LEGISLATIVE FISCAL ESTIMATE

SENATE, No. 2148

STATE OF NEW JERSEY

222nd LEGISLATURE

 

DATED: JUNE 29, 2026

 

 

SUMMARY

 

Synopsis:

"General Contractor Licensing Act;" provides for licensure of general contractors.

Type of Impact:

Annual State revenue and expenditure increases.

Agencies Affected:

Department of Law and Public Safety.

 

 

Office of Legislative Services Estimate

Annual Fiscal Impact

 

 

Annual State Expenditure Increase

Indeterminate

 

Annual State Revenue Increase

Indeterminate

 

 

·         The Office of Legislative Services (OLS) finds that the establishment of the New Jersey State Board of General Contractors will result in indeterminate annual expenditures for the State associated with the licensure and regulation of general contractors, including the cost of establishing and operating the new nine-member board, establishing and administering biannual exams, and performing other administrative responsibilities under the bill.

·         An indeterminate amount of additional annual State revenue will accrue from fee payments for the new general contractor licenses (valid for three years), as well as from indeterminate fines and penalty payments from violators of statutory and regulatory requirements applicable to the newly licensed profession. The bill requires that licensure fees remain flexible to ensure that expenditures related to licensure and oversight are sufficient to pay the board’s expenses, yet do not generate excess revenues.

 

 

BILL DESCRIPTION

 

      This bill establishes the New Jersey State Board of General Contractors to regulate the general contracting profession by requiring licensure by the board.

      A general contractor is as an individual or business that is classified as one of the following trades by the Division of Property Management and Construction in the Department of the Treasury: construction manager as constructor (006), design build (007), general construction (008), or general construction alterations and additions (009).

      The board is to consist of nine members and is required to: establish the standards required for licensure; review the qualifications of individuals who apply for licensure; ensure the proper conduct and standards of examination; renew, suspend, or revoke licenses; prescribe or change fees for examination or licensure; and maintain a record of all licensed general contractors.  No person may hold themselves out as a general contractor without being licensed. 

      Under the bill, to be eligible as a general contractor, a person is required to: (1) be at least 18 years of age; (2) have completed a program accredited by a regional accreditation agency recognized by the United States Department of Education leading to a degree in construction or project management or an apprenticeship program in a building or construction trade accredited and approved by the United States Department of Labor, the New Jersey Department of Labor and Workforce Development, or affiliated unions; (3) possess certain field experience; and (4) have successfully passed an examination in general contracting prepared by or approved by the board.  The examination is to be held in the State at least two times a year at a time and place determined by the board.  The board may also arrange for reasonably required physical accommodations and facilities to conduct examinations.  The board is also permitted to establish standards and procedures to provide that the examination be offered via the Internet.  Additionally, a study guide for the examination is to be created by the board.

     Individuals who have at least 10 years of experience performing general contracting services prior to the effective date of this bill and who, during that time, have not declared bankruptcy or altered the name of a business to deceive other parties regarding an interest in or ownership of a previous business, are exempt from these education and examination requirements, as are individuals with a license, certification, or registration issued by the State in a closely allied profession, which includes commercial general contracting.  Additionally, individuals who can demonstrate completion of five years of field experience prior to the effective date of the bill and that was performed under the supervision of a general contractor with at least 10 years of experience completed prior to the effective date of the bill will also qualify for licensure upon passage of the examination required of the bill.

     Licenses issued by the board are to be renewed every three years.  Fees for licensure are to be determined by the board and established by regulation.  Fees shall be established, prescribed to the extent necessary to defray all proper expenses incurred by the board and any staff employed to administer the provisions of this act but shall not be fixed at an amount that will raise revenue in excess of the amount estimated to be so required.  The board is required to promulgate rules and regulations for implementing continuing education requirements as a condition of licensure renewal, which are to include the subject matter and content of courses of study.  Once a license is issued, the licensee is to have the license readily available at the work site where general contracting services are being performed.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that the establishment of the New Jersey State Board of General Contractors will result in indeterminate annual operating expenditures for the State associated with the licensure and regulation of general contractors, including the cost of establishing and operating the new nine-member board and establishing and administering biannual exams.

      Under current law, members of professional boards are generally compensated on a per diem basis in the amount of $25, or another amount determined by the Office of the Attorney General with the approval of the Department of the Treasury that does not exceed $100 per diem, or $2,500 annually. The OLS, however, cannot determine the potential magnitude of board expenditures due to uncertainty regarding the number of professionals who will be regulated and the operational decisions the board will make to implement the bill.

      The bill will increase annual State revenue collections from licensure and renewal fees, fines, and penalties by indeterminate amounts.  The OLS cannot quantify the fee payments the board will collect from the licensing and renewal requirements because the bill leaves the setting of specific fee levels to the board’s discretion and the number of future licensees and renewals is unknown. The bill does require the licensure fees to remain flexible to ensure that expenditures related to the licensure and oversight are sufficient to pay the board’s expenses, yet do not generate excess revenues.

      The OLS anticipates that the State may annually collect indeterminate fines and penalty payments from violators of statutory and regulatory requirements applicable to the newly licensed profession.  The OLS has no information on which to base an estimate of the number and magnitude of future civil penalty assessments and payments.

 

Section:

Law and Public Safety

Analyst:

Kristin Brunner Santos

Lead Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).