S589

An Act establishing a grant program for business accelerator and incubator networks, supplementing P.L.1974, c.80 (C.34:1B-1 et seq.), and amending P.L.1999, c.23.

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

1. (New section) As used in sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):

“Advanced computing,” “advanced materials,” “information technology,” and “life sciences” shall have the same meaning as provided in section 2 of P.L.1997, c.349 (C.54:10A-5.29).

“Advanced technology center” means programs or departments at the State’s public and private institutions of higher education which are provided financial support from those institutions of higher education to promote innovative technology research and are established pursuant to law, including, but not limited to, P.L.1985, c.102 (C.52:9X-1 et seq.), P.L.1985, c.103 (C.18A:64J-1 et seq.), P.L.1985, c.104 (C.18A:64J-8 et seq.), P.L.1985, c.105 (C.18A:64J-15 et seq.), and P.L.1985, c.106 (C.18A:64J-22 et seq.).

“Angel investment” means the non-refundable transfer of cash to an incubator business by an established business that is not a related person of the incubator business, the transfer of which is in connection with either:

a. a transaction in exchange for stock, interests in partnerships or joint ventures, exclusive or non-exclusive licenses, rights to use technology, marketing rights, warrants, options, or any items similar to those included herein, including but not limited to options or rights to acquire any of the items included herein; or

b. a purchase, production, or research agreement.

“Authority” means the New Jersey Economic Development Authority established by section 4 of P.L.1974, c.80 (C.34:1B-4).

“Big data” shall have the same meaning as provided in section 1 of P.L.2014, c.33 (C.52:17C-3.4).

“Biotechnology,” “environmental technology,” “electronic device technology,” and “medical device technology,” shall have the same meaning as provided in section 2 of P.L.1996, c.26 (C.34:1B-125).

“Business accelerator or incubator” means an individual or network of business development facilities, consisting of the provision of low-cost space and technical assistance, for short-term occupancy, to an incubator business employing selected technologies congruent with the strengths of the State’s public and private institutions of higher education. A “business accelerator or incubator” may include, but not be limited to, an advanced technology center or a technology extension service.

“Grant program” means the “Business Accelerator and Incubator Network Grant Program” established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Incubator business” means a corporation, partnership, limited liability company, or sole proprietorship that is supported by private sources of capital, including, but limited to, private equity, angel investment, or venture capital that:

a. is in the formative stage of development;

b. is engaged in the design, development, and introduction of new biotechnology, information technology, re-manufacturing, advanced materials, processing engineering or electronic device technology products, or innovative manufacturing processes; and

c. meets any other requirements for an incubator business as the authority shall develop.

“Support services” means the provision of publicly or privately-supported, low-cost, short-term occupancy, rental space and technology extension services wherein financial and other types of business or technical assistance is provided to an incubator business by an a business accelerator or incubator.

“Technology extension service” means a program to accelerate the application and transfer of technological innovation by the State's public and private institutions of higher education to an incubator business, specifically to work with the State's incubator businesses to adapt these innovations to the requirements of individual business operations.

2. (New section) a. The authority shall establish and administer the “Business Accelerator and Incubator Network Grant Program” for the purpose of awarding grants to a business accelerator or incubator that provides support to incubator businesses that are located within a business accelerator or incubator in this State.

b. Grants may be made to a business accelerator or incubator in an amount as determined by the authority. The grant funds may be applied to:

(1) any aspect of the business accelerator or incubator that provides support to incubator businesses in the business accelerator or incubator as determined by the authority; or

(2) any aspect of an incubator business operating within the business accelerator or incubator.

c. In order to be eligible for a grant, a business accelerator or incubator at the time of application for program eligibility, shall provide proof that it is a business accelerator or incubator providing support to an incubator business that is in one of the following fields:

(1) clean energy or environmental technology;

(2) life sciences, biotechnology, or medical device technology;

(3) advanced materials, engineering, or manufacturing;

(4) supply chain, transportation, and logistics;

(5) big data, advanced computing, and digital technology;

(6) defense and homeland security; or

(7) food and agriculture.

d. A business accelerator or incubator and an incubator business seeking to participate in the grant program shall submit an application in a form and manner as the authority shall require. The application shall include information the authority determine is necessary to administer the grant program. An incubator business seeking to participate in the grant program shall submit to the authority documentation from the business accelerator or incubator hosting the incubator business that participation in the grant program will be a contributing factor towards the financial success of the incubator business.

e. The authority shall review and may approve an application for the grant program. The authority shall issue payment of the grant amount pursuant to a grant agreement with a business accelerator or incubator or an incubator business as the authority may determine and subject the approval of the agreement to the submission of proof by an approved grant applicant of the expenditures contributing to the success of an incubator business assisted by the business accelerator or incubator. A grantee who fails to comply with a grant agreement made as a condition of a grant award shall repay any grant amount received and, if so determined by the authority, shall pay a penalty not in excess of 10 percent of the grant amount.

3. (New section) a. The authority shall establish and maintain the “Business Accelerator and Incubator Network Grant Program” established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) with monies to be used by the authority for the purposes specified in P.L. , c. (C. ) (pending before the Legislature as this bill). Monies to be utilized by the grant program shall include, but not be limited to:

(1) societal benefits charge revenues collected by the Board of Public Utilities pursuant to section 12 of P.L.1999, c.23 (C.48:3-60), transferred to the authority pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), that the authority determines are necessary in response to the demand for the program, up to $1,000,000;

(2) monies as may be available to the authority from other business development programs administered by the authority or other State agencies or authorities, and which the authority determines to be necessary in light of the volume of applications from business accelerators or incubators and incubator businesses for grants under the grant program as necessary to implement the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(3) other monies as may be made available to the authority from public or private sources.

b. Monies in the grant program which are not allocated for current responsibilities of the grant program may be invested by the authority in any direct obligations as to which principal and interest are guaranteed by the United States of America or any other obligation deemed appropriate by the authority.

4. (New section) The authority shall prepare an annual report on the “Business Accelerator and Incubator Network Grant Program,” deliver the report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, and make the report available on the authority’s website. The report shall include the number of program applicants, the number and names of business accelerator or incubators and incubator businesses approved for the grant program, the types of incubator businesses located within business accelerator or incubators in the grant program, the total amount of grants distributed, the amount received per business accelerator or incubator and incubator business, and any other information as the authority determines is necessary to evaluate the progress of the grant program.

5. (New section) The authority may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be necessary to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. Section 12 of P.L.1999, c.23 (C.48:3-60) is amended to read as follows:

12. a. Simultaneously with the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of section 5 of [this act] P.L.1999, c.23 (C.48:3-53) and consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall permit each electric public utility and gas public utility to recover some or all of the following costs through a societal benefits charge that shall be collected as a non-bypassable charge imposed on all electric public utility customers and gas public utility customers, as appropriate:

(1) The costs for the social programs for which rate recovery was approved by the board prior to April 30, 1997. For the purpose of establishing initial unbundled rates pursuant to section 4 of [this act] P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be set to recover the same level of social program costs as is being collected in the bundled rates of the electric public utility on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.). The board may subsequently order, pursuant to its rules and regulations, an increase or decrease in the societal benefits charge to reflect changes in the costs to the utility of administering existing social programs. Nothing in [this act] P.L.1999, c.23 (C.48:3-49 et al.) shall be construed to abolish or change any social program required by statute or board order or rule or regulation to be provided by an electric public utility. Any such social program shall continue to be provided by the utility until otherwise provided by law, unless the board determines that it is no longer appropriate for the electric public utility to provide the program, or the board chooses to modify the program;

(2) Nuclear plant decommissioning costs;

(3) The costs of demand side management programs that were approved by the board pursuant to its demand side management regulations prior to April 30, 1997. For the purpose of establishing initial unbundled rates pursuant to section 4 of [this act] P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be set to recover the same level of demand side management program costs as is being collected in the bundled rates of the electric public utility on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.). Within four months of the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.), and every four years thereafter, the board shall initiate a proceeding and cause to be undertaken a comprehensive resource analysis of energy programs, and within eight months of initiating such proceeding and after notice, provision of the opportunity for public comment, and public hearing, the board, in consultation with the Department of Environmental Protection, shall determine the appropriate level of funding for energy efficiency and Class I renewable energy programs that provide environmental benefits above and beyond those provided by standard offer or similar programs in effect as of the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.); provided that the funding for such programs be no less than [50%] 50 percent of the total Statewide amount being collected in [public] electric and gas public utility rates for demand side management programs on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.) for an initial period of four years from the issuance of the first comprehensive resource analysis following the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.), and provided that [25%] 25 percent of this amount shall be used to provide funding for Class I renewable energy projects in the State. In each of the following fifth through eighth years, the Statewide funding for such programs shall be no less than 50 percent of the total Statewide amount being collected in [public] electric and gas public utility rates for demand side management programs on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.), except that as additional funds are made available as a result of the expiration of past standard offer or similar commitments, the minimum amount of funding for such programs shall increase by an additional amount equal to 50 percent of the additional funds made available, until the minimum amount of funding dedicated to such programs reaches $140,000,000 total. After the eighth year, the board shall make a determination as to the appropriate level of funding for these programs. [Such] The demand side management programs shall include a program to provide financial incentives for the installation of Class I renewable energy projects in the State, and the board, in consultation with the Department of Environmental Protection, shall determine the level and total amount of such incentives as well as the renewable technologies eligible for such incentives which shall include, at a minimum, photovoltaic, wind, and fuel cells. The board shall simultaneously determine, as a result of the comprehensive resource analysis, the programs to be funded by the societal benefits charge, the level of cost recovery and performance incentives for old and new programs, and whether the recovery of demand side management programs' costs currently approved by the board may be reduced or extended over a longer period of time. The board shall make these determinations taking into consideration existing market barriers and environmental benefits, with the objective of transforming markets, capturing lost opportunities, making energy services more affordable for low income customers, and eliminating subsidies for programs that can be delivered in the marketplace without electric public utility and gas public utility customer funding;

(4) Manufactured gas plant remediation costs, which shall be determined initially in a manner consistent with mechanisms in the remediation adjustment clauses for the electric public utility and gas public utility adopted by the board; [and]

(5) The cost, of consumer education, as determined by the board, which shall be in an amount that, together with the consumer education surcharge imposed on electric power supplier license fees pursuant to subsection h. of section 29 of [this act] P.L.1999, c.23 (C.48:3-78) and the consumer education surcharge imposed on gas supplier license fees pursuant to subsection g. of section 30 of [this act] P.L.1999, c.23 (C.48:3-79), shall be sufficient to fund the consumer education program established pursuant to section 36 of [this act] P.L.1999, c.23 (C.48:3-85); and

(6) The costs of the “Business Accelerator and Incubator Network Grant Program,” of an amount up to $1,000,000, as determined to be appropriate by the New Jersey Economic Development Authority, for transfer to the authority for the purposes established in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. There is established in the [Board of Public Utilities] board a nonlapsing fund to be known as the "Universal Service Fund." The board shall determine: the level of funding and the appropriate administration of the fund; the purposes and programs to be funded with monies from the fund; which social programs shall be provided by an electric public utility as part of the provision of its regulated services which provide a public benefit; whether the funds appropriated to fund the "Lifeline Credit Program" established pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.), the "Tenants' Lifeline Assistance Program" established pursuant to P.L.1981, c.210 [(C.48:2-29.31 et seq.)] (C.48:2-29.30 et seq.), the funds received pursuant to the Low Income Home Energy Assistance Program established pursuant to 42 U.S.C. s.8621 et seq., and funds collected by electric and [natural] gas public utilities, as authorized by the board, to offset uncollectible electricity and natural gas bills should be deposited in the fund; and whether new charges should be imposed to fund new or expanded social programs.

(cf: P.L.1999, c.23, s.12)

7. This act shall take effect immediately and shall expire six years thereafter.

STATEMENT

This bill directs the New Jersey Economic Development Authority (authority) to establish and administer the “Business Accelerator and Incubator Network Grant Program” (program) for the purpose of awarding grants to an individual or network of business accelerators or incubators that provide support to incubator businesses that are located within a business accelerator or incubator in this State. Grants may be made to a business accelerator or incubator in an amount as determined by the authority. Grant funds may be applied to: 1) any aspect of the business accelerator or incubator that provides support to incubator businesses in the business accelerator or incubator as determined by the authority; or 2) any aspect of an incubator business operating within the business accelerator or incubator.

The bill requires that, in order to be eligible for a grant, a business accelerator or incubator, at the time of application, is to provide proof that it is a business accelerator or incubator providing support to an incubator business that is in one of the following fields: 1) clean energy or environmental technology; 2) life sciences, biotechnology, or medical device technology; 3) advanced materials, engineering, or manufacturing; 4) supply chain, transportation, and logistics; 5) big data, advanced computing, and digital technology; 6) defense and homeland security; or 7) food and agriculture.

A business accelerator or incubator seeking to participate in the program is to submit an application in a form and manner as the authority requires and include information the authority determines is necessary to administer the program. The authority is to review and may approve an application for the grant program. The authority is to issue payment of a grant pursuant to a grant agreement as the authority may determine and subject the approval of the grant agreement to the submission of proof by an approved applicant of the expenditures contributing to the success of an incubator business assisted by the business accelerator or incubator. A grantee that fails to comply with a grant agreement made as a condition of a grant award is to repay any grant amount received and, if so determined by the authority, is to pay a penalty not in excess of 10 percent of the grant amount.

The authority is to establish and maintain the program with the following sources of funds: 1) societal benefits charge revenues collected by the Board of Public Utilities that the authority determines are necessary in response to the demand for the program, up to $1,000,000; 2) funds as may be available to the authority from other business development programs administered by the authority or other State agencies or authorities, and which the authority determines to be necessary in light of the volume of applications from business accelerator or incubators and incubator businesses for grants under the grant program as necessary to implement the bill; and 3) other monies as may be made available to the authority from public or private sources.

The bill requires the authority to prepare an annual report on the program, deliver the report to the Governor and the Legislature, and make the report available on the authority’s website. The report is to include the number of program applicants, the number and names of business accelerator or incubators and incubator businesses approved for the program, the types of incubator businesses located within business accelerator or incubators in the program, the total amount of grants distributed, the amount received per business accelerator or incubator and incubator business, and any other information as the authority determines is necessary to evaluate the progress of the grant program.

The program is to expire six years after its establishment upon the effective date of the bill.