S3675

An Act providing for grants to certain individuals and businesses impacted by certain public highway projects, designated as the Road to Relief Act, 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 commuter, full-time employee, or 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).

“Commuter” means an individual who is a resident of this State and who is required to commute to and from the individual’s workplace, which workplace is located within this State.

“Full-time employee” means an individual who is employed by a small business for at least 35 hours per week at a wage no less than the State minimum wage.

“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.

“Transportation day” means a calendar day during which a commuter, full-time employee, or retail business establishment incurs transportation expenses.

“Transportation expenses” means the costs incurred by: a commuter for transportation between the commuter’s home and workplace; a full-time employee of a retail business establishment for transportation between the commuter’s home and the retail business establishment; and a retail business establishment for the transportation of goods, or the provision of services, necessary for the day-to-day operation of the retail business establishment.

2. a. The authority shall establish and administer a grant program to provide financial assistance to reimburse the costs of increased transportation expenses incurred during a relief period as a direct result of a public highway project by:

(1) a commuter whose commute is located, in whole or in part, within an impacted construction zone, and whose commute is affected by the public highway project;

(2) a full-time employee of a retail business establishment that operates within an impacted construction zone, and whose commute is affected by the public highway project; and

(3) a retail business establishment that operates within an impacted construction zone.

b. An applicant seeking a grant pursuant to this section shall submit an application 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 commuter, full-time employee, or retail business establishment that meets the criteria set forth in subsection a. of this section;

(2) documentation of the transportation expenses regularly incurred by the applicant prior to the relief period, which documentation shall demonstrate the transportation expenses incurred during a period containing an equal number of transportation days to the period for which a grant is sought pursuant to this section; and

(3) documentation of the increased transportation 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 transportation 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 transportation expenses incurred by the applicant during the relief period as a direct result of the public highway project, and the transportation 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 transportation expenses for an equal number of transportation 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 director 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 subsection 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, which is designated as the “Road to Relief Act,” requires the New Jersey Economic Development Authority (EDA) to establish and administer a grant program to provide financial assistance to reimburse certain commuters, full-time employees, and retail business establishments for the cost of any increased transportation expenses incurred due to a public highway project.

Under the bill, the grant program is to reimburse the following persons for an increase in transportation expenses incurred during a relief period: (1) a commuter whose commute is located, in whole or in part, within an impacted construction zone, and whose commute is affected by the public highway project; (2) a full-time employee of a retail business establishment operating within a construction zone, and whose commute is affected by the public highway project; and (3) a retail business establishment operating within an impacted construction zone.

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 commuter, full-time employee, or retail business establishment that is qualified under the grant program; (2) documentation of the transportation expenses regularly incurred by the applicant prior to the relief period; and (3) documentation of the increased transportation expenses incurred by the applicant during the relief period as a direct result of the public highway project. An applicant’s documentation of transportation expenses prior to and during the relief period, respectively, is required to demonstrate the transportation expenses incurred by the applicant for an equal number of calendar 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 transportation expenses incurred by the applicant during the relief period as a direct result of the public highway project; and (2) the transportation expenses regularly incurred by the applicant prior to the relief period. These amounts are to represent the transportation expenses for an equal number of days during which an applicant incurred transportation expenses.

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.