Bank (NJIB) to adopt rules and regulations requiring a local government unit that receives a loan or guarantee for a project to establish a program to provide opportunities for businesses that are owned by members of the military, by veterans, or by the spouses thereof, to supply materials and services for the contract. Under the current law being amended by the bill, the NJIB is required to adopt rules and regulations requiring a local government unit that receives a project loan or guarantee to establish: (1) an affirmative action program for the hiring of minority workers in the performance of any construction contract for that project; and (2) 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.). The bill would supplement those existing requirements by providing for the NJIB to additionally require a local government recipient of a project loan or guarantee to establish a program providing certain opportunities to businesses that are owned by military service members or veterans, or by the spouses thereof.