Proposed New Rules / Amendments

Emerge Program
Proposed Repeal and New Rule: N.J.A.C. 19:31-22.16  
Proposed Amendments: N.J.A.C. 19:31-22.1 through 22.11, 22.14, and 22.15

The NJEDA is proposing amendments to the rules implementing the Emerge program pursuant to recently enacted statutory revisions in P.L. 2021, c. 160 (approved July 2, 2021). In accordance with the New Jersey Economic Recovery Act of 2020, P.L. 2020, c. 156, the NJEDA specially adopted and concurrently proposed the Emerge program rules on May 20, 2021, and adopted the concurrently proposed rules on December 15, 2021, as simultaneously noticed along with these proposed amendments. Under the New Jersey Economic Recovery Act of 2020, the Emerge Program Act, sections 68 through 81 of P.L. 2020, c. 156, was established to encourage economic development in the State’s priority sectors by providing per-job tax credits for up to seven years. To be eligible for the program, a project must meet various eligibility criteria at application and at project certification, including:  

● Be located in a qualified incentive area;  

● Meet minimum capital investment requirements, except for small businesses;  

● Yield a net positive benefit to the State of at least 400 percent of the requested tax credit (projects in certain more highly distressed areas of the State are subject to a lower net positive benefit threshold);  

● Demonstrate that the award of the tax credit is a “material factor” in the decision to create or retain at least the minimum number of full-time jobs in New Jersey;  

● Ensure that at least 80 percent of incented employees’ work time is spent in New Jersey;  

● Ensure that the qualified business facility can accommodate at least 50 percent of incented new jobs, and to receive tax credits for retained jobs, the qualified business facility must accommodate all the retained full-time jobs at the time of application; and  

● Commit to stay at the qualified business facility for 1.5 times the eligibility period.  


Technology Business Tax Certificate Transfer Program
Proposed Amendments: N.J.A.C. 19:31-12.1, 12.2, 12.4, 12.5, and 12.7
The NJEDA is proposing amendments to the Technology Business Tax Certificate Transfer Program to implement certain policy and statutory revisions pursuant to the recently enacted New Jersey Economic Recovery Act of 2020, P.L. 2020, c. 156, and P.L. 2021, c. 160.


Aspire
Specially Adopted and Concurrently Proposed New Rules: N.J.A.C. 19:31-23
In accordance with P.L. 2020, c. 156, the New Jersey Economic Development Authority has adopted the following new rules to implement the provisions of the New Jersey Economic Recovery Act of 2020, establishing the New Jersey Aspire Program Act, sections 54 through 67 of P.L. 2020, c. 156, as amended by P.L. 2021, c. 160. The new rules became effective on November 15, 2021, upon acceptance for filing by the Office of Administrative Law. The specially adopted new rules shall be effective for a period not to exceed 180 days from the date of filing, that is, until May 14, 2022. Concurrently, the provisions of the new rules are being proposed for readoption in accordance with the normal rulemaking requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. As the NJEDA has filed this notice of readoption before May 14, 2022, the expiration date is extended 180 days to November 10, 2022, pursuant to N.J.S.A. 52:14B-5.1.c. The concurrently proposed new rules will become effective and permanent upon acceptance for filing by the Office of Administrative Law (see N.J.A.C. 1:30-6.4(f)), if filed on or before November 10, 2022. The NJEDA has provided as 60-day comment period on this notice of concurrent proposal, therefore, this notice is excepted from the rulemaking calendar requirement, pursuant to N.J.A.C. 1:30-3.3(a)5.  

Innovation Challenge Program
Notice of Funding Availability
The Innovation Challenge Program provides grants of up to $ 100,000 each to communities for economic development plans to catalyze planning and key investments to position their city and region to augment their innovation ecosystem.

21st Century Redevelopment Program
Notice of Funding Availability
The 21st Century Redevelopment Program provides grants of up to $ 50,000 each to eligible redevelopment agencies, municipalities, or counties to develop, or accelerate the implementation of, plans for repurposing or removing “stranded assets” in their communities.

Retail Fuel Station – Energy Resiliency Program
Notice of Funding Availability
The NJEDA hereby announces the anticipated availability of Retail Fuel Station – Energy Resiliency Program monies funded under the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP). Under this program, the NJEDA will offer grants for the purpose of enhancing the operational resiliency of retail fuel stations Statewide from future electric power outages by incentivizing the permanent installation of back-up electric generator “quick-connects” and/or fixed back-up electric generators to the fuel pumps at eligible retail fuel stations.

Superstorm Sandy Recovery Grants and Loans – Energy Resilience Bank Program
Notice of Funding Availability
The NJEDA announces the availability of Community Development Block Grant-Disaster Recovery (CDBG-DR) funds appropriated pursuant to the Federal Disaster Relief Appropriations Act, 2013 (Public Law 113-2) for the purpose of assisting economic recovery from damage caused by Superstorm Sandy. The NJEDA, jointly with the New Jersey Board of Public Utilities (BPU), will administer $ 200 million of the CDBG-DR funds allocated by the U.S. Department of Housing and Urban Development (HUD) to New Jersey to continue to support the State’s recovery. These funds will be used to implement the Energy Resilience Bank Program. Under this program developed jointly with the BPU, the NJEDA will offer grants, forgivable loans, and amortized loans for the purpose of facilitating recovery and funding the unmet capital needs of eligible, impacted wastewater treatment plants and water treatment plants.