New Jersey § 34:1b-280

§ 34:1b-280.

a. A developer seeking a tax credit for a redevelopment project shall submit an application

to the authority and the department in a form and manner prescribed in regulations

adopted by the authority, in consultation with the department, pursuant to the provisions

of the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). b. A redevelopment project shall be eligible for a tax credit only if the developer

demonstrates to the authority and the department at the time of application that: (1) except as provided in subsection j. of this section, the developer has not commenced

any remediation or clean up at the site of the redevelopment project, except for preliminary

assessments and investigations, prior to applying for a tax credit pursuant to this

section, but intends to remediate and redevelop the site immediately upon approval

of the tax credit; (2) the redevelopment project is located on a brownfield site; (3) without the tax credit, the redevelopment project is not economically feasible; (4) a project financing gap exists; (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

in which the redevelopment project is located; and (6) each worker employed to perform remediation, construction , or building services work at the redevelopment project shall be paid not less than the prevailing wage rate

for the worker's craft or trade, as determined by the Commissioner of Labor and Workforce

Development pursuant to P.L.1963, c. 150 ( C.34:11-56.25 et seq. ). The prevailing wage requirements shall apply for remediation or construction work through the completion of the redevelopment project , and the prevailing wage requirements shall apply for building services work at the

site of the redevelopment project for 10 years following completion of the redevelopment

project . In the event a redevelopment project, or the aggregate of all redevelopment projects

approved for an award under the program, constitute a lease of more than 35 percent

of a facility, the prevailing wage requirements shall apply to the entire facility. c. A redevelopment project that received a reimbursement pursuant to sections 34 through

39 of P.L.1997, c. 278 ( C.58:10B-26 through 58:10B-31 ) shall not be eligible to apply for a tax credit under the program. If the authority receives an application and supporting documentation for approval

of a reimbursement pursuant to sections 34 through 39 of P.L.1997, c. 278 ( C.58:10B-26 through 58:10B-31 ) prior to the effective date of sections 9 through 19 of P.L.2020, c. 156 ( C.34:1B-277 through C.34:1B-287 ), 1 then the authority may consider the application and award a tax credit to a developer,

provided that the authority shall take final action on all applications for approval

of a reimbursement pursuant to sections 34 through 39 of P.L.1997, c. 278 ( C.58:10B-26 through 58:10B-31 ) no later than July 1, 2019. No applications shall be submitted pursuant to sections 34 through 39 of P.L.1997, c. 278 ( C.58:10B-26 through 58:10B-31 ) after the effective date of sections 9 through 19 of P.L.2020, c. 156 ( C.34:1B-277 through C.34:1B-287 ). d. (1) Prior to approval of an application, the authority shall confirm with the Department of Labor and Workforce Development, the Department of Environmental Protection,

and the Department of the Treasury whether the developer is in substantial good standing with the respective department,

or has entered into an agreement with the respective department that includes a practical

corrective action plan for the developer. The authority may also contract with an independent third party to perform a background

check on the developer. The developer shall certify that any contractors or subcontractors that perform work

at the redevelopment project: (a) are registered as required by “The Public Works

Contractor Registration Act,” P.L.1999, c. 238 ( C.34:11-56.48 et seq. ); (b) have not been debarred by the Department of Labor and Workforce Development

from engaging in or bidding on Public Works Contracts in New Jersey, and (c) possess

a tax clearance certificate issued by the Division of Taxation in the Department of

the Treasury. Provided that the developer is in substantial good standing with the Department of Labor and Workforce Development, the Department of Environmental

Protection, and the Department of the Treasury , or has entered into such an agreement, and following approval of an application

by the board, the authority shall enter into a redevelopment agreement with the developer,

as provided for in section 13 of P.L.2020, c. 156 ( C.34:1B-281 ). (2) The authority, in consultation with the department, may impose additional requirements

upon an applicant through rule or regulation adopted pursuant to the provisions of

the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), if the authority or the department determines the additional requirements to be

necessary and appropriate to effectuate the purposes of sections 9 through 19 of P.L.2020, c. 156 ( C.34:1B-277 through C.34:1B-287 ). e. The authority, in consultation with the department, shall conduct a review of the

applications through a competitive application process whereby the authority and the

department shall evaluate all applications submitted by a date certain, as if all

received applications were submitted on that date. In addition to the eligibility criteria set forth in subsection b. of this section,

the authority, in consultation with the department, may consider additional factors

that may include, but shall not be limited to: the economic feasibility of the redevelopment

project; the benefit of the redevelopment project to the community in which the remediation

project is located; the degree to which the redevelopment project enhances and promotes

job creation and economic development and reduces environmental or public health stressors

in an overburdened community , as those terms are defined by section 2 of P.L.2020, c. 92 ( C.13:1D-158 ), and attendant department regulations; and, if the developer has a board of directors,

the extent to which that board of directors is diverse and representative of the community

in which the redevelopment project is located. The authority, in consultation with the department, shall submit applications that

comply with the eligibility criteria set forth in this section, fulfill the additional

factors considered by the authority pursuant to this subsection, satisfy the submission

requirements, and provide adequate information for the subject application, to the

board for final approval. f. The authority shall award tax credits to redevelopment projects until either the

available tax credits are exhausted or all redevelopment projects that are eligible

for a tax credit pursuant to the provisions of sections 9 through 19 of P.L.2020, c. 156 ( C.34:1B-277 through C.34:1B-287 ) receive a tax credit, whichever occurs first. If insufficient funding exists to allow a tax credit to a developer in accordance

with the provisions of subsection a. of section 16 of P.L.2020, c. 156 ( C.34:1B-284 ), the authority may offer the developer a value of the tax credit below the amount

provided for in subsection a. of section 16 of P.L.2020, c. 156 ( C.34:1B-284 ). g. A developer shall pay to the authority or to the department, as appropriate, the

full amount of the direct costs of an analysis concerning the developer's application

for a tax credit, which a third party retained by the authority or department performs,

if the authority or department deems such retention to be necessary. h. If the authority determines that a developer made a material misrepresentation

on the developer's application, the developer shall forfeit all tax credits awarded

under the program. i. If circumstances require a developer to amend its application to the authority,

then the developer, or an authorized agent of the developer, shall certify to the

authority that the information provided in its amended application is true, under

the penalty of perjury. j. A developer who has commenced remediation or clean up at the site and who could not reasonably have known the full extent of the site contamination prior to commencing the remediation may still apply for a tax credit under the program, if the developer certifies to

the authority, under the penalty of perjury, that the developer cannot reasonably finish the remediation and commence the redevelopment project absent the tax credit . 1

L.2020, c. 156, eff. Jan. 7. 2021.