New Jersey § 34:1b-5
Full text of New Jersey New Jersey Statutes § 34:1b-5, with citation guidance and answers to common questions.
§ 34:1b-5.
The authority shall have the following powers: a. To adopt bylaws for the regulation of its affairs and the conduct of its business; b. To adopt and have a seal and to alter the same at pleasure; c. To sue and be sued; d. To acquire in the name of the authority by purchase or otherwise, on such terms
and conditions and such manner as it may deem proper, or by the exercise of the power
of eminent domain in the manner provided by the “Eminent Domain Act of 1971,” P.L.1971,
c. 361 ( C.20:3-1 et seq. ), any lands or interests therein or other property which it may determine is reasonably
necessary for any project; provided, however, that the authority in connection with
any project shall not take by exercise of the power of eminent domain any real property
except upon consent thereto given by resolution of the governing body of the municipality
in which such real property is located; and provided further that the authority shall
be limited in its exercise of the power of eminent domain in connection with any project
in qualifying municipalities as defined under the provisions of P.L.1978, c. 14 ( C.52:27D-178 et seq. ), or to municipalities which had a population, according to the latest federal decennial
census, in excess of 10,000; e. To enter into contracts with a person upon such terms and conditions as the authority
shall determine to be reasonable, including, but not limited to, reimbursement for
the planning, designing, financing, construction, reconstruction, improvement, equipping,
furnishing, operation and maintenance of the project and to pay or compromise any
claims arising therefrom; f. To establish and maintain reserve and insurance funds with respect to the financing
of the project or the school facilities project and any project financed pursuant
to the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.); g. To sell, convey or lease to any person all or any portion of a project for such
consideration and upon such terms as the authority may determine to be reasonable; h. To mortgage, pledge or assign or otherwise encumber all or any portion of a project,
or revenues, whenever it shall find such action to be in furtherance of the purposes
of this act, P.L.2000, c. 72 ( C.18A:7G-1 et al.), the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), P.L.2007, c. 137 ( C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.); i. To grant options to purchase or renew a lease for any of its projects on such terms
as the authority may determine to be reasonable; j. To contract for and to accept any gifts or grants or loans of funds or property
or financial or other aid in any form from the United States of America or any agency
or instrumentality thereof, or from the State or any agency, instrumentality or political
subdivision thereof, or from any other source and to comply, subject to the provisions
of P.L.1974, c. 80 ( C.34:1B-1 et seq. ), section 6 of P.L.2001, c. 401 ( C.34:1B-4.1 ), P.L.2000, c. 72 ( C.18A:7G-1 et al.), the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), and P.L.2007, c. 137 ( C.52:18A-235 et al.), with the terms and conditions thereof; k. In connection with any action undertaken by the authority in the performance of
its duties and any application for assistance or commitments therefor and modifications
thereof, to require and collect such fees and charges as the authority shall determine
to be reasonable, including but not limited to fees and charges for the authority's
administrative, organizational, insurance, operating, legal, and other expenses; l . To adopt, amend and repeal regulations to carry out the provisions of P.L.1974,
c. 80 ( C.34:1B-1 et seq. ), section 6 of P.L.2001, c. 401 ( C.34:1B-4.1 ), P.L.2000, c. 72 ( C.18A:7G-1 et al.), the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), and P.L.2007, c. 137 ( C.52:18A-235 et al.); m. To acquire, purchase, manage and operate, hold and dispose of real and personal
property or interests therein, take assignments of rentals and leases and make and
enter into all contracts, leases, agreements and arrangements necessary or incidental
to the performance of its duties; n. To purchase, acquire and take assignments of notes, mortgages and other forms of
security and evidences of indebtedness; o . To purchase, acquire, attach, seize, accept or take title to any project or school
facilities project by conveyance or by foreclosure, and sell, lease, manage or operate
any project or school facilities project for a use specified in this act, P.L.2000, c. 72 ( C.18A:7G-1 et al.), the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), P.L.2007, c. 137 ( C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.); p. To borrow money and to issue bonds of the authority and to provide for the rights
of the holders thereof, as provided in P.L.1974, c. 80 ( C.34:1B-1 et seq. ), section 6 of P.L.2001, c. 401 ( C.34:1B-4.1 ), P.L.2000, c. 72 ( C.18A:7G-1 et al.), the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), P.L.2007, c. 137 ( C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.); q. To extend credit or make loans to any person for the planning, designing, acquiring,
constructing, reconstructing, improving, equipping and furnishing of a project or
school facilities project, which credits or loans may be secured by loan and security
agreements, mortgages, leases and any other instruments, upon such terms and conditions
as the authority shall deem reasonable, including provision for the establishment
and maintenance of reserve and insurance funds, and to require the inclusion in any
mortgage, lease, contract, loan and security agreement or other instrument, of such
provisions for the construction, use, operation and maintenance and financing of a
project or school facilities project as the authority may deem necessary or desirable; r. To guarantee up to 90% of the amount of a loan to a person, if the proceeds of
the loan are to be applied to the purchase and installation, in a building devoted
to industrial or commercial purposes, or in an office building, of an energy improvement
system; s. To employ consulting engineers, architects, attorneys, real estate counselors,
appraisers, and such other consultants and employees as may be required in the judgment
of the redevelopment utility to carry out the purposes of P.L.1974, c. 80 ( C.34:1B-1 et seq. ), section 6 of P.L.2001, c. 401 ( C.34:1B-4.1 ), P.L.2000, c. 72 ( C.18A:7G-1 et al.), the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), P.L.2007, c. 137 ( C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.), and to fix and pay their compensation from funds available to the redevelopment
utility therefor, all without regard to the provisions of Title 11A of the New Jersey
Statutes; t. To do and perform any acts and things authorized by P.L.1974, c. 80 ( C.34:1B-1 et seq. ), section 6 of P.L.2001, c. 401 ( C.34:1B-4.1 ), P.L.2000, c. 72 ( C.18A:7G-1 et al.), the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), P.L.2007, c. 137 ( C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.), under, through or by means of its own officers, agents and employees, or
by contract with any person; u. To procure insurance against any losses in connection with its property, operations
or assets in such amounts and from such insurers as it deems desirable; v. To do any and all things necessary or convenient to carry out its purposes and
exercise the powers given and granted in P.L.1974, c. 80 ( C.34:1B-1 et seq. ), section 6 of P.L.2001, c. 401 ( C.34:1B-4.1 ), P.L.2000, c. 72 ( C.18A:7G-1 et al.), the “Municipal Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), P.L.2007, c. 137 ( C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.); w. To construct, reconstruct, rehabilitate, improve, alter, equip, maintain or repair
or provide for the construction, reconstruction, improvement, alteration, equipping
or maintenance or repair of any development property and lot, award and enter into
construction contracts, purchase orders and other contracts with respect thereto,
upon such terms and conditions as the authority shall determine to be reasonable,
including, but not limited to, reimbursement for the planning, designing, financing,
construction, reconstruction, improvement, equipping, furnishing, operation and maintenance
of any such development property and the settlement of any claims arising therefrom
and the establishment and maintenance of reserve funds with respect to the financing
of such development property; x. When authorized by the governing body of a municipality exercising jurisdiction
over an urban growth zone, to construct, cause to be constructed or to provide financial
assistance to projects in an urban growth zone which shall be exempt from the terms
and requirements of the land use ordinances and regulations, including, but not limited
to, the master plan and zoning ordinances, of such municipality; y. To enter into business employment incentive agreements as provided in the “Business
Employment Incentive Program Act,” P.L.1996, c. 26 ( C.34:1B-124 et al.); z. To enter into agreements or contracts, execute instruments, and do and perform
all acts or things necessary, convenient or desirable for the purposes of the redevelopment
utility to carry out any power expressly provided pursuant to P.L.1974, c. 80 ( C.34:1B-1 et seq. ), P.L.2000, c. 72 ( C.18A:7G-1 et al.), and P.L.2007, c. 137 ( C.52:18A-235 et al.), including, but not limited to, entering into contracts with the State Treasurer,
the Commissioner of Education, districts, the New Jersey Schools Development Authority,
and any other entity which may be required in order to carry out the provisions of P.L.2000, c. 72 ( C.18A:7G-1 et al.), P.L.2007, c. 137 ( C.52:18A-235 et al.), and sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.); aa. (Deleted by amendment, P.L.2007, c. 137 ); bb. To make and contract to make loans to local units to finance the cost of school
facilities projects and to acquire and contract to acquire bonds, notes or other obligations
issued or to be issued by local units to evidence the loans, all in accordance with
the provisions of P.L.2000, c. 72 ( C.18A:7G-1 et al.), and P.L.2007, c. 137 ( C.52:18A-235 et al.); cc. Subject to any agreement with holders of its bonds issued to finance a project
or school facilities project, obtain as security or to provide liquidity for payment
of all or any part of the principal of and interest and premium on the bonds of the
authority or for the purchase upon tender or otherwise of the bonds, lines of credit,
letters of credit, reimbursement agreements, interest rate exchange agreements, currency
exchange agreements, interest rate floors or caps, options, puts or calls to hedge
payment, currency, rate, spread or similar exposure or similar agreements, float agreements,
forward agreements, insurance contract, surety bond, commitment to purchase or sell
bonds, purchase or sale agreement, or commitments or other contracts or agreements,
and other security agreements or instruments in any amounts and upon any terms as
the authority may determine and pay any fees and expenses required in connection therewith; dd. To charge to and collect from local units, the State and any other person, any
fees and charges in connection with the authority's actions undertaken with respect
to school facilities projects, including, but not limited to, fees and charges for
the authority's administrative, organization, insurance, operating and other expenses
incident to the financing of school facilities projects; ee. To make loans to refinance solid waste facility bonds through the issuance of
bonds or other obligations and the execution of any agreements with counties or public
authorities to effect the refunding or rescheduling of solid waste facility bonds,
or otherwise provide for the payment of all or a portion of any series of solid waste
facility bonds. Any county or public authority refunding or rescheduling its solid waste facility
bonds pursuant to this subsection shall provide for the payment of not less than fifty
percent of the aggregate debt service for the refunded or rescheduled debt of the
particular county or public authority for the duration of the loan; except that, whenever
the solid waste facility bonds to be refinanced were issued by a public authority
and the county solid waste facility was utilized as a regional county solid waste
facility, as designated in the respective adopted district solid waste management
plans of the participating counties as approved by the department prior to November
10, 1997, and the utilization of the facility was established pursuant to tonnage
obligations set forth in their respective interdistrict agreements, the public authority
refunding or rescheduling its solid waste facility bonds pursuant to this subsection
shall provide for the payment of a percentage of the aggregate debt service for the
refunded or rescheduled debt of the public authority not to exceed the percentage
of the specified tonnage obligation of the host county for the duration of the loan.
Whenever the solid waste facility bonds are the obligation of a public authority,
the relevant county shall execute a deficiency agreement with the authority, which
shall provide that the county pledges to cover any shortfall and to pay deficiencies
in scheduled repayment obligations of the public authority. All costs associated with the issuance of bonds pursuant to this subsection may be
paid by the authority from the proceeds of these bonds. Any county or public authority is hereby authorized to enter into any agreement with
the authority necessary, desirable or convenient to effectuate the provisions of this
subsection. The authority shall not issue bonds or other obligations to effect the refunding or
rescheduling of solid waste facility bonds after December 31, 2002. The authority may refund its own bonds issued for the purposes herein at any time; ff. To pool loans for any local government units that are refunding bonds and do and
perform any and all acts or things necessary, convenient or desirable for the purpose
of the authority to achieve more favorable interest rates and terms for those local
governmental units; gg. To finance projects approved by the board, provide staff support to the board,
oversee and monitor progress on the part of the board in carrying out the revitalization,
economic development and restoration projects authorized pursuant to the “Municipal
Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.) and otherwise fulfilling its responsibilities pursuant thereto; hh. To offer financial assistance to qualified film production companies as provided
in the “New Jersey Film Production Assistance Act,” P.L.2003, c. 182 ( C.34:1B-178 et al.); ii. To finance or develop private or public parking facilities or structures, which
may include the use of solar photovoltaic equipment, in municipalities qualified to
receive State aid pursuant to the provisions of P.L.1978, c. 14 ( C.52:27D-178 et seq. ) and municipalities that contain areas designated pursuant to P.L.1985, c. 398 ( C.52:18A-196 et al.) as Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or a town
center, and to provide appropriate assistance, including but not limited to, extensions
of credit, loans, and guarantees, to municipalities qualified to receive State aid
pursuant to the provisions of P.L.1978, c. 14 ( C.52:27D-178 et seq. ) and municipalities that contain areas designated pursuant to P.L.1985, c. 398 ( C.52:18A-196 et seq. ) as Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or a town center,
and their agencies and instrumentalities or to private entities whose projects are
located in those municipalities, in order to facilitate the financing and development
of parking facilities or structures in such municipalities. The authority may serve as the issuing agent of bonds to finance the undertaking of
a project for the purposes of this subsection; jj. To make grants for the planning, designing, acquiring, constructing, reconstructing,
improving, equipping, and furnishing of a project, including, but not limited to,
grants for working capital and meeting payroll requirements, upon such terms and conditions
as the authority shall deem reasonable, during periods of emergency declared by the
Governor and for the duration of economic disruptions due to the emergency; kk. To purchase and lease real property at a nominal rate when it would result in
a net economic benefit to the State, enhance access to employment and investment for
underserved populations, or increase investment and employment in high-growth technology
sectors ; and ll. To make investments of capital, not to exceed $10,000,000 per project, in New
Jersey film-lease partner facilities, as that term is defined in section 1 of P.L.2018, c. 56 ( C.54:10A-5.39b ) and subsection a. of section 2 of P.L.2018, c. 56 ( C.54A:4-12b ), subject to commercially reasonable and customary terms and conditions as determined
by the authority and the New Jersey film-lease partner facility .
Frequently Asked Questions About New Jersey § 34:1b-5
What does New Jersey Statutes § 34:1b-5 cover?
Section 34:1b-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 34:1b-5?
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Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 34:1b-5 apply to my situation?
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Sources & Verification
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