The Legislative Program and Policy Statement summarizes the positions of the New Jersey Builders Association on public policies relating to housing the state’s growing population.

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On January 4, 2008 Governor Corzine enacted NJBA strongly opposed legislation (P.L.2007, c.246) which grants DEP the authority to impose severe civil and criminal penalties under almost a dozen environmental statutes.  The statutes covered by the legislation include: the Waterfront Development Act, the Pesticide Control Act, the Wetlands Act, the Freshwater Wetlands Protection Act, the Coastal Area Facility Review Act, the Endangered and Nongame Species Conservation Act, the Water Supply Management Act, the Safe Dam Act, the Safe Drinking Water Act, and the Flood Hazard Area Control Act.  The law takes effect immediately.

Legislation enacted in August (P.L. 2006, c.85) makes property owners responsible for assuring tax withholding by all contractors and subcontractors who perform work on their properties.

An NJBA strongly opposed bill A4009/S2579/S2248 was signed into law on July 13, 2007 as P.L.2007, c.114.  The law establishes criminal penalties for the misclassification of construction workers as independent contractors.  The law applies a three part test to determine if a person is an independent contractor, based on: (1) who controls the person’s performance; (2) whether the service is within the employer's usual course of business; and, (3) whether the person is customarily engaged in an independent business or trade.  Upon determination that an employee has been misclassified, the law authorizes the suspension of a contractor’s registration, the issuance of stop work orders, and other penalties including fines of up to $75,000. Contractors who misclassify workers could be barred from future public contracts.

Four legislative initiatives championed by NJBA have been re-introduced in the 213th Legislative Session.  A439 (Green/Cruz Perez) amends the Municipal Land Use Law (MLUL) to add to the Act’s intents and purposes, the goal of providing an adequate supply of housing to meet the needs of the State’s population.  The bill also amends the statement of statutory construction to provide that the MLUL would be construed to grant power only to the extent specifically provided for within the law.  A440 (Green/McHose/Cruz-Perez) provides that those development regulations which are in effect on the date of submission of an application for development shall govern the review of that application.  A441 (Green)/ S975 (Van Drew) prohibits the Board of Public Utilities (BPU) from discriminating against homeowners and businesses based on where they are located.  A740 (Greenwald) would expand the Smart Growth Infrastructure Investment Program (SGIIP), administered by the BPU to cover areas designated by municipalities as in need of rehabilitation or redevelopment.  Under the bill, applicants in these areas would receive a refund of deposits to establish utility service extensions twice as fast as in other areas designated for growth.

On March 15, 2007, P.L.2007, c.55 was enacted establishing a “Joint Committee on Housing Affordability.”  Thus far, three appointments have been made to the ten-member committee: Assemblyman Jerry Green (D-22), Assemblywoman Nilsa Cruz-Perez (D-5), and Assemblywoman Mila Jasey (D-27).  The committee is tasked with examining the availability and affordability of housing for New Jerseyans of all economic means. It will review the financing and administration of programs aimed at increasing the supply of housing, particularly for those of modest means. It will also examine land use policies and other issues affecting the affordability and availability of housing.

“Worker Misclassification” – P.L.2007, c.114
“Joint Committee on Housing Affordability” – P.L.2007, c.55
“Pay Now” - P.L. 2006, c. 96
Third Party Tax Liability - P.L. 2006, c. 85
“Environmental Penalties” – P.L.2007, c.246