Bill Text: NJ S103 | 2010-2011 | Regular Session | Amended
Bill Title: Requires Commissioner of Transportation to publish notice of certain transportation-related infrastructure projects and activities on single, searchable Internet website, and directs State Comptroller to monitor publication of those notifications.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-02-22 - Received in the Assembly, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [S103 Detail]
Download: New_Jersey-2010-S103-Amended.html
SENATE, No. 103
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Requires Commissioner of Transportation to publish notice of certain transportation-related infrastructure projects and activities on single, searchable Internet website, and directs State Comptroller to monitor publication of those notifications.
CURRENT VERSION OF TEXT
As reported by the Senate Transportation Committee on March 4, 2010, with amendments.
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, pursuant to section 9 of P.L.2007, c.56 (C.52:18A-227), who is responsible for carrying out the duties and functions and fulfilling the responsibilities of the Office of Information Technology, in but not of the Department of the Treasury;
"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 under section 14 of P.L.1997, c.146 (C.17B:27-54), a health benefits plan as defined under 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 provisions of the "American Recovery and Reinvestment Act of 2009," Pub.L.111-5 (26 U.S.C. s. 1 (note) et seq.) 1or under the provisions of any other federal programs for a transportation-related infrastructure project or activity1;
"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: Black, which is a person having origins in any of the black racial groups in Africa; 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; 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 American Indian or Alaskan native, which is a person having origins in any of the original peoples of North America;
"State resident" means a person legally domiciled within the State of New Jersey.
"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;
"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 "American Recovery and Reinvestment Act of 2009," Pub.L.111-5 (26 U.S.C. s. 1 (note) et seq.) 1or any other federal program1; and
"Women" means females, regardless of race.
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. At a minimum, 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 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 commissioner's discretion, be updated or revised, but shall not be subject to removal before October 1, 2011.
d. On or after October 1, 2011, the commissioner may, at the commissioner's discretion, terminate the maintenance and operation of the Internet website developed in accordance with subsection a. of this section and remove any data or information retained or displayed on the Internet website on or before that date.
e. Notwithstanding any other law to the contrary, the Internet website developed in accordance with subsection a. of this section shall not retain or display data or information deemed private or confidential by State or federal laws, rules, or regulations.
3. a. In addition to the notification and reporting requirements imposed under the "Jobs Accountability Act," section 512 of Pub.L.111-5 or under any other State or federal laws, rules, or regulations, the Commissioner of Transportation shall publish, on the Internet website developed in accordance with section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), notice of each transportation-related infrastructure project or activity, the cost or contract price of which is to be paid with or out of federal funds by or on behalf of a State agency.
b. The notice of a transportation-related infrastructure project or activity published in accordance with subsection a. of this section shall include, but shall not be limited to:
(1) the name and address of the entity responsible for coordinating and conducting the project or activity;
(2) the names of the principal officers and directors of the entity and, if the entity coordinating and conducting the project or activity is a subsidiary of another entity, the name and address of the parent entity and the names of its principal officers and directors;
(3) a description of the project or activity and a statement of its purpose;
(4) the cost or price of the project or activity;
(5) the beginning and termination dates of the project or activity; and
(6) the State agency responsible for administering the federal funds allocated to the project or activity.
c. To monitor minority and women's business participation and to account for job creation and retention resulting from the allocation and spending of federal funds, the notice of a transportation-related infrastructure project or activity published in accordance with subsection a. of this section shall also provide data and information concerning:
(1) whether an entity responsible for coordinating and conducting a project or activity is certified, in accordance with P.L.1986, c.195 (C.52:27H-21.17 et seq.), as a minority business or a women's business by the Director of the Division of Minority and Women Business Development in the Office of Economic Growth; and
(2) the number of State residents and the number of women and minorities employed as a result of the project or activity.
d. A notice published in accordance with subsection a. of this section shall be posted on the Internet website developed in accordance with section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) not later than 30 days after the date in which federal funds are first allocated by or on behalf of a State agency for a transportation-related infrastructure project or activity.
4. Notwithstanding the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Transportation may adopt, immediately upon filing with the Office of Administrative Law, regulations deemed necessary by the commissioner to implement the provisions of this section, which regulations shall be effective for a period not exceeding 180 days following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) and may thereafter be amended, adopted, or readopted by the commissioner in accordance with P.L.1968, c.410.
5. a. In addition to the duties and responsibilities imposed under P.L.2007, c.52 (C.52:15C-1 et seq.), the State Comptroller shall, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) but before October 1, 2011, monitor the Internet website developed in accordance with section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and oversee the publication of notifications required in accordance with section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The State Comptroller shall immediately notify, in writing, the Governor, the President of the Senate, and the Speaker of the General Assembly of any irregularities or inconsistencies identified in the design and development, maintenance and operation of the Internet website, and any failure to publish notifications required in compliance with section 3 of P.L. , c. (pending before the Legislature as this bill).
c. (1) The State Comptroller shall, on or before December 1 of each calendar year in which the Internet website developed in accordance with section 2 of P.L. , c. (pending before the Legislature as this bill) remains operational, submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the design and development, maintenance and operation of the Internet website; any irregularities or inconsistencies or failures identified during the course of the previous calendar year; and any recommendations for its improvement.
(2) The annual report shall also provide data and information concerning the number of State residents and the number of women and minorities employed as a result of federally funded transportation-related infrastructure projects or activities, and the total number of entities responsible for coordinating and conducting transportation-related infrastructure projects or activities during the previous calendar year which are certified, in accordance with P.L.1986, c.195 (C.52:27H-21.17 et seq.), as a minority business or a women's business by the Director of the Division of Minority and Women Business Development in the Office of Economic Growth.
6. This act shall take effect immediately.
