New Jersey-2024-S233-Introduced

An Act establishing the New Jersey Wind Institute for Innovation and Training and supplementing Title 52 of the Revised Statutes.

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

1. This act shall be known and may be cited as the "New Jersey Wind Institute Act."

2. The Legislature finds and declares that:

a. Offshore wind, as a source of clean, renewable energy, provides opportunities for New Jersey to reduce dependence on fossil fuels that contribute to climate change, while significantly expanding and securing the State's economy for the short and long term;

b. Because New Jersey is located in the heart of the East Coast development area for offshore wind, it is geographically positioned to be a supply chain hub for the country's offshore wind industry;

c. The State has a goal of generating 7,500 megawatts of offshore wind capacity by 2035 as part of the State's goal to transition to 100 percent clean energy by 2050, as stated in the 2019 Energy Master Plan;

d. Because offshore wind is an emerging industry in New Jersey, the State has a unique opportunity to promote the development of the offshore wind industry in order to ensure its longevity, inclusivity, and synergy with other industries in the State, and to ensure that the offshore wind industry reflects the diversity of New Jersey's population;

e. To further these goals, it is appropriate for the State to develop resources for education, research, innovation, and workforce training related to the development of the offshore wind industry in New Jersey and in the Northeast and Mid-Atlantic regions; and

f. A New Jersey Wind Institute for Innovation and Training, acting in collaboration with other State agencies, can play a key role in the development of the offshore wind industry by leading the State's coordination, promotion, and implementation of offshore wind workforce development, education, research, and innovation, with a particular focus on driving diversity, equity, and inclusion in this new industry.

3. As used in this act:

"Board" means the board of the New Jersey Wind Institute for Innovation and Training established pursuant to section 5 of this act.

"Institute" means the New Jersey Wind Institute for Innovation and Training established pursuant to section 4 of this act.

4. The New Jersey Wind Institute for Innovation and Training is created and established in the Executive Branch of the State Government. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the institute is allocated in, but not of, the Department of the Treasury. Notwithstanding this allocation, the institute shall be independent of any supervision or control by the Department of the Treasury or any board or officer thereof.

5. a. The institute shall be governed by a board consisting of nine members, as follows:

(1) the Governor, or the Governor's designee, who shall serve ex officio;

(2) the President of the Board of Public Utilities, or the president's designee, who shall serve ex officio;

(3) the Commissioner of Environmental Protection, or the commissioner's, who shall serve ex officio;

(4) the Secretary of Higher Education, or the secretary's designee, who shall serve ex officio;

(5) the Commissioner of Labor and Workforce Development, or the commissioner's designee, who shall serve ex officio;

(6) the Chief Executive Officer of the New Jersey Economic Development Authority, or the chief executive officer's designee, who shall serve ex officio; and

(7) three public members to be appointed by the Governor with the advice and consent of the Senate.

The chairperson of the board shall be appointed by the Governor, with the advice and consent of the Senate, from among the public members.

b. Each of the public members appointed to the board shall have relevant experience in one or more of the following areas: workforce development; organized labor; education, research and innovation; clean energy or offshore wind development; environmental protection; or diversity and inclusion. The public members shall be chosen to provide relevant experience in different areas. In the selection of public members, a strong effort shall be made to solicit women and minorities as candidates for appointment to the board.

c. The terms of the public members of the board shall be for five years or until their successors are appointed, except that, of the appointments first made to the board under this act, two shall serve for terms of three years or until their successors are appointed. Any vacancy shall be filled in the same manner as the original appointment but only for the balance of the unexpired term. A member may be reappointed to a second or subsequent term. The members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the institute for its purposes.

d. Each member appointed by the Governor may be removed from office by the Governor. Each member, before entering upon the member's duties, shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability. A record of these oaths shall be filed in the office of the Secretary of State.

e. No member of the board may be employed by, or hold an ownership interest of greater than 10 percent in, a private entity that has made a financial contribution to the institute in the past two years.

f. No member of the board, or officer, employee, or agent of the institute, shall take any official action on any matter in which such person has a direct or indirect personal financial interest.

6. a. A majority of the board members shall constitute a quorum at any meeting thereof. The board may take action upon the affirmative vote of a majority of members present. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. A true copy of the minutes of every meeting of the board shall be delivered to the Governor.

b. No action taken at such meeting by the board shall have force or effect until approved by the Governor or until 10 days after such copy of the minutes shall have been delivered. If, in this 10-day period, the Governor returns the copy of the minutes with a veto of any action taken by the board or any member thereof at the meeting, such action shall be null and of no effect. The Governor may approve all or part of the action taken at such meeting prior to the expiration of the 10-day period.

7. a. The Governor shall appoint an initial executive director of the institute. Thereafter, the board shall have the power to appoint an executive director, who shall serve at the pleasure of the board and receive compensation as provided by the board, without regard to the provisions of Title 11A of the New Jersey Statutes. The appointment by the board of an executive director shall terminate the employment of the initial executive director appointed by the Governor, except that the board may choose to appoint the initial executive director to serve as the executive director.

b. The executive director shall be responsible for the selection of properly qualified staff of the institute. Staff members shall have backgrounds in one or more of the following: offshore wind; clean energy; workforce development; innovation and technology; diversity and inclusion; environmental justice; economic development; or any other area necessary for the administration of the institute. A strong effort shall be made to recruit women and minorities to serve as institute staff. Staff members shall receive compensation as provided by the board, without regard to the provisions of Title 11A of the New Jersey Statutes.

8. The institute shall have the following powers:

a. to design, establish, and implement workforce development, education, research, and innovation programs and initiatives that advance the State's offshore wind industry and associated clean energy goals;

b. to collaborate with State agencies and other instrumentalities that include, but are not limited to, the New Jersey Economic Development Authority, the Office of the Secretary of Higher Education, the Department of Education, the Department of Labor and Workforce Development, the Board of Public Utilities, the Department of Environmental Protection, and the New Jersey Commission on Science, Innovation, and Technology;

c. to engage with, collaborate, and coordinate efforts among offshore wind stakeholders, including but not limited to industry, State and federal agencies, regional partners, public and private institutions of primary, secondary, and higher education, labor groups, environmental groups, and environmental justice organizations, in order to advance offshore wind workforce development, education, research, and innovation;

d. to promote, support, and fund offshore wind workforce development, education, research, and innovation efforts, including issuing requests for proposals or requests for qualifications, awarding grants or loans to private companies, private or public organizations, or individuals, entering into agreements and contracts, and entering into public-private partnerships;

e. to commission and publish research studies;

f. to collect, analyze, and disseminate data related to offshore wind workforce needs, gaps, and development resources;

g. to promote innovation and encourage the development of solutions to problems facing the offshore wind industry;

h. to enter into membership in other organizations or coalitions;

i. to establish advisory committees to inform its actions and further any of its purposes, and to include private and public members on such committees as appropriate to the purpose for which the committee is established;

j. to adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act;

k. to adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business, which shall include protections against undue influence or quid pro quo transactions relating to the receipt of contributions from private sources;

l. to adopt and have a seal and alter the same at its pleasure;

m. to have the authority to sue and be sued;

n. to have the authority to conduct meetings and public hearings in connection with the purposes of this act;

o. to have the authority to enter into contracts upon those terms and conditions as the institute determines to be reasonable to effectuate the purposes of this act;

p. to employ consultants, contractors, and specialists in offshore wind workforce development, education, research, and innovation, and related fields, to hire employees as may be required in the judgment of the institute to effectuate the purposes of this act, and to fix and pay their compensation from funds available therefor, all without regard to the provisions of Title 11A of the New Jersey Statutes;

q. to contract for and to accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from the United States of America or any agency or instrumentality thereof, or from the State or any agency, instrumentality, or political subdivision thereof, or from any other public or private source, including private companies and individuals, and to comply with the terms and conditions thereof;

r. to solicit contributions from public and private entities for any of its corporate purposes;

s. to maintain an office at such place or places within the State as the board may designate, including the ability to acquire or rent property and construct or renovate facilities;

t. to enter into any agreements necessary to provide for the institute's establishment, operation, and financial support, including memoranda of understanding with other State entities;

u. to create nonprofit entities as provided in section 9 of this act; and

v. to have the authority to do any and all things necessary or convenient to carry out its purposes and exercise the powers granted in this act.

9. a. In order to effectuate any of its authorized purposes either directly or indirectly, in addition to any powers granted pursuant to section 8 of this act, the institute shall have the authority to form or assume control of one or more nonprofit entities, in the manner and for the purposes set forth in this section.

b. The nonprofit entity may be formed under the nonprofit laws.

c. The nonprofit entity shall have the power to:

(1) conduct fundraising activities and accept funding from public and private organizations to be used in support of offshore wind workforce development, education, research, and innovation in the State;

(2) establish, sponsor, and operate membership, including the ability to generate revenue from members; and

(3) in consultation with the institute, promote, support, and fund offshore wind workforce development, education, research, and innovation programming.

d. The institute and any nonprofit entity formed or for which control is assumed by the institute pursuant to this section may enter into any agreements necessary to provide for the establishment, operation, and financial support of the institute and the nonprofit entity.

e. The nonprofit entity may be organized and operated in such a manner as to be eligible under applicable federal law for tax-exempt status and for the receipt of tax-deductible contributions, and shall be authorized to sue and to be sued as a legal entity separate from the State of New Jersey.

10. a. The institute shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on or before the 365th day next following the effective date of this act and annually thereafter. Each report shall set forth a complete operating and financial statement covering the operations of the institute and any nonprofit entity created or for which control is assumed pursuant to section 9 of this act.

b. Within one year after the enactment of this act, and every third year thereafter, the institute shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the workforce development, education, research, and innovation programs and initiatives established by the institute, and the contribution of those programs and initiatives to the advancement of the State's offshore wind industry.

11. This act shall take effect immediately.

STATEMENT

This bill would establish the New Jersey Wind Institute for Innovation and Training (institute).

The institute would be governed by a board consisting of nine members, as follows: the Governor, the President of the Board of Public Utilities, the Commissioner of Environmental Protection, the Chief Executive Officer of the New Jersey Economic Development Authority, the Secretary of Higher Education, and the Commissioner of Labor and Workforce Development, or their designees; and three public members appointed by the Governor with the advice and consent of the Senate. The public members would have relevant experience in one or more of the following areas: workforce development; organized labor; education, research and innovation; clean energy or offshore wind development; environmental protection; or diversity and inclusion.

The institute would be charged with: (1) designing, establishing, and implementing workforce development, education, research, and innovation programs and initiatives that advance the State's offshore wind industry and associated clean energy goals; (2) collaborating with State agencies and other instrumentalities that include, but are not limited to, the New Jersey Economic Development Authority, the Office of the Secretary of Higher Education, the Department of Education, the Department of Labor and Workforce Development, the Board of Public Utilities, the Department of Environmental Protection, and the New Jersey Commission on Science, Innovation, and Technology; (3) engaging with, collaborating, and coordinating efforts among offshore wind stakeholders, including but not limited to industry, State and federal agencies, regional partners, public and private institutions of primary, secondary, and higher education, labor groups, environmental groups, and environmental justice organizations in order to advance offshore wind workforce development, education, research, and innovation; and (4) promoting, supporting, and funding offshore wind workforce development, education, research, and innovation efforts, including issuing requests for proposals or requests for qualifications, awarding grants or loans to private companies, private or public organizations, or individuals, entering into agreements and contracts, and entering into public-private partnerships.

The institute would be headed by an executive director, who would receive compensation without regard for Title 11A of the Revised Statutes. The executive director would be responsible, among other things, for hiring staff for the institute who would also receive compensation without regard for Title 11A of the Revised Statutes. Under the bill, no action taken at meetings held by the board would have force or effect until approved by the Governor or until 10 days after a copy of the minutes have been delivered. If, in this 10-day period, the Governor returns the copy of the minutes with a veto of any action taken by the board or any member thereof at the meeting, the action would have no effect. The bill authorizes the Governor to approve all or part of an action taken prior to the expiration of the 10-day period.

The bill would delegate to the institute certain enumerated powers, as described in section 8 of the bill. The bill would also authorize the board to form nonprofit entities, as described in section 9 of the bill. Under the bill, the institute and any nonprofit entity formed or for which control is assumed by the institute could enter into any agreements necessary to provide for the establishment, operation, and financial support of the institute and the nonprofit entity.

The Governor's Budget-in-Brief for Fiscal Year 2023 includes $5 million to help establish the Wind Institute for Innovation and Training to support the State's offshore wind workforce. According to the budget-in-brief, this funding would complement funding from other sources, including Clean Energy Fund allocations and funding related to offshore wind development. This bill would establish the institute in statute.