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A1635
ASSEMBLY, No. 1635
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
���� Establishes EDA grant program to support increased
business expenses incurred by certain businesses impacted by certain public
highway projects; appropriates $1 million.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
providing for grants to certain businesses impacted by
certain public highway projects, supplementing Title 34 of the Revised
Statutes, and making an appropriation.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in
P.L. ,
c. (C. )
(pending before the Legislature as this bill):
���� �Applicant� means a retail
business establishment seeking a grant pursuant to
P.L. ,
c. (C. )
(pending before the Legislature as this bill).
���� �Authority� means the New
Jersey Economic Development Authority, established pursuant to section 4 of
P.L.1974, c.80 (C.34:1B-4).
���� �Business day� means a
calendar day during which a retail business establishment incurs business
expenses.
���� �Business expenses� means the
costs incurred by a retail business establishment that are necessary for the
day-to-day operation of the retail business establishment.� �Business expenses�
may include, during a relief period, lost revenues, including, but not limited
to, profit loss due to the public highway project.
���� �Impacted construction zone�
means any area immediately surrounding a public highway project, within which
area the occurrence of the public highway project impedes or blocks the normal
and reasonable flow of traffic or otherwise restricts access to business
establishments located within the area.
���� �Public highway project� means
any infrastructure project that involves the construction, improvement, or
maintenance of a State, county, or municipal highway, road, or street,
including, but not limited to, the repair or reconstruction of any highway, road,
or street that has suffered serious damage as a result of a natural disaster or
catastrophic failure from any external cause.
���� �Relief period� means the
period of time between the date on which a public highway project commences and
the date on which the project concludes.
���� �Retail business
establishment� means a small business that maintains a fixed permanent location
where goods are exhibited or services are offered on an appointment or walk-in
basis.
���� �Small business� means a
business that has no more than 50 full-time employees, is independently owned
and operated, has its principal place of business in the State of New Jersey,
and is not delinquent or deficient with respect to the payment of any State
tax.
���� 2.��� a. The authority shall
establish and administer a grant program to provide financial assistance to
reimburse the costs of increased business expenses incurred during a relief
period as a direct result of a public highway project by a retail business
establishment that operates within an impacted construction zone.
���� b.��� An applicant seeking a
grant pursuant to this section shall apply to the authority in such form and
manner as the authority may require.� In addition to any other information or
documentation that the authority shall deem necessary, an application for a
grant pursuant to this section shall include:
���� (1)�� evidence that the
applicant is a retail business establishment that meets the criteria set forth
in subsection a. of this section;
���� (2)�� documentation of the
business expenses regularly incurred by the applicant prior to the relief
period, which documentation shall demonstrate the business expenses incurred
during a period containing an equal number of business days to the period for
which a grant is sought pursuant to this section; and
���� (3)�� documentation of the
increased business expenses incurred by the applicant during the relief period
as a direct result of the public highway project, which documentation shall
include the number and dates of business days for which a grant is sought pursuant
to this section.
���� c.���� The authority shall
review and approve applications for the grant program on a rolling basis,
subject to the availability of funds for the program.� Upon the approval of an
application, the authority shall issue a grant to the approved applicant in an
amount equal to the difference between the increased business expenses incurred
by the applicant during the relief period as a direct result of the public
highway project, and the business expenses regularly incurred by an applicant
prior to the relief period, as demonstrated to the authority�s satisfaction in
an application submitted pursuant to subsection b. of this section.� The
amounts used in the calculation of a grant award pursuant to this section shall
represent the business expenses for an equal number of business days prior to
and during the relief period.
���� d.��� To assist the authority
in the review of applications under this section, upon the commencement or
completion of a public highway project, the Commissioner of Transportation
shall provide written notice to the authority attesting to the commencement or
completion of the project, as applicable.� Within 30 days following the
effective date of P.L.��� , c.��� (C.������� ) (pending before the Legislature
as this bill), the commissioner shall provide written notice to the authority
attesting to each ongoing public highway project within the State.
���� 3.��� Notwithstanding the
provisions of the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.) to the contrary, the authority may adopt, immediately, upon filing
with the Office of Administrative Law, such rules and regulations as the authority
deems necessary to implement the provisions of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), which regulations shall be
effective for a period not to exceed 180 days from the date of the filing.�
Thereafter, the authority shall amend, adopt, or readopt any regulations issued
pursuant to this section in accordance with the requirements of the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.).
���� 4.��� There is appropriated $1,000,000
from the General Fund to the New Jersey Economic Development Authority to
support the costs of administering the grant program established pursuant to P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill).
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires the New
Jersey Economic Development Authority (EDA) to establish and administer a grant
program to provide financial assistance to reimburse retail business
establishments for the cost of any increased business expenses incurred due to
a public highway project.
���� Under the bill, the grant
program is to reimburse a retail business establishment operating within an
impacted construction zone for any increase in business expenses incurred
during a relief period.� The bill defines �relief period� to mean the period of
time between the date on which a public highway project commences and the date
on which the project concludes.� �Public highway project� means any
infrastructure project that involves the construction, improvement, or
maintenance of a State, county, or municipal highway, road, or street,
including, but not limited to, the repair or reconstruction of any highway,
road, or street that has suffered serious damage as a result of a natural
disaster or catastrophic failure from any external cause.� �Impacted construction
zone� means any area immediately surrounding a public highway project, within
which area the occurrence of the public highway project impedes or blocks the
normal and reasonable flow of traffic or otherwise restricts access to business
establishments located within the area.
���� In addition to any other
information or documentation that the EDA deems necessary, the bill requires an
application for a grant to include:� (1) evidence that an applicant is a retail
business establishment that is qualified under the grant program; (2)
documentation of the business expenses regularly incurred by the applicant
prior to the relief period; and (3) documentation of the increased business
expenses incurred by the applicant during the relief period as a direct result
of the public highway project.� An applicant�s documentation of business
expenses prior to and during the relief period, respectively, is required to
demonstrate the business expenses incurred by the applicant for an equal number
of business days.
���� The bill directs the EDA to
review and approve applications for the grant program on a rolling basis,
subject to the availability of funds for the program.� Upon the approval of an
application, the grant issued to an approved applicant is required to be in an
amount equal to the difference between:� (1) the increased business expenses
incurred by the applicant during the relief period as a direct result of the
public highway project; and (2) the business expenses regularly incurred by the
applicant prior to the relief period.� These amounts are to represent the
business expenses for an equal number of days during which an applicant
incurred business expenses.� Under the bill, �business expenses� means the
costs incurred by a retail business establishment that are necessary for the
day-to-day operation of the retail business establishment.� �Business expenses�
may include, during a relief period, lost revenues, including, but not limited
to, profit loss due to the public highway project.
���� To assist the authority in the
review of applications under the program, the bill requires the Commissioner of
Transportation to notify the EDA of the commencement or completion of public
highway projects.� The Commissioner of Transportation is also required to
notify the EDA of each ongoing public highway project within the State within
30 days after the bill�s effective date.
���� The bill appropriates $1
million to the EDA to support the costs of administering the grant program.