Legislation that the NJSPE is following / weighing in on:

A-931 – Provides State information technology contracts will require use of software to document computer use by contractor. This bill provides that any information technology contract entered into by a state agency, having a value in excess of $100,000 will require the information technology contractor to use software to verify that all hours billed for work under the contract for services performed on a computer are eligible charges. Every such contract must specifically provide that the State agency will not pay for hours worked on a computer unless the hours are verifiable by software or by data collected by software. The bill provides specific functions that this software must perform to document computer use in performance of a contract. It will apply to agencies in the Executive Branch of State government and to independent State authorities, commissions, instrumentalities, or agencies.

This legislation will require government contractors to install monitoring software that CIOs say would put citizens’ personal information at risk and potentially put states in violation of federal privacy and security regulations. The software, as described by the legislation, would take screenshots of contract workers’ computers at least once every three minutes, with those images then stored for at least seven years. Some states’ bills, like the New Jersey version, also call for constant logging of keystrokes and mouse activity.

The bill has not moved in this current legislative session, a copy of the bill can be found here:

https://pub.njleg.state.nj.us/Bills/2022/A1000/931_I1.PDFA3290/S1730 – Requires professional licensing boards to issue licenses for certain individuals with good standing licenses or certification in other jurisdictions under certain circumstances.
This bill requires professional and occupational boards to issue a license, certificate of registration, or certification to any applicant who received a license and equivalent training, education, or experience in another state or jurisdiction of the United States for the time the applicant is domiciled in this State.

The bill requires a professional and occupational board to issue a license, certificate, or certification to an applicant who presents evidence to the board that: (1) the applicant’s license, certificate of registration, or certification is in good standing in another jurisdiction; and (2) the applicant complies with all other requirements for licensure, including any requirement for examination.

The bill also requires each board to provide methods of evaluating equivalent training, education, or experience obtained towards meeting the requirements for the issuance of a license, certificate of registration, or certification. However, no method of evaluation shall operate in such a manner as to require the same number of hours of experience by the applicant.

This bill provides reciprocity for individuals with a license, certificate of registration, or certification issued by another jurisdiction of the United States. Individuals with these credentials from other states face barriers to entering the job market because professional and occupational licenses are often not transferable from state to state. This bill would allow individuals licensed in another jurisdiction to obtain a new license in New Jersey by virtue of their licensure in another state or other jurisdiction of the United States and would make it easier for those individuals to find or keep employment in this State.

The bill has passed the Assembly by a vote of 78-0 in May 2022 and is now awaiting movement in the Senate. A copy of the bill can be found here: https://pub.njleg.state.nj.us/Bills/2022/A3500/3290_I1.PDF

A-2138/S1890 – Establishes professional board to regulate home improvement and home elevation contractors and requires licensure for each type of contractor. Under the bill, requirements for licensure as either a home improvement or home elevation contractor include demonstrating, through an attestation as prescribed by the board, completion of either 1) an apprenticeship program registered with or approved by the United States Department of Labor, or a similar program as provided by a trade school or other facility that is accredited by a regional or national accrediting agency recognized by the United States Department of Education, that allows an individual to perform services that prepare the individual for a career in home improvement or home elevation or 2) two years, at a minimum, of experience performing home improvement services under the direct supervision of a home improvement contractor for individuals seeking licensure as a home improvement contractor or two years of experience performing home improvement and home elevation services under the direct supervision of a licensed home elevation contractor. An individual applying for licensure is also required to pass an exam to test knowledge of home improvement, and home elevation, if applicable.

The bill was amended in Assembly Consumer Affairs committee in June 2022 but was not officially released form the Committee. A copy of the bill can be found here: https://pub.njleg.state.nj.us/Bills/2022/A2500/2138_I1.PDF

S-2760/ A4384 – Concerns structural integrity regulations for certain residential buildings. his bill would supplement the “State Uniform Construction Code Act” (UCCA) to require that certain covered buildings and plans be inspected and reviewed by a structural inspector, as defined in the bill, during the building’s pre-construction, construction, and post-construction phases. In addition, this bill would supplement “The Planned Real Estate Development Full Disclosure Act” (PREDFDA) to assure that associations created under PREDFDA maintain adequate reserve funds to make certain required maintenance repairs to building components and common areas.

Specifically, this bill would supplement the UCCA to require that a structural inspector review the construction plans submitted with a construction application, set forth an inspection schedule to confirm that the primary load bearing system conforms to the building plans, and issue a written report which determines whether the primary load bearing system conforms to the building plans. A certificate of occupancy would not be issued under this bill until the structural inspector’s report confirms that the construction of the primary load bearing system of the building is in conformance with the approved construction plans. Similarly, this bill would preclude the issuance of a certificate of occupancy until any necessary repairs, renovations, alterations, or modifications to the structural components of a covered building are made pursuant to the inspector’s report. Any additional cost to the enforcing agency incurred as a result of inspections required under this bill would be recovered through a fee associated with the construction application.

In addition, this bill would require that an association created under PREDFDA undertake a capital reserve study to identify and assess the adequacy of the association’s capital reserve funds to meet the anticipated costs associated with maintaining the structural integrity of the buildings which the association is obligated to maintain. This capital reserve study would be conducted by a credentialed reserve specialist, or licensed engineer or architect, and would include, an analysis of the following:

  • the association’s capital reserve fund balances;
  • the association’s anticipated income and expenses;
  • the physical status and structural integrity of the common area components of the buildings and other common areas that the association is obligated to maintain;
  • the anticipated costs associated with the building maintenance, as well as the anticipated costs of repair or replacement of common area building components, that the association is obligated to maintain;
  • a reasonable estimate of the cost of future reserve studies or updates;
  •  a reasonable estimate of the costs associated with implementing any corrective maintenance and periodic structural inspections;
  • a reasonable estimate of the costs associated with implementing any corrective maintenance deemed necessary pursuant to the bill;
  • a proposed 30-year funding plan that establishes the adequate proposed funding over a 30-year time period; and

any other information necessary to perform an analysis of the adequacy of the association’s capital reserve funds relative to the buildings’ common area components and other common areas which the association is obligated to maintain.

In addition, this bill would require that the association create and fund a plan to ensure that adequate reserve funds are available to repair or replace one or more components of common elements and facilities which the association is obligated to maintain without need to create a special assessment or loan obligation. The bill would also allow an association’s executive board to adopt an assessment payable by the owners over one or more fiscal years or obtain a loan on such terms as the board determines to be reasonable, when necessary to fund the cost of corrective maintenance of the primary load bearing system of the planned real estate development. Prior to adopting such an assessment, the board would need to obtain a written report from a licensed engineer or architect explaining that the failure to undertake corrective maintenance of the primary load bearing system would:

  • constitute an imminent or reasonably foreseeable hazard to health or safety;
  • constitute a violation of the UCCA, or
  • result in a material increase in the cost of such corrective maintenance if delayed.

This bill would also require that the developer of a planned real estate development prepare a document setting forth a schedule for the preventative maintenance tasks to be undertaken by the association over the life of the common area components, including, but not limited to periodic inspections of the structural components of the buildings or common areas which the association is

obligated to maintain. This document would also be made available to prospective purchasers or owners of units, parcels or other interests of the planned real estate development. This preventative maintenance document would also be updated pursuant to the specifications of any structural inspections or reports performed under the UCCA.

As of the summer of 2020 this legislation has not yet moved. A copy of the bill can be found here:

Click to access 2760_I1.PDF

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