in the lobby By: zoe baldwin
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Zoe Baldwin testified for UTCA, highlighting the opportunities water infrastructure construction could provide our state’s economic recovery given its ROI, that it supports living wage jobs, and that it brings the state closer to meeting critical public health and environmental goals. We also urged the committee to take up legislation and to consider increased funding for the state Infrastructure Bank. Other organizations invited to testify included NJ Utilities Assoc, American Water, Suez, Jersey Water Works, and Andy Kricun, former head of Camden County MUA. UTCA has been working on this and other legislative initiatives related to water since 2016 and is very glad to see our efforts come to fruition. We expect to see this trend continue and will keep you informed as more developments advance. FACILITATING FUNDING UTCA-led legislation to facilitate funding for local transportation projects is moving through the upper house. S767 (Gopal), would eliminate a five-percent down payment requirement for projects involving New Jersey Infrastructure Bank transportation projects. This down payment is not required on the water side of the program, and Senator Gopal’s legislation levels the playing field to open up more opportunities in more communities. The bill was passed by committee in early August and we expect it to be posted for a full vote after the budget break. DESIGN-BUILD Legislation to enable design-build procurement across local and state government has recently been advancing. UTCA has been working with Assembly Majority Leader Lou Greenwald as well as other partners to tighten up the bill language and expect the measure to advance again after the budget break. This would be an invaluable procurement tool for our state, especially now when we need to make the most out of every state dollar. We thank the Majority Leader for his initiative and look forward to our continued conversation.
PREVAILING WAGE DISCLOSURES One bill we need to flag for the industry is S1422, sponsored by Senator Singleton. The bill makes various changes to prevailing wage and contractor registration laws, described below. The bill states that a worker who works during a week in multiple job classifications for which more than one prevailing wage rate applies must be paid the highest rate for all hours worked unless contractor records show which hours of work were spent engaged in each class of work. It also establishes fines for performing work while debarred or hiring a subcontractor that is debarred, expands projects for which a Public Works Contractor Registration is required, and requires as a condition of receiving Public Works Contractor Registration disclosure of willful violations of prevailing wage law during the preceding five years. UTCA worked with the sponsor on changes to the bill that were adopted in committee, although we are still opposed to the measure’s mechanism. The bill has been second referenced to Senate Budget committee but has not yet been posted for a vote. Additionally, there is not yet an Assembly sponsor for the bill. We will continue to work on this issue should the legislation advance again
Legislative News
N THE WATER FRONT The second-ever hearing of the Assembly Infrastructure and Natural Resources Committee was held in late summer and focused on the economic benefits of investing in water infrastructure. The hearing opened with ARTBA’s Dr. Alison Black, who authored a UTCA-commissioned study showing that for every dollar invested in NJ water infrastructure, the state benefits from a three-dollar return in economic activity.
ON THE GOVERNOR’S DESK Two bills recently made their way to the Governor’s desk that we wanted to share with the industry. The first is A3999/S2380, which would create a rebuttable presumption, for workers’ compensation insurance purposes, that certain essential employees contracted the virus during the scope of their employment. As previously reported, UTCA opposed this bill and requested amendments in both houses; we were also a part of an NJBIA coalition that opposed the measure. UTCA and others argued that especially now that many establishments are open, this law is unnecessary and harmful to employers. The bill passed both houses on July 30 and was signed into law on September 14. Another bill we’ve mentioned in the past now awaits Governor Murphy’s signature: S232/A2212, sponsored by Senator Singleton and Assemblyman McKeon, would require certain facilities applying for new permits, expansion permits, or permit renewals to produce an “environmental justice impact statement” and hold public hearings if located in what the bill defines as an envi-
Utility & Transportation Contractor | OCTOBER| 2020 31