New Jersey § 34:1b-246

Full text of New Jersey New Jersey Statutes § 34:1b-246, with citation guidance and answers to common questions.

§ 34:1b-246.

a. The total amount of the tax credit for an eligible business for each new or retained full-time job shall

be as set forth in subsections b. through f. of this section. The total tax credit amount shall be calculated and credited to the business annually

for each year of the eligibility period. Notwithstanding any other provisions of P.L.2013, c. 161 ( C.52:27D-489p et al.), a business may assign its ability to apply for the tax credit under this

subsection to a non-profit organization with a mission dedicated to attracting investment

and completing development and redevelopment projects in a Garden State Growth Zone. The non-profit organization or organization operating a qualified incubator facility

may make an application on behalf of a business which meets the requirements for the

tax credit, or a group of non-qualifying businesses or positions, located at a qualified

business facility, that shall be considered a unified project for the purposes of

the incentives provided under this section. For any project located in a Garden State Growth Zone that qualifies under the “Municipal

Rehabilitation and Economic Recovery Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), or any project located in a Garden State Growth Zone which contains a Tourism

District as established pursuant to section 5 of P.L.2011, c. 18 ( C.5:12-219 ) and regulated by the Casino Reinvestment Development Authority, and which will include

a retail facility of at least 150,000 square feet, of which at least 50 percent will

be occupied by either a full-service supermarket or grocery store, a business may

assign its ability to apply for the tax credit under this subsection to the developer

of the facility. The developer may make an application on behalf of the business which meets the

requirements for the tax credit, or a group of non-qualifying businesses located at

the business facility, that shall be considered a unified project for the purposes

of the incentives provided under this section, and the developer may apply for tax

credits available based on the number of jobs provided by the business or businesses

and the total capital investment of the business or businesses and the developer. b. The base amount of the tax credit for each new or retained full-time job shall

be as follows: (1) (a) for a qualified business facility located within an urban transit hub municipality , located within a Garden State Growth Zone , or which is a mega project, $5,000 per year; (b) for a qualified business facility located within a Garden State Create Zone and

used by an eligible business in a targeted industry to conduct a collaborative research

relationship with a doctoral university within the zone, $5,000 per year; (2) for a qualified business facility located within a distressed municipality but

not qualifying under paragraph (1) of this subsection, $4,000 per year; (3) for a project in a priority area, $3,000 per year; and (4) for a project in other eligible areas, $500 per year. c. In addition to the base amount of the tax credit, the amount of the tax credit

to be awarded for each new or retained full-time job shall be increased if the qualified

business facility meets any of the following priority criteria or other additional

or replacement criteria determined by the authority from time to time in response

to evolving economic or market conditions: (1) for a qualified business facility located in a deep poverty pocket or in an area

that is the subject of a Choice Neighborhoods Transformation Plan funded by the federal

Department of Housing and Urban Development, an increase of $1,500 per year; (2) for a qualified business facility located in a qualified incubator facility, an

increase of $500 per year; (3) for a qualified business facility located in a mixed-use development that incorporates

sufficient moderate income housing on site to accommodate a minimum of 20 percent

of the full-time employees of the business, an increase of $500 per year; (4) for a qualified business facility located within a transit oriented development,

an increase of $2,000 per year; (5) for a qualified business facility, other than a mega project, at which the capital

investment in industrial premises for industrial use by the business is in excess

of the minimum capital investment required for eligibility pursuant to subsection

b. of section 3 of P.L.2011, c. 149 ( C.34:1B-244 ), an increase of $1,000 per year for each additional amount of investment that exceeds

the minimum amount required for eligibility by 20 percent, with a maximum increase

of $3,000 per year; (6) for a business with new full-time jobs and retained full-time jobs at the project

with an average salary in excess of the existing average salary for the county in

which the project is located, or, in the case of a project in a Garden State Growth

Zone, a business that employs full-time positions at the project with an average salary

in excess of the average salary for the Garden State Growth Zone, an increase of $250

per year during the commitment period for each 35 percent by which the project's average

salary levels exceeds the county or Garden State Growth Zone average salary, with

a maximum increase of $1,500 per year; (7) for a business with large numbers of new full-time jobs and retained full-time

jobs during the commitment period, the increases shall be in accordance with the following

schedule: (a) if the number of new full-time jobs and retained full-time jobs is between 251

and 400, $500 per year; (b) if the number of new full-time jobs and retained full-time jobs is between 401

and 600, $750 per year; (c) if the number of new full-time jobs and retained full-time jobs is between 601

and 800, $1000 per year; (d) if the number of new full-time jobs and retained full-time jobs is between 801

and 1,000, $1,250 per year; (e) if the number of new full-time jobs and retained full-time jobs is in excess of

1,000, $1,500 per year; (8) for a business in a targeted industry, an increase of $500 per year; (9) for a qualified business facility exceeding the Leadership in Energy and Environmental

Design's “Silver” rating standards or completes substantial environmental remediation,

an additional increase of $250 per year; (10) for a mega project or a project located within a Garden State Growth Zone at

which the capital investment in industrial premises for industrial use by the business exceeds the minimum capital investment required for eligibility pursuant to subsection b.

of section 3 of P.L.2011, c. 149 ( C.34:1B-244 ), an increase of $1,000 per year for each additional amount of investment that exceeds

the minimum amount by 20 percent, with a maximum increase of $5,000 per year; (11) for a project in which a business retains at least 400 jobs and is located within

the municipality in which it was located immediately prior to the filing of the application

hereunder and is the United States headquarters of an automobile manufacturer, an

increase of $1,500 per year; (12) for a project located in a municipality in Atlantic, Burlington, Camden, Cape

May, Cumberland, Gloucester, Ocean, and Salem counties with a 2007 Municipality Revitalization

Index greater than 465, an increase of $1,000 per year; (13) for a project located within a half-mile of any light rail station constructed

after the effective date of P.L.2013, c. 161 ( C.52:27D-489p et al.), an increase of $1,000 per year; (14) for a marine terminal project in a municipality located outside the Garden State

Growth Zone, but within the geographical boundaries of the South Jersey Port District,

an increase of $1,500 per year; (15) for a project located within an area determined to be in need of redevelopment

pursuant to sections 5 and 6 of P.L.1992, c. 79 ( C.40A:12A-5 and C.40A:12A-6 ), and which is located within a quarter mile of at least one United States Highway

and at least two New Jersey State Highways, an increase of $1,500 per year; (16) for a project that generates solar energy on site for use within the project

of an amount that equals at least 50 percent of the project's electric supply service

needs, an increase of $250 per year; (17) for a qualified business facility that includes a vacant commercial building

having over 1,000,000 square feet of office or laboratory space available for occupancy

for a period of over one year, an increase of $1,000 per year ; and (18) for an eligible business in a targeted industry at a qualified business facility

on the campus of a college or university other than a doctoral university, or at a

qualified business facility within a three-mile radius of the outermost boundary of

the campus of a college or university other than a doctoral university, which facility

is used by the business to conduct a collaborative research relationship with the

college or university, an increase of $1,000 per year. The boundary of the campus of a college or university shall be based upon a map

appearing in the college's or university's official catalog or other official publication

on the effective date of P.L.2017, c. 221 . d. The gross amount of the tax credit for an eligible business for each new or retained

full-time job shall be the sum of the base amount as set forth pursuant to subsection

b. of this section and the various additional bonus amounts for which the business

is eligible pursuant to subsection c. of this section, subject to the following limitations: (1) for a mega project or a project in a Garden State Growth Zone, the gross amount

for each new or retained full-time job shall not exceed $15,000 per year; (2) for a qualified business facility located within an urban transit hub municipality or a Garden State Create Zone , the gross amount for each new or retained full-time job shall not exceed $12,000

per year; (3) for a qualified business facility in a distressed municipality the gross amount

for each new or retained full-time job shall not exceed $11,000 per year; (4) for a qualified business facility in other priority areas, the gross amount for

each new or retained full-time job shall not exceed $10,500 per year; (5) for a qualified business facility in other eligible areas, the gross amount for

each new or retained full-time job shall not exceed $6,000 per year; and (6) for a disaster recovery project, the gross amount for each new or retained full-time

job shall not exceed $2,000 per year. Notwithstanding anything to the contrary set forth herein and in the provisions of

subsections a. through f. of this section, but subject to the provisions of paragraph

(1) of subsection f. of this section, for a project located within a Garden State

Growth Zone which qualifies for the “Municipal Rehabilitation and Economic Recovery

Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.), which creates 35 or more full-time jobs new to the municipality, the total

tax credit shall be: (a) for a project which creates 35 or more full-time jobs new to the municipality

and makes a capital investment of at least $5,000,000, the total tax credit amount

per full-time job shall be the greater of: (i) the total tax credit amount for a