N.J. Admin. Code § 19:31S-1.5

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

Section 19:31S-1.5 - Application submission requirements

(a) Each application to the Authority made by a business that is an owner or tenant shall include the following information in an application format prescribed by the Authority:

1. Business information, including information on all affiliates contributing either full-time employees or capital investment or both to the project, shall include the following:

i. The name of the business;

ii. The contact information of the business;

iii. Prospective future address of the business (if different);

iv. The type of the business;

v. Principal products and services and three-digit North American Industry Classification System number;

vi. The New Jersey tax identification number;

vii. The Federal tax identification number;

viii. The total number of employees in New Jersey at the time of application and in the last tax period prior to the application;

ix. The total list of New Jersey operations;

x. A written certification by the chief executive officer, or equivalent officer for North American operations, stating that the business applying for the 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. Disclosure of legal matters in accordance with the Authority debarment and disqualification rules at N.J.A.C. 19:30-2;

xii. Submission of a tax clearance certificate, pursuant to P.L. 2007, c. 101;

xiii. A list of all the development subsidies, as defined at P.L. 2007, c. 200, that the applicant is requesting or receiving, the name of the granting body, the value of each development subsidy, and the aggregate value of all development subsidies requested or received. Examples of development subsidizes are tax benefits from programs authorized pursuant to P.L. 2004, c. 65, P.L. 1996, c. 26, and P.L. 2002, c. 43; and

xiv. 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. A description of the capital investments planned by the business, if other than a tenant at the proposed qualified wind energy facility, or, if the business is a tenant, represented by the leased area of the business, at the proposed qualified wind energy facility;

iii. The estimated value of the capital investment;

iv. A certification by the chief executive officer, or equivalent officer for North American operations, of the business, with supporting evidence, that the State's financial support of the proposed capital investment in a qualified wind energy facility will yield a net positive economic benefit in the amount required at N.J.A.C. 19:31S-1.3(c), taking into account the criteria listed at N.J.A.C. 19:31S-1.7(c). The applicant may be required to submit any other information required by the Authority to conduct an analysis of the economic impact of the project;

v. Identification of the site of the proposed qualified wind energy facility, including the block and lot of the site as indicated upon the local tax map or other documentation acceptable to the Authority;

vi. A project schedule that identifies projected move dates for the proposed qualified wind energy facility;

vii. A schedule of short-term and long-term employment projections of the business in the State, taking into account the proposed project;

viii. The terms of any lease agreements (including, but not limited to, information showing net leasable area by the business if a tenant and total net leasable area; or if the business is an owner, information showing net leasable area not leased to tenants and total net leasable area) and/or details of the purchase or building of the proposed project facility;

ix. The total number of anticipated new full-time employees that would be created in New Jersey, for each of the years of the eligibility period, and that would occupy the qualified wind energy facility, and the total number of full-time employees that would occupy the qualified wind energy facility, and the distribution of such totals identified by business entity;

x. The total number of anticipated new full-time positions that would be created in New Jersey through any equipment supply coordination agreement and the projected length of time the agreement(s) will be in effect;

xi. Any plans to hire and train local residents, including, specifically, residents of the municipality, and to contribute to the local economy and community; and

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

3. Employee information shall include the following:

i. A written certification that the employees that are the subject of this application will be new full-time employees as defined in the Program;

ii. The average annual wage and benefit rates of full-time employees and new full-time positions at the qualified wind energy facility;

iii. To the extent a tenant other than the business is meeting the employment requirement in the qualified wind energy facility, a submission from the tenant relating to (a)3i above;

iv. Evidence that the applicant has provided the application information required by the State Treasurer for a development subsidy such as the tax credits, pursuant to P.L. 2007, c. 200; and

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

4. A list of all affiliates that are directly or indirectly controlled by the business, and the total number of full-time employees in New Jersey of each affiliate at the time of application and in the last tax period prior to the credit amount approval.

(b) A developer may apply to have a building approved as a qualified wind energy facility by submitting the information required pursuant to (a)2i, ii, iii, and v above. Any tenant seeking an approval of tax credits for a qualified wind energy facility so approved will be required to submit the information required pursuant to (a)1, 2iv, 2vi through xii, 3, and 4 above.

(c) The business applying to the Program shall submit an application fee as set forth at N.J.A.C. 19:31S-1.6.

N.J. Admin. Code § 19:31S-1.5

Amended by R.2021 d.131, effective 11/15/2021.
See: 53 N.J.R. 1347(a), 53 N.J.R. 1922(a).
In (a)1xiii, inserted "and" at the end; deleted former (a)1xiv and recodified former (a)1xv as (a)1xiv; in (a)2ix, substituted "employees" for "positions", and substituted ", for each of the years of the eligibility period, and that would" for "and".

Recodified from 19:31-20.5 56 N.J.R. 807(a), effective 5/6/2024