New Jersey is moving forward with new requirements governing the electricity costs and grid impacts of large data centers. On October 19, 2026, the New Jersey Board of Public Utilities (“BPU”) issued a request for information (“RFI”) concerning implementation of the Data Center Fair Share Act (Docket No. EO26080463).

The law, P.L. 2026, c.32, was approved July 7, 2026, and took effect immediately. It is intended to ensure that other utility customers do not subsidize large data center customers and that costs attributable to those customers are allocated to them. BPU must establish implementing standards by order within 12 months of the law’s effective date, and each electric public utility must then petition for approval of a new rate class and tariff within 180 days after BPU issues its standards. The RFI seeks stakeholder input; it does not establish a final tariff.

For developers, owners and contractors, the practical issue is how to account for these requirements in projects being financed, designed and contracted today.

Continue Reading New Jersey’s Data Center Fair Share Act: Five Issues Developers and Contractors Should Address Now

A newly filed Superior Court lawsuit illustrates why developers may no longer treat contractor wage compliance as someone else’s problem. The lawsuit was filed by LIUNA Local 3 and Laborers’ Eastern Region Organizing Fund (LEROF). The complaint alleges that more than 240 laborers working on two major developments went unpaid for weeks, leaving at least $716,000.00 in wages outstanding and exposing upstream contractors to claims exceeding $2 million including liquidated damages and other relief.

The lawsuit names the general contractor and a concrete subcontractor, not the developers, as defendants. Nevertheless, the political and reputational consequences have reached the developers whose projects were involved.

Continue Reading How Developers Can Use New Wage Compliance Law to Their Advantage

In a significant follow-up to the 2024 liquor license reform law (P.L.2023, c.290), Governor Mikie Sherrill last month enacted legislation (Senate Bill 4404) which further revamps the state’s still somewhat antiquated liquor licensing system.

The most significant changes in the new law pertain to the transfer of inactive plenary retail licenses—commonly referred to as “restaurant” or “type C” liquor licenses—mainly through the sale of such licenses (also called “pocket licenses”) beyond the borders of the issuing municipality and by reviving many of the expired licenses in the state. In addition, S4404 expands eligibility for the issuance of special food and beverage licenses for use in qualifying shopping centers. (The new law also makes changes to craft manufacturer and brewery licenses but a summary of those provisions is beyond the scope of this alert, which focuses solely on the new law’s impacts on restaurant licenses.)

Continue Reading Newly Enacted NJ Law Significantly Expands Transferability of “Inactive” Restaurant Liquor Licenses, Revives Expired Licenses, and More

On July 22, 2026, the NJEDA’s CEO Evan Weiss released the following statement regarding the Aspire Program:

“The NJEDA has decided to temporarily pause applications for the Aspire Program so that it can process current applications, protect funding for viable projects, and establish a new transparent and competitive framework. During this time, the NJEDA will review all options on how to strengthen the program. We expect to reopen applications for the Aspire Program in the fall. We are committed to updating the program with clearer standards, a stronger emphasis on fiscal discipline and project readiness, and, most importantly, alignment with Governor Sherrill’s economic development and budget priorities.”   

Continue Reading NJEDA ‘Pauses’ Aspire Incentive Program

Source: Press Release from NJ TRANSIT

LAND Plan Industry Day Provides Forum to Meet Real Estate Team and Learn About Upcoming Transit-Oriented Development and Leasing Opportunities.

NEWARK, NJ – NJ TRANSIT will host an open house networking event on April 21st for real estate developers, commercial real estate professionals and other interested parties to meet its real estate team and subject matter experts, and learn about upcoming transit-oriented development projects, as well as opportunities for leasing and retail.

Continue Reading NJ Transit to Hold Open House for Real Estate Opportunities

On her first day in office, New Jersey Governor Mikie Sherrill signed Executive Order No. 5, which has been a central part of her “Save You Time and Money” agenda.

The order focuses on modernizing the state’s regulatory processes and reducing government bureaucracy.

Continue Reading Day One Executive Order: Gov. Sherrill Fulfills Promise of Implementing a “Save You Time and Money Agenda”

The New Jersey Economic Development Authority (NJEDA) recently approved Sills Cummis client Meadowlands Logistics Center LLC to receive the first Aspire tax credit incentive awarded to an industrial warehouse project. The project owner will receive an award of up to 50 percent of the total project cost, not to exceed $56.5 million for the development of a modern warehouse facility in Secaucus. The warehouse, which will be located on the last large tract of undeveloped land in the Meadowlands, will measure 775,000 square feet and include a 40-foot clear ceiling height, 232 trailer parking spaces, 96 loading docks with capacity for an additional 89 docks if needed, four drive-in entrances, 570 parking spaces, and integrated office space. Planned uses for the development include warehouse operations, light industrial manufacturing, logistics and distribution, cold storage, import and export port services, e-commerce fulfillment, and a data center. The project will also include community amenities such as a public walking trail, a scenic overlook with dedicated parking, expanded sidewalks, and a bus shelter to enhance accessibility.

Continue Reading Sills Cummis Obtains First Aspire Tax Credit Incentive Awarded to a Warehouse Project

New Rule Would Devastate Most Brownfield Redevelopment

Last November, NJDEP proposed voiding current law and instead mandating the reporting of contamination discovered during due diligence by prospective buyers and their professionals, even non-LSRPs. Such reporting would trigger liability for the current owner even if the proposed sale did not go through – a risk most sellers would not want to take. The brownfield redevelopment community testified during the rule comment period that the proposed rule would kill the vast majority of brownfield transactions. Yet, despite such fierce opposition and compelling logic on the side of fostering brownfield redevelopment, NJDEP has announced that it is re-proposing this controversial rule.

Continue Reading NJDEP Re-Proposes Highly Controversial Due Diligence Rule

As seen on: BINJE.com
By: Tom Bergeron

When it comes to public education, public safety and economic development, New Jersey’s cherished tradition of home rule always has led the way.

Is it time for that to change?

The recently introduced LAND Plan, in which NJ Transit aims to develop (or redevelop) around train stations in an effort to raise necessary funds for public transportation as well as spurring economic development in towns across the state, may put that to the test.

So said Ted Zangari, the longtime chair of the Real Estate Group at Sills Cummis & Gross in Newark.

Continue Reading Redevelopment Redo: Is It Time to Reduce Influence of Home Rule?

As seen on: BINJE.com
By: Tom Bergeron

In a concept that could make NJ Transit more of a financial asset than a liability, the agency released an 8-page plan Wednesday that it says provides a roadmap for up to $1.9 billion in potential non-farebox revenue over the next 30 years.

The plan, which aims to unlock value from its 8,000-acre real estate portfolio, could add up to $14 billion in economic impact to New Jersey, up to an additional $1.6 billion in municipal revenues, and create up to 50,000 jobs and up to 20,000 new housing units.

Continue Reading How NJ Transit Feels It Can Generate $1.9 Billion in Non-Fare Revenue in Next 30 Years