Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:27H-64. Authority allocated to Commerce and Economic Development 5. For purposes of compliance with Article V, Section IV, paragraph 1 of the Constitution of the State of New Jersey, the authority created by this act is allocated to the Department of Commerce and Economic Deve…

52:27H-65. Duties It shall be the duty of the authority to: a. Promulgate criteria for the designation of zones pursuant to the provisions of this act; b. Receive and evaluate applications of municipalities for the designation of zones; c. Enter into discussions with applying mun…

52:27H-65.1. Preparation of fiscal impact study 11. In addition to the duties of the authority required under section 6 of P.L.1983, c.303 (C.52:27H-65), the authority shall also prepare a fiscal impact study of each additional enterprise zone designated pursuant to this 1993 ame…

52:27H-66 Designation of enterprise zones. 7. The authority shall designate enterprise zones from among those areas of qualifying municipalities determined to be eligible pursuant to P.L.1983, c.303 (C.52:27H-60 et seq.). No more than 32 enterprise zones shall be in effect at any…

52:27H-66.1 Additional zones authorized. 3. The additional seven zones authorized pursuant to P.L.1995, c.382 (C.52:27H-66.1 et al.), the additional zone authorized pursuant to P.L.2003, c.285, and the additional zone designated pursuant to P.L.2004, c.75, shall be designated wit…

52:27H-66.2 "UEZ-impacted business district." 3. The authority shall designate a classification known as a "UEZ-impacted business district" for a municipality which can demonstrate to the authority that its business district is economically distressed and is being negatively impa…

52:27H-66.4 UEZ-impacted business district, tax exemption for qualified businesses. 5. a. A qualified business within a UEZ-impacted business district authorized pursuant to section 3 of P.L.2001, c.347 (C.52:27H-66.2) shall be entitled to an exemption to the extent of 50% from t…

52:27H-66.6a. UEZ reimbursed for municipal account moneys 1. Notwithstanding the provisions of section 7 of P.L.1983, c.303 (C.52:27H-66), section 21 of P.L.1983, c.303 (C.52:27H-80), section 11 of P.L.2001, c.347 (C.52:27H-66.6) or any provision of law to the contrary, any desig…

52:27H-66.7. Designation of three additional zones 12. The three additional zones, authorized pursuant to P.L.2001, c.347 (C.52:27H-66.2 et al.), shall be designated within 90 days of the date of the submittal of an application and zone development plan, provided that the joint z…

52:27H-67 Municipal zone development corporations, maintenance of Internet website, webpage; contents. 8. a. The governing body of any qualifying municipality may, by ordinance, create or designate a nonprofit corporation established pursuant to the provisions of Title 15 of the …

52:27H-68 Preliminary zone development plan. 9. a. Prior to the effective date of P.L.2021, c.197, the governing body of a qualifying municipality may apply for designation as an enterprise zone, the municipal governing body shall cause a preliminary zone development plan to be f…

52:27H-69 Areas eligible for designation. 10. An area defined by a continuous border within one qualifying municipality shall be eligible for designation as a zone if: a. It has been designated an "area in need of rehabilitation" pursuant to Article VIII, Section I, paragraph 6 o…

52:27H-69.1. Intermunicipal zone limitation Eligible zones having areas defined by a continuous border within two or more contiguous qualifying municipalities shall be limited to one located in the 10 southernmost counties of the State. L. 1985, c. 391, s. 2, eff. Dec. 20, 1985.

52:27H-7. Deputy commissioner; appointment; powers, functions and duties; qualifications The commissioner shall appoint a deputy commissioner, who shall be designated to perform all of the powers, functions and duties of the commissioner during the absence or disability of the co…

52:27H-70. First two enterprise zones; criteria for designation The first two areas and municipalities designated as enterprise zones by the authority shall meet all the following criteria: a. A rate of unemployment among residents in the area and among residents of the municipal…

52:27H-71. Criteria for qualification of businesses and designation of enterprise zones; regulations to modify, replace or supplement After the designation of the first two enterprise zones, the authority may by regulation, from time to time modify, replace or supplement the crit…

52:27H-72 Designation of areas as enterprise zones. 13. a. In designating eligible areas as enterprise zones, the authority shall approve zone development plans which: (1) Have potential for success in stimulating primarily new economic activity in the area; (2) Are designed to a…

52:27H-73. Application for designation; grant or denial; adoption of ordinance of acceptance a. Any qualifying municipality may designate any area set forth in the zone development plan as an enterprise zone. The municipality may then make written application to the authority to …

52:27H-74. Benefits available to qualified business Except as otherwise specified in this act, a qualified business in an enterprise zone shall be eligible to receive from among those benefits authorized in sections 16 through 20 of this act as are determined by the authority. Th…

52:27H-76. Corporation business tax exemption Any qualified business subject to the provisions of the "Corporation Business Tax Act (1945)," P.L.1945, c. 162 (C. 54:10A-1 et seq.), as employing a larger number of persons at a place of business located within an enterprise zone de…

52:27H-77. Carry-forward permitted Enterprise zone employee tax credits or enterprise zone investment tax credits provided under section 19 of this act shall not reduce a taxpayer's tax liability under the "Corporation Business Tax Act (1945)," P.L. 1945, c. 162 (C. 54:10A-1 et s…

52:27H-78. Tax credit Any qualified business subject to the provisions of the "Corporation Business Tax Act (1945)," P.L. 1945, c. 162 (C. 54:10A-1 et seq.), as actively engaged in the conduct of business from a location within an enterprise zone designated pursuant to this act, …

52:27H-79 Certain tax exemptions. 20. a. (1) Except as provided in subsection b. of section 11 of P.L.2021, c.197 (C.52:27H-98), receipts from the first $100,000 of annual retail sales of tangible personal property (except motor vehicles and energy) and sales of services (except …

52:27H-79.1 Exemption from taxation for certain receipts. 8. a. Receipts from the first $100,000 of annual retail sales of materials, supplies, and services for the exclusive use of erecting structures or buildings on, or improving, altering or repairing the real property of a qu…

52:27H-8. Responsibility for support and development of business and industry, and research, statistics and business information service The department and the commissioner, through the councils, divisions, offices and bureaus shall be responsible for the activities of the State …

52:27H-80 Sales tax exemption for retail sales. 21. a. (1) Receipts of retail sales, made by a seller located in an eligible block group, as defined in subsection a. of section 12 of P.L.2021, c.197 (C.52:27H-99) and provided a UZ-2 certification by the authority from a place of …

52:27H-80.1. Extension of provisions In addition to those enterprise zones to which the provisions of section 21 of P.L. 1983, c. 303 (C. 52:27H-80) have been or may be extended by the authority, the provisions of that section shall be extended to that enterprise zone which is re…

52:27H-81. Rules, regulations 22. The Director of the Division of Taxation in the Department of the Treasury shall promulgate such rules and regulations as may be necessary to effectuate the provisions of sections 17 through 21 inclusive, and sections 27 and 29 of P.L.1983, c.303…

52:27H-82. Local development financing fund assistance; priority to project in municipality with enterprise zone Notwithstanding any provisions of the "New Jersey Local Development Financing Fund Act," P.L. 1983, c. 190 (C. 34:1B-36 et seq.), to the contrary, projects which are o…

52:27H-83. Skill training programs; delivery The New Jersey Department of Labor shall develop and coordinate the delivery of skill training programs necessary to meet the needs of qualifying businesses. L.1983, c. 303, s. 24, eff. Aug. 15, 1983.

52:27H-84. Regulations of municipality or state agency; exemption of enterprise zones In order to carry out the purposes of this act, any municipality or State agency may exempt designated enterprise zones from the provisions of any regulation, in whole or in part, promulgated by…

52:27H-85. Review of state regulations by authority The authority shall conduct a continuing review of all State regulations and shall recommend to the appropriate administrative bodies the modification or waiver of regulations promulgated by that agency in order to contribute to…

52:27H-86 Eligibility for incentives. 27. To be eligible for any of the incentives provided under this act a qualified business must demonstrate to the satisfaction of the authority that: a. The business will create new employment in the municipality; b. The business will not cre…

52:27H-87. Qualified business recipient of benefits; annual certification Any firm that receives any benefits set forth in sections 16 through 24 of this act shall annually certify to the authority that it is a qualified business under subsection c. of section 3 of this act. Fail…

52:27H-87.1 Exemption for some retail sales of energy and utility service. 23. a. Retail sales of energy and utility service to: (1) a qualified business that employs at least 250 people within an enterprise zone, at least 50% of whom are directly employed in a manufacturing proc…

52:27H-88 Enterprise zone assistance fund. 29. a. (1) There is created an enterprise zone assistance fund to be held by the State Treasurer, which shall be the repository for all moneys required to be deposited therein under section 21 of P.L.1983, c.303 (C.52:27H-80), as amended…

52:27H-9. Economic development council; transfer to department; members; continuance in office; duties; advisory committees The Economic Development Council created by P.L.1965, c. 21 (C. 13:1B-15.75 et seq.), shall be transferred to the department. The chairperson and other memb…

52:27H-90. Legislative findings and declarations The Legislature finds and declares that: a. In 1981 the Legislature enacted the "Worker Owned Corporation Study Act" (P.L.1981, c. 82) which mandated a study to determine the best means to encourage and assist the formulation of em…

52:27H-91. Commissioner defined For the purposes of sections 1 through 7 of this act, "commissioner" means the Commissioner of Commerce and Economic Development. L.1983, c. 471, s. 2, eff. Jan. 12, 1984.

52:27H-92. Short title Sections 1 through 7 of this act shall be known and may be cited as the "Employee Stock Ownership Plan Act." L.1983, c. 471, s. 3, eff. Jan. 12, 1984.

52:27H-93. Employee stock ownership plans; dissemination of information The commissioner shall take any action which he deems appropriate to disseminate information on the advantages and disadvantages of employee stock ownership plans to employers and employee groups. This may in…

52:27H-94. Advice upon request to employer or employee groups a. The commissioner, upon request, shall advise any employer or employee group as to: (1) The procedures for establishing an employee stock ownership plan; (2) The availability of federal, State and local assistance; a…

52:27H-95. Closure or pending closure of facility in municipality suffering significant economic distress; grant of funds analysis and study In the event of the closure or pending closure of a facility which would cause or has caused a significant loss of employment to any munici…

52:27H-96. Review and evaluation; assistance in purchase of business by employee stock ownership trust The commissioner shall assist in reviewing and evaluating materials from studies for which he has granted funds under the provisions of section 6 of this act. If, following that…

52:27H-97. Annual report The commissioner shall annually submit to the Legislature a report concerning the formation of new employee stock ownership trusts and the operation of existing employee stock ownership trusts in this State, and shall include in the report an account of S…

52:27H-98 Tax expenditures for State fiscal years. 11. a. The combined State tax expenditures in State Fiscal Year 2022 for the Urban Enterprise Zone Special Sales Tax Rate and Urban Enterprise Zone Exempt Business Purchases, as expressed in the Fiscal Year 2022 State of New Jers…