“UTCA strongly urges New Jersey’s congressional delegation to oppose this measure. A federal gas tax holiday could potentially cripple the nation’s ability to fund critical infrastructure projects. Meanwhile, there is little to no evidence that it would result in any meaningful benefit to Americans.  The American Road and Transportation Builders Association noted this four years ago and it remains true today.

“A gas tax holiday is more gimmick than actual relief. It would take us backwards without addressing affordability issues. The last thing New Jersey needs is another Gateway-style fight that puts critical federal funding at risk. We need every single New Jersey congressional representative to forcefully oppose this.”

WALL – Utility and Transportation Contractors Association (UTCA) Chief Executive Officer David Rible has been named a 2026 Silver Gull Award Recipient by the Monmouth-Ocean Development Council. The award recognizes outstanding individuals and organizations whose leadership and service have strengthened the economic vitality and quality of life in Monmouth and Ocean Counties.

“This is a tremendous honor, especially to be recognized with so many other incredible individuals and organizations,” said Rible. “I am thankful that I have been able to give back, in some small way, to the area where I was born and raised. I would not trade my experiences here for anything and appreciate the Monmouth-Ocean Development Council providing this recognition.”

Rible served as the UTCA’s Executive Director starting in 2019 before becoming CEO on January 1 of this year. In his time at UTCA, he has focused on a variety of issues critical to the industry, including renewal of the Transportation Trust Fund, strengthening the state’s infrastructure and bringing heightened awareness to mental health within the industry. Prior to joining UTCA, he was the Director of the New Jersey Alcoholic Beverage Control Commission (ABC).

In 2007, Rible was elected to the New Jersey Assembly, where he served until 2017. In his decade in the Legislature, he was known for reaching across the aisle to achieve bipartisan consensus on critical issues. Rible was the prime sponsor of bipartisan legislation that reauthorized the state’s Transportation Trust Fund, which pays for critical transportation infrastructure projects.

The Monmouth-Ocean Development Council is a nonprofit business advocacy organization dedicated to advancing the economic health of Monmouth and Ocean Counties. The Silver Gull Awards have celebrated excellence across business, government, nonprofit, and community sectors for over 60 years. Rible is being recognized for his work in government relations. Those being honored alongside Rible include:

Economic Development Award: Anna Mayer, Eatontown Industrial Park Association; David Schoner, The NJ Film & Television Commission

Community Service Award: Marilee Pettit, Press Communications; Dr. Pamela Monaco, Ocean County College; and James Davis, FC Monmouth

Nonprofit Award: Interfaith Neighbors

Tourism Award: Jersey Shore BlueClaws

President’s Award: Senator Robert Singer

The honorees will be recognized at the Silver Gull Awards Dinner on Wednesday, May 6, at South Gate Manor, 260 South Street, Freehold, New Jersey.

About UTCA

UTCA of New Jersey is a non-profit trade association headquartered in Wall, New Jersey. UTCA represents approximately 1,000 memberfirms in the public and private sectors, active in all phases of heavy, highway, utility, and marine construction, as well as site work including remediation of brownfields and contaminated sites. For more information, log on to http://www.utcanj.org  and follow on Twitter @UTCANJ.

If you have any questions regarding these or other legislative matters, please feel free to contact UTCA Director of Legislative Affairs Ryan Sharpe at (732) 292-4300 or via email here.

Assembly Bill 796/Senate Bill 731

Requires electric public utilities to develop and apply special rules for certain data centers to protect non-data center customers from increased costs.

Recent Action

February 12, 2026

A-796 Reported from the Assembly Telecommunications & Utilities Committee

S-731 Reported from the Senate Economic Growth Committee

Summary

This bill requires each electric public utility in the State to develop and submit to the Board of Public Utilities (BPU) a tariff for large load data centers. The tariff must be designed to: (1) ensure that non-data center ratepayers are protected from any increased costs that result from increased electricity demand caused by large load data centers; and (2) incentivize large load data centers to develop and utilize methods to increase energy efficiency,

UTCA Position

UTCA is concerned that this legislation will discourage the construction of data centers in New Jersey and we opposed this bill.

Senate Bill 679

"Climate Corporate Data Accountability Act"; requires certain business entities to publicize annual greenhouse gas emissions data.

Recent Action

February 12, 2026

Reported from the Senate Environment & Energy Committee

Summary

The bill, would require certain business with total annual revenue in excess of $1 billion and that do business in New Jersey to publicly disclose their greenhouse gas emissions. 

UTCA Position

The data collected as part of this legislation will likely be utilized to impose financial penalties on these businesses. UTCA believes these costs will be passed on to consumers and increase the cost of doing business in the state and therefore, opposed this bill.

Assembly Bill 2078

Establishes registry of out-of-state contractors who are awarded public works contracts in this State.

Recent Action

February 12, 2026

Reported from the Assembly Commerce & Economic Development Committee

Summary

This bill requires the State Treasurer to establish and maintain an up-to-date and public registry of out-of-state contactors who are awarded contracts to engage in the performance of public works projects in New Jersey

UTCA Position

The legislation does not indicate the purpose of collecting this information. As such, UTCA is monitoring this bill.

Senate Bill 3251

Makes various changes to New Jersey Infrastructure Bank's enabling act.

Recent Action

February 12, 2026

Reported from the Senate Environment & Energy Committee

Summary

This bill updates the enabling act for the New Jersey Infrastructure Bank (I-Bank) to enhance its ability to fund infrastructure projects and clarify its authority to provide financial assistance for wastewater, water supply, and onsite wastewater treatment projects.

UTCA Position

This bill would enhance the I-Bank's ability to provide financial resources for critical infrastructure projects and therefore UTCA supported this measure.

A judge on Tuesday lifted a court order requiring the release of federal funding for the Gateway project until a hearing on the Trump Administration's appeal takes place on Thursday.

While the judge did not reverse the earlier order releasing the funds, she imposed an administrative stay on that order which pauses funding while the US Second Circuit Court of Appeals considers the federal government's appeal.

Construction on the $16 billion Hudson River tunnel project will remain stalled until at least Thursday.

We will provide additional updates following Thursday's hearing or if there are any developments between now and then.

In the meantime, if you have any questions, please feel free to contact UTCA's CEO David Rible at (732) 292-4300 or via email here.

NJ Governor Sherrill Makes NJDOL Nomination

Today Governor Sherrill announced the nomination of Kevin Jarvis as the new Commissioner of Department of Labor. While he still will be needing senate confirmation we are confident that he will be confirmed. The UTCA will be seeking a meet and greet with the commissioner ASAP to work collaboratively with him while addressing our concerns within the industry. The UTCA did do an announcement endorsing his Click Here For The Statement

UTCA-BACKED "DIRTY DIRT"

BILL SIGNED INTO LAW

Legislation UTCA helped craft exempting public works projects from rules requiring contractors to secure an A901 license was signed into law today by Governor Murphy.

UTCA has been working with a coalition of impacted businesses on the measure which clarifies that proposed rules from the New Jersey Department of Environmental Protection would not apply to a number of construction-related activities, including utility work.

In addition, UTCA successfully lobbied for amendments to the bill to exempt work performed on a public works project.

The rules resulted from the enactment of legislation designed to address criminal influence in the soil hauling industry which is often referred to as the "Dirty Dirt" law.

Jan 12th

UTCA JOINT VENTURE BILL SIGNED INTO LAW

A UTCA-backed bill to let Joint Ventures bid on public works projects if each contractor has a Public Works Certificate was signed into law today by Governor Murphy.

The legislation was drafted at UTCA's request after a court upheld the rejection of a bid because the Joint Venture was not registered under the Public Works Contractor Registration Act.

Securing a Public Works Certificate can take weeks or months and thus, many New Jersey contractors could be unable to bid on important construction projects without this change in the law.

UTCA thanks Assemblymembers Clinton Calabrese, Robert Karabinchak, and Sterley Stanley and Senators John Burzichelli and Parker.

If you have any questions, please feel free to contact UTCA Director of Legislative Affairs Ryan Sharpe at (732) 292-4300 or via email here.

The guidance from the Division of Civil Rights which can be found here details how this new federal rule will impact New Jersey projects in both the pre-award and post-award stage.

If you have any questions, please feel free to contact UTCA Executive Director Dave Rible at (732) 292-4300 or via email here.

In June, the New Jersey State Senate unanimously approved the nomination of UTCA Executive Director David Rible to serve as a member of the New Jersey Transportation Trust Fund (TTF) Authority.

Rible will succeed current UTCA CEO Robert Briant Jr., completing the remainder of his term, which runs through 2028. UTCA extends its sincere thanks to Bobby for his many years of dedicated service on the TTF Authority.

The Transportation Trust Fund Authority is an independent state agency responsible for financing the capital programs of both the New Jersey Department of Transportation (NJDOT) and NJ Transit. In his new role, Rible will serve alongside the DOT Commissioner, the State Treasurer, and five public members.

Governor Phil Murphy nominated Rible in June, and his appointment was unanimously advanced by the Senate Judiciary Committee prior to today’s full Senate confirmation.

If you have any questions about this or any other matter, please contact our Director of Government Affairs, Ryan Sharpe at (732) 292-4300 or via email here.

“This resolution will no doubt impact New Jersey’s attempt to copy California’s ill-conceived EV mandate. While we appreciate the thought behind these mandates, UTCA has been saying for years that the infrastructure simply does not exist to make them a reality. Our contractors could not meet the EV requirements mandated for their construction vehicles. It was not a matter of effort or agreement. They literally could not meet the requirements as imposed on them.

“UTCA members stand ready, willing and able to build the necessary infrastructure on this issue. But without the proper investments from the state and federal government, we just aren’t there yet. Our hope is that President Trump’s action today will force a conversation in New Jersey about how we build the infrastructure needed to realistically put more electric vehicles on the road, and in a manner that doesn’t overburden New Jersey residents.”

About UTCA

UTCA of New Jersey is a non-profit trade association headquartered in Wall, New Jersey. UTCA represents approximately 1,000 memberfirms in the public and private sectors, active in all phases of heavy, highway, utility, and marine construction, as well as site work including remediation of brownfields and contaminated sites. For more information, log on to 

http://www.utcanj.org

 and follow on Twitter @UTCANJ.

It is important to note that due to the uncertainty surrounding ICE searches and seizures, it is recommended that all construction employers take certain steps to protect their construction site and offices

Please Click Here For UTCA-ICE Memo

ICE UTCA Presentation Based on Memo

If you have had an inquiry from ICE and would like to share please contact the UTCA office. If you have any questions at all as it pertains to ICE or the memo please contact Dave Rible directly HERE

The Senate Transportation Committee recently considered a measure which would establish a "weigh-in-motion" monitoring program to enforce vehicle weight restrictions near poorly rated bridges.

This could create many challenges for the industry, especially if the program enforced per-axle weight restrictions instead of gross vehicle weight limits. Such a change would reduce load size, thus increasing vehicle trips, and would make compliance very difficult. Moreover, it would likely result in additional fines for a variety of construction vehicles.

As such, UTCA worked with the bill sponsors to amend the measure to allow violations to be issued only for gross vehicle weigh violations and to allow a five percent tolerance.

Additional UTCA-requested amendments were also included to allow vehicles that have been cleared by a weigh-in-motion scale to bypass a standard weigh station and to clarify that an approved overweight vehicle following a DOT-directed route will not trigger an enforcement action.

UTCA commends the bill's sponsors, Senator Patrick Diegnan and Assemblyman Robert Karabinchak, for considering the concerns of the industry and working with UTCA's Director of Government Affairs, Ryan Sharpe to include these amendments.

If you have any questions on this or any other legislative issue, please reach out to Ryan Sharpe via email at ryan@utcanj.org or by calling (732) 292-4300

1: Need to be assembled in the United States

2: More than 55% of the components must be made in the United States

The FHWA plans to phase in these requirements on federal aid projects on or after October1, 2025.

The UTCA will continue to monitor any" Buy America" rule changes and will work with our industry partners to keep you updated.

Please Read The FHWA Message Here

If you have any questions please Email Dave Rible Here or contact him at the UTCA office 732-292-4300

UTCA fought for our contractors to reduce the cost of uniform traffic control rates by capping the administrative fees that counties and municipalities (local units) add on to the officer’s rate.

What did we achieve for our contractors?

The following criteria shall be considered when establishing administrative fee: Personnel, Administrative, Vehicle, Equipment and Other Costs.

• A cap on the amount of administrative fee that a local unit may charge per hour for the hiring of an off-duty officer. This includes the use of a vehicle and equipment. While calculating the administrative fee, the local unit has to use the hourly rate of the lowest paid employee who can perform such task. Administrative costs shall be limited to the scheduling of officers for off-duty employment, maintenance of time records, payroll processing and billing.

• The local unit must place into ordinance or resolution identifying the hourly rate for the officer and the administrative fee.

• The only costs a local unit may include for personnel-related costs are payroll taxes and any additional liability insurance, if required.

• For the use of a vehicle, the local unit can only charge for the cost of the vehicle going to and from the project. That cost will be determined as per the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The local unit can only charge the hourly rate and mileage as dictated by federal law.

• The local unit must establish a trust fund and, upon completion of the project, the local unit has up to 30 days to return any remaining balance in the trust fund to the contractor. Our contractors have complained that they do not receive the remaining balance due to them for up to 6 months.

• The local unit must, prior to the project, provide written notice to the contractor of the cost of the off-duty officer along with a breakdown of the administrative fee.

It’s important for you to alert your accounting departments of this new regulation as it is now in effect.

We are now reaching out to our contractors to see if you are having any issues with the DCA Local Finance Notice. We want to hear from you if you are not getting cooperation from counties and municipalities. If you could report any issues that you are experiencing as they relate to uniform traffic control to Dave Rible HERE.

All responses will be confidential. The UTCA never reveals the names of our contractors when making any inquiries on your behalf. DCA has assured me that they would work with us if there are any inconsistencies with the local finance notice.

Please Click Here For The Local Finance Notice

This NJDOT request is effective immediately.

Please Click Here For The Cover Sheet/ Check List Form

If you have any questions or need further guidance please contact GeorgeLobman Here or contact him at the UTCA 0ffice @ 732-292-4300

TRENTON – Kicking off Climate Week, Environmental Protection Commissioner Shawn M. LaTourette today announced the release of the final 2024 New Jersey Statewide Water Supply Plan, which for the first time assesses water supply challenges resulting from climate change and offers climate resilience solutions. Climate Week provides an opportunity for the public to learn about the many ways climate change is threatening the planet and the steps that can be taken to become more resilient and mitigate its impacts.

The water supply plan concludes that, under normal conditions and in most regions, New Jersey has adequate volumes of source water supply and is well-positioned to address water supply challenges as long as the state continues to take actions to mitigate the threats of climate change, aging infrastructure and emerging contaminants.

“The Statewide Water Supply Plan plays a critical role to inform local water supply management decisions by presenting the newest science to better prepare us for the challenges brought on by our changing climate,” said Commissioner LaTourette. “In addition to upgrading our aging infrastructure, a healthy water supply is dependent on constant reevaluation of how we can use water more efficiently to protect it for future generations.”

Consistent with the state’s comprehensive approach to making New Jersey resilient to the worsening impacts of climate change, the 2024 plan seeks to assess the threats of climate change to the state’s water supply. Of particular concern are temperature, precipitation, and sea-level changes, which will significantly impact water quantity, where and when it is available, and its quality. The plan also examines how emerging contaminants may impact water supply.

“New Jersey’s climate is changing. From increased temperatures to sea-level rise, these climate impacts can pose a threat to our water supplies if not properly addressed by proactive planning, management, and permitting,” said State Geologist Steven Domber. “By conducting comprehensive monitoring that factors in climate impacts such as increased temperatures, we can develop models and identify trends that will help local water users make informed decisions to ensure New Jerseyans have access to reliable and safe supplies of water now and in the future.”

A 60-day public comment period followed the release of the draft plan on February 26, 2024. The DEP then held two public meetings (one in-person and one virtual) and reviewed and incorporated comments from those meetings before finalizing the plan. Both the plan and a summary response to comment report are available at dep.nj.gov/water-supply-plan.

The DEP has also developed a new interactive website that outlines key information from the plan for specific audiences, including residential users, water professionals and others to summarize key plan topics, such as climate change and environmental justice. The website can be found at dep.nj.gov/water-supply-plan/storymap. The site will be updated as additional data and plan updates become available.

Water Supply Planning

The Water Supply Management Act (N.J.S.A. 58:1A-13) directs the DEP to prepare the New Jersey Statewide Water Supply Plan, analyze water supply data, examine associated risks, study projections, and make recommendations for effective management of the state’s water supplies.

The initial version of the plan was adopted in 1982 and updated in 1983, 1985, 1987, 1991, and 1993. Major revisions occurred in 1996 and 2017. The 2024 plan will be updated again in five years, but some aspects may be revised sooner.

The plan must carry out its assessments and recommendations from both statewide and regional perspectives to pursue comprehensive management addressing the diversity of water supply issues faced in different areas of New Jersey.

Drafted to align with the DEP’s related water regulations and policies, the plan provides guidance for state and regional groups making decisions concerning water supply. One of the primary goals of the plan is to put forward defined, actionable steps that the DEP can take to ensure water supplies are sufficient, in quality and quantity, to meet existing and future needs.

Water Supply Challenges Assessed

New Jersey has repeatedly faced a confluence of water resource challenges that have tested both infrastructure and responsiveness. Extremely low precipitation and streamflow in summer 2022 led the DEP to declare a Drought Watch, the first in more than six years. During the same period, aging infrastructure failed, resulting in massive water main breaks; water systems were required to address sources contaminated with per- and polyfluoroalkyl substances (PFAS), and harmful algal blooms were worsened by extremely warm temperatures. Additional challenges occurred in 2023, with four months experiencing near record temperatures and the state having its wettest December on record.

The combination of these challenges in 2022 and 2023 severely tested the resilience of New Jersey’s management of water resources. Such conditions are expected to persist or worsen in the future, requiring the DEP and its partner institutions to delicately balance the management of water resources by carefully administering planning, regulatory, investment and incident response initiatives.

Recommended Action Areas

The availability of surface water, unconfined groundwater, and confined aquifers, the use of which varies geographically, was modeled to investigate potential shortages. Although not evenly distributed throughout the state, total natural water resource availability (including reservoirs) remains about the same as the 2017 New Jersey Statewide Water Supply Plan determined. However, current and forecasted use did change, and a few regions showed potential shortages. The plan provides details and recommendations to address these areas.

To meet requirements and ensure that New Jerseyans continue to have ample, reliable, and safe supplies of water now and in the future, the following action areas are covered in the plan, with greater detail on each found in Chapter 8, and elsewhere throughout the plan:

• Hydrologic Data, Monitoring, Models, and Assessments: The availability of long-term and real-time hydrologic datasets are critical pieces of information the DEP uses to quantify trends, characterize current conditions, and to build and calibrate models. This information is used to ultimately make informed decisions and to update future water supply plans.
• Climate Change – Water Availability Research and Modeling: This plan and its recommendations benefit from the availability of sound and reliable climate change science. This science continues to evolve, and the DEP will remain committed to monitoring new developments, with a particularized focus on the regional and local impacts of climate change upon New Jersey and its natural resources. As new and additional climate change data becomes available, it will be utilized to improve DEP water supply models and monitoring methods to more effectively mitigate and manage climate change impacts to water resources.
• Climate Change – Infrastructure Resilience Recommendations: The DEP develops recommendations and establishes criteria to improve the resilience of water infrastructure and mitigate the adverse impacts of climate change upon the state’s water supply, including through actions to reform relevant DEP policies, protocols, statutes, or regulations pertaining to water infrastructure assessments and modifications.
• Regional and Statewide Water Supply Planning and Protection: Water supply planning is a critical element to ensure that the state continues to have adequate supplies of acceptable quality to meet all current and future needs, and to balance human uses with ecological needs. Regional and statewide planning is adaptive and evolves as new information becomes available or issues emerge. The plan prioritizes regions of New Jersey where future planning efforts should be focused.
• Water Policy Modernization: The DEP is obligated and empowered to improve and protect water supply resources and water system infrastructure to ensure water availability and the delivery of safe drinking water to homes and businesses. In some cases, the federal and state laws and regulations that give rise to these obligations are fit for modernization to better position the state and its water providers to confront new and evolving water supply challenges.
• Asset Management and Resilience: Maintenance and improvement of infrastructure is key to effective and successful water supply management, and critical to ensure the state has access to clean and plentiful drinking water. Proper asset management can reduce water incidents and emergencies, limit disruptions to customers, and reduce long-term costs.
• Policies and Priorities for Efficient Water Use: The plan identifies key policy priorities for the DEP as it continues to regularly re-evaluate new technologies and research to ensure the responsible and efficient use of the state’s water resources.
• Public Outreach: DEP is committed to continuing public education and engaging with people and communities it serves on key water supply issues and initiatives.

The DEP’s Our Water’s Worth It campaign works to draw attention to the importance of clean water in our lives, from drinking water to supporting vibrant ecosystems and health places for recreation. An important focus of the campaign is educating the public on reducing potential lead exposure in drinking water.

“On behalf of UTCA, we congratulate George Helmy on his appointment to the United State Senate. I worked with George both as an Assemblyman and as Executive Director of UTCA and he’s always been willing to hear the issues and listen to all sides. He also understands that infrastructure is one of the most important issues in our country, especially here in New Jersey. Even if this is temporary, George will still be a voice for the needs of our state and for much needed federal dollars. We look forward to working with him and stand ready to provide any assistance he needs.”

UTCA Executive Director David Rible

“If Bill Pascrell could be summed up in one word, that word would be fighter. He fought for New Jersey, he fought for his constituents, and he was among the biggest fighters for the Gateway project and funding to fix the Portal Bridge. He leaves behind an amazing legacy and big shoes to fill. Our condolences to his family, friends and the New Jersey residents he served for decades.”

UTCA Chief Executive Officer Robert Briant

“Bill Pascrell embodied what it meant to work day and night for what you believe in. From the streets of Paterson to halls of Congress, he delivered for the people he served. He also understood the value and need for modern, safe infrastructure and was always a leading, loud voice for federal dollars and putting people to work. This is a huge loss for our state.”

Heat legislation is well-meaning, but badly flawed | Opinion

Published: Aug. 25, 2024, 9:00 a.m.

By Dave Rible

The safety and protection of the thousands of men and women working in the construction industry is our greatest priority. Ensuring they can earn a living while not falling victim to any health hazards is what we do every day. We owe as much to our 1,100 plus members and their employees. That’s what makes proposed state legislation – S2422 – so concerning to us. It claims to protect workers when its many provisions would actually provide little that’s new in the way of safety, while possibly crippling the industry.

The bill in question would essentially force the agricultural, manufacturing, and construction industries to postpone all “nonessential” work any time the heat index rises above 80 degrees. At face value, that might sound reasonable. A deeper dive, however, reveals several flaws with the legislation.

First and foremost, there are significant differences between the agricultural, manufacturing, and construction industries as well as all other industries governed by the proposed legislation. Data from the Bureau of Labor Statistics shows that the transportation construction industry has reported few heat illnesses, injuries or fatalities over the past decade. More specifically, the BLS reported only three fatalities over a ten-year period from 2011-2020 for Highway, Street and Bridge construction workers; all of these occurred in 2015.

This is not by accident, as our members and contractors in the transportation construction industry have been actively working to protect their personnel from the effects of extreme heat, even before the implementation of OSHA rules or any State standard in New Jersey. They have done this by developing heat illness prevention policies.

It makes little sense to disrupt these strategies by imposing a one-size-fits-all, indiscriminate mandate. Given the success of our industry in controlling such injuries for its workers, we believe that any legislation that is implemented to protect workers from heat hazards should be outcome based, and not prescriptive in nature, so as not to unintentionally negate some of the effective practices currently in use.

The one-size-fits-all approach is not the only shortcoming of the legislation. The proposed 80-degree standard would greatly limit utility and transportation contractors from performing their work. In 2023, every single day in July had a high temperature in excess of 80 degrees. Half of the days in June and 20 days in August experienced temperatures in excess of 80 degrees. Under this bill, contractors would be forced to postpone all “nonessential” tasks for weeks (if not months) at a time. Such a requirement would greatly delay important construction projects, including public infrastructure, roadways, and utility projects.

Other states, including California and Washington to name a few, employ higher heat indexes than 80 degrees. This is with good reason. The National Weather Service (NWS) does not initiate alert procedures unless the Heat Index reaches 105 degrees for at least two consecutive days. While no one would argue that 80 degrees is cool weather, it is barely higher than what the U.S. Department of Energy recommends setting home and business thermostats to during warmweather months.

The 80-degree threshold itself is misleading. Take the example of hot mix asphalt, which is usually between 275 and 300 degrees Fahrenheit when it is delivered to the jobsite and must be applied before it cools down significantly. Thus, even if the heat index is below 80 degrees, if contractors are monitoring environmental heat during this work as required by the proposed bill, the temperature will almost always be higher than 80 degrees due to the ambient temperature of the asphalt.

Further complicating matters, the term “non-essential” is not defined in the bill. Arguably, all work performed by our members would be “essential” work. In fact, in April 2020, Governor Murphy signed Executive Order #122 during the COVID pandemic allowing construction workers to be “essential” employees. If during the pandemic, our contractors were deemed “essential” and were found to be responsible by the Governor to prevent the spread of COVID on job sites, shouldn’t they also be deemed responsible to keep their employees safe from heat exhaustion without it putting in danger the state’s infrastructure projects?

We have no question that this legislation is well intentioned. We also have no doubt that our members do everything they can to protect their construction workers. That is why the construction industry should be exempt from this legislation. It adds little to the protections our members already have in place but does much to harm New Jersey’s ability to maintain and upgrade our infrastructure.

David Rible is Executive Director of the Utility and Transportation Contractors Association of New Jersey.