New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill A3611

Introduced
1/13/26  
Refer
1/13/26  
Failed
1/13/26  

Caption

Requires payment of prevailing wage for certain data center construction.

Summary

A3611 would require prevailing wage to be paid on certain data center construction projects in New Jersey. The bill applies to construction, reconstruction, demolition, alteration, custom fabrication, or repair work on facilities primarily used for computer servers and related equipment when the project is designed to use at least five megawatts of electricity annually after construction. Beyond wage requirements, the bill sets a detailed set of contractor eligibility and compliance rules for covered projects. Contractors would need to be registered public works contractors, not debarred, submit certified payroll, comply with IRS worker-classification rules, maintain specified insurance and bonding, and meet safety, training, recordkeeping, and drug-testing requirements. The bill also limits temporary labor use to workers in approved apprenticeship programs and makes contractors jointly liable for subcontractor wage violations. For larger projects designed to use 25 megawatts or more, the bill allows a project labor agreement if the project is determined to advance community interests in areas such as energy, quality, safety, timeliness, and workforce skill.

Impact

The bill would supplement New Jersey’s prevailing wage law by extending it to a defined category of private data center projects above a five-megawatt threshold. It would also add new statutory obligations for contractors and subcontractors on those projects, including registration, payroll reporting, insurance, bonding, apprenticeship-related labor restrictions, safety documentation, and joint liability for unpaid wages. The Department of Labor and Workforce Development would be responsible for implementing rules and enforcing the prevailing wage framework as applied to these projects.

Sentiment

Based on the bill text and the absence of recorded committee testimony or votes, the available context suggests the measure is framed as a labor-standards and worker-protection bill rather than a controversial policy proposal in the record provided. Its structure indicates support for higher wage and safety standards on large data center projects, with an emphasis on compliance and workforce quality. No formal vote history or hearing transcript is available here to show organized support or opposition.

Contention

The main points of potential contention are the bill’s cost and compliance burdens on data center developers and contractors, including prevailing wage, extensive insurance and bonding requirements, drug testing, apprenticeship restrictions on temporary labor, and joint liability for subcontractor wage violations. Labor organizations and prevailing-wage advocates would likely support these provisions as protections for workers and incentives for skilled labor, while construction and development interests may object to the added project costs and administrative requirements. The optional project labor agreement provision for very large projects could also be a point of debate between labor supporters and opponents of mandated labor arrangements.

Companion Bills

NJ S4928

Carry Over Requires payment of prevailing wage for certain data center construction.

NJ A6237

Carry Over Requires payment of prevailing wage for certain data center construction.

Similar Bills

No similar bills found.