New Jersey § 34:1b-5

§ 34:1b-5.

a. The New Jersey Economic Development Authority shall adopt rules and regulations requiring

that not less than the prevailing wage rate be paid to workers employed in the performance

of any construction contract, including contracts for millwork fabrication, undertaken

in connection with authority financial assistance or any of its projects, those projects

which it undertakes pursuant to P.L.2002, c. 43 ( C.52:27BBB-1 et al.), or undertaken to fulfill any condition of receiving authority financial

assistance, including the performance of any contract to construct, renovate or otherwise

prepare a facility for operations which are necessary for the receipt of authority

financial assistance, unless the work performed under the contract is performed on

a facility owned by a landlord of the entity receiving the assistance and less than 35 percent of the facility is leased by the entity at the time of the contract and under any

agreement to subsequently lease the facility. The prevailing wage rate shall be the rate determined by the Commissioner of Labor

and Workforce Development pursuant to the provisions of P.L.1963, c. 150 ( C.34:11-56.25 et seq. ). For the purposes of this section, “ authority financial assistance ” means any loan, loan guarantee, grant, incentive, tax exemption or other financial

assistance that is approved, funded, authorized, administered or provided by the authority

to any entity and is provided before, during or after completion of a project, including

but not limited to, all authority financial assistance received by the entity pursuant

to the “Business Employment Incentive Program Act,” P.L.1996, c. 26 ( C.34:1B-124 et al.) that enables the entity to engage in a construction contract, but this section

shall not be construed as requiring the payment of the prevailing wage for construction

commencing more than two years after an entity has executed with the authority a commitment

letter regarding authority financial assistance and the first payment or other provision

of the assistance is received. b. The New Jersey Economic Development Authority shall adopt rules and regulations

requiring that not less than the prevailing wage rate be paid to workers employed

in the performance of any contract, for construction, demolition, remediation, removal

of hazardous substances, alteration, custom fabrication, repair work, or maintenance

work, including painting and decorating, or excavation, grading, pile driving, concrete

form, or other types of foundation work in connection with the “New Jersey Community-Anchored

Development Act,” sections 43 through 53 of P.L.2020, c. 156 ( C.34:1B-311 through 34:1B-321 ), the “New Jersey Aspire Program Act,” sections 54 through 67 of P.L.2020, c. 156 ( C.34:1B-322 through C.34:1B-335 ), and the “New Jersey Emerge Program Act,” sections 68 through 81 of P.L.2020, c. 156 ( C.34:1B-336 et al.). The requirements of this subsection shall apply to any site preparation work performed

24 months prior to and during the incentive eligibility period of any project receiving

tax credits under the “New Jersey Community-Anchored Development Act,” sections 43

through 53 of P.L.2020, c. 156 ( C.34:1B-311 through C.34:1B-321 ), the “New Jersey Aspire Program Act,” sections 54 through 67 of P.L.2020, c. 156 ( C.34:1B-322 through C.34:1B-335 ), and the “New Jersey Emerge Program Act,” sections 68 through 81 of P.L.2020, c. 156 ( C.34:1B-336 et al.), in which there is a continuity of ownership in the site of the redevelopment

project, including work undertaken to fulfill any condition of receiving tax credits

under the programs. Work that is subject to the requirements of this subsection shall include the performance

of any contract for construction, demolition, remediation, removal of hazardous substances,

alteration, custom fabrication, repair work, or maintenance work, including painting

and decorating, or excavation, grading, pile driving, concrete form, or other types

of foundation work undertaken on a facility for operations which are necessary for

the receipt of tax credits under the “New Jersey Community-Anchored Development Act,”

sections 43 through 53 of P.L.2020, c. 156 ( C.34:1B-311 through C.34:1B-321 ), the “New Jersey Aspire Program Act,” sections 54 through 67 of P.L.2020, c. 156 ( C.34:1B-322 through C.34:1B-335 ), and the “New Jersey Emerge Program Act,” sections 68 through 81 of P.L.2020, c. 156 ( C.34:1B-336 et al.), unless the work performed under the contract is performed on a facility

owned by a landlord of the entity receiving the tax credit and less than 35 percent

of the facility is leased by the entity at the time of the contract and under any

agreement to subsequently lease the facility. The prevailing wage rate shall be the rate determined by the Commissioner of Labor

and Workforce Development pursuant to the provisions of P.L.1963, c. 150 ( C.34:11-56.25 et seq. ), and all contractors and subcontractors subject to the prevailing wage requirement

set forth in this section shall be registered with the Department of Labor and Workforce

Development pursuant to the provisions of section 5 of P.L.1999, c. 238 ( C.34:11-56.52 ). An applicant for tax credits under the “New Jersey Community-Anchored Development

Act,” sections 43 through 53 of P.L.2020, c. 156 ( C.34:1B-311 through C.34:1B-321 ), the “New Jersey Aspire Program Act,” sections 54 through 67 of P.L.2020, c. 156 ( C.34:1B-322 through C.34:1B-335 ), and the “New Jersey Emerge Program Act,” sections 68 through 81 of P.L.2020, c. 156 ( C.34:1B-336 et al.), shall certify under penalty of perjury as part of its application that all

construction contracts undertaken on any project in connection with an award under

the programs comply with the prevailing wage requirements of this subsection. If at any time the authority determines that the developer made a material misrepresentation

regarding compliance with the provisions of this subsection on the developer's application,

the developer shall forfeit 35 percent of the tax credits allowed under the programs,

and pay to the affected workers back wages in an amount that compensates the workers

at the prevailing wage rate for the work performed.