A3788

ASSEMBLY, No. 3788

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED FEBRUARY 22, 2024

 


 

Sponsored by:

Assemblyman BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

 

 

 

 

SYNOPSIS

Requires Commissioner of Transportation to publish notice of certain transportation-related infrastructure projects and activities on Internet website, and directs State Comptroller to monitor publication of notifications.

 

CURRENT VERSION OF TEXT

As introduced.


An Act concerning the accountability and transparency of certain federally funded transportation-related infrastructure projects and activities, supplementing Title 27 of the Revised Statutes and P.L.2007, c.52 (C.52:15C-1 et seq.).

 

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1. As used in this act:

Chief Technology Officer means the person appointed by and serving at the pleasure of the Governor, in accordance with section 11 of P.L.2007, c.56 (C.52:18A-229), who is responsible for the day-to-day operations of the Office of Information Technology in, but not of, the Department of the Treasury.

"Control" means authority over the affairs of a business, including, but not limited to, capital investment, property acquisition, employee hiring, contract negotiations, legal matters, officer and director selection, operating responsibility, financial transactions, and the rights of other shareholders or joint partners; except that control shall not include absentee ownership and shall not be deemed to exist if an owner or employee who is not a minority, in the case of a minority business, or a male owner or employee, in the case of a women's business, is disproportionately responsible for the operation of the business or for policy and contractual decisions.

Employed means employed for more than 90 days in a full-time position of employment in which the average hourly rate, excluding benefits and reimbursements, is greater than or equal to 150 percent of the federal minimum wage, and which includes an employee incentive package that provides or allows employees to receive employee health benefits under a group health plan as defined by section 14 of P.L.1997, c.146 (C.17B:27-54), a health benefits plan as defined by section 1 of P.L.1992, c.162 (C.17B:27A-17), or a policy or contract of health insurance covering more than one person issued pursuant to Article 2 of Title 17B of the New Jersey Statutes.

Federal funds means federal funds made available to the State under the federal American Recovery and Reinvestment Act of 2009, Pub.L.111-5 (26 U.S.C. s. 1 (note) et seq.) or under any other federal programs for a transportation-related infrastructure project or activity.

Full-time position means a position filled by an employee for at least 140 hours per month, which does not include seasonal employment.

Internet means the international computer network of both federal and non-federal interoperable packet switched data networks.

Minority means a person who is: (1) Black, which is a person having origins in any of the black racial groups in Africa; (2) Hispanic, which is a person of Spanish or Portuguese culture, with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; (3) Asian-American, which is a person having origins in any of the original peoples of the Far East, Southeast Asia, Indian subcontinent, Hawaii, or the Pacific Islands; or (4) American Indian or Alaskan native, which is a person having origins in any of the original peoples of North America.

"Minority business" means a business which is: (1) a sole proprietorship owned and controlled by a minority; (2) a partnership or joint venture owned and controlled by minorities in which at least 51 percent of the ownership interest is held by minorities and the management and daily business operations of which are controlled by one or more of the minorities who own it; or (3) a corporation or other entity whose management and daily business operations are controlled by one or more minorities who own it, and which is at least 51 percent owned by one or more minorities, or, if stock is issued, at least 51 percent of the stock is owned by one or more minorities.

State agency means any of the principal departments in the Executive Branch of State Government and any division, board, bureau, office, commission, or other instrumentality within or created by such principal department, and any independent State authority, commission, instrumentality, or agency.

State resident means a person legally domiciled within the State of New Jersey.

Transportation-related infrastructure project or activity includes, but shall not be limited to, transportation-related infrastructure investments eligible to receive funding under the provisions of Title XII of the federal American Recovery and Reinvestment Act of 2009, Pub.L.111-5 (26 U.S.C. s. 1 (note) et seq.) or any other federal program.

"Woman" or "women" means a female or females, regardless of race.

"Women's business" means a business which is: (1) a sole proprietorship owned and controlled by a woman; (2) a partnership or joint venture owned and controlled by women in which at least 51 percent of the ownership is held by women and the management and daily business operations of which are controlled by one or more women who own it; or (3) a corporation or other entity whose management and daily business operations are controlled by one or more women who own it, and which is at least 51 percent owned by women, or, if stock is issued, at least 51 percent of the stock is owned by one or more women.

 

2. a. The Commissioner of Transportation, in consultation with the Chief Technology Officer, shall, not later than 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), design and develop, maintain and operate a single, searchable Internet website with the capacity to retain and display data and information concerning the allocation and spending of federal funds made available to the State for transportation-related infrastructure projects or activities.

b. The Internet website developed in accordance with subsection a. of this section shall:

(1) be accessible through a link prominently displayed on the home page of the official Internet website for the State of New Jersey;

(2) be available without charge for access;

(3) be organized by type of expenditure and State agency associated with the expenditure of federal funds;

(4) provide opportunity for public comment regarding its utility and recommendations for its improvement; and

(5) incorporate links to any other State or federal Internet websites with information regarding transportation-related infrastructure projects or activities.

c. Data and information made available on the Internet website developed in accordance with subsection a. of this section may, at the commissioners discretion, be updated or revised periodically.

d. Notwithstanding the provisions of any other law, the Internet website developed in accordance with subsectio