Bill Text: NJ S248 | 2020-2021 | Regular Session | Amended


Bill Title: Requires NJHMFA to allocate certain portion of federal low-income housing tax credits to certain high-opportunity areas.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-03-05 - Received in the Assembly, Referred to Assembly Housing Committee [S248 Detail]

Download: New_Jersey-2020-S248-Amended.html

[First Reprint]

SENATE, No. 248

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Senator  TROY SINGLETON

District 7 (Burlington)

 

Co-Sponsored by:

Senator Rice

 

 

 

 

SYNOPSIS

     Requires NJHMFA to allocate certain portion of federal low-income housing tax credits to certain high-opportunity areas.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Community and Urban Affairs Committee on February 13, 2020, with amendments.

  


An Act concerning the low-income housing tax credit program and supplementing P.L.1983, c.530 (C.55:14K-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Provided that the agency receives a sufficient number of eligible applications, the agency shall reserve not less than 30 percent of the annual allocation of low-income housing tax credits 1through the family cycle and the senior cycle1 for qualified projects 1that meet a court-settled fair share plan or are subject to a requirement to begin construction under a specific performance clause, and which are1 located within:

     (1)   a high-performing school district 1if the tax credit is awarded through the family cycle1;

     (2)   a census tract with a poverty rate below the State average;

     (3)   one-half mile of public transportation 1, or alternatively, if the tax credit is awarded through the senior cycle, the project could instead commit to providing transportation for residents no fewer than two days per week1; and

     (4)   1[one-half mile of not less than three of the following facilities, or within]1 three miles of not less than 1[six] half1 of the following 1applicable1 facilities:

     (a)   a full-service grocery store or supermarket;

     (b)   a hospital or medical clinic;

     (c)   a public school 1if the tax credit is awarded through the family cycle1;

     (d)   a licensed day care service provider 1if the tax credit is awarded through the family cycle1;

     (e)   a Family Success Center operated by the Division of Family and Community Partnerships in the Department of Children and Families 1if the tax credit is awarded through the family cycle1;

     (f)   a One Stop Career Center;

     (g)   a pharmacy;

     (h)   a department or retail merchandise store;

     (i)    a bank or credit union;

     (j)    a restaurant, not including a fast-food restaurant;

     (k)   an indoor public recreation facility, including, but not limited to, a civic center, community center, or library;

     (l)    an outdoor public recreation facility, including, but not limited to, a park or swimming pool;

     (m)  a medical office, including, but not limited to, the office of a licensed physician, dentist, or optometrist;

     (n)   a religious institution;

     (o)   a post office, city hall, or county courthouse; or

     (p)   a fire or police station.

     b.    1(1)  If a low-income housing tax credit is awarded through the senior cycle pursuant to subsection a. of this section, and the qualified project has committed to providing transportation for residents no fewer than two days per week, then following the completion of the project, the owner or operator of the project shall annually certify with the agency that such transportation is provided.  If the agency determines that the qualified project fails to provide such transportation, then the owner or operator of the project shall be liable for payment of a penalty in an amount determined by the executive director of the agency. 

     (2)   Any penalty imposed pursuant to this subsection shall be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in connection with this subsection.

     c.1   As used in this section:

     "High-performing school district" means a public school district in which not less than 40 percent of the students meet or exceed expectations in math and language arts based on the Grade 4 Partnership for Assessment of Readiness for College and Careers assessment, or any successor assessment method established by the Department of Education.

     "Hospital" means a general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     "Low-income housing tax credit" means the tax credits allocated to the State pursuant to section 42 of the federal Internal Revenue Code (26 U.S.C. s.42).

     "One Stop Career Center" means any of the facilities established, sponsored or designated by the State, a political subdivision of the State and a Workforce Investment Board in a local area to coordinate or make available State and local programs providing employment and training services or other employment-directed and workforce development programs and activities, including job placement services, and any other similar facility as may be established, sponsored or designated at any later time to coordinate or make available any of those programs, services or activities.

     "Poverty rate" means the percentage of households having income, adjusted for household size, below the federal poverty line established and adjusted pursuant to section 2 of the "Community Services Block Grant Act," (42 U.S.C. s.9902).

     "Public transportation" means any mode of transit available to the general public with fixed fares and daily scheduled service, without seasonal interruption, which shall at minimum operate Monday through Friday and provide regularly scheduled service during the period between 6:30 A.M. and 9:30 A.M. and the period between 3:00 P.M. and 6:00 P.M.

 

     2.    This act shall take effect immediately but shall remain inoperative until the next allocation of low-income housing tax credits immediately following the date of enactment.

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