in the lobby By: zoe baldwin
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WORST THINGS FIRST Top of the list for UTCA members is the apprenticeship bill that clarifies completion rate requirements for apprenticeship programs and institutes severe penalties for any mistakes made on the public works contractor registration form. The legislation, now on the Governor’s desk, stipulates that “Any person who makes or causes to be made, a false, deceptive or fraudulent statement on the public works contractor registration form shall be guilty of a misdemeanor, and shall, upon conviction, be subject to punishment by a fine of no more than $1,000.00, and permanent disqualification from bidding on all public work or contracts.” The Governor is expected to sign the legislation as-is. UTCA will participate in the development of regulations and will keep you updated as the matter progresses. Another bill sent to the Governor’s desk concerns responsibility of contractors for wage claims against subcontractors. This bill would hold non-union prime contractors legally responsible for wage violations of not just subcontractors, but every sub-sub and below. We requested amendments two years ago when it advanced in the Senate and submitted our opposition again in lame duck. UTCA argued that it would be much more logical administratively and legally to require that every contractor and subcontractor be held liable only for the subcontractors with whom they contract directly. This would still create a second-tier responsible party in every instance thus ensuring this bill’s intended level of contractor accountability but would do so in a more direct manner without fundamentally changing the nature of bidding and liability. The legislature did not concede to our request and the bill is expected to be signed into law. On a positive note, Senator Lagana agreed to amendments on legislation that originally would have allowed the Commissioner of Labor to access contractors’ tax records without cause, for the purpose of research, or assisting in investigations pursuant to any state wage, benefit, and tax law. UTCA requested and secured clarifying language that consigns this information sharing
to “labor market research,” removing any ambiguity of intent. This legislation is also on the governor’s desk awaiting signature. SILVER LININGS PLAYBOOK Despite the legislative overreach described above, there were some smaller, positive measures that passed during the final frenzy. First was a bill addressing property access. As many contractors know, it's not just the price tag that presents a challenge to eliminating the toxic components in our drinking water systems. Pipe replacement efforts have been hampered by a host of issues, not the least of which have been unreachable landlords or property owners unwilling to allow access to their property. Legislation now on the Governor’s desk will enable municipalities to pass an ordinance that allows officials or their designees (i.e. contractors) to enter private property and replace lead service lines even without permission, as long as residents are notified at least 24 hours in advance. This will make it easier for contractors to plan and execute lead service line replacements, especially in communities with a high population of renters. Another measure sponsored by Senator Vin Gopal imposes motor vehicle penalty points for certain violations of move over law and establishes a public awareness campaign. Under the current “move over law,” motor vehicle operators are required to reduce the speed of their vehicles and change lanes when approaching an authorized emergency vehicle; tow truck; or highway maintenance, emergency service, or sanitation vehicle that is displaying flashing, blinking, or alternating emergency lights. The amended bill, designated as the “Slow Down or Move Over, It’s the Law Act,” increases fines for violations and imposes two motor vehicle penalty points for a third or subsequent offense.
Legislative News
he 218th Legislative Session officially came to a close in early January, marking the end of a contentious and hurried lame duck session. At the time of this writing, Governor Murphy has signed 55 new laws, vetoed two, and still has another 100 to consider enacting before the window closes. Relevant to our industry, there was action on a host of labor and environmental issues in addition to safety and soil legislation.
Finally, despite some challenges this session, UTCA was able to pass four bills in 2019. First passed was legislation to make the Local Aid program more efficient, and it has already made a visible difference in the timing and rollout of the critical NJDOT program. Next was an effort that started with a request from NJDOL in 2017 that requires all contractors on prevailing wage jobs be required to obtain public works contractor registration. Last but not least, two bills initiated by UTCA CEO Bob Briant, Jr. were passed during lame duck, both of which expand the NJ Infrastructure Bank’s access to federal WIFIA and TIFIA funds for water and transportation projects.
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