N.J. Admin. Code § 19:31Z-1.11

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

Section 19:31Z-1.11 - Reporting requirements: progress reports and annual reports

(a) The developer shall submit progress reports to the Authority and Department every six months starting at six months from Board approval and ending upon issuance of a certification of completion of remediation by the Department and, unless otherwise determined by the Authority and Department, shall consist of:

1. A remediation schedule, including any updates;

2. A summary of remediation completed during the reporting period, remediation in progress, and remediation to be completed for the next reporting period;

3. The status of permits, if applicable;

4. Photos documenting progress of the redevelopment project;

5. Identification of the percentage of the redevelopment project that is completed, including a narrative that speaks to the redevelopment project progress for all aspects of the redevelopment project;

6. Changes to key personnel, developer ownership, and the identity and ownership of any affiliates involved with the redevelopment project;

7. Remediation costs incurred as evidenced by a paid invoice as proof of payment with any change orders; and

8. Additional information, as required by the Authority or the Department.

(b) A developer approved for a tax credit award shall submit an annual report, beginning on the date of approval by the Board until the submission of documents evidencing the completion of the redevelopment project. The Authority may provide any information in the annual report to the Department.

1. The annual report shall consist of:

i. A certification indicating whether or not the developer is aware of any condition, event, or act, which would cause the developer not to be in compliance with the approval, the redevelopment agreement, this Act, or this subchapter;

ii. A certification indicating that the redevelopment project does not violate any environmental law requirements, including, but not limited to, the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13;

iii. A tax clearance certificate, as described in section 1 at P.L. 2007, c. 101 (N.J.S.A. 54:50-39) for the developer;

iv. A certification from the developer that it has not modified the redevelopment project, so that it ceases to meet the requirements of the redevelopment agreement;

v. A certification from the developer that any contractors or subcontractors performing work at the redevelopment project: are registered as required by the Public Works Contractor Registration Act, P.L. 1999, c. 238 (N.J.S.A. 34:11-56.48 et seq.); have not been debarred by the Department of Labor and Workforce Development from engaging in or bidding on Public Works Contracts in New Jersey; and possess a tax clearance certificate issued by the Division of Taxation in the Department of the Treasury;

vi. If applicable, satisfactory evidence that the developer complies with the labor harmony agreement requirement pursuant to N.J.A.C. 19:31Z-1.9(d);

vii. For a redevelopment project that includes redevelopment after completion of the remediation required for the redevelopment project, a narrative of the progress of the construction and other activities of the redevelopment project; and changes to key personnel, developer ownership, and the identity and ownership of any affiliates involved with the redevelopment project; and

viii. Any information determined by the Authority to be necessary and relevant to its review.

2. The Authority's review of the annual reports required from a developer shall include confirmation with the Department of Labor and Workforce Development, the Department of Environmental Protection, and the Department of the Treasury that the developer 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.

3. Upon receipt, review, and acceptance of each annual report submitted, the Authority shall provide to the developer a letter indicating acceptance.

(c) The developer, or an authorized agent of the developer, shall certify that the information in any annual reporting requirement established pursuant to this section is true, correct, and accurate under the penalty of perjury.

(d) The Authority and the Department reserve the right to audit any of the representations made and documents submitted in any annual reporting requirement established pursuant to this section.

(e) The Authority may extend, in individual cases, the deadline for any annual reporting requirement established pursuant to this section.

N.J. Admin. Code § 19:31Z-1.11

Recodified from 19:31-27.11 56 N.J.R. 807(a), effective 5/6/2024