New Jersey § 34:1b-5

§ 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 .