reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.7 - Monitoring by the Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority will be responsible for monitoring compliance with this subchapter.
				  The Authority staff will be responsible to review contractor performance for
				  compliance with this subchapter. The prime contractor, as designated by the
				  project owner/applicant or landlord not exempted by
				  19:30-3.4, will be required to
				  submit to the Authority the documents in (a)1 through 4 below. The required
				  forms are available for download at:
www.njeda.com/affirmativeaction
.
1. An NJEDA Addendum to Construction Contract
				  that has been signed by each contractor and subcontractor and, where
				  applicable, the project owner/applicant;
2. An NJEDA initial project workforce
				  report;
3. An NJEDA monthly project
				  workforce report; and
4. At
				  approximately 90 percent completion of a construction contract, an NJEDA
				  Affirmative Action completion certificate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.9 - Chief Executive Officer to enforce regulations

Current through Register Vol. 56, No. 14, July 15, 2024
The Chief Executive Officer may require applicants for
					 Authority financial assistance to make such additional representations to the
					 Authority and to enter into such covenants and agreements with the Authority as
					 are necessary to carry out the purposes of this subchapter, including requiring
					 such applicant to require by contract any landlord not exempted by
					 19:30-3.4 to comply with this
					 subchapter. The Chief Executive Officer shall take such steps as are necessary
					 to ensure compliance with this subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 4 - PAYMENT OF PREVAILING WAGES IN AUTHORITY PROJECTS › Section 19:30-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
"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.
					 1999, c. 26
					 (34:1B-124 et seq.), that enables
					 the entity to engage in a construction contract.
"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
					 19:30-4.2.
"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.
"Prevailing wage rate" means the prevailing wage rate
					 established by the Commissioner of New Jersey Department of Labor and Workforce
					 Development from time to time in accordance with the provisions of
					 34:11-56.2 5 et seq. for the
					 locality in which the project is located.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 4 - PAYMENT OF PREVAILING WAGES IN AUTHORITY PROJECTS › Section 19:30-4.2 - Payments of prevailing wages in projects receiving assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Not less
				  than the prevailing wage rate shall be paid to workers employed in the
				  performance of any construction contract, including contracts for millwork
				  fabrication, undertaken in connection with Authority financial assistance or
				  any of its projects, those projects which it undertakes pursuant to
				  P.L.
				  2002, c. 43 (N.J.S.A.
				  52:27BBB-1 et seq.), or undertaken to fulfill any condition of receiving
				  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 the work
				  performed under the contract is:
1. Performed
				  on a facility owned by a landlord of the entity receiving the
				  assistance;
2. The landlord is a
				  party to a construction contract(s); and
3. Less than 55 percent of the facility is
				  leased by the entity at the time of the contract and under any agreement to
				  subsequently lease the facility.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 4 - PAYMENT OF PREVAILING WAGES IN AUTHORITY PROJECTS › Section 19:30-4.3 - Assurances required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recipients
				  of Authority financial assistance for construction contracts shall deliver an
				  NJEDA affirmative action completion certificate to the Authority (or designated
				  agent for the Authority), upon completion of the contract, signed by an
				  authorized representative of the recipient, representing and confirming that:
1. It has complied and has caused its
				  landlord, if applicable, contractors and subcontractors to comply with the
				  requirements of
				  19:30-4.2; or
2. It has not entered into any construction
				  contracts subject to the provisions of
				  19:30-4.2(a)  and
				  its landlord has not entered in any contracts pursuant to
				  19:30-4.2(a).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 4 - PAYMENT OF PREVAILING WAGES IN AUTHORITY PROJECTS › Section 19:30-4.4 - Contract provisions required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				  construction contracts in the amount of $ 2,000 or more shall require that:
1. Prime contractors maintain and submit
				  certified payroll records to the Authority; or
2. Contractors and subcontractors:
i. Permit the Authority, or its designated
				  agent, complete access to payroll records and other records for purposes of
				  determining compliance with the provisions of this subchapter; and
ii. Keep accurate records showing the name,
				  craft or trade, and actual hourly rate of wages paid to each worker employed in
				  connection with the performance of the contract and to preserve such records
				  for two years from the date of payment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 4 - PAYMENT OF PREVAILING WAGES IN AUTHORITY PROJECTS › Section 19:30-4.5 - Violation

Current through Register Vol. 56, No. 14, July 15, 2024
A violation of the provisions of this subchapter shall be
					 deemed a violation of
					 34:11-56.2 5 et seq. and
					 12:60-5.1, and the Internal
					 Process Management unit in the EDA shall refer the determination of violation
					 proceeding to the Authority unit that administers the Authority financial
					 assistance to determine if the commitment to, or offer of, Authority financial
					 assistance should be withdrawn, terminated and/or repaid.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 5 - TARGETING OF AUTHORITY ASSISTANCE › Section 19:30-5.1 - Priority consideration of projects in economically distressed localities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to
				  Federal tax law compliance and certain other legal restraints, any project
				  located anywhere in the State of New Jersey may qualify for assistance from the
				  Authority if it meets certain economic needs. Nevertheless, the Authority
				  recognizes the special needs of certain municipalities and, accordingly,
				  affords them priority consideration in offering its assistance. Such
				  municipalities are eligible locations for a period of one year or
				  longer.
(b) Qualification under
				  this subchapter is not tantamount to project approval; it merely identifies
				  certain municipalities for priority consideration. Projects must meet
				  eligibility standards set forth in N.J.A.C. 19:31.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 5 - TARGETING OF AUTHORITY ASSISTANCE › Section 19:30-5.2 - Municipalities eligible for priority consideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Municipalities meeting either of the following criteria are considered eligible
				  locations:
1. Constituting a "qualifying
				  municipality" as defined in
				  52:27D-178, which designates
				  certain municipalities as "New Jersey Urban Aid Municipalities" based on a
				  formula including, but not limited to:
i. At
				  least one publicly financed dwelling unit for low income families in
				  municipalities with populations in excess of 15,000;
ii. The number of children receiving "Aid to
				  Dependent Children" exceeds 250;
iii. The municipality's equalized tax rate
				  exceeds the State equalized tax rate; and
iv. The municipality's equalized valuation
				  per capita is less than the State equalized valuation per capita.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 5 - TARGETING OF AUTHORITY ASSISTANCE › Section 19:30-5.3 - Special eligibility list

Current through Register Vol. 56, No. 14, July 15, 2024
The Chief Executive Officer shall, from time to time,
					 establish a list of municipalities and activities by Standard Industrial
					 Classification Number, eligible for Authority assistance, not withstanding the
					 requirements of
					 19:30-5.2 and 19:31, based on the
					 Authority's objectives as indicated in
					 19:30-1.1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 6 - FEES › Section 19:30-6.1 - Application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise established in
				  accordance with
				  N.J.A.C.
				  19:30-6.1A, a non-refundable fee of $ 1,000
				  shall accompany every application for Authority assistance, except for:
1. An application under the Edison Innovation
				  Angel Growth Fund, the Edison Innovation VC Growth Fund, and the Edison
				  Innovation Growth Stars Fund, for which the fee is $ 2,500;
2. An application for assistance under the
				  Small Business Fund and the New Jersey Local Development Financing Fund Act,
				  N.J.S.A.
				  34:1B-47 et seq., for which the fee is $
				  300.00; and
3. An application for
				  assistance under the Real Estate Impact Fund, for which the fee is $
				  2,500.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 6 - FEES › Section 19:30-6.1A - General fee applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Except as otherwise provided at (b) below, applicants for Authority assistance
				  shall be subject to a fee in accordance with:
1. The applicable fees specifically adopted
				  through a rulemaking for the administration of a program or initiative;
				  or
2. The generally applicable fee
				  established in accordance with this subchapter, unless otherwise established by
				  law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 6 - FEES › Section 19:30-6.2 - Commitment fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A non-refundable commitment fee of .875
				  percent of a direct loan amount is charged with the acceptance by an applicant
				  of a direct loan commitment from the Authority, except for any other financing
				  under the Premier Lenders Program, wherein a non-refundable commitment fee of $
				  750.00 shall be charged with the acceptance by an applicant.
(b) A non-refundable fee of .75 percent of
				  the loan amount is charged with the acceptance by an applicant of a direct loan
				  commitment under the Edison Innovation Angel Growth Fund, the Edison Innovation
				  VC Growth Fund, and the Edison Innovation Growth Stars Fund.
(c) A non-refundable fee of .5 percent of the
				  loan or guarantee amount is charged with the acceptance by an applicant of a
				  direct loan or guarantee commitment under the Small Business Fund.
(d) A non-refundable fee of one-half of one
				  percent of the total amount of a direct loan or $ 100.00, whichever is greater,
				  is charged upon the signing of a commitment letter for a direct loan through
				  funding provided under
				  N.J.S.A.
				  34:1B-47 et seq.
(e) A non-refundable commitment fee of.875
				  percent of the loan amount is charged with the acceptance by an applicant of
				  any direct loan commitment other than as described at (a), (b), (c), or (d)
				  above.
(f) A non-refundable
				  extension fee of $ 750.00, per extension requested by the borrower or
				  applicant, shall be charged for the granting of an extension of the commitment
				  letter or of conditions required in an approval letter beyond the original
				  expiration date.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 6 - FEES › Section 19:30-6.3 - Bond closing fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (a)1 below, for
				  Authority-issued bonds, the fee to be paid at closing is one-half of one
				  percent of the amount of the bond issue up to and including $ 15,000,000;
				  three-eighths of one percent of the amount in excess of the next $ 10,000,000;
				  and one-half of one percent of the bond amount in excess of $ 25,000,000.
1. The fee to be paid at closing for
				  Authority-issued bonds which benefit not-for-profit corporations, as defined by
				  the Internal Revenue Code, and governmental bodies shall be one-half of one
				  percent of the amount of the bond issue, up to and including $ 10,000,000 and
				  one-quarter of one percent of the amount in excess of $ 10,000,000.
2. The fee to be paid at closing for
				  Authority-issued empowerment zone bonds which benefit a project located either
				  in a Federal empowerment zone or enterprise zone community as those terms are
				  defined by the Internal Revenue Code, shall be one-half of the standard bond
				  closing fee as set forth in (a) above.
3. In all instances, except for conduit bond
				  transactions that support multi-jurisdictional, interstate projects, the fees
				  due and payable for conduit bond transactions shall not exceed $
				  300,000.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 6 - FEES › Section 19:30-6.5 - Sign display

Current through Register Vol. 56, No. 14, July 15, 2024
Applicants requesting financial assistance from the
					 Authority, where part of the project consists of construction or renovation
					 will be provided a sign upon granting of approval by the Members, which is to
					 be visibly erected at the project site indicating that the financing was made
					 available through the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 6 - FEES › Section 19:30-6.7 - Fee waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Executive Officer may, with the
				  approval of the members of the Board, waive certain fees upon demonstration by
				  an applicant that the imposition of the fee(s) would impose an undue financial
				  hardship.
(b) The members may adopt
				  criteria for the waiving of fees in an open public meeting and delegate
				  authority to the Chief Executive Officer for approving fee waivers under those
				  criteria. The criteria may include, but are not limited to, the nature of the
				  applicant or whether the fee presents an undue financial hardship for the
				  applicant.
(c) The members may
				  delegate to the Chief Executive Officer, who may further delegate authority to
				  waive a loan commitment extension fee; or authority to waive late fees when the
				  cause for the late fee is beyond the control of the borrower.
(d) The Chief Executive Officer, with the
				  approval of the members, may waive, postpone, or decrease fees for municipal
				  governmental agency(s), State agency projects, or transactions that support
				  multi-jurisdictional, interstate projects. In the case of State agency
				  projects, such waiver, postponement, or decrease shall be in accordance with
				  the directives of the State Treasurer regarding the specific State agency
				  projects.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 7 - DISABILITY DISCRIMINATION COMPLAINT PROCEDURE › Section 19:30-7.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
"ADA" means the Americans with Disabilities Act,
					 42 U.S.C. §
											12101 et seq.
"Authority" means the New Jersey Economic Development
					 Authority.
"Designated decision maker" means the Chief Executive
					 Officer of the Authority or his or her designee.
"Disability" means, with respect to an individual, a
					 physical or mental impairment that substantially limits one or more of the
					 major life activities of such individual; a record of such impairment; or being
					 regarded as having such impairment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 7 - DISABILITY DISCRIMINATION COMPLAINT PROCEDURE › Section 19:30-7.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules
				  are adopted by the Authority in satisfaction of the requirements of the ADA and
				  regulations promulgated pursuant thereto,
				  28
				  C.F.R. 35.107.
(b) The purpose of these rules is to
				  establish a designated coordinator whose duties shall include assuring that the
				  Authority complies with and carries out its responsibilities under the ADA.
				  Those duties shall also include the investigation of any complaint filed with
				  the Authority pursuant to N.J.A.C. 19:30-7.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 7 - DISABILITY DISCRIMINATION COMPLAINT PROCEDURE › Section 19:30-7.4 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  designated coordinator of ADA compliance and complaint investigation for the
				  Authority is:
ADA Coordinator
New Jersey Economic Development Authority
PO Box 990
Trenton, New Jersey 08625-0990
(609) 292-1800
(b) All inquiries regarding the Authority's
				  compliance with the ADA and the availability of accommodation which would allow
				  a qualified individual with a disability to receive services or participate in
				  a program or activity provided by the Authority should be directed to the
				  designated coordinator identified in (a) above.
(c) All complaints alleging that the
				  Authority has failed to comply with or has acted in a way that is prohibited by
				  the ADA should be directed to the designated ADA coordinator identified in this
				  section, in accordance with the procedures set forth in
				  19:30-7.5.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 7 - DISABILITY DISCRIMINATION COMPLAINT PROCEDURE › Section 19:30-7.5 - Complaint procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A complaint alleging that the Authority has failed to
					 comply with the ADA or has acted in a way that is prohibited by the ADA shall
					 be submitted either in writing or orally to the designated ADA coordinator
					 identified in
					 19:30-7.4(a).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 7 - DISABILITY DISCRIMINATION COMPLAINT PROCEDURE › Section 19:30-7.6 - Complaint contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A complaint
				  submitted pursuant to this subchapter may be submitted in or on the form set
				  forth at 19:30-7.7.
(b) A complaint submitted pursuant to this
				  subchapter shall include the following information:
1. The name of the complainant, and/or
				  alternate contact person designated by the complainant to receive communication
				  or provide information for the complainant;
2. The address and telephone number of the
				  complainant or alternate contact person; and
3. A description of manner in which the ADA
				  has not been complied with or has been violated, including times and locations
				  of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 7 - DISABILITY DISCRIMINATION COMPLAINT PROCEDURE › Section 19:30-7.7 - Complaint form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a
					 complaint pursuant to this subchapter:
Americans with Disabilities Act Complaint Form
Date: .........
Name of complainant:
.....................................................................
Address of complainant:
.....................................................................
.....................................................................
Telephone number of complainant:
.....................................................................
.....................................................................
Disability of complainant:
.....................................................................
.....................................................................
Name, address and telephone number of alternate contact
					 person (if applicable):
.....................................................................
.....................................................................
Incident or barrier:
Please describe the particular way in which you believe you
					 have been denied the benefits of any service, program or activity or have
					 otherwise been subject to discrimination. Please specify dates, times and
					 places of incidents, and names and/or positions of Authority employees
					 involved, if any, as well as names, addresses and telephone numbers of any
					 witnesses to any such incident.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Proposed access or accommodation:
If you wish to describe the way in which you feel access
					 may be had to the benefits described above, or what accommodation could be
					 provided to allow access.
.....................................................................
.....................................................................
.....................................................................
A copy of the above form may be obtained by contacting the
					 designated ADA coordinator identified at
					 19:30-7.4(a).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 7 - DISABILITY DISCRIMINATION COMPLAINT PROCEDURE › Section 19:30-7.8 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt
				  of a complaint submitted pursuant to this subchapter, the designated ADA
				  coordinator will notify the complainant of the receipt of the complaint and the
				  initiation of an investigation into the matter. The designated ADA coordinator
				  will also indicate a date by which it is expected that the investigation will
				  be completed, which date shall not be later than 45 days from the date of
				  receipt of the complaint, unless a later date is agreed to by the
				  complainant.
(b) Upon completion of
				  the investigation, the designated ADA coordinator shall prepare a report for
				  review by the Designated Decision Maker for the Authority. The Designated
				  Decision Maker shall render a written decision within 45 days of receipt of the
				  complaint, unless a later date is agreed to by the complainant, which decision
				  shall be transmitted to the complainant and/or the alternate contact person if
				  so designated by the complainant.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 8 - PROFESSIONAL SERVICES CONTRACTS › Section 19:30-8.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply only to
					 contracts for architectural engineering and land surveying services that
					 involve development and construction of projects which are in excess of $25,000
					 and subject to the procurement provisions of
					 52:34-9.1 et seq. Nothing in this
					 subchapter shall preclude the Authority from using procurement processes other
					 than those prescribed herein if those processes have been approved by the
					 Federal government or other State statute or if an emergency has been declared
					 by the Chief Executive Officer of the New Jersey Economic Development
					 Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 8 - PROFESSIONAL SERVICES CONTRACTS › Section 19:30-8.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
"Authority" means the New Jersey Economic Development
					 Authority.
"Compensation" means the basis of payment by an agency for
					 professional architectural, engineering or land surveying services.
"Professional architectural, engineering and land surveying
					 services" means those services, including planning, environmental, and
					 construction inspection services required for the development and construction
					 of projects, within the scope of the practice of architecture, professional
					 engineering or professional land surveying as defined by the laws of this State
					 or those performed by an architect, professional engineer or professional land
					 surveyor in connection with his or her other professional employment
					 practice.
"Professional firm" means any individual, firm,
					 partnership, corporation, association or other legal entity permitted by law to
					 provide professional architectural, engineering, or land surveying services in
					 this State.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 8 - PROFESSIONAL SERVICES CONTRACTS › Section 19:30-8.3 - Criteria for the selection of the most highly qualified professional firms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				  solicitation of proposals or expressions of interest pertaining to the
				  procurement of professional architectural, engineering or land surveying
				  services for the development and construction of projects, the Authority shall
				  publicly advertise its needs for such services. The advertisement shall conform
				  to the requirements of
				  52:34-12(a) and
				  (b), or be publicly advertised through
				  electronic means. The advertisement shall either include a statement of the
				  criteria by which the Authority shall evaluate the technical qualifications of
				  professional firms and determine the order of preference to be used in
				  designating the firms most highly qualified to perform the services or identify
				  such criteria by reference to the provisions of this chapter.
(b) In selecting the most highly qualified
				  professional firms with which to contract for architectural, engineering or
				  land surveying services, the Authority, where applicable, shall consider the
				  following criteria:
1. The experience and
				  qualifications of the firm and designated project team in providing similar
				  services;
2. The experience of the
				  firm and designated project team on projects of similar size and
				  complexity;
3. The experience and
				  capability of the firm and designated project team with respect to any special
				  technologies, techniques, or expertise the project may require;
4. The past performance of the firm;
				  and
5. Any other criteria specified
				  in the Authority's public advertisement of the project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.1 - Program description

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority is empowered to issue tax-exempt and taxable bonds, the proceeds of
				  which can be used to provide low-interest loans to businesses, governmental
				  entities and certain nonprofit organizations to finance projects which provide
				  or maintain employment and/or tax ratables.
(b) Most bond financings are not guaranteed
				  by the Authority or the State, and are payable solely from revenues generated
				  by the project being financed.
(c)
				  The general credit of neither the Authority nor the State is pledged to secure
				  the bonds.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.2 - Bond purchaser

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  applicant shall secure a written commitment from a bond purchaser.
(b) A bond purchaser shall be:
1. A commercial bank or other institutional
				  lender;
2. An underwriter or
				  placement agent;
3. A privately
				  owned entity; or
4. An
				  individual.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.3 - Bond financing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Typically,
				  the bonds are secured by a loan agreement and a mortgage on project
				  assets.
(b) The funds raised by the
				  bond issue are loaned by the Authority to pay for eligible project costs. The
				  borrower signs an agreement with the Authority pledging to make payments
				  sufficient to cover principal and interest on the bond. This agreement is then
				  assigned to the bond purchaser.
(c)
				  The borrower makes payments directly to the bond purchaser or trustee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.4 - Eligibility standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Generally,
				  to be eligible for bond financing:
1. A
				  project must serve a public purpose; that is, maintain or expand employment in
				  New Jersey, assist in the economic development or redevelopment of a
				  municipality, maintain or increase the tax base of the municipality, and
				  maintain or diversify business and industry in the State; and
2. Applicants must represent to the Authority
				  that they would not proceed with their project in the present time, place, or
				  scope without the Authority's assistance.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.5 - Application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  prospective applicant should consult with the Authority to determine if the
				  project is eligible.
(b) To apply,
				  a completed Application for Financial Assistance (Application) concerning the
				  project shall be submitted to the Authority for review, together with the
				  Application fee.
(c) The
				  Application includes requests for information about:
1. The applicant's business, including
				  financial statements and projections;
2. The project to be undertaken;
3. The officers, directors, partners, owners
				  and stockholders of the applicant;
4. Litigation involving the
				  applicant;
5. Other users of the
				  project, if applicable;
6.
				  Municipal approvals, if applicable;
7. Contractors, subcontractors, architects,
				  engineers, and planners who will work on the project, if known;
8. Equipment to be purchased as part of the
				  project; and
9. The relocation of
				  any part of the applicant's or user's business, if applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.6 - Bond counsel review and fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority is represented in bond transactions by bond counsel, a private law
				  firm with particular experience and expertise in this specialized area of law.
				  The bond counsel firm:
1. Reviews
				  Applications to determine eligibility under Federal and State law;
2. Assists the Authority in drafting the
				  necessary resolutions to be adopted concerning projects;
3. Publishes notice of public
				  hearing;
4. Drafts financing
				  documents to be used in the transaction;
5. Prepares certain Federal forms for filing
				  with the IRS relating to bond financing;
6. Delivers an opinion at the settlement of
				  the transaction indicating, among other things:
i. The project qualifies for Authority
				  assistance;
ii. The Authority has
				  taken all necessary steps to accomplish the transaction; and
iii. The interest income to be earned on the
				  Authority bonds issued for the project is exempt from most Federal and/or State
				  income taxes.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.7 - Approval process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only the
				  Members acting at a duly constituted public meeting can authorize or approve
				  assistance to a project. These public meetings will satisfy the requirements
				  for public hearings in accordance with the IRC. The Authority staff is not
				  empowered to authorize or approve such assistance.
(b) The following approvals are required:
1. A preliminary resolution prepared by bond
				  counsel making certain affirmative findings and determinations concerning the
				  eligibility for assistance.
i. Such official
				  action permits an applicant to begin making expenditures on the project without
				  jeopardizing the tax-free eligibility.
ii. If an applicant makes substantial
				  expenditures on a project prior to such official action, the expenditures may
				  not be eligible for tax-free financing. The applicant should consult with bond
				  counsel for advice as to how the IRC applies to expenditures.
iii. A preliminary approval is not by itself
				  sufficient authorization to permit the issuance of bonds;
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.8 - Attorney General review

Current through Register Vol. 56, No. 14, July 15, 2024
All financing documents, including the Application, are
					 subject to review by the Attorney General.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31 - BOND FINANCING PROGRAM › Subchapter 1 - BOND FINANCING PROGRAM › Section 19:31-1.9 - Post-closing review

Current through Register Vol. 56, No. 14, July 15, 2024
The loan agreement executed with the Authority includes
					 certain public purpose covenants and obligations that must be observed by the
					 applicant during the term of the financing. Failure to comply with these
					 covenants and obligations may result in cancellation of the bond by the
					 Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31A - LOAN GUARANTEE PROGRAMS › Subchapter 1 - LOAN GUARANTEE PROGRAMS › Section 19:31A-1.1 - Program description

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority is empowered to guarantee a
				  portion of the principal amount of a financing which would increase or maintain
				  employment and/or tax ratables in New Jersey, and which would not be made
				  without the guarantee.
(b) The
				  Authority is empowered to own and lease equipment and/or real estate to
				  eligible applicants.
(c) There are
				  four types of guarantees available: Fixed Asset Guarantees, Working Capital
				  Guarantees, Special Guarantees, and Smart Growth Pre-Development Guarantees.
1. Pursuant to the Fixed Assets Guarantee
				  program:
i. The Authority may guarantee the
				  lesser of $ 2.0 million or 90 percent of the principal amount of the
				  financing.
ii. The financing can
				  either be:
(1) A taxable or tax-exempt
				  Authority-issued bond financing (see N.J.A.C. 19:31); or
(2) Any other form of financing other than as
				  stated at (b)1ii(1) above, including, but not limited to, bank loans, lease
				  financing, seller take-back financing, Federal take-back financing and
				  financings described at (b)3ii(1) and (2) below ("conventional
				  financing");
iii.
				  Proceeds of guaranteed conventional financing can be used for the acquisition
				  of land, buildings, machinery and equipment, the expansion of an existing
				  building or the renovation of machinery, equipment, and buildings;
				  and
iv. Use of the proceeds of
				  tax-exempt bond financing is governed by the Internal Revenue Code.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31A - LOAN GUARANTEE PROGRAMS › Subchapter 1 - LOAN GUARANTEE PROGRAMS › Section 19:31A-1.2 - Eligibility standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Generally,
				  preference for guarantees is given to projects which:
1. Are job intensive;
2. Will create or maintain tax
				  ratables;
3. Are located in an
				  economically distressed area; and/or
4. Represent an important economic sector of
				  the State.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31A - LOAN GUARANTEE PROGRAMS › Subchapter 1 - LOAN GUARANTEE PROGRAMS › Section 19:31A-1.3 - Application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  prospective applicant should consult with the Authority to determine if the
				  project is eligible for consideration.
(b) To apply, a completed Application for
				  Financial Assistance (Application) concerning the project shall be submitted to
				  the Authority for review, together with the Application fee.
(c) A completed Application includes:
1. A history and description of the
				  applicant's business;
2. A
				  description of the proposed project and a detailed breakdown of the use of the
				  loan proceeds;
3. Annual financial
				  statements for the three most recent years, including the balance sheets,
				  operating statements and reconciliations of the source and application of
				  funds;
4. A current interim
				  statement, if the most recent annual financial statement is more than six
				  months old;
5. Three years of
				  projections, including the balance sheets, operating statements, reconciliation
				  of the source and application of funds, and a detailing of the assumptions used
				  in preparing the projections;
6. A
				  list of the applicant's five largest customers, including the customer name,
				  address, telephone number, and contact person;
7. A list of the applicant's five largest
				  suppliers, including the supplier name, address, telephone number, and contact
				  person;
8. A schedule of all
				  officers, directors, and stockholders (owning 10 percent or more of the stock),
				  including resumes and signed, dated personal financial statements;
				  and
9. A formal commitment letter
				  from the lender providing the loan, including all terms, conditions,
				  collateral, and a statement of the requirement for the Authority
				  guarantee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31A - LOAN GUARANTEE PROGRAMS › Subchapter 1 - LOAN GUARANTEE PROGRAMS › Section 19:31A-1.4 - Evaluation process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When all of
				  the required information is received, the Authority will perform its own credit
				  evaluation based on the following:
1.
				  Visitation to the applicant's place of business, which may take place prior to
				  the Application as part of the meeting to determine eligibility;
2. An analysis of historic and projected
				  financial statements and a comparison to industry peers;
3. An independent industry study using source
				  material such as the U.S. Department of Commerce's Industrial Outlook and the
				  Standard & Poor's Industry survey, comparing the applicant's projections to
				  the study, and considering the short term and long term outlook for the
				  industry;
4. Contact with
				  applicant's customers to ascertain the quality of the product or service
				  provided, the competitiveness of the pricing, reliability and timeliness of
				  delivery, length of the relationship, likelihood of the relationship being
				  continued, and the customers' opinions of the applicant's management;
5. Contact with applicant's suppliers to
				  ascertain the length of the relationship, the amount of credit extended, the
				  amount of purchases, payment history, the likelihood of the relationship being
				  continued, and possibly an opinion of applicant's management;
6. Contact with applicant's bank(s) to
				  ascertain credit history and an opinion of the applicant's
				  management;
7. An analysis of
				  collateral available to secure the requested financing as to adequacy of
				  amount, quality, condition and marketability; and
8. Independent credit investigations of the
				  applicant and its principals, which may include real estate searches, financing
				  statement searches, and judgment and lien searches.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31A - LOAN GUARANTEE PROGRAMS › Subchapter 1 - LOAN GUARANTEE PROGRAMS › Section 19:31A-1.5 - Approval process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only the
				  Members can approve a guarantee, either directly or through
				  delegation.
(b) When the Members
				  approve a request, the minutes of the meeting at which such approval occurs are
				  submitted to the Governor.
(c) The
				  Members' approval is effective 10 working days after the Governor's receipt of
				  the minutes, provided no gubernatorial veto of this action has
				  occurred.
(d) If there has been no
				  veto, a formal commitment letter is issued to the applicant and the bank which
				  will be providing the loan.
1. The commitment
				  letter incorporates the bank's commitment, and contains all terms, conditions
				  and collateral required by the Authority.
2. Except for the Structured Finance Program,
				  usually, life insurance on the applicant's principal officer(s) is required in
				  an amount equal to the Authority's guarantee. The life insurance must name the
				  Authority as collateral assignee.
3. Except for the Structured Finance Program,
				  personal guarantees of owners of 10 percent or more of the applicant are
				  usually required, and there may be a requirement for collateral apart from the
				  applicant's collateral to secure the personal guarantees.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31A - LOAN GUARANTEE PROGRAMS › Subchapter 1 - LOAN GUARANTEE PROGRAMS › Section 19:31A-1.6 - Attorney General review

Current through Register Vol. 56, No. 14, July 15, 2024
All financing documents, including the Application, are
					 subject to review by the Attorney General's Office.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31B - DIRECT LOAN PROGRAM › Subchapter 1 - DIRECT LOAN PROGRAM › Section 19:31B-1.2 - Eligibility standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Generally,
				  preference for direct loans is given to projects which:
1. Are job intensive;
2. Will create or maintain tax
				  ratables;
3. Are located in an
				  economically distressed area; and/or
4. Represent an important economic sector of
				  the State.