S355 —

S355 STR SCS Statement 3/18/19 SENATE TRANSPORTATION COMMITTEE   STATEMENT TO   SENATE COMMITTEE SUBSTITUTE FOR SENATE, No.

355  STATE OF NEW JERSEY 218th LEGISLATURE ADOPTED MARCH 18, 2019   SponsoredDATED: by:

Senator  MARCH RONALD18, L.2019        The Senate Transportation Committee reports favorably a Senate Committee Substitute for Senate Bill No.

RICE355. District 28 (Essex)         SYNOPSIS      Requires notice of certain transportation-related infrastructure projects and activities to be published on Internet website, and directs State Comptroller to monitor publication of those notifications.

      CURRENTAs VERSIONreported, OFthis TEXTsubstitute     requires Substitutethe asDepartment adoptedof byTransportation (department) to design, develop, maintain, and operate a single, searchable Internet website or stand-alone section of the Senatedepartment’s Transportationwebsite Committee.with data concerning transportation capital projects in the State funded with State or federal funds.  The website is required to:

 be Anupdated Actquarterly; concerning the accountability and transparency of transportation-related infrastructure projects and activities and supplementing Title 27 of the Revised Statutes and P.L.2007, c.52 (C.52:15C-1 et al.).

 be     free Befor Ituse Enactedto by the Senatepublic; and General Assembly of the State of New Jersey:

 be     accessible 1.   through Asa usedlink inon thisthe act:home page of the department’s website;

    be “Chieforganized 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-daysame operationsmanner ofas the OfficeAnnual ofTransportation InformationCapital TechnologyProgram; in, but not of, the Department of the Treasury.

    provide "Control"an meansopportunity authorityfor overpublic thecomment affairson ofits autility business, including, but not limited to, capital investment, property acquisition, employee hiring, contract negotiations, legal matters, officer and directorrecommendations selection,for operatingits responsibility,improvement; financial transactions, and the rights of other shareholders or joint partners;

except that control shall not include absentee ownership and shall not be deemedlinked to existother ifState anand ownerfederal orwebsites employeewith whopublic isdata noton a minority, in the casesame ofcapital aprojects; 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,be isintegrated greaterwith than or equal to percent of the federalother minimumstatutorily wage,required andtransportation whichcapital includesprogram anwebsites. 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.

     “Full-timeThe position”website meansis required to contain information for each capital project concerning funding sources and contract information.  It is to provide contact information for the contractor and subcontractors involved on a positionproject, filledthe bynames anof employeethe principal officers of the contractor and subcontractors, a description of the project or activity and a statement of its purpose, the disadvantaged business enterprise contracting goals for atthe leastproject, 140planholder hoursand perbidder month,lists, updated project timelines which doestrack notboth includeconstruction seasonalprogress employment.and project funding expenditures, and the State agency responsible for administering any federal funds.

     “Minority”The meanswebsite is also to provide data concerning minority and women’s business participation, including contact information for the appropriate disadvantaged business enterprise, civil rights, or business development entity assigned to the project as applicable, identification of disadvantaged business, emerging small business, small business enterprise, minority business, or women’s business certification for any contractor or subcontractor on a personproject whoas is:appropriate, and the number of State residents and the number of women and minorities employed as a result of the project or activity as reported on the AA-202 form for EEO compliance monitoring.  Planholder and bidder’s lists are to be published on the website on the date that the lists are compiled by the State, before the award of a bid, and prior to the deadline for contractors and subcontractors to report the disadvantaged businesses that will be working on the project.

(1)     Black,The substitute authorizes the Commissioner of Transportation to adopt immediately upon filing with the Office of Administrative Law, rules and regulations necessary to effectuate the purposes of the substitute, which isare to be effective for a personperiod havingof origins180 indays anyafter the effective date of the blacksubstitute.  racialThereafter, groupsthe rules and regulations may be amended, adopted, or readopted in Africa;accordance with the “Administrative Procedure Act.”      The substitute also requires the State Comptroller to monitor the website and ensure compliance with the requirements of the substitute, and to submit a report to the Governor and Legislature concerning the website.

(2)      Hispanic,Senate whichBill isNo. a person of Spanish or Portuguese culture, with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race;

(3)355 Asian-American,as whichsubstituted isand areported personby havingthe originscommittee inis anyidentical ofto the originalAssembly peoplesSubstitute offor theAssembly FarBill East,No. Southeast Asia, Indian subcontinent, Hawaii, or the Pacific Islands;

or1130 (4) American Indian or Alaskan native, which iswas areported personby having origins in any of the originalcommittee peopleson ofthis Northdate. 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, projects funded in whole, or in part, with State, federal, or any other funds of the Special Transportation Fund of the New Jersey Transportation Trust Fund Authority.

     "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, develop, maintain, and operate a single, searchable Internet website, or stand-alone section of the website of the department, with the capacity to retain and display data and information concerning the allocation and spending of State and federal funds made available for transportation-related infrastructure projects or activities.

     b.    The Internet website, or stand-alone section of the department 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 New Jersey Department of Transportation;

     (2)   be available without charge for access;

     (3)   be organized by the same categorizations provided in the Annual Transportation Capital Program, including by phase of work, investment category, and core mission;

     (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, including but not limited to, federal project dashboards.

     c.     Data and information made available in accordance with this section shall be updated not less than quarterly.

     d.    Notwithstanding the provisions of any other law, the department shall not retain or display data or information deemed private or confidential by any State or federal laws, rules, or regulations when providing the information required in accordance with this section.