N.J. Admin. Code § 19:31M-1.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:31M-1.6 - Application submission requirements

(a) Each application to the Authority shall include the following information in an application format prescribed by the Authority:

1. Business information shall include the following:

i. The name of the business;

ii. The address of the business;

iii. The type of business;

iv. Principal products and services;

v. The contact person for this application;

vi. The New Jersey tax identification number;

vii. The Federal tax identification number;

viii. The total number of employees in New Jersey;

ix. The total number of years of operation in New Jersey including evidence that the business or a predecessor entity has been operating, in whole or in part, in this State for at least 10 years prior to the filing of the application;

x. A written certification by the chief executive officer, or equivalent officer for North American operations, stating that the business applying for this program is not in default with any other program administered by the State of New Jersey and that he or she has reviewed the application information submitted and that the representations contained therein are accurate;

xi. Unless excepted under N.J.A.C. 19:31M-1.3(c), certification that the availability of financial assistance from the State as provided in this program at the site proposed for approval is a material factor in the business' decision not to relocate outside of New Jersey and that the employees to be covered are at-risk of being relocated outside of the State, and instead, to undertake the project and to relocate the full-time jobs relating to the project in the State;

xii. Indication of whether the business has applied for other State tax benefits, including, but not limited to, the programs authorized pursuant to P.L. 2004, c. 65; and

xiii. Any other necessary and relevant information as determined by the Authority for a specific application.

2. Project information shall include the following:

i. An overall description of the proposed project;

ii. The current location(s) (address(es)) and number of employees for each site that is subject to this application;

iii. The location(s) employees will be relocated from and identify the location(s) employees will be relocated to as per this application. Include number of employees for all sites;

iv. A description of the quality of the full-time jobs retained, including, but not limited to, the salaries and benefits provided to retained full-time employees;

v. A description of any capital investments made by the business at the new business location;

vi. Identification of the site of the new business location and its consistency with the smart growth goals, strategies and policies of the State Development and Redevelopment Plan established pursuant to section 5 of P.L. 1985, c.398 (52:18A-200) or if the site is outside the jurisdiction of the State Plan, evidence of approval under the applicable comprehensive management plan;

vii. A project schedule that identifies projected move dates for each site;

viii. A schedule of short-term and long-term employment projections of the business in the State based upon the relocation;

ix. The terms of any lease agreements, either existing or proposed, or details of the purchase or building of the new business location;

x. An estimate of the projected retained State tax revenues resulting from the relocation. "State tax revenue" includes all taxes which for the business are due and paid to the State, including, but not limited to, the payroll withholding taxes. This term does not include that portion of taxes for which it is simply a registered collection agent;

xi. A description of employment, construction and related economic activity in order to inform the net benefit analysis and calculation of a bonus, if applicable;

xii. A description of the type of contribution the business can make to the long-term growth of the State's economy and a description of the potential impact on the State's economy if the jobs are not retained;

xiii. Unless excepted pursuant to N.J.A.C. 19:31M-1.3(c), evidence of alternative relocation plans, such as an analysis of the cost effectiveness of remaining in this State versus relocation under the alternative plans; and

xiv. Any other necessary and relevant information as determined by the Authority for a specific application.

3. The employee information shall include the following:

i. A written certification that the employees that are the subject of this application are full-time employees and receive health care benefits;

ii. The number of employees at the project site that will be included in a BEIP grant calculation and the New Jersey Economic Development Authority BEIP project identification number;

iii. Evidence of the applicant's potential relocation to another site within New Jersey, if the applicant is a BEIP grantee; and

iv. Any other necessary and relevant information as determined by the Chief Executive Officer for a specific application.

N.J. Admin. Code § 19:31M-1.6

Amended by R.2010 d.178, effective 8/16/2010.
See: 42 N.J.R. 904(a), 42 N.J.R. 1900(b).
Deleted (b).
Recodified from N.J.A.C. 12A:2-1.6 and amended by R.2010 d.231, effective 10/18/2010.
See: 42 N.J.R. 1495(b), 42 N.J.R. 2436(a).
In the introductory paragraph of (a), substituted "Authority" for "Commission" twice; in (a)1xi and (a)2xiii, updated the N.J.A.C. references; in (a)1xiii, (a)2xiv and (a)3v, substituted "Chief Executive Officer" for "Secretary"; in (a)3iii, deleted "that the New Jersey Economic Development Authority has been notified" following "Evidence"; and deleted (b).
Amended by R.2011 d.208, effective 8/1/2011.
See: 43 N.J.R. 1192(a), 43 N.J.R. 1900(a).
In (a)1xi, inserted "and that the employees to be covered are at-risk of being relocated outside of the State"; added new (a)1xii; recodified former (a)1xii and (a)1xiii as (a)1xiii and (a)1xiv; in (a)1xiv, substituted "Authority" for "Chief Executive Officer"; in (a)2ix, inserted ", either existing or proposed,"; rewrote (a)2xi; in (a)2xiv, substituted "Authority" for "Chief Executive Officer"; in (a)3iii, inserted "and" at the end; deleted former (a)3iv; and recodified former (a)3v as (a)3iv.
Amended by R.2012 d.118, effective 6/18/2012.
See: 44 N.J.R. 434(a), 44 N.J.R. 1784(c).
Rewrote (a)1x; deleted former (a)1xii; and recodified (a)1xiii through (a)1xiv as (a)1xii through (a)1xiii.

Recodified from 19:31-14.6 56 N.J.R. 807(a), effective 5/6/2024