Title 34, Title 34: LABOR AND WORKMEN'S COMPENSATION

34:1B-118.1 Award, amount of grant; factors. 11. In considering the award and the amount of any grant of tax credits made pursuant to P.L.1996, c.25 (C.34:1B-112 et seq.), the authority may consider, as part of the authority's overall review process, the following factors: a. The…

34:1B-119 Rules, regulations relative to program. 8. The authority shall, after consultation with the Director of the Division of Taxation, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to govern the pr…

34:1B-12. Covenants with bondholders In order to secure the payment of such bonds and in addition to its other powers, the authority shall have power by resolution to covenant and agree with the several holders of such bonds, as to: a. The custody, security, use, expenditure or a…

34:1B-120 Certificate of compliance indicating amount of tax credits; elect to waive requirement, minimum employee time, criteria. 9. a. As determined by the authority, a business which is awarded a grant of tax credits under P.L.1996, c.25 (C.34:1B-112 et seq.) shall submit annu…

34:1B-120.1 Rules for recapture of tax credits. 14. The authority is authorized to pursue, and shall adopt rules for, the recapture of all, or a portion of, the grant of tax credits, based on criteria established by the authority pursuant to regulation or under the terms of the p…

34:1B-120.2 Corporation business tax, insurance premiums tax credits. 17. a. The authority shall establish a corporation business tax credit and insurance premiums tax credit certificate transfer program to allow businesses in this State with unused amounts of tax credits issued …

34:1B-121 Annual report on program. 10. The authority shall prepare and transmit to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on or before November 1st of each year, a report concerning the impact of the program on job retention in…

34:1B-123 Appropriation capped by retained tax revenue. 12. There is appropriated to the New Jersey Commerce and Economic Growth Commission from the General Fund such sums as may be necessary, as certified by the commissioner and the Director of the Division of Budget and Account…

34:1B-124. Short title 1. Sections 1 through 17 of this act shall be known and may be cited as the "Business Employment Incentive Program Act."L.1996,c.26,s.1.

34:1B-125 Definitions relative to business employment incentives. 2. As used in sections 1 through 17 of P.L.1996, c.26 (C.34:1B-124 et seq.) and in sections 9 through 11 of P.L.2003, c.166 (C.34:1B-139.1 through C.34:1B-139.3), unless a different meaning clearly appears from the…

34:1B-126. Business Employment Incentive Program established 3. There is established the Business Employment Incentive Program to be administered by the New Jersey Economic Development Authority. In order to foster job creation in this State, the authority may enter into agreemen…

34:1B-127 Project requirements. 4. a. A business may apply to the authority for a grant for any project which: (1) Will create at least 25 eligible positions in the base years; or (2) Will create at least 10 eligible positions in the base years if the business is an advanced comp…

34:1B-128 Grant application. 5. A business shall apply to the authority for a grant on a form prescribed by the authority which shall include: a. The name of the business, the proposed location of the project, and the type of activity which will be engaged in at the project site;…

34:1B-129 Employment incentive grant criteria; tax credit transfer certificate; elect to waive requirement, minimum employee time, criteria. 6. a. The amount of the employment incentive awarded as a grant by the authority shall either be awarded in cash or as a tax credit. In eac…

34:1B-13. Pledge of revenues; lien Any pledge of revenues or other moneys made by the authority shall be valid and binding from the time when the pledge is made; the revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the l…

34:1B-130. Incentive agreement 7. The business employment incentive agreement shall include, but shall not be limited to, the following: a. A detailed description of the proposed project which will result in job creation, and the number of new employees to be hired in the base ye…

34:1B-131 Submission of NJ tax return, other information; audit. 8. a. No later than March 1 of each year, for the preceding grant year, every business which is awarded a grant under this act shall submit to the authority a copy of its applicable New Jersey tax return within 30 d…

34:1B-132. Failure of business to comply, circumstances 9.a. If the business receiving a grant fails to meet or comply with any condition or requirement set forth in a grant agreement or in rules and regulations of the authority or the division, the authority may amend the agreem…

34:1B-133 Disbursement conditions. 10. No amount shall be disbursed to a recipient business as a grant under this act in any year until the State Treasurer has certified that the amount of withholdings or estimated taxes of partners, or any combination thereof, received in that y…

34:1B-134 Grant limitations. 11. a. A business that is receiving a business relocation grant pursuant to the provisions of P.L.1996, c. 25 (C.34:1B-112 et seq.) shall not be eligible to receive a grant under this act except upon the approval of the State Treasurer. b. A business …

34:1B-135. Implementation, study. 12. The department shall conduct a study to determine the minimum funding level required to implement the Business Employment Incentive Program successfully. Major consideration shall be given to the rate of return for each job created as a resul…

34:1B-136. Fees 13. The authority shall establish an application fee for a grant application and service fees payable by each business which is a grant recipient to pay the costs of the administration of the program.L.1996,c.26,s.13.

34:1B-137 Rules. 14. The New Jersey Economic Development Authority, after consultation with the department and the Division of Taxation, shall in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules necessary to implement the provi…

34:1B-137.1 Rules, regulations. 4. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Executive Director of the New Jersey Economic Development Authority may adopt immediately upon filing with the Offic…

34:1B-138 Annual report. 15. The authority shall submit a report on the Business Employment Incentive Program to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on or before October 31 of each year. The report shall include informatio…

34:1B-139. Appropriation capped by new revenues 17. There is appropriated to the New Jersey Economic Development Authority from the General Fund such sums as may be necessary to fund the Business Employment Incentive Program established by this act, the amount of which shall not …

34:1B-139.1 Powers of authority relative to bonds. 9. Notwithstanding the provisions of any law, rule, regulation or order to the contrary: a. The authority shall have the power, pursuant to the provisions of this act and P.L.1974, c.80 (C.34:1B-1 et seq.), to issue bonds and ref…

34:1B-139.2 Contract payments to authority for debt service. 10. The State Treasurer shall, in each State fiscal year, pay from the General Fund to the authority, in accordance with a contract or contracts between the State Treasurer and the authority, authorized pursuant to sect…

34:1B-139.3 Contracts between State Treasurer and authority authorized. 11. The State Treasurer and the authority are authorized to enter into one or more contracts to implement the payment arrangement that is provided for in section 10 of P.L.2003, c.166 (C.34:1B-139.2). The con…

34:1B-139.4 Pilot program established, New Jersey Economic Development Authority, grants, businesses, employees, residents assigned to New Jersey locations. 4. a. There is established a pilot program, to be administered by the New Jersey Economic Development Authority, through wh…

34:1B-14. Nonliability of members of authority, or of state or political subdivision Neither the members of the authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by reason of the issuance thereof. Bonds or other obligatio…

34:1B-141 Project application procedure; priority list; appropriations 7. a. The Department of Commerce and Economic Development shall establish a process under which applicants may apply for monies made available from the "1996 Economic Development Site Fund," established pursua…

34:1B-142 Eligibility for economic development site funds 8. a. To be eligible to receive monies from the "1996 Economic Development Site Fund," established pursuant to section 20 of P.L.1996, c.70, an economic development site project must meet at least two of the following crit…

34:1B-143 Appropriation from fund 9. The Legislature shall, from time to time, appropriate monies from the "1996 Economic Development Site Fund," established pursuant to section 20 of P.L.1996, c.70, to the Department of Commerce and Economic Development for the projects designat…

34:1B-144 Short title 1. Sections 2 through 19 of this act shall be known and may be cited as the "Port Unification and Financing Act." L.1997,c.150,s.1.

34:1B-145 Findings, declarations relative to unification of ports 2. The Legislature finds and declares: a. The Legislature of the State of New Jersey approved legislation in 1992, concurred in by the Commonwealth of Pennsylvania and approved by the Congress of the United States,…

34:1B-146 Definitions relative to unification of ports 3. As used in this act: "Authority" or "New Jersey Economic Development Authority" means the New Jersey Economic Development Authority created pursuant to section 4 of P.L.1974, c.80 (C.34:1B-4) or a subsidiary corporation of…

34:1B-147 Powers of authority 4. a. For the purpose of providing funds for the financing of the establishment, acquisition, construction, rehabilitation, improvement and ownership of port facilities, the authority shall have the power to issue bonds or notes, incur indebtedness, …

34:1B-148 Payment of, redemption of bonds, notes 5. The authority may, in any resolution authorizing the issuance of bonds or notes pursuant to this act, pledge the Port Facility Revenue Fund or a portion thereof for payment of the redemption of the bonds or notes, or the princip…

34:1B-149 "Port Facility Revenue Fund" 6. There is created within the authority a special nonlapsing fund, to be known as the "Port Facility Revenue Fund." This fund shall consist of: a. Such moneys as may be transferred to the fund by the State Treasurer, upon appropriation by t…

34:1B-15 Powers constitute essential governmental function; tax exempt status. 15. The exercise of the powers granted by this act, P.L.2000, c.72 (C.18A:7G-1 et al.), and P.L.2007, c.137 (C.52:18A-235 et al.) shall constitute the performance of an essential governmental function …

34:1B-15.1. Contiguous municipalities with project; agreements to share revenues; reciprocal ordinances The governing bodies of any two contiguous municipalities within which is located or is to be located a New Jersey Economic Development Authority project situated in part withi…

34:1B-15.2. Agreement; apportionment of costs of services and services to be supplied Any agreement entered into pursuant to section 1 of this act for the sharing of payments and revenues derived from a project shall also set forth the manner in which the costs of municipal servi…

34:1B-150 Use of moneys in Port Facility Revenue Fund 7. a. The authority may use moneys in the Port Facility Revenue Fund to pay the principal and interest and premium, if any, on the bonds or notes issued by it pursuant to this act and in connection with the lease, management, …

34:1B-151 Bonds, notes considered special, limited obligations 8. Bonds and notes issued by the authority pursuant to the provisions of this act shall be special and limited obligations which are payable only from the sources enumerated in this act. Neither the members of the aut…

34:1B-152 Pledges, covenants with holders of bonds, notes, obligations 9. The State hereby pledges and covenants with holders of any bonds, notes or other obligations issued pursuant to this act that it will not limit or alter the rights or powers vested in the authority by this …