Bill Text: NJ A3772 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes no-interest loan program in EDA for businesses to construct unisex restrooms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-19 - Introduced, Referred to Assembly Commerce and Economic Development Committee [A3772 Detail]
Download: New_Jersey-2016-A3772-Introduced.html
Sponsored by:
Assemblywoman MARIA RODRIGUEZ-GREGG
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Establishes no-interest loan program in EDA for businesses to construct unisex restrooms.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a no-interest loan program for businesses to construct unisex restrooms and supplementing P.L.1974, c.80 (C.34:1B-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The lack of unisex restrooms in places of public accommodation has created an untenable situation in which residents of the State struggle to find businesses with restroom facilities that suit their needs, while also damaging businesses that do not have the financial means to provide an expensive accommodation needed by their customers.
b. The Legislature therefore determines it is in the best interest of the State to establish a no-interest loan program to provide businesses with the financial means to outfit their establishments with unisex restrooms to enhance the quality of life of individuals visiting and living in New Jersey.
2. As used in 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).
"Business" means any entity including, but not limited to, a for-profit or non-profit corporation, S corporation, limited liability company, partnership, limited liability partnership, and sole proprietorship, and shall include all entities related by common ownership or control.
"Chief executive officer" means the Chief Executive Officer of the New Jersey Economic Development Authority.
"Loan fund" means the "Unisex Restroom Construction Loan Fund," established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Loan program" means the "Unisex Restroom Construction Loan Program," established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Place of public accommodation" means any of the following, whether publicly or privately owned or operated on a for-profit or nonprofit basis, and which are generally accessible to the public with a maximum occupancy of more than 25 people: a commercial or other office building; an office or building owned, leased, or rented by the State or by a political subdivision of the State; restaurant; public library; museum or art gallery; theater or concert hall; stadium or other facility used for the holding of sporting events; shopping mall or retail store; health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); park or playground; or public transportation facility. A "place of public accommodation" shall not include any premises to which a child under three years of age is not permitted or authorized to have access.
"Unisex restroom" means a restroom that allows for individuals of either sex to use the facility simultaneously and is conspicuously signed as a unisex restroom.
3. a. The chief executive officer shall establish in the authority the "Unisex Restroom Construction Loan Program." The program shall provide no-interest loans to businesses for the construction of unisex restrooms in places of public accommodation. A unisex restroom constructed using funds obtained through the loan program shall comply with the barrier free subcode, adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), and the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), including any regulations adopted pursuant to that act.
b. A business seeking to participate in the loan program shall submit an application in such form as required by the chief executive officer. Such application shall include such information as the chief executive officer shall determine is necessary to administer the loan program.
c. The chief executive officer shall review and may approve an application for the loan program. The chief executive officer may utilize an expert in plumbing and accessibility to perform the review. The chief executive officer shall issue payment of the loan amount following the submission of proof by an approved applicant of the planned expenditures for the proposed unisex restroom project.
d. A loan issued pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall not exceed $15,000.
e. In order to receive a loan pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), a business shall enter into a loan agreement with the authority.
f. A loan agreement made pursuant to subsection e. of this section shall contain 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) and with rules and regulations promulgated by the authority to implement P.L. , c. (C. ) (pending before the Legislature as this bill).
g. The authority may, in its discretion, require a business that applies for a loan under the loan program to submit an audited financial statement to the authority in order to evaluate the business' ability to repay the loan. In addition, the authority, in its discretion, may require a business to secure a loan awarded through the loan program by personal property.
h. The authority may, either through the adoption of rules and regulations, or through the provisions of the loan agreement made pursuant to subsection e. of this section, establish terms governing the incidence of default by a business that receives a loan under the loan program. A participating business that is in default for nonperformance under the rules and regulations established by the authority may be required to refund the outstanding balance of funds disbursed prior to the default declaration.
4. a. To implement the loan program, the authority shall establish and maintain a special revolving fund to be known as the "Unisex Restroom Construction Loan Fund." The authority shall administer the loan fund, which shall be credited with:
(1) moneys that the Legislature may appropriate;
(2) moneys repaid to the fund by persons awarded loans from the fund;
(3) any return on investment of moneys deposited in the fund;
(4) the proceeds from the sale of bonds or other obligations issued by the authority pursuant to P.L.1974, c.80 (C.34:1B-1 et seq.);
(5) fees collected from applicants pursuant to subsection c. of this section; and
(6) other moneys made available including, but not limited to, funds provided by agreement with private investors, small business investment corporations, banks, and other lending institutions to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The authority may invest moneys in the loan fund, which the authority determines not to be needed for current responsibilities of the loan fund, in any direct obligations the authority deems appropriate. The loan fund shall be credited with any income from the investment of moneys in the loan fund.
c. The authority may charge fees in connection with applications for participation in the loan program as it deems reasonable.
d. The authority may claim from the loan fund an amount, which shall not exceed $10,000 in any fiscal year, to cover administrative expenses.
5. The authority may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the purposes of P.L. , c. C. ) (pending before the Legislature as this bill).
6. This act shall take effect
immediately.
STATEMENT
This bill creates the "Unisex Restroom Construction Loan Program" in the New Jersey Economic Development Authority to provide no-interest loans to businesses for the construction of unisex restrooms in places of public accommodation.
This bill requires the New Jersey Economic Development Authority to provide select businesses with no-interest loans for the construction of unisex restrooms. Unisex restrooms are restrooms that allow for access by either sex and are conspicuously signed as a unisex restroom. The chief executive officer of the authority will manage the loan program and award no-interest loans to businesses for the construction of unisex restrooms based upon application criteria selected by the authority. Any loan made through the loan program will be subject to a loan agreement, which contains terms and conditions considered appropriate by the authority and are consistent with the purposes of this bill.
As part of the program, the authority will establish the "Unisex Restroom Construction Loan Fund," which will provide moneys for the loan program. The loan fund will be populated with: (1) money appropriated by the Legislature; (2) money repaid to the fund by persons awarded loans from the fund; (3) money derived from investment of money deposited in the fund not needed for current responsibilities of the loan fund; (4) proceeds from the of sale of bonds; (5) money from application fees; and (6) other money made available including, but not limited to, funds provided by agreement with private investors, small business investment corporations, banks, and other lending institutions.
