SENATE, No. 1949
STATE OF NEW JERSEY
ADOPTED NOVEMBER 15, 2010
Senator STEPHEN M. SWEENEY
District 3 (Salem, Cumberland and Gloucester)
Senator THOMAS H. KEAN, JR.
District 21 (Essex, Morris, Somerset and Union)
Senators Greenstein, Allen, Gordon, Ruiz, Stack, Sarlo, Cunningham, Van Drew and Beach
Provides partial sales tax exemption for energy and utility service to certain manufacturers.
CURRENT VERSION OF TEXT
Substitute as adopted by the Senate Environment and Energy Committee.
An Act concerning sales of energy and utility service, and supplementing P.L.1966, c.30 (C.54:32B-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Retail sales of energy and utility service to a business facility are exempt to the extent of 50% of the tax imposed under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.) for a business that certifies:
(1) at least 50 people are employed at the facility;
(2) at least 50% of those employed at the facility are directly employed in a manufacturing process; and
(3) the energy and utility services are consumed exclusively at that facility.
b. A business facility that meets the requirements of paragraphs (1), (2) and (3) of subsection a. of this section may file an application for the energy and utility service sales tax exemption with the Executive Director of the New Jersey Economic Development Authority. The Executive Director of the New Jersey Economic Development Authority shall process the application within 20 business days of receipt thereof. An exemption shall commence for a business upon notice of approval of its application and shall expire for any year in which the business fails to meet the requirements of paragraphs (1), (2) or (3) of subsection a. of this section. Upon approval of the application, the Executive Director of the New Jersey Economic Development Authority shall provide prompt notice to the applicant, the Director of the Division of Taxation in the Department of the Treasury, and the President of the Board of Public Utilities. The Executive Director of the New Jersey Economic Development Authority annually shall provide the director and the president with a list of all businesses that have been approved for the exemption pursuant to this section.
2. The Executive Director of the New Jersey Economic Development Authority shall develop an application form, and shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the provisions of this act.
3. Section 1 this act shall take effect on the first day of the second month next following the date of enactment, and the remainder of this act shall take effect immediately.