reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Y - HISTORIC PROPERTY REINVESTMENT PROGRAM › Subchapter 1 - HISTORIC PROPERTY REINVESTMENT PROGRAM › Section 19:31Y-1.14 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board's
				  action shall be effective 10 business days after the Governor's receipt of the
				  minutes, provided neither an early approval nor veto has been issued.
(b) An applicant may appeal the Board's
				  action by submitting in writing to the Authority, within 21 calendar days from
				  the effective date of the Board's action, an explanation as to how the
				  applicant has met the program criteria. Such appeals are not contested cases
				  subject to the requirements of the Administrative Procedure Act,
				  N.J.S.A.
				  52:14B-1 et seq., and 52:14F-1 et seq., and
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(c) Appeals that are timely submitted shall
				  be handled by the Authority as follows:
1.
				  The Chief Executive Officer shall designate an employee of the Authority to
				  serve as a hearing officer for the appeal and to make a recommendation on the
				  merits of the appeal to the Board. The hearing officer shall perform a review
				  of the written record and may require an in-person hearing. The hearing officer
				  has sole discretion to determine if an in-person hearing is necessary to reach
				  an informed decision on the appeal. The Authority cannot consider any new
				  evidence or information about the project other than evidence or information
				  that would demonstrate that the applicant met all of the application criteria
				  by the application deadline.
2.
				  Following completion of the record review and/or in-person hearing, as
				  applicable, the hearing officer shall issue a written report to the Board
				  containing his or her finding(s) and recommendation(s) on the merits of the
				  appeal. The hearing officer's report shall be advisory in nature. After
				  reviewing the report, the Chief Executive Officer of the Authority may also
				  include a recommendation to the written report of the hearing officer. The
				  applicant shall receive a copy of the written report of the hearing officer,
				  which shall include the recommendation of the Chief Executive Officer, if any,
				  and shall have the opportunity to file written comments and exceptions to the
				  hearing officer's report within five business days from receipt of such
				  report.
3. The Board shall consider
				  the hearing officer's report, the recommendation of the Chief Executive
				  Officer, if any, and any written comments and exceptions timely submitted by
				  the applicant. Based on that review, the Board shall issue a final decision on
				  the appeal.
4. Final decisions
				  rendered by the Board shall be appealable to the Superior Court, Appellate
				  Division, in accordance with the Rules Governing the Courts of the State of New
				  Jersey.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Y - HISTORIC PROPERTY REINVESTMENT PROGRAM › Subchapter 1 - HISTORIC PROPERTY REINVESTMENT PROGRAM › Section 19:31Y-1.15 - Reports on implementation of program

Current through Register Vol. 56, No. 14, July 15, 2024
On or before December 31, 2025, the Authority, in
					 consultation with the Officer and the Director, shall prepare and submit a
					 written report regarding the number and total monetary amount of tax credits
					 granted for the rehabilitation of qualified properties or transformative
					 properties pursuant to section 4 at
					 P.L.
					 2020, c. 156
					 (N.J.S.A.
					 34:1B-272), the geographical distribution of
					 the credits granted, a summary of the tax credit transfer program established
					 pursuant to section 5 at
					 P.L.
					 2020, c. 156
					 (N.J.S.A.
					 34:1B-273), an evaluation of the
					 effectiveness of the tax credits provided pursuant to sections 2 through 8 at
					 P.L.
					 2020, c. 156
					 (N.J.S.A.
					 34:1B-270 through
					 34:1B-276), in promoting the
					 rehabilitation of historic properties, recommendations for administrative or
					 legislative changes to increase the effectiveness of the program, and any other
					 information that the Authority, the Officer, or the Director may deem useful or
					 appropriate. This report shall be submitted to the Governor and, pursuant to
					 section 2 at P.L. 1991, c. 164 (N.J.S.A. 52:14-19.1),
					 to the Legislature.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Y - HISTORIC PROPERTY REINVESTMENT PROGRAM › Subchapter 1 - HISTORIC PROPERTY REINVESTMENT PROGRAM › Section 19:31Y-1.16 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion
					 of this subchapter is adjudged to be unconstitutional or invalid by a court of
					 competent jurisdiction, the remaining portions of this subchapter shall not be
					 affected thereby.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter are promulgated by the New Jersey
					 Economic Development Authority (Authority) to implement the provisions of the
					 New Jersey Economic Recovery Act of 2020 establishing the Brownfields
					 Redevelopment Incentive Program Act (Act), sections 9 through 19 at
					 P.L.
					 2020, c. 156, as
					 amended by sections 5 through 10 at
					 P.L.
					 2021, c. 160
					 (N.J.S.A.
					 34:1B-277 through 287). The Act creates the
					 Brownfields Redevelopment Incentive Program (Program) pursuant to the
					 jurisdiction of the New Jersey Economic Development Authority. The purpose of
					 the Program is to provide tax credits to developers of redevelopment projects
					 located on brownfield sites for a percentage of remediation costs. The total
					 value of tax credits approved by the Authority shall not exceed the limitations
					 set forth in section 98 at
					 P.L.
					 2020, c. 156, as
					 amended at P.L. 2021, c.
					 160 (N.J.S.A. 34:1B-277
					 through 287).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.3 - Eligibility criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  developer of a redevelopment project shall be eligible to receive a tax credit
				  award only if the developer demonstrates to the Authority at the time of
				  application that:
1. The redevelopment
				  project is located on a brownfield site;
2. Without the tax credit award, the
				  redevelopment project is not economically feasible;
3. A project financing gap exists and the tax
				  credit award being considered for the project is equal to or less than the
				  project financing gap;
4. The
				  developer, including all affiliates:
i. Has
				  not commenced any remediation activity at the site of the redevelopment project
				  prior to submitting an application and will not commence any such remediation
				  activity prior to execution of the redevelopment agreement, other than
				  preliminary environmental assessments and environmental site investigations.
				  The developer shall demonstrate and certify, under penalty of perjury, to the
				  Authority that: it intends to remediate and redevelop the site immediately upon
				  approval of the tax credit, satisfy all of the conditions in the approval
				  letter, and execute a redevelopment agreement pursuant to N.J.A.C. 19:31Z-1.9;
				  or
ii. Could not have reasonably
				  known the full extent of the site contamination prior to commencing the
				  remediation, if the developer or an affiliate has commenced remediation or
				  clean up at the site for which the developer is applying for a tax credit. The
				  developer shall demonstrate and certify, under penalty of perjury, to the
				  Authority that the developer, including all affiliates, cannot reasonably
				  finish the remediation and commence a construction project absent the tax
				  credit;
5. The developer
				  has obtained and submitted to the Authority a letter evidencing support for the
				  redevelopment project from the governing body of the municipality or
				  municipalities in which the redevelopment project is located; and
6. The developer and all affiliates shall
				  comply with the prevailing wage requirements at N.J.A.C.
				  19:31Z-1.14.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.5 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				  for tax credits pursuant to the Program shall submit a one-time non-refundable
				  application fee. The application fee shall be, as follows:
1. For redevelopment projects with total cost
				  of remediation of $ 5 million or less, the fee shall be $ 2,000; and
2. For redevelopment projects with total cost
				  of remediation greater than $ 5 million, the fee shall be $
				  7,000.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.6 - Approval of completed application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For redevelopment projects eligible
				  pursuant to section 12 at
				  P.L.
				  2020, c. 156
				  (N.J.S.A.
				  34:1B-280) and N.J.A.C. 19:31Z-1.3, the
				  Authority shall review applications submitted by the corresponding application
				  deadline. The review shall determine if the applicant:
1. Complies with the eligibility
				  criteria;
2. Satisfies the
				  submission requirements; and
3.
				  Provides adequate information to make an eligibility determination for the
				  subject application.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.7 - Tax credit award amounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  developer who is eligible pursuant to, and complies with, the Act and this
				  subchapter, shall be allowed a tax credit for an approved redevelopment project
				  that shall not exceed the following limits:
1. For a redevelopment project located in a
				  qualified incentive tract or government-restricted municipality, 60 percent of
				  the actual remediation costs, 60 percent of the projected remediation costs as
				  set forth in the redevelopment agreement, or $ 8 million, whichever is
				  lower.
2. For all other
				  redevelopment projects, 50 percent of the actual remediation costs, 50 percent
				  of the projected remediation costs as set forth in the redevelopment agreement,
				  or $ 4 million, whichever is lower.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.8 - Approval letter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt
				  of a recommendation from the Authority staff on the redevelopment project, the
				  Board shall determine whether or not to approve the application. If approved,
				  the Board shall determine the maximum amount of the tax credit award and the
				  maximum percentage of remediation costs that will be used to calculate the tax
				  credit award. The Board shall promptly notify the applicant and the Director of
				  the Division of Taxation in the Department of the Treasury of the
				  determination.
(b) The Board's
				  award of the credits will be subject to conditions subsequent that must be met
				  in order to retain the tax credit award. An approval letter setting forth the
				  conditions subsequent will be sent to the developer. Such conditions shall
				  include, but not be limited to: the requirement that the redevelopment project
				  complies with the Authority's prevailing wage requirements,
				  P.L.
				  2007, c. 245
				  (N.J.S.A.
				  34:1B-5.1), and affirmative action
				  requirements, P.L. 1979, c. 303 (N.J.S.A. 34:1B-5.4);
				  and that the redevelopment project does not violate any environmental law
				  requirements, including, but not limited to, the Flood Hazard Area Control Act
				  Rules, N.J.A.C. 7:13. The approval letter shall also provide the requirements
				  necessary for the Authority to execute the redevelopment agreement, which shall
				  include satisfaction of all conditions of approval.
(c) The approval letter shall require
				  documentation evidencing project financing, including the submittal of executed
				  financing commitments; documents that evidence site control or access by the
				  developer or an affiliate; and a copy of the site plan approval, if
				  applicable.
(d) Absent extenuating
				  circumstances or the Authority's determination, in its sole discretion, the
				  Authority's approval of the tax credits shall expire if the developer does not
				  satisfy the conditions in the approval letter within one year after approval of
				  the application.
(e) The approval
				  letter shall provide an estimated date of completion of the redevelopment
				  project and include a requirement for submitting project status reports every
				  six months, beginning at approval of the application and ending upon execution
				  of the redevelopment agreement. If the Authority does not receive a project
				  status report when required or the project status report demonstrates
				  unsatisfactory progress, the Authority may rescind the incentive
				  award.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.9 - Redevelopment agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Following satisfaction of the requirements for the execution of a redevelopment
				  agreement in the approval letter, the Authority shall enter into a
				  redevelopment agreement with the developer. The Chief Executive Officer of the
				  Authority shall negotiate the terms and conditions of the redevelopment
				  agreement on behalf of the State. The awarding of tax credits shall be
				  conditioned on the developer's compliance with the Act, this subchapter, and
				  the requirements of the redevelopment agreement.
(b) The developer, including all affiliates,
				  shall not start any remediation or clean up at the site other than the
				  activities disclosed and approved at the time of approval, except for work
				  required due to an order or other written requirement from an official with
				  jurisdiction over the site or the redevelopment project to correct an immediate
				  environmental concern or a health, safety, or other hazard that requires the
				  developer or an affiliate to undertake remediation activities, if:
1. The developer provides a copy of the order
				  or written requirement to the Authority; and
2. The developer documents to the Authority's
				  satisfaction that the proposed remediation activity is limited to resolve the
				  hazard.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.10 - Redevelopment project modifications and extensions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On or before the date of completion of
				  the redevelopment project, any modification to the redevelopment project as
				  approved by the Board, including, but not limited to, a change in ownership of
				  the developer, a change in the key personnel responsible for the remediation,
				  an increase or reduction in the amount of the remediation cost, a change in
				  redevelopment project scope, or an extension to the date by when the
				  redevelopment project must be completed, shall require review and approval by
				  the Authority to determine that the redevelopment project, as modified, does
				  not undermine the basis for the tax credit award approved.
(b) In considering whether to approve the
				  modification request, the Authority shall:
1.
				  Determine that the revised redevelopment project continues to meet the
				  requirements for the redevelopment, as defined pursuant to the
				  Program;
2. Confirm that the
				  proposed change to the redevelopment project will not undermine the basis for
				  the tax credit award approved; and
3. Determine that the revised redevelopment
				  project continues to meet the minimum score and would have been eligible based
				  on the order of applications pursuant to N.J.A.C. 19:31Z-1.6(b), unless the
				  developer demonstrates to the Authority that:
i. The modification is due to unforeseeable
				  conditions related to the redevelopment project beyond the developer's or any
				  affiliate's control and without its fault or negligence;
ii. The developer and any applicable
				  affiliate is using best efforts, with all due diligence, to proceed with the
				  completion of the redevelopment project; and
iii. The developer and any applicable
				  affiliate has made all reasonable efforts to prevent, avoid, mitigate, and
				  overcome the modification.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.11 - Reporting requirements: progress reports and annual reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The developer
				  shall submit progress reports to the Authority and Department every six months
				  starting at six months from Board approval and ending upon issuance of a
				  certification of completion of remediation by the Department and, unless
				  otherwise determined by the Authority and Department, shall consist of:
1. A remediation schedule, including any
				  updates;
2. A summary of
				  remediation completed during the reporting period, remediation in progress, and
				  remediation to be completed for the next reporting period;
3. The status of permits, if
				  applicable;
4. Photos documenting
				  progress of the redevelopment project;
5. Identification of the percentage of the
				  redevelopment project that is completed, including a narrative that speaks to
				  the redevelopment project progress for all aspects of the redevelopment
				  project;
6. Changes to key
				  personnel, developer ownership, and the identity and ownership of any
				  affiliates involved with the redevelopment project;
7. Remediation costs incurred as evidenced by
				  a paid invoice as proof of payment with any change orders; and
8. Additional information, as required by the
				  Authority or the Department.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.12 - Certification of completion of remediation; completion of redevelopment project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				  later than 12 months following completion of the remediation required for the
				  redevelopment project, the developer shall seek certification from the
				  Department that:
1. The remediation required
				  for the redevelopment project is complete. Where the remediation is subject to
				  the Site Remediation Reform Act, sections 1 through 29 at
				  P.L.
				  2009, c. 60
				  (N.J.S.A.
				  58:10C-1 et seq.), evidence of completion of
				  the remediation will be demonstrated by the issuance of a Response Action
				  Outcome for the site of the redevelopment project by a Licensed Site
				  Remediation Professional. For any portion of the remediation that is not
				  subject to the Site Remediation Reform Act, sections 1 through 29 at
				  P.L.
				  2009, c. 60
				  (N.J.S.A.
				  58:10C-1 et seq.), evidence of completion of
				  the remediation will be demonstrated by a certification from the Licensed Site
				  Remediation Professional and from an appropriate licensed or certified
				  professional;
2. The developer
				  complied with the requirements of section 15 at
				  P.L.
				  2020, c. 156
				  (N.J.S.A.
				  34:1B-283) and N.J.A.C. 19:31Z-1.11(a)
				  regarding progress reports to the Department, and section 14 at
				  P.L.
				  2020, c. 156
				  (N.J.S.A.
				  34:1B-282) and this section, including the
				  requirements of any agreement or other oversight document that the developer
				  may have executed with the Commissioner of the Department of Environmental
				  Protection pursuant to
				  P.L.
				  2020, c. 156,
				  section
				  14(N.J.S.A.
				  34:1B-282); and
3. The remediation costs were actually and
				  reasonably incurred.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.14 - Affirmative action and prevailing wage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority's affirmative action
				  requirements at P.L. 1979, c. 303 (N.J.S.A.
				  34:1B-5.4) and N.J.A.C. 19:30-3 shall apply
				  to the redevelopment project. The affirmative action requirements shall apply
				  until the later of the completion of the redevelopment project or until two
				  years after the tax credit is issued.
(b) The Authority's prevailing wage
				  requirements at
				  P.L.
				  2007, c. 245
				  (N.J.S.A.
				  34:1B-5.1) and N.J.A.C. 19:30-4 shall apply
				  to construction contracts as defined at N.J.A.C. 19:30D-1.1 for work performed
				  for the redevelopment project. The prevailing wage requirements shall apply
				  until the later of the completion of the redevelopment project or two years
				  after the tax credit is issued. Prevailing wage shall apply to all work done by
				  tenants at the redevelopment project.
(c) Prevailing wage shall apply to building
				  services at the site of the redevelopment project. This prevailing wage
				  requirement shall continue for 10 years following the completion of the
				  redevelopment project. In the event a redevelopment project, or the aggregate
				  of all redevelopment projects approved for an award pursuant to the Program,
				  constitute a lease of more than 35 percent of a facility, the prevailing wage
				  shall apply to the entire facility.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.16 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board's
				  action shall be effective 10 business days after the Governor's receipt of the
				  minutes, provided neither an early approval nor a veto has been
				  issued.
(b) An applicant may appeal
				  the Board's action by submitting, in writing, to the Authority, within 21
				  calendar days from the effective date of the Board's action, an explanation as
				  to how the applicant has met the Program criteria. Such appeals are not
				  contested cases subject to the requirements of the Administrative Procedure
				  Act, N.J.S.A. 52:14B-1 et seq., and
				  52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C.
				  1:1.
(c) Appeals that are timely
				  submitted shall be handled by the Authority, as follows:
1. The Chief Executive Officer of the
				  Authority shall designate an employee of the Authority to serve as a hearing
				  officer for the appeal and to make a recommendation on the merits of the appeal
				  to the Board. The hearing officer shall perform a review of the written record
				  and may require an in-person hearing. The hearing officer has sole discretion
				  to determine if an in-person hearing is necessary to reach an informed decision
				  on the appeal. The Authority cannot consider any new evidence or information
				  about the project other than evidence or information that would demonstrate
				  that the applicant met all of the application criteria by the application
				  deadline.
2. Following completion
				  of the record review and/or in-person hearing, as applicable, the hearing
				  officer shall issue a written report to the Board containing his or her
				  finding(s) and recommendation(s) on the merits of the appeal. The hearing
				  officer's report shall be advisory in nature. After reviewing the report, the
				  Chief Executive Officer of the Authority may also include a recommendation to
				  the written report of the hearing officer. The applicant shall receive a copy
				  of the written report of the hearing officer, which shall include the
				  recommendation of the Chief Executive Officer, if any, and shall have the
				  opportunity to file written comments and exceptions to the hearing officer's
				  report within five business days from receipt of such report.
3. The Board shall consider the hearing
				  officer's report, the recommendation of the Chief Executive Officer, if any,
				  and any written comments and exceptions timely submitted by the applicant.
				  Based on that review, the Board shall issue a final decision on the
				  appeal.
4. Final decisions rendered
				  by the Board shall be appealable to the Superior Court, Appellate Division, in
				  accordance with the Rules of Court of the State of New
				  Jersey.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.17 - Reports on implementation of Program

Current through Register Vol. 56, No. 14, July 15, 2024
Beginning in 2022 and every two years thereafter, a State
					 college or university established pursuant to Chapter 64 of Title 18A of the
					 New Jersey Statutes shall, pursuant to an agreement executed between the State
					 college or university and the Authority, prepare a report on the implementation
					 of the Program, and submit the report to the Authority, the Governor, and,
					 pursuant to section 2 at P.L. 1991, c. 164 (N.J.S.A.
					 52:14-19.1), to the Legislature. Each
					 biennial report required pursuant to this section shall include a description
					 of each redevelopment project receiving a tax credit under the Program, a
					 detailed analysis of the consideration given in each redevelopment project to
					 the factors set forth in sections 12 and 13 at
					 P.L.
					 2020, c. 156
					 (N.J.S.A.
					 34:1B-277 through 278) and N.J.A.C.
					 19:31Z-1.6(b), the return on investment for incentives awarded, the
					 redevelopment project's impact on the State's economy, and any other metrics
					 the State college or university determines are relevant based upon national
					 best practices. The Authority shall prepare a written response to the report,
					 which the Authority shall submit to the Governor and, pursuant to section 2 at
					 P.L. 1991, c. 164 (N.J.S.A. 52:14-19.1), to the
					 Legislature.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.18 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion
					 of this subchapter is adjudged to be unconstitutional or invalid by a court of
					 competent jurisdiction, the remaining portions of this subchapter shall not be
					 affected thereby.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31AA - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Subchapter 1 - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Section 19:31AA-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter are promulgated by the New
					 Jersey Economic Development Authority to implement the provisions of the New
					 Jersey Food Desert Relief Act (Act) (N.J.S.A.
					 34:1B-303 et seq.). Pursuant to the Act, the
					 Authority is authorized to administer several programs to increase access to
					 nutritious foods in food desert communities. The rules are promulgated for the
					 administration of a tax credit program to encourage the development and
					 operation of supermarkets and grocery stores through the provision of tax
					 credit awards. The Authority Board may approve the award of a tax credit award
					 to an applicant upon application to the Authority pursuant to
					 N.J.S.A.
					 34:1B-306. The value of all tax credits
					 approved by the Authority pursuant to the Act shall be subject to the
					 limitations set forth at
					 N.J.S.A.
					 34:1B-362.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31AA - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Subchapter 1 - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Section 19:31AA-1.5 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				  applying for benefits pursuant to this Program shall submit a one-time
				  non-refundable application fee. The application fee shall be as follows:
1. For a financing gap tax credit with a
				  project cost of less than $ 10 million, the fee shall be $ 2,500. For other
				  financing gap tax credit projects, the fee shall be $ 10,000.
2. For an initial operating cost tax credit
				  with average annual total sales over the eligibility period and the commitment
				  period of less than $ 20 million, the fee shall be $ 2,500. For other initial
				  operating cost tax credit projects, the fee shall be $
				  5,000.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31AA - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Subchapter 1 - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Section 19:31AA-1.6 - Financing gap and initial operating shortfall

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For an application for a financing gap
				  tax credit, the Authority shall review the proposed total development cost and
				  evaluate and validate the project financing gap estimated by each applicant
				  applying for an incentive award, as follows:
1. The Authority shall evaluate the proposed
				  total development costs to develop, and the components of, the project against
				  reasonable market costs and components of comparable projects;
2. The Authority shall determine if the
				  applicant's submitted financial information for the project is satisfactory. If
				  satisfactory, the Authority shall incorporate the financial information in the
				  project financing gap analysis, including the reasonable and appropriate return
				  on investment; and
3. The project
				  financing gap analysis shall include, but not be limited to, an evaluation of
				  the total development cost, amount of capital sufficient to complete the
				  project, proposed rental rates, vacancy rates, reasonable and appropriate
				  return on investment, and, in the Authority's sole discretion, a comparison to
				  alternative financing structures for a comparable project available to the
				  applicant. If the supermarket or grocery store is a component of a facility,
				  the Authority shall additionally consider the reasonable and appropriate return
				  on investment of the facility and may adjust the reasonable and appropriate
				  return on investment of the supermarket or grocery store so that together the
				  supermarket or grocery store and the facility yield a reasonable and
				  appropriate return on investment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31AA - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Subchapter 1 - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Section 19:31AA-1.7 - Approval of completed application; tax credit amounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority shall award incentive
				  awards based on the order in which complete, qualifying applications are
				  received by the Authority. If interest in the Program so warrants, at the
				  Authority's discretion and upon notice, the Authority may institute a
				  competitive application process whereby all completed applications submitted by
				  a certain date will be evaluated as if submitted on that date. The Authority's
				  review will determine whether the applicant:
1. Complies with the eligibility
				  criteria;
2. Satisfies the
				  submission requirements; and
3.
				  Provides adequate information for the subject application.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31AA - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Subchapter 1 - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Section 19:31AA-1.13 - Affirmative action and prevailing wage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a financing gap tax credit:
1. The Authority's affirmative action
				  requirements at
				  N.J.S.A.
				  34:1B-5.4 and N.J.A.C. 19:30-3 shall apply to
				  the project, including, but not limited to, construction contracts for work
				  performed before the application and after May 4, 2023 (the effective date of
				  this subchapter), and included in the project cost.
2. The Authority's prevailing wage
				  requirements at
				  N.J.S.A.
				  34:1B-5.1 and N.J.A.C. 19:30-4 shall apply to
				  the project, but not be limited to, construction contracts for work performed
				  before the application and included in the project cost.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31AA - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Subchapter 1 - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Section 19:31AA-1.14 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board's
				  action shall be effective 10 business days after the Governor's receipt of the
				  minutes, provided neither an early approval nor veto has been issued.
(b) An applicant may appeal the Board's
				  action by submitting, in writing, to the Authority, within 20 calendar days
				  from the effective date of the Board's action, an explanation as to how the
				  applicant has met the program criteria. Such appeals are not contested cases
				  subject to the requirements of the Administrative Procedure Act,
				  N.J.S.A.
				  52:14B-1 et seq., and 52:14F-1 et seq., and
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(c) Appeals that are timely submitted shall
				  be handled by the Authority as follows:
1. The
				  Chief Executive Officer shall designate an employee of the Authority to serve
				  as a hearing officer for the appeal and to make a recommendation on the merits
				  of the appeal to the Board. The hearing officer shall perform a review of the
				  written record and may require an in-person hearing. The hearing officer has
				  sole discretion to determine if an in-person hearing is necessary to reach an
				  informed decision on the appeal. The Authority may consider new evidence or
				  information that would demonstrate that the applicant meets all of the
				  application criteria.
2. Following
				  completion of the record review and/or in-person hearing, as applicable, the
				  hearing officer shall issue a written report to the Board containing his or her
				  finding(s) and recommendation(s) on the merits of the appeal. The hearing
				  officer's report shall be advisory in nature. After reviewing the report, the
				  Chief Executive Officer of the Authority may also include a recommendation to
				  the written report of the hearing officer. The applicant shall receive a copy
				  of the written report of the hearing officer, which shall include the
				  recommendation of the Chief Executive Officer, if any, and shall have the
				  opportunity to file written comments and exceptions to the hearing officer's
				  report within five business days from receipt of such report.
3. The Board shall consider the hearing
				  officer's report, the recommendation of the Chief Executive Officer, if any,
				  and any written comments and exceptions timely submitted by the applicant.
				  Based on that review, the Board shall issue a final decision on the
				  appeal.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31AA - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Subchapter 1 - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Section 19:31AA-1.15 - Reports on implementation of program

Current through Register Vol. 56, No. 14, July 15, 2024
By January 7, 2022 (one year after the effective date of
					 the Act), and annually thereafter, the Authority shall submit a report to the
					 Governor, the State Treasurer, and, pursuant to N.J.SA. 52:14-19.1, the
					 Legislature, on the effectiveness of the program in establishing supermarkets
					 and grocery stores in food desert communities.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31AA - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Subchapter 1 - FOOD DESERT RELIEF TAX CREDIT PROGRAM › Section 19:31AA-1.16 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion
					 of this subchapter is adjudged to be unconstitutional or invalid by a court of
					 competent jurisdiction, the remaining portions of this subchapter shall not be
					 affected thereby.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is promulgated by the New Jersey Schools
					 Development Authority ("SDA" or the "Authority") to implement Section 15 of the
					 Educational Facilities Construction and Financing Act,
					 P.L.
					 2000, c. 72 (N.J.S.A.
					 18A:7G-15) and
					 section
					 26 of
					 P.L.
					 2007, c. 137 (collectively, the "Act"). Section 15
					 of the Act establishes a grant program to fund the State share of the final
					 eligible costs of school facilities projects undertaken by school districts
					 other than SDA school districts. This chapter is adopted in order to provide
					 the mechanism whereby school districts that are eligible to receive grants from
					 the Authority can receive such grants and to ensure that these grant funds are
					 used properly by the school districts. Any district applying for a grant or
					 having received a grant pursuant to the Act shall, at a minimum, comply with
					 the requirements of this chapter, as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.2 - Construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to permit the
					 Authority to discharge its statutory functions under the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.4 - Administration and performance of grant agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The district is responsible for the administration and
					 success of the school facilities project, and the provision of the grant by the
					 Authority shall not in any way be deemed to imply that the Authority shall have
					 any responsibility for the administration or success of the school facilities
					 project. Although districts are encouraged to seek the advice and opinion of
					 the Authority on problems that may arise regarding the school facilities
					 project, the giving of such advice by the Authority shall not shift the
					 responsibility for final decisions from the district to the Authority, nor
					 render the Authority responsible for such advice. Moneys awarded pursuant to
					 this chapter shall be used in conformance with the Act, this chapter and the
					 provisions of the grant agreement to achieve the grant objectives and to insure
					 that the purposes set forth in the Act are fully executed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.5 - Disclosure and publicity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				  applications and submissions received by the Authority shall constitute public
				  records of the Authority. The Authority shall make them available to persons
				  who request their release to the extent required by State law.
(b) Press releases and other public
				  dissemination of information by the district concerning the school facilities
				  project shall acknowledge Authority financial assistance.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.6 - Access and record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The NJEDA, the
				  Authority, the Department, the DCA, the Office of the Attorney General, the
				  LWD, and their duly authorized agents may, at their discretion and cost,
				  investigate, audit, examine, and inspect the activities, documents, work
				  product arising from audits, records, and accounts (pertaining to the school
				  facilities project) of the district and other parties involved with the school
				  facilities project as further set forth below:
1. They shall have the right to enter upon
				  and examine, inspect or audit the school facilities project at reasonable times
				  and upon prior notice but shall not be required to do so if in their sole
				  judgment such notice and times cannot be provided.
2. They shall have the right to make any
				  copies or abstracts of any document, record or account relating to the school
				  facilities project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.7 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  district shall administer moneys pursuant to this chapter, the grant agreement,
				  and any contracts entered into in connection with the school facilities project
				  free from bribery, graft, and corrupt practices. The district has the primary
				  responsibility for the prevention, detection, and cooperation in the
				  prosecution of any such conduct. The Authority shall have the right to pursue
				  administrative or other legally available remedies in the event it suspects the
				  occurrence of such conduct.
(b) The
				  district shall diligently pursue available judicial and administrative remedies
				  and take any other appropriate remedial action with respect to any allegations
				  or evidence of such illegality or corrupt practices. The district shall
				  immediately notify the Authority and the Office of the Attorney General in
				  writing when any such allegation or evidence comes to its attention and shall
				  periodically advise the Authority and the Office of the Attorney General in
				  writing of the status and ultimate disposition of any related matter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.9 - Noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any other remedies as may
				  be provided by law or by the grant agreement, in the event of noncompliance
				  with any provisions of the Act, any condition of the grant agreement or any
				  requirement of this chapter, the Authority may take any of the following
				  actions or combinations thereof.
1. Issue a
				  notice of noncompliance pursuant to
				  19:32-1.10;
2. Withhold grant moneys pursuant to
				  19:32-1.11;
3. Suspend the provision of grant moneys
				  pursuant to
				  19:32-1.12; and/or
4. Terminate the grant agreement or rescind
				  the grant moneys pursuant to
				  19:32-1.12.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.10 - Notice of noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that the Authority determines that the
					 district is not in compliance with any provision of the Act, any condition of
					 the grant agreement, or any condition of this chapter, it will notify the
					 district of the noncompliance in writing. The Authority may require the
					 district, its consultants and/or contractors to take and complete corrective
					 action. If the corrective action is not taken within the requisite time period
					 specified or if the action taken is inadequate as determined by the Authority,
					 the Authority may take any of the following actions or combinations contained
					 at N.J.A.C. 19:32-1.11 and
					 1.12.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.11 - Withholding of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority may withhold or require the district to
					 repay, upon written notice to the district, grant disbursements, or any portion
					 thereof, where it determines that a district has failed to comply with any
					 provision of the Act, any condition of the grant agreement or any requirement
					 of this chapter. The Authority may also release the grant disbursement but
					 refer the matter to the Department for further action, which may include an
					 audit and/or a request to the Treasurer to withhold funds payable by the State
					 from the district.