New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise:
"Affirmative action" or "AA," whether used separately or in
					 combination with other words or phrases (including, but not limited to,
					 "program," "equal employment opportunity" and "EEO/AA"), means good faith
					 efforts taken to ensure equal opportunity employment for women and minority
					 workers consistent with the New Jersey Department of Treasury Equal Employment
					 Opportunity and Affirmative Action rules, set forth at N.J.A.C. 17:27, but does
					 not include employment quotas, except where otherwise permitted and appropriate
					 under applicable law.
"Authority" means the Internal Process Management unit in
					 the New Jersey Economic Development Authority.
"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
					 (34:1B-124 et seq.), that enables
					 the entity to engage in a construction contract, but this subchapter shall not
					 be construed as requiring affirmative action 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.
"AA Compliance Officer" means the officer or employee
					 designated by the Authority to monitor affirmative action in Authority financed
					 projects.
"Construction contract" means any contract, subcontract, or
					 agreement, whether written or oral, for construction, reconstruction,
					 demolition, alteration, repair work, maintenance work, or construction related
					 to installation of equipment, undertaken in connection with Authority financial
					 assistance or any of its projects, those projects which it undertakes pursuant
					 to P.L.
					 2002, c. 43 or
					 undertaken to fulfill any condition of receiving Authority financial assistance
					 and paid for in whole or in part with funds received through 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 specifically exempted by
					 19:30-3.4.
"Construction project" or "project" means a project that
					 has received final approval from the Authority.
"Contractor" means any party who enters into a construction
					 contract with the project owner/applicant, or any party to whom funds will be
					 disbursed for payment of construction work, including any subcontractor of the
					 Contractor.
"Entity" means "project owner/applicant" as defined below
					 in this section and/or "landlord of the entity receiving Authority financial
					 assistance" pursuant to
					 19:30-3.4(b).
"Minority worker" means a worker who is Black, Hispanic,
					 Asian, or American Indian as defined by the New Jersey Department of Treasury
					 in 17:27-2.1 as follows:
1. Black, not of Hispanic Origin means persons having
					 origins in any of the black racial groups of Africa.
2. Hispanic means persons of Mexican, Puerto Rican, Cuban,
					 Central or South American or other Spanish culture or origin, regardless of
					 race.
3. Asian or Pacific Islander means persons having origins
					 in any of the original peoples of the Far East, Southeast Asia, the Indian
					 Subcontinent, or the Pacific Islands. This area includes Hawaii, Pakistan,
					 Korea, China, Japan, Vietnam, Cambodia, Philippine Islands and Samoa.
4. American Indian or Alaskan Native means persons having
					 origins in any of the original people of North America and who maintain
					 cultural identification through tribal affiliation or community recognition.
"Monitoring" means Authority review of reports and forms
					 required under this chapter as well as periodic meetings and site visits
					 conducted by the Authority.
"Prime contractor" means the general contractor or
					 construction manager that is designated by the project owner/applicant to be
					 the contractor that is primarily responsible for submitting the required report
					 forms to the Authority pursuant to
					 19:30-3.7.
"Project owner/applicant" means the entity which or
					 individual who has applied for, or is the recipient of, or will be the
					 recipient of Authority financial assistance.
"Subcontractor" means a third party that is engaged by a
					 contractor to perform, pursuant to a subcontract, all or part of the work in a
					 construction contract.