New Jersey § 34:1b-333

§ 34:1b-333.

a. As used in this section, “ transformative project ” means a redevelopment project : that has a project financing gap ; that has a total project cost of at least $150,000,000; that includes 200,000 or more square feet of new or substantially renovated industrial, commercial, or

residential space for a project located in a government-restricted municipality, that includes 250,000 or more square feet of film studios, professional stages, television

studios, recording studios, screening rooms, or other infrastructure for film production , that includes 300,000 or more square feet of new or substantially renovated industrial,

commercial, or residential space for a project located in an enhanced area, or that

includes 500,000 or more square feet of new or substantially renovated industrial,

commercial, or residential space for any other project; and , for a commercial project, that is of special economic importance as measured by the level of new jobs, new capital

investment, opportunities to leverage leadership in a high-priority targeted industry,

or other state priorities as determined by the authority pursuant to rules and regulations

promulgated to implement this section. Notwithstanding the provisions of subsection b. of section 14 of P.L.2023 c. 98 ( C.34:1B-335.1 ) to the contrary, for applications submitted on and after the effective date of P.L.2023, c. 98 ( C.34:1B-335.1 et al.), if the redevelopment project is located entirely on land designated by the

Department of Environmental Protection as a brownfield development area pursuant to

section 7 of P.L.2005, c. 223 ( C.58:10B-25.1 ), and the project cost of the redevelopment project includes at least $15,000,000

in environmental remediation costs, the redevelopment project shall constitute a project

of special economic importance. A transformative project may be completed in phases, which phases may be determined

by the authority based on factors such as written architectural plans and specifications

completed before or during the physical work, certificates of occupancy, or financial

and operational plans. The criteria developed by the authority shall include, but shall not be limited to: (1) the extent to which the proposed transformative project would create modern facilities

that enhance the State's competitiveness in attracting targeted industries; (2)(a) for a residential project, the construction of 700 or more new residential units; (b) for a residential project containing less than 700 new residential units, the construction of 200 or more new residential units if the project is located in a government-restricted

municipality, 300 or more residential units if the project is located in an enhanced area, or 400 or more residential units for all other mixed-use projects; (c) for a residential project containing less than 700 new residential units, the construction of 50,000 square feet or more of commercial space ; and (d) for a residential project, 20 percent of the new residential units shall be constructed

for occupancy by low- and moderate-income households with affordability controls as adopted by the authority, in consultation with the agency, in accordance with paragraph

(2) of subsection a. of section 56 of P.L.2020, c. 156 ( C.34:1B-324 ), except that a residential project receiving a federal historic rehabilitation tax

credit pursuant to section 47 of the federal Internal Revenue Code of 1986 , 26 U.S.C. s. 47 , or a tax credit pursuant to the “Historic Property Reinvestment Act,” sections 2

through 8 of P.L.2020, c. 156 ( C.34:1B-270 through C.34:1B-276 ), shall be exempt from the affordability controls related to bedroom distribution ; and (3) the extent to which the proposed project would leverage the competitive economic

development advantages of the State's mass transit assets, higher education assets,

and other economic development assets in attracting or retaining both employers and

skilled workers generally or in targeted industries. A “transformative project” shall not include a redevelopment project at which more

than 50 percent of the premises is occupied by one or more businesses engaged in final

point of sale retail. b. (1) The authority may award incentive awards to transformative projects in accordance

with the provisions of sections 55 through 67 of P.L.2020, c. 156 ( C.34:1B-323 through C.34:1B-335 ). (2)(a) For transformative projects completed in phases, the developer shall enter

into a transformative phase agreement with the authority. (b) As used in this subsection, “ transformative phase agreement ” shall mean a sub-agreement of the incentive award agreement that governs the timing,

capital investment, and other applicable details of the respective phase of a phased

project. (3) Notwithstanding the provisions of section 57 of P.L.2020, c. 156 ( C.34:1B-325 ), or any other section of P.L.2020, c. 156 ( C.34:1B-269 et al.) to the contrary, a transformative project shall be completed, and the developer shall be issued a certificate

of occupancy for the transformative project facilities by the applicable enforcing

agency, within five years of executing the incentive award agreement, except that

the authority may, in its discretion, extend this deadline by up to one additional

year. For transformative projects completed in phases, the transformative project shall be

completed, and the developer shall be issued certificates of occupancy for all phases

of the transformative project facilities by the applicable enforcing agency, within 10 years of executing either the incentive award agreement or the first transformative

phase agreement corresponding to the transformative project. (4) Notwithstanding the provisions of sections 55 and 60 of P.L.2020, c. 156 ( C.34:1B-323 and C.34:1B-328 ), or any other section of P.L.2020, c. 156 ( C.34:1B-269 et al.) to the contrary, each phase of a transformative project completed in phases shall

have a separate eligibility period. After completing each phase, the developer shall submit a certification that the phase

is completed. If the authority approves the certification, the tax credit allowed to the developer

shall be increased by the tax credit amount corresponding to that phase. Notwithstanding the different eligibility periods for each phase, all conditions and

requirements applicable during an eligibility period pursuant to sections 55 through

67 of P.L.2020, c. 156 ( C.34:1B-323 through C.34:1B-335 ) shall apply to the entire transformative project until the end of the eligibility

period for the last phase. (5) Notwithstanding the provisions of section 60 of P.L.2020, c. 156 ( C.34:1B-328 ), or any other section of P.L.2020, c. 156 ( C.34:1B-269 et al.) to the contrary, for a transformative project completed in phases, a review of the

project financing gap shall be performed at the certification of completion of each

phase, and the authority shall re-evaluate the developer's rate of return in the seventh

year and at the end of the eligibility period for the last phase, provided that the

authority may also re-evaluate the developer's rate of return during the fifth year

of any earlier phase. (6) A transformative project receiving an incentive award pursuant to this section,

other than a project that includes 250,000 or more square feet of film studios, professional

stages, television studios, recording studios, screening rooms or other infrastructure

for film production, shall be located in an incentive area, a distressed municipality,

a government-restricted municipality, or an enhanced area. A transformative project receiving an incentive award pursuant to this section that

includes 250,000 or more square feet of film studios, professional stages, television

studios, recording studios, screening rooms or other infrastructure for film production

may be located anywhere in the State. The authority shall not consider an application for a transformative project unless

the applicant submits with its application a letter evidencing support for the transformative

project from the governing body of the municipality in which the transformative project

is located. c. The authority shall review the transformative project cost, evaluate and validate

the project financing gap estimated by the developer, and conduct a State fiscal impact

analysis to ensure that the overall public assistance provided to the transformative

project will result in a net positive benefit to the State. In determining whether a transformative project will result in a net positive benefit

to the State, the authority shall not consider the value of any taxes exempted, abated,

rebated, or retained under the “Five-Year Exemption and Abatement Law,” P.L.1991, c. 441 ( C.40A:21-1 et seq. ), the “Long Term Tax Exemption Law,” P.L.1991, c. 431 ( C.40A:20-1 et al.), the “New Jersey Urban Enterprise Zones Act,” P.L.1983, c. 303 ( C.52:27H-60 et seq. ), or any other law that has the effect of lowering or eliminating the developer's

State or local tax liability. The determination made pursuant to this subsection shall be based on the potential

tax liability of the developer without regard for potential tax losses if the developer

were to locate in another state. The authority shall assess the cost of these reviews to the applicant. A developer shall pay to the authority the full amount of the direct costs of an analysis

concerning the developer's application for an incentive award that a third party retained

by the authority performs, if the authority deems such retention to be necessary.

The authority shall evaluate the net economic benefits on a present value basis under

which the requested tax credit allocation amount is discounted to present value at

the same discount rate as the projected benefits from the implementation of the proposed

transformative project for which an award of tax credits is being sought. Projects that are predominantly residential shall be excluded from the calculation

of the net benefit test required pursuant to this subsection. d. In determining net benefits for any business or person considering locating in

a transformative project and applying to receive from the authority any other economic

development incentive subsequent to the award of transformative project tax credits

pursuant to section 65 of P.L.2020, c. 156 ( C.34:1B-333 ), the authority shall not credit the business or person with any benefit that was

previously credited to the transformative project pursuant to section 65 of P.L.2020, c. 156 ( C.34:1B-333 ). e. The authority shall administer the credits awarded pursuant to this section in

accordance with the provisions of sections 62 and 63 of P.L.2020, c. 156 ( C.34:1B-330 and C.34:1B-331 ). f. Prior to allocating an incentive award to a developer, the authority shall confirm

with the Department of Labor and Workforce Development, the Department of Environmental

Protection, and the Department of the Treasury that the developer is in substantial

good standing with the respective department, or the developer has entered into an

agreement with the respective department that includes a practical corrective action

plan, and the developer shall certify that each contractor or subcontractor performing

work at the transformative project: (1) is registered as required by “The Public Works

Contractor Registration Act,” P.L.1999, c. 238 ( C.34:11-56.48 et seq. ); (2) has not been debarred by the Department of Labor and Workforce Development

from engaging in or bidding on Public Works Contracts in the State; and (3) possesses

a tax clearance certificate issued by the Division of Taxation in the Department of

the Treasury. The authority may also contract with an independent third party to perform a background

check on the developer. g. Notwithstanding the limitation on incentive awards set forth in subsection b. of

section 61 and section 98 of P.L.2020, c. 156 ( C.34:1B-329 and C.34:1B-362 ) to the contrary, the authority may allow a developer of a transformative project

a tax credit in an amount not to exceed the lesser of: (1)(a) 80 percent of the total project cost for a transformative project that is located

in a government-restricted municipality; (b) 60 percent of the total project cost for a residential transformative project

that receives a four-percent allocation from the federal Low Income Housing Tax Credit

Program administered by the agency or a transformative project that is located in

a qualified incentive tract, enhanced area, or a municipality with a Municipal Revitalization

Index score of at least 50; or (c) 50 percent of the total project cost for any other transformative project; (2) the total value of the project financing gap ; or (3) $400,000,000, except that for a transformative project that is developed in phases, the $400,000,000 limitation on incentive awards set forth in this paragraph shall apply to the total aggregate award for all phases of the transformative project.