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ECONOMIC REDEVELOPMENT AND GROWTH (ERG) PROGRAM


All applications for assistance under the ERG Program, including required attachments, must be submitted no later than June 30, 2019.

Please note that certain allocations of tax credits available through the residential component of the Economic Redevelopment and Growth (ERG) Program are currently oversubscribed.  As a result, NJEDA is not accepting applications for residential ERG projects in areas of the state where tax credit allocations are oversubscribed.  Please contact Customer Care or your Community Development Officer for more information prior to submitting an application.

For residential ERG projects in areas of the state where tax credits remain available, NJEDA will continue to accept applications. Consideration of all project applications, including those already in-house, will be based on the readiness of the project to proceed.  Readiness of a project to proceed is evaluated by NJEDA based on the applicant’s ability to provide a completed application including, but not limited to: the demonstration of evidence to obtain financing; documentation to support that the project has received or is about to receive necessary governmental approvals; and evidence that the development team has the ability to complete the project within the statutory deadline of July 28, 2019.  Please contact Customer Care or your Community Development Officer for a current status.

PROGRAM DETAILS

The Economic Redevelopment and Growth (ERG) Program is an incentive for developers and businesses to address revenue gaps in development projects, defined as having insufficient revenues to support the project debt service under a standard financing scenario.  It can also apply to projects that have a below market development margin or rate of return. The grant is not meant to be a substitute for conventional debt and equity financing, and applicants should generally have their primary debt financing in place before applying.  In order for a project to be approved, it needs to undergo a rigorous analysis of the sources and uses of funds, construction costs and projected revenues. All of these metrics are compared to industry standard measures, many of which are available to view in the supporting documents below.  For information regarding a local incentive grant under the ERG Program, please consult with the municipality.

ELIGIBILTY

IF YOU ARE: A developer with a commercial, residential, or mixed use parking project located in areas targeted for growth in New Jersey.  See Definitions and Mapping Tool links at the bottom of the page for use in determining location eligibility.


Residential Projects – redevelopment projects that are predominantly residential and include multi-family residential units for purchase or lease, or dormitory units for purchase or lease

Commercial Projects – redevelopment projects that are predominantly commercial and include retail, office and/or industrial uses for purchase or lease.

Mixed Use Parking Projects – redevelopment projects consisting of a building or structure, of which the parking component is 51 percent or more of: the total square footage of the entire project; the estimated revenues of the entire project; or the total construction cost of the entire project.


YOU CAN APPLY FOR:

Residential Projects – Residential projects that do not generate tax revenues can qualify for tax credits that can be assigned to lenders for project financing. A tax credit of up to 20% of total project cost, with additional tax credit amounts* possible based on project type and/or location listed below.  Residential projects have an affordable housing requirement. (See affordable housing requirement below.) Please note that aggregate tax credits available to qualified residential and mixed-use parking projects under ERG are limited to $718 million.

Commercial Projects – An incentive grant reimbursement of up to 20% of total project cost, with additional grant funding* possible based on project type and/or location listed below.  The project is provided the maximum eligible award subject to the requirements, caps and limitations of the program.

Mixed Use Parking Projects – Mixed use parking projects that do not generate tax revenues can qualify for tax credits that can be assigned to lenders for project financing. A tax credit of up to 100% of the parking component project costs and up to 40% (including additional tax credit amounts*) of the non-parking component project costs. Please note that aggregate tax credits available to qualified residential and mixed-use parking projects under ERG are limited to $718 million.

PROGRAM LIMITS

Commercial, Residential and Mixed Use Parking Projects

  • The developer seeking a grant or tax credit through this program is required to have  equity participation of at least 20% of the total project cost.

Commercial Projects

  • The term of each approved state redevelopment incentive grant agreement may extend for up to 20 years
  • The annual percentage amount of reimbursement shall not exceed an average of 75% of the annual incremental state revenues, and an average of 85% of the project’s annual incremental revenues in a GSGZ.

Residential Projects

  • If receiving tax credits, the term of each approved state redevelopment incentive grant agreement will be up to 10 years
  • If receiving tax credits,  the Minimum Total Project Cost of at least:
    • $17,500,000, if the project is located in a municipality with a population greater than 200,000 according to the latest federal decennial census (Two cities qualify under the latest federal decennial census data, from 2010 – Newark and Jersey City.) 
    • $10,000,000 if the project is a disaster recovery project or located in a municipality with a population less than 200,000 according to the latest federal decennial census
    • $5,000,000 if the project is in a GSGZ
  • Grant Limits – no grant amount can exceed the following limits:
    • $40,000,000 per project if located in:
      • Deep Poverty Pocket
      • Distressed Municipality
    • $20,000,000 per project if located in an ERG incentive area, and outside a Deep Poverty Pocket and Distressed Municipality
  • Residential projects are not subject to a net benefit analysis.


Residential and Mixed Use Projects

  • If receiving tax credits, the term of each grant is 10 years
  • Residential and mixed use parking projects are not subject to a net benefit analysis.

PROGRAM REQUIREMENTS

Commercial and Residential Projects

The redevelopment project must be located in a qualifying economic and redevelopment and grant incentive area (See Program Rules link below).

The developer must not have commenced any construction at the site of a proposed redevelopment project prior to submitting an application, except that if the NJEDA determines that the project would not be completed otherwise, or in the event the project is to be undertaken in phases, a developer may apply for phases for which construction has not yet commenced, subject to N.J.A.C. 19:31-4.6(a)2.

A project financing gap must exist.  ERG is an incentive for real estate development projects that have a financing gap, defined as having insufficient revenues to support the project debt service under a standard financing scenario.  It can also apply to projects that have a below market development margin or rate of return. The grant is not meant to be a substitute for conventional debt and equity financing, and applicants should generally have their primary debt financing in place before applying.  In order for a project to be approved, it needs to undergo a rigorous analysis of the sources and uses of funds, construction costs and projected revenues.  All of these metrics are compared to industry standard measures.

All projects must meet Green Building Requirements. For guidance on these program requirements, please click here. For questions regarding these requirements, please contact your NJEDA Business Development Officer. 

Any construction contracts associated with the project must use prevailing wage labor rates and meet affirmative action requirements.

The developer must submit satisfactory evidence of actual project costs, as certified by a certified public accountant and evidence of a permanent certificate of occupancy, or such other event evidencing project completion as set forth in the incentive agreement, prior to the first disbursement of funds under the agreement or issuance of the tax credit under the approval letter, as applicable.

Commercial Projects

All commercial projects are subject to an analysis to verify that the revenues the State will realize from the project will be greater than the incentive being provided and an Internal Rate of Return (IRR) Hurdle Rate model to determine a funding gap.  The Net Benefits analysis, developed by the NJEDA, utilizes employment statistics from current Regional Input-Output Modeling System II (RIMS II) data from the US Bureau Economic Analysis.

Pursuant to a net benefit analysis, the overall public assistance provided to the project will result in net benefits to the state.

There are no minimum Total Project Cost requirements under the commercial component of the ERG program.

Residential Projects

For any project consisting of newly-constructed residential units, the developer shall be required, pursuant to P.L. 2008, c. 46 (N.J.S.A. 52:27D-329.9) to reserve at least 20% of the residential units constructed for occupancy by low or moderate income households, as those terms are defined in section 4 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-304), with affordability controls as required under the rules of the Council on Affordable Housing, unless the municipality in which the property is located has received substantive certification from the council and such a reservation is not required under the approved affordable housing plan, or the municipality has been given a judgment of repose or a judgment of compliance by the court, and such a reservation is not required under the approved affordable housing plan.

All Applicants are required to submit an application via NJEDA’s online application located at https://application.njeda.com/. Applicants may apply to the NJEDA for a state incentive grant, and to the municipality for a local incentive grant.  Please note, prior to starting the online application, all applicants must consult with an NJEDA Business Development Officer.

ERG applications for residential projects must be submitted no later than July 1, 2016.

All applications for assistance under the ERG Program, including required attachments, must be submitted no later than June 30, 2019.

For residential projects, project must be completed with certificate of occupancy issued by July 28, 2019.

FEES**:

  • Application fee: $5,000
  • Full amount of direct costs of any analysis by a third party retained by the NJEDA
  • Approval fee: 0.5% due before NJEDA Board Approval, for commercial projects not to exceed $500,000 and for residential and mixed use parking projects not to exceed $300,000. The fee shall be refunded if the Authority does not approve the incentive grant or tax credit.
  • Issuance fee: 0.5%, for residential and mixed use parking projects receiving tax credits not to exceed $300,000 and due at the receipt of tax credit certificate and for all others (including commercial projects) not to exceed $500,000 and due at the execution of the incentive agreement
  • Servicing Fee: for residential and mixed use parking projects receiving tax credits, $2,500, due with the annual report.
  • Tax Credit Transfer or Pledge: $5,000 first request, $2,500 each additional request made annually.
  • Commercial Incentive Agreement Pledge or Assignment Fee: $2,500
  • Modification fee:  $5,000 (minor); $25,000 (major)
  • Extension Fee: $1,000 (delegated, first 6 months); $2,500 (Board action, second 6 months)
  • Fee for Termination  of Incentive to Receive New Incentive:  $5,000 (minor); $25,000 (major) 

Division of Taxation Tax Clearance Certificate required.  Certificates must be requested through the State of New Jersey’s Premier Business Services (PBS) portal online.

  • Under the Tax & Revenue Center, select Tax Services, then select Business Incentive Tax Clearance.
  • If the applicant’s account is in compliance with its tax obligations and no liabilities exist, the Business Incentive Tax Clearance can be printed directly through PBS.

Please note:  It is the applicant/client’s responsibility to maintain a current and clear tax clearance certificate.  If a current and clear certificate is not evidenced to NJEDA at time of closing, NJEDA will not proceed with closing.

** All fees are non-refundable unless otherwise noted

Projects utilizing NJEDA financial assistance for construction related costs are subject to state prevailing wage requirements.
 
Effective April 1, 2020 all construction contracts in which prevailing wage applies must provide proof of valid NJ Department of Labor Construction Registration Certification. Please email PWCR@dol.nj.gov if you have any questions about this requirement. Please be advised that a valid Contractor Registration Certificate is required to perform construction on this NJEDA financially assisted project.

PROGRAM GUIDE

QUESTIONS

For more information or to ask a specific question please send an email to customercare@njeda.com and a team member will reach out to you.

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