N.J. Admin. Code § 19:30-3.1
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 (N.J.S.A. 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 N.J.A.C. 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 N.J.A.C. 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 N.J.A.C. 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 N.J.A.C. 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.
N.J. Admin. Code § 19:30-3.1
See: 22 N.J.R. 1537(a), 22 N.J.R. 2532(a).
Definition for construction contract amended; minority worker added. Section recodified from 6.1.
Amended by R.2005 d.274, effective 8/15/2005.
See: 37 N.J.R. 1714(a), 37 N.J.R. 3058(a).
Added definitions "Authority", "AA Officer", "Construction project", "Office of Affirmative Action", and "Subcontractor", and rewrote "Minority worker" definition.
Amended by R.2010 d.285, effective 12/6/2010.
See: 42 N.J.R. 2019(a), 42 N.J.R. 2969(a).
Inserted definitions "Affirmative action", "Authority financial assistance", "Entity", "Monitoring" and "Prime contractor"; in definition "Authority", inserted "the Internal Process Management unit in"; substituted definition "AA Compliance Officer" for definition "AA Officer"; in definition "AA Compliance Officer", substituted "financed" for "funded"; rewrote definition "Construction contract" and "Construction project"; deleted definition "Office of Affirmative Action"; in paragraph 1 of definition "Minority worker", substituted "black" for "Black"; and in definition "Project owner/applicant", inserted "or will be the recipient of".