41. a. Notwithstanding any law to the contrary, there is appropriated $15 million to the “New Jersey Affordable Housing Trust Fund,” established pursuant to section 20 of P.L.1985, c.222 (C. 52:27D-320), to replace the suspended non-residential development fee established under the provisions of the “Statewide Non-Residential Development Fee Act,” sections 32 through 38 of P.L.2008, c.46 (C. 40:55D-8.1 through C. 40:55D-8.7).

b. (1) Municipalities authorized by the provisions of the “Statewide Non-Residential Development Fee Act,” sections 32 through 38 of P.L.2008, c.46 (C. 40:55D-8.1 through C. 40:55D-8.7) to directly receive and use development fees are permitted to petition the commissioner for the award of a grant or loan of any portion of the appropriation described in subsection a. of this section. The commissioner shall award grants or loans from the fund to municipalities that incorporated anticipated or existing housing projects and programs funded by a municipal development trust fund in a housing element submitted to the council pursuant to section 7 of P.L.1985, c.222 (C. 52:27D-307).

(2) The commissioner shall target the award of any grant or loan to municipalities based on the extent that their housing plan relied on housing projects or programs funded in part or in whole by municipal development trust fund revenues.

L.2009, c.90, s.41.