S3144

SENATE, No. 3144

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 5, 2020

 


 

Sponsored by:

Senator   M. TERESA RUIZ

District 29 (Essex)

 

 

 

 

SYNOPSIS

        The    New Jersey Social Innovation Act    establishes social innovation loan pilot program and study commission within EDA.

 

CURRENT VERSION OF TEXT

        As introduced.

   


An Act establishing a social innovation loan pilot program and supplementing Title 34 of the Revised Statutes.

 

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

 

        1.       This act shall be known and may be cited as the    New Jersey Social Innovation Act.   

 

        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 P.L.1974, c.80 (C.34:1B-1 et seq.).

           Eligible  organization" means a nonprofit organization that is exempt from federal taxation pursuant to section 501(c)(3) of the federal Internal Revenue Code of 1986, 26 U.S.C. s.501 or a for-profit organization, that has applied for participation in the social innovation loan pilot program established pursuant to section 3 of P.L.       , c.       (C.               ) (pending before the Legislature as this bill), and is selected by the study commission as qualified to receive a loan guarantee from the    social innovation loan fund    established pursuant to section 5 of P.L.       , c.       (C.               ) (pending before the Legislature as this bill).

           Pilot program    means the social innovation loan pilot program established pursuant to section 3 of P.L.       , c.       (C.               ) (pending before the Legislature as this bill).

           Social innovation loan fund    or    fund    means the fund established pursuant to section 5 of P.L.       , c.       (C.               ) (pending before the Legislature as this bill).

           Study commission    means the    New Jersey Social Innovation Study Commission    established pursuant to section 4 of P.L.        ,    c.        (C.               ) (pending before the Legislature as this bill).

 

        3.       a.         There is established a five-year social innovation loan pilot program within the New Jersey Economic Development Authority to administer and determine the effectiveness of a social innovation loan pilot program. The pilot program shall concern nonprofit health care services with the purpose of encouraging private investment in preventive and early intervention health care to reduce federal, State, and municipal expenditures related to those services. The pilot program shall assess the feasibility of expanding a social innovation loan pilot program Statewide and expanding the scope of social impact loan guarantees, made pursuant to subsection b. of this section, beyond the health care sector.  

        b.       Under the pilot program established pursuant to subsection a. of this section, the authority shall guarantee loans issued to eligible organizations for the provision of public health care services which generate positive social outcomes and public sector cost savings. Each loan shall be facilitated by the study commission established pursuant to section 4 of P.L.       ,       c. (C.         ) (pending before the Legislature as this bill) and shall consist of:

        (1)     a lending agreement between an eligible organization, a lender, and a public sector entity which shall include terms that provide:

        (a)     the eligible organization with direct funding from a lender in exchange for the provision of public health care services;

        (b)     the public sector entity with public health care services in exchange for defined payments to the lender in an amount proportional to the amount of public sector savings generated by the provision of those services; and

        (c)     the lender with loan repayments in exchange for the provision of funding to an eligible organization.

        (2)     a loan guarantee agreement between the authority and all parties to the lending agreement authorized pursuant to paragraph (1) of this subsection which shall require the terms of the lending agreement to conform to any loan requirements established pursuant to P.L.      , c.      (C.              ) (pending before the Legislature as this bill) or by the authority; and

        (3)     an agreement between the authority, the public sector entity making performance payments, the eligible organization, and the lender which includes terms that require a method of measurement and verification of the public health care services to be performed, how the public sector savings are to be calculated, how the interest rate will be determined, and how funds shall flow between the parties according to each of the agreements made pursuant to this subsection.

        c.         Up to 100 percent of the value of a loan agreement entered into pursuant to subsection b. of this section may be guaranteed by the authority, provided that the total amount in the aggregate of all loans guaranteed under the social innovation loan pilot program established pursuant to P.L.      , c.      (C.              ) (pending before the Legislature as this bill) shall not exceed $15,000,000.

        d.       The authority, in cooperation with the study commission and the Department of Human Services, shall offer to guarantee loans made pursuant to subsection b. of this section utilizing funds from the social innovation loan fund established pursuant to section 5 of P.L.       , c.       (C.               ) (pending before the Legislature as this bill) to finance a project undertaken for the purposes of subsection b. of this section.   The authority shall consider the following factors:

        (1)     The economic feasibility of the project;

        (2)     The degree to which the project will advance Statewide and regional strategies and objectives;

        (3)     The degree to which the project maximizes the leverage of other State funds; and

        (4)     The factors listed in paragraph (1) of subsection e. of section 4 of P.L.       , c.       (C.               ) (pending before the Legislature as this bill).

        e.         A lender or nonprofit or for-profit organization seeking to participate in the social innovation loan pilot program shall submit an application in a form as the authority shall require.   The application shall include any information the authority shall determine is necessary in consideration of the provisions of P.L.2011, c.123 (52:14B-21.1 et seq.).

        f.         A loan guarantee agreement entered into pursuant to subsection b. of this section shall provide that any loan guaranteed by the authority shall: (1) be for a loan having a fair effective interest rate as determined by the authority; and (2) contain other terms and conditions considered appropriate by the authority that are consistent with the purposes