New Jersey § 34:1b-389

§ 34:1b-389.

a. The authority shall award tax credits under the program through a competitive application

process consisting of at least one award round each year. The authority shall provide notice to the public of the opening and closing dates

for submission of program applications on the authority's Internet website. b. The authority shall review applications for tax credits submitted to the authority

by the deadline date of the award round and shall evaluate each application as if

it were received on the deadline date, without providing any preference for early

submissions. To determine priority for an award of a tax credit, all applications for cultural

arts projects that satisfy the criteria set forth in sections 5 through 7 of P.L.2023, c. 197 ( C.34:1B-387 through 34:1B-389 ) in a given award round shall be ranked on the basis of a scoring system developed

by the authority, in consultation with the New Jersey State Council on the Arts. Prior to the commencement of an award round, the authority shall determine the minimum

score for the award round that each applicant is required to attain to be eligible

for a tax credit. c. The scoring system developed by the authority pursuant to subsection b. of this

section shall assess applications for tax credits based on competitive criteria, which

shall include, but shall not be limited to: (1) the amount of tax credits requested by the cultural arts institution compared

to the amount of tax credits required for the completion of the cultural arts project; (2) how the cultural arts project will advance State, regional, and local goals concerning

the development of arts and cultural facilities in underserved communities; (3) the relationship of the cultural arts project to a comprehensive local development

strategy, including its relation to other development and redevelopment projects in

the municipality; (4) the degree to which the cultural arts project enhances and promotes job creation

and economic development; (5) the extent of economic and related social distress in the municipality and the

immediate area surrounding the cultural arts project, including whether the cultural

arts project is located in a qualified incentive tract or other areas of the State

identified from time to time by the authority in rules; (6) the quality and number of new full-time jobs that will be created by the cultural

arts institution; and (7) if the cultural arts institution has a board of directors, the extent to which

that board of directors is diverse and representative of the community in which the

cultural arts project is located. d. Notwithstanding the provisions of subsection c. of this section, the authority

may adopt, pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), rules and regulations adjusting competitive criteria required under the program

when necessary to respond to conditions in the State. e. Prior to the award of a tax credit, the authority shall confirm with the Department

of Labor and Workforce Development, the Department of Environmental Protection, and

the Department of the Treasury that the cultural arts institution 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

cultural arts institution and the cultural arts institution shall confirm that any

contractors and subcontractors performing work at the cultural arts project: (1)

are registered as required by “The Public Works Contractor Registration Act,” P.L.1999, c. 238 ( C.34:11-56.48 et seq. ); (2) have not been debarred by the Department of Labor and Workforce Development

from engaging in or bidding on Public Works Contracts in the State; and (3) possess

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

the Treasury. Provided that all parties are in compliance with this subsection, the authority

shall allocate tax credits to cultural arts projects according to the cultural arts

projects' scores and until either the available tax credits are exhausted or all cultural

arts projects obtaining the minimum score receive a tax credit, whichever occurs first. If insufficient funding exists to fully fund all eligible cultural arts projects,

a cultural arts project may be offered a partial tax credit valued at less than what

is provided for in paragraph (1) of subsection b. of section 4 of P.L.2023, c. 197 ( C.34:1B-386 ). f. Applications that do not receive the minimum score established by the authority

for that award round shall not receive further consideration for a tax credit by the

authority in that award round; however, a cultural arts institution may revise or

complete a new application to be submitted in a subsequent award round. g. If a cultural arts institution declines a tax credit offered by the authority,

the authority shall offer the tax credit to the applicant with the application having

the next highest score, and having obtained at least the minimum score in that award

round.