New Jersey legislature okays $300m Devils tax break just one week after it was introduced

Well, that didn’t take long: Just one week after it was first revealed that the state of New Jersey was considering giving Devils owner Josh Harris $300 million in new tax breaks to pay for arena upgrades, both houses of the state legislature signed off on the money this week (49-22 in the Assembly and 33-4 in the Senate) because re-vi-tal-i-za-tion!

Supporters argued that the tax break will nourish Newark’s renaissance.

“This is not a cash check,” said bill sponsor Sen. Teresa Ruiz (D-Essex). “This is ensuring that Newark stays revitalized and becomes the cornerstone or an economic engine and development, and a source of pride.”

It is undeniably a cash check — the only question is what, if anything, New Jersey residents will get out of the deal. Assembly sponsor Eliana Pintor Marin, who represents the district with the Devils arena in it, said that if the Devils “were to pack up and leave, the economic detriment it’d cause the City of Newark — my home base in the Ironbound — would be substantial.” That’s very debatable, but more to the point, Harris hadn’t threatened to move the Devils anywhere, and has a lease in Newark through 2038, and would be hard-pressed to find another metro area the size of New York City’s if he did want to move. But, you know, details!

Moreover, from the looks of the bill language, Harris isn’t required to sign a lease extension or do anything else in exchange for the tax subsidy, so it’s not only a cash check, it’s one with no strings attached. Even if unbeloved lame-duck governor Phil Murphy signs the bill before leaving office on Tuesday, state senate appropriations committee chair Paul Sarlo said Harris will still have to negotiate final details with incoming governor Mikie Sherrill, the state Economic Development Authority, and the city of Newark, so it’s still possible that the state could put some conditions on its $300 million, but probably best not to hold your breath.

 

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Friday roundup: Trail Blazers, Lightning owners join Devils in asking states to fund their arena upgrades because reasons

The way this week has gone, you can be forgiven if you just want to avoid the news entirely. If you’ve come here to be cheered up by some less depressing news … that’s never a good idea, but there are maybe some amusing bits, and nobody has gotten killed (so far), so I guess those are pluses!

Feel free to try to find the glass half full in these items:

  • The Portland Trail Blazers owners are about to ask that Oregon hand over all state income taxes paid by home and road players and staff to help fund a $600 million renovation of their 30-year-old arena. (The cost is estimated at $20 million a year, which if salaries rise enough could easily end up amounting to $600 million worth of future taxes.) The Oregonian notes: “Team employees, notably players who earn millions, have been paying into the state’s general fund for decades, dating back to the franchise’s founding in 1970. Will lawmakers have the stomach to divert those funds from essential services to rebuild an arena that is home to a team that will soon be owned by a Texas billionaire?” Then it says that “the income tax dollars the general fund would lose in this proposal will vanish anyway if the Blazers relocate,” which, no they wouldn’t, not if Portlanders spent their basketball ticket dollars elsewhere locally, which the numbers show is what would mostly happen. Securing approval of the tax money before Tom Dundon (the aforementioned billionaire) officially steps in as owner, one source told the Oregonian, “guarantees the Blazers’ future,” though they didn’t say what kind of lease extension Dundon would agree to in exchange, so it’s always possible it would only guarantee the Blazers’ future until it’s time to ask for more tax money again.
  • Hillsborough County is discussing paying for $250 million in renovations to the Tampa Bay Lightning‘s arena in exchange for a six-year lease extension until 2043, which has some Tampa Sports Authority officials worried the Buccaneers and Rays owners may make similar demands if the arena project is approved. Also that would be $41.7 million per year of lease extension, which would be close to the record for most expensive ever.
  • New Jersey’s proposed $300 million Devils arena subsidy only has a few days left of the legislative session for approval, and “some lawmakers,” per New Jersey Digest, have “raised concerns” that rushing a major tax break through in a lame-deck session with a lame-duck governor might not be the best of ideas. Not that state legislatures don’t do it all the time, but not the best of ideas does check out if you’re a fan of transparency and due diligence and all the other democracy things that are out of fashion right now.
  • Kansas officials want to make clear that the state could still build a Kansas City Royals stadium, just not with STAR bonds since the deadline for those expired at the end of 2025, so they’re just for the Chiefs and for Barbie/Hot Wheels theme parks. And the state doesn’t really have many other good revenue sources, says house speaker Dan Hawkins: “It would be tough to use those and develop enough money to really support a stadium, and so, I just can’t see that happening.”
  • The Ohio judge who issued a 14-day temporary restraining order against the use of unclaimed private funds to pay $600 million toward a new Cleveland Browns stadium has extended it indefinitely while he hears arguments on whether to issue a permanent injunction.
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NJ bill would give Devils $300m for arena renovations, amid $1.5B state budget shortfall

Over the last couple of years, billionaire private equity goon Josh Harris has been among the most active sports owners at winning public approval for new venue projects, first getting Philadelphia’s okay for a downtown arena for the 76ers and leveraging that into a new joint arena plan with the Flyers owners, then landing the most lucrative sports subsidy of all time, worth at least $6.6 billion in cash, land, and tax breaks for a new Washington Commanders stadium. But what of Harris’s third team, the New Jersey Devils? Turns out it’s time for the third shoe to drop:

A bill that would expand the state’s corporate tax incentive programs by billions and extend new tax subsidies to Newark’s Prudential Center was advanced by Assembly lawmakers Monday over the objections of critics.

The measure, which won 10-2 approval from the Assembly’s economic development committee, would pour an additional $2.5 billion into the state’s marquee tax incentive programs and extend up to $300 million in state subsidies for renovations at the Newark arena.

The bill in question was introduced on Friday by state assemblymember Eliana Pintor Marin, whose district includes most of Newark, including the Prudential Center. Pintor Marin said that the Devils’ arena, which is owned by the Newark Housing Authority and operated by the team, “needs to have major renovations” so that the Devils “can continue to play” and also “compete and bring in different spectators and bring in different shows.” Pintor Marin did not explain why these were New Jersey taxpayers’ problems to solve, or why the Devils can’t continue to play in a 19-year-old arena.

Notably, the Devils just extended their lease in 2013 — in exchange for, among other things, revenue from city-built parking garages — until 2038, which you might think would have forestalled any renovation subsidy demands for at least the next few years. But nope, the subsidies are moving forward now, for unexplained reasons. To get around state laws prohibiting special giveaways to particular companies, Pintor Marin even wrote language saying “Prudential Center” without saying “Prudential Center,” limiting the bill’s recipients to building with capacities of “at least 15,000 [that] have operated for at least 15 years in a city with an international airport in a non-coastal county with at least 550,000 residents and a density of not less than 3,000 people per square mile.” (If this wasn’t sufficient, the next item on the list was presumably going to be “and ending in X.”)

The bill also includes one of the more hilarious provisions ever for a sports subsidy, requiring that “the gross economic benefit of the sports and entertainment facility to the State over the duration of the commitment period is at least 150 percent of the overall public assistance provided to the sports and entertainment project”— an effectively meaningless provision, given that “gross economic benefit” just means money changing hands in your locality, not any actual tax receipts that can be used to refill the state budget. Dena Mottola Jaborska, executive director of New Jersey Citizen Action, warned that New Jersey is already facing a “very brutal budget” with a $1.5 billion projected deficit in the current fiscal year, and “you are talking about taxpayer dollars going towards these wealthy corporations, 3 billion dollars’ worth, at a time when we’re going to have a hard time balancing our budget heading into next year.”

Though the Devils subsidy bill was put forward outside of the state budget process, it still needs to go through the Assembly Appropriations Committee before going to a floor vote, as well as passing through the state senate. The 2026 legislative session begins January 13; I’ll report back here if New Jersey residents will have any opportunities for public comment.

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NJ getting $2m from Devils to close Meadowlands arena, Devils getting everything else

As it turns out, the operators of Newark’s Prudential Center are indeed paying to have the Izod Center in the New Jersey Meadowlands close for two years: The owners of the New Jersey Devils will pay the state of New Jersey a whopping $2 million to shut their competition down, in addition to freeing the state from the responsibility of a projected $8.5 million in red ink for each of the next two seasons.

And for their money, the Devils owners are also getting the right to restrict how the Izod Center is used once it reopens, if it reopens, in 2017:

In the letter [from the New Jersey Sports and Exposition Authority], the sports authority agreed either to keep the Izod Center closed in 2017 and in 2018 as well, or alternatively to reopen in 2017 in a format that is not directly competitive with the Newark arena.

In the latter case, the sports authority would agree that from 2017-2021, the Meadowlands facility would only offer a “single theatrical residency production” — a series of performances such as Cirque du Soleil — or cut the capacity of the Izod Center in half, to a maximum of 10,000 seats. Popular family shows such as the traditional traveling circus and ice-skating events that are featured in most or all arenas in the region also would not be held at Izod Center at that time, with an exception for shows produced by a new operator.

The Prudential Center will also produce and get all revenue from the run of the Ringling Bros. circus in March that’s scheduled to be the last events at Izod before its closure. All in all, it seems like a pretty sweet deal for the Devils owners, but given that all New Jersey had was a mostly empty arena, a sea of red ink, and a governor who has wanted the place closed for a while, it’s not like the state had much leverage.

Some Jersey lawmakers have objected to the deal, with State Sen. Loretta Weinberg charging that this is just a ploy to help out Gov. Chris Christie’s pal Jerry Jones — owner of both the Dallas Cowboys and part of Legends Entertainment, which runs concessions at the Prudential Center — and threatening to sue to stop it. Presumably once the center is actually closed, this kerfuffle will die down and … oh, who am I kidding, Chris Christie is involved, this controversy will go on and on forever! Especially if Christie can’t keep a handle on his itchy texting fingers.

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76ers owner to buy Devils for reported $320m, now faces arena glut challenge

The New Jersey Devils are not, in turns out, being taken over by the NHL. Rather, they’re being sold by broke former Lehman Brothers exec Jeff Vanderbeek to not-yet-broke former Drexel Burnham Lambert exec (and also Philadelphia 76ers owner) Jeff Harris, who will reportedly pay $320 million for the privilege of owning the team and operating rights to Newark’s Prudential Center.

The Bergen Record calls this “a stunning price for a team that has been mired in debt,” but read a bit further and it’s actually not all that stunning: Harris isn’t taking on Vanderbeek’s $200 million in debts, just allow him to pay them off and still have a nice chunk of change left over. And the team itself looks like it’s been at least breaking even since moving to Newark in 2007-08, so while this is a high price, it’s not a crazy-high one.

The big question here is how lucrative the arena management rights will be once they’re owned by somebody with the cash flow to actually book concert acts. Things are very different in the NYC arena world than they were in 2007 when the Prudential Center opened: Brooklyn’s Barclays Center has opened, Madison Square Garden has just completed a $1 billion renovation, and even Nassau Coliseum is about to have a redeveloper announced later today. (The Devils’ former home, the Izod Center, is still hanging around too, though from a look at its upcoming concert calendar, it may not be for long.) The New York City metro area is huge compared to any other U.S. city, but even it can be susceptible to arena glut if you have too many venues fighting over too few acts.

If nothing else, the upcoming four-way competition is likely to make concert promoters really happy, since they’ll be able to play arenas off against each other for the best deal like never before. This hopefully won’t have any dire effects on either concertgoers’ or taxpayers’ wallets — just on the bottom lines of guys like Harris — but it’s probably best to keep in mind the saying about the elephants and the grass just in case.

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Bettman says report of imminent NHL takeover over Devils is “not accurate”

One league-owned NHL team leaves, another enters? No sooner had the league finally divested itself of the Phoenix Coyotes than it looks like it’s going to have to take over running another cash-strapped franchise:

The New Jersey Devils are likely to be taken over by the National Hockey League around the time the season begins next month when teams begin cutting payroll checks unless a buyer for the team quickly steps up, according to multiple sources…

The Devils have $230 million of debt and team owner Jeff Vanderbeek missed the first payment on a recently restructured bank loan. The team’s annual debt payment is around $15 million a year and in the past the Devils have already used prepayments of future revenue streams to pay bills. Andrew Barroway was poised to buy the hockey team and operating rights to the Prudential Center, but withdrew his offer within the past two weeks after getting a closer look at the team’s books.

That’s Michael Ozanian writing in Forbes yesterday, after which NHL commissioner Gary Bettman immediately retorted that it was lies, nothing but lies:

“I haven’t seen the Forbes report, but if the suggestion is we’re going to take over the Devils, which is what I’ve heard the report says, it’s not accurate,” NHL commissioner Gary Bettman said today following a Yankee Stadium news conference to promote the two outdoor games to be played there – Devils vs. Rangers on Sunday, Jan. 26 (12:30 p.m.) and Islanders vs. Rangers on Wednesday, Jan. 29 (7:30 p.m.) Although Forbes reported that a group headed by attorney Andrew Barroway had dropped out of the bidding, two sources insisted that group was still heavily involved and trying to buy the team. That group has already invested more than $30 million in the Devils in beginning the process of buying at least a controlling share of the team from current owner Jeff Vanderbeek.

So, you know, who the hell knows?

The interesting thing here is that the Devils just got a new arena, the Prudential Center in Newark, that was supposed to solve all of their money problems. But apparently Vanderbeek’s money problems — he made his fortune as an executive at Lehman Brothers, which turned out not to be the most secure career path — have landed him in so much debt that he can’t even make money off a brand-new building that taxpayers fronted most of the money for. Writes Ozanian:

Non-NHL events are down at the Prudential Center, also hurting Vanderbeek’s financial situation. One reason: arena operators prepay a portion of the money they are going to pay acts, like rock bands and the circus, and sources say the Devils do not have the cash to book events. During the first quarter of 2013 the Prudential Center was not among the world’s top 50 busiest arenas. The prior year it was ranked 11th-busiest. In the mid-year ranking the Pru is ranked 33rd.

Having cash flow is important, but it’s also worth noting that in 2012, the Prudential Center didn’t have to compete with Brooklyn’s Barclays Center, which is now the nation’s busiest arena. Even in a metro area like New York City’s, there’s a point at which the arena business becomes a zero-sum game, and you have to wonder if Newark has now been leapfrogged by Brooklyn as concert acts’ preferred second stop in the tristate area after Madison Square Garden. Which makes it all the weirder that the owners of MSG and the Barclays Center are fighting over the right to revamp Nassau Coliseum, but maybe they figure better to take over a superfluous arena yourself than let it go to the competition.

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Devils, Newark agree to new lease that shuffles money around like crazy

It’s been a while since we dropped in on the New Jersey Devils and their refusal to pay rent on their taxpayer-built arena because they said it wasn’t finished on time. But now we can rejoice, for an agreement has been reached for a new lease that all parties claim should make everyone happy:

  • Newark will build a new parking deck next to the municipal courthouse (cost not detailed in the NJ.com reporting), and the Devils will rent a guaranteed number of spaces (payments not detailed). The city will also pay the team $2.7 million a year from parking revenue for other lots near the arena.
  • Newark will impose a 1.37% tax surcharge on tickets to all games of the Devils, Seton Hall University, and New York Liberty (for as long as they play in Newark, which is about three more months until Madison Square Garden is done being renovated), plus a $1.25 per ticket fee on concerts that it will share with the team.
  • The Newark parking authority will take over from the Newark housing authority as arena landlord.

And let’s see, there had to be something else … oh, right, all that unpaid back rent! As it turns out, a panel of arbitrators ruled last year that the amount the city owed to the Devils owners (that share of parking revenue, plus money for an arena capital fund) is more than the team owed the city, so no back rent for you, Newark. City officials told NJ.com that they should see about $2 million in new revenues from the ticket taxes and new garage, but it’s not clear whether that accounts for the cost of building the parking deck and the loss of future parking revenues from last year’s ruling.

Without more numbers, then, all we can conclude is: Newark got hosed when it built the arena, agreed to a lease that caused it to get hosed again last year, and now has agreed to a new lease that may or may not have reduced its hosing somewhat. But at least it now has a hockey team on sound financial footing … oh.

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Newark’s Prudential Center: How much “spurt”?

The Wall Street Journal ran an article last week on the “spurt of activity” in downtown Newark near the New Jersey Devils‘ Prudential Center, including two new hotels and several restaurants. This contrasts with my own reporting, in which I referred to the arena existing in “a wasteland of half-shuttered stores.”

My last trip to the Prudential Center was last September, and I don’t recall seeing an overwhelming change in the surrounding neighborhood, which is dominated by the largely delapidated Market Street and Broad Street shopping strips. That said, I didn’t walk the entire neighborhood, and with the Prudential Center being very active, it’s certainly conceivable that some more businesses might have sprung up to capitalize on the visitors. (It’s long been noted that arenas, which can operate 200+ nights a year, can provide at least a small local economic boost, especially compared to stadiums that are dark all winter.)

Any Devils fans out there who do more than walk from their cars to the game who can comment on how much of the Journal’s description is real and how much real estate hype? (Note that this appeared in the real estate section.) If not, guess it’s time for me to go take in a Liberty game

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Could Newark sell arena to recoup costs?

Newark city officials are debating selling the Prudential Center, home of the Devils (and, for the next two seasons, the Nets), to help close the city’s budget gap. Two city councillors say a sale could bring in between $80 million and $200 million, plus put the building back on the property tax rolls, while Mayor Cory Booker says a sale is “not feasible” until the Devils’ ongoing rent dispute is resolved.

While in the abstract a sale sounds like a great idea, you have to wonder why, if the arena currently isn’t making any money (thanks in part to that Devils lease), any private investor would want to pay $80 million to buy it and agree to pay property taxes to boot. That may be a sad statement about a building that cost more than $500 million to build just three years ago, but there it is.

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Newark: If Devils won’t pay rent, tax ’em

The New Jersey Nets may or may not relocate temporarily to Newark on their way to Brooklyn, but apparently there could still be an increased ticket tax at that city’s Prudential Center. The Newark city council voted last Wednesday to explore a 5% ticket surcharge on all events at the Rock, which would raise an estimated $3.9 million a year for the city treasury.

Teams signing leases on new buildings typically include a clause ruling out such after-the-fact tax increases, precisely because it’s such an easy back-door way for local governments to try to recoup some of their costs once concrete has been poured — and indeed, the Devils‘ lease says it can deduct any ticket taxes from its rent. However, as Joan Whitlow notes in the Newark Star-Ledger, the Devils have been withholding rent for their entire three years at the Prudential Center:

Newark ponied up more than $300 million to build the arena. The Devils have not paid rent for two years, going on three. The first year the team said the arena was not ready in time. Yes, the city was slow on some of its road and infrastructure work, but those things were ready for opening night. The Devils, however, were in charge of arena construction and Newark spent extra on fire patrols and other safety measures because of work the Devils did not get done. In any case, “not finished” certainly didn’t apply to the second year’s rent.

A ticket tax, then, could at least be a way of breaking the rent deadlock. (And for fans who are worried: Most economists agree that ticket taxes come mostly out of teams’ pockets, not fans’, since ticket buyers are only willing to pay a certain face value, taxes included.) Given the Newark city council some credit: They learn from their mistakes.

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