Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Establishes “New Jersey Small Business Indoor Air Quality Management Support Program.”
CURRENT VERSION OF TEXT
As reported by the Senate Labor Committee on June 10, 2021, with amendments.
An Act establishing the “New Jersey Small Business Indoor Air Quality Management Support Program” and supplementing P.L.1974, c.80.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , (C. ) (pending before the legislature as this bill):
“Authority” means the New Jersey Economic Development Authority established by section 4 of P.L.1974, c.80 (C.34:1B-4).
“Department” means the New Jersey Department of Environmental Protection.
“Eligible small business” means a business entity that is independently owned and operated, operates primarily within this State, and has 100 or fewer full-time employees.
2. a. The authority shall maintain and administer a program for the purpose of providing loans to eligible small businesses for the improvement of indoor air quality. This program shall be known as the “New Jersey Small Business Indoor Air Quality Management Support Program.” The authority shall consult with the department in administering the program as it applies to indoor air quality standards.
b. The loan funds may be applied to any aspect of the eligible small business intended to improve indoor air quality, including, but not limited to, capital purchases, employee training, and salaries, as determined by the authority, for new positions.
c. In order to receive a loan, a business shall submit an application and, at the time of application, provide proof, as determined by the authority, that it qualifies as an eligible small business, as defined pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). Upon approval of a loan, an eligible small business shall enter into a loan agreement with the authority.
d. The authority shall review and may approve applications for the small business loan program.
e. A business seeking to participate in the small business loan program shall submit an application in a form as the authority shall require. The application shall include information the authority shall determine is necessary in consideration of the provisions of P.L.2011, c.123 (C.52:14B-21.1 et seq.).
f. Small business loans under this section shall be made pursuant to a small business loan agreement made pursuant to subsection c. of this section; bear interest at rates and terms deemed appropriate by the authority; and contain other terms and conditions considered appropriate by the authority that are consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The authority shall, to the greatest extent practicable, ensure that loans are provided at an affordable rate of interest.
g. The authority may, in its discretion, require an eligible small business that receives a loan under the small business loan program administered pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to submit an audited financial statement to the authority in order to ensure the business's continued vitality.
h. The authority may, either through the adoption of rules and regulations, or through the terms of the small business loan agreement made pursuant to subsection c. of this section, establish terms governing the incidence of default by an eligible small business that receives a small business loan under the program administered pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
i. The authority shall, to the greatest extent practicable, administer the program 1.
j. The authority shall require work performed using funds provided by the program to be performed by an organization certified by the Testing, Adjusting and Balancing Bureau, National Environmental Balancing Bureau, or the Associated Air Balance Council.1
3. a. Any business that has received a grant through the “New Jersey Small Business Indoor Air Quality Management Support Program” pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) may apply to the department for a New Jersey Small Business Indoor Air Quality Management Certification. A condition for the issuance of a certificate shall be the completion of a successful indoor air quality management inspection. This inspection shall be performed by the department and be based on the Indoor Air Quality Management Checklist promulgated by the United States Environmental Protection Agency. The commissioner, by rule and regulation, may establish additional requirements for certification that the commissioner determines to be reasonable and appropriate to further the purposes of this act.
b. To maintain certification, successful passage of an inspection based on the Indoor Air Quality Management Checklist shall be completed each year.
4. The authority shall adopt, pursuant to the Administrative Procedures Act P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary for the implementation of this act.
5. This act shall take effect on the 90th day after the date of enactment.