New Jersey § 52:18-42

§ 52:18-42.

As used in P.L.2009, c. 136 ( C.52:18-42 et seq. ) : “ Business ” means a corporation; sole proprietorship; partnership; corporation that has made

an election under Subchapter S of Chapter One of Subtitle A of the Internal Revenue

Code of 1986, 1 or any other business entity through which income flows as a distributive share to

its owners; limited liability company; nonprofit corporation; or any other form

of business organization located either within or outside this State, but excluding

any public or private institution of higher education. “ Environmental infrastructure project ” means the acquisition, construction, improvement, repair or reconstruction of all

or part of any structure, facility or equipment, or real or personal property necessary

for or ancillary to any (1) wastewater treatment system project, including any stormwater

management or combined sewer overflow abatement projects; or (2) water supply project,

as authorized pursuant to P.L.1985, c. 334 ( C.58:11B-1 et seq. ) or P.L.1997, c. 224 ( C.58:11B-10.1 et al.), including any water resources project, as authorized pursuant to P.L.2003, c. 162 , but excluding the acquisition, construction, repair, or reconstruction of any building

or other improvements to real property, or the acquisition or installation of any

equipment or other personal property, that, upon completion, shall constitute a qualified

employment incentive facility. “ Financial assistance ” means funds made available as a grant or loan, including funds derived as proceeds

from the issuance of tax-exempt bonds by the entity providing such assistance , but excluding proceeds from the issuance of any bonds which are issued on a conduit

basis or which are not supported by a full faith and credit pledge of a public entity . “ Garden State Growth Zone ” or “ growth zone ” means the four New Jersey cities with the lowest median family income based on the

2009 American Community Survey from the US Census, (Table 708. Household, Family, and Per Capita Income and Individuals, and Families Below Poverty

Level by City: 2009). “ Lead public agency ” means the public entity designated by the State Treasurer pursuant to section 4

of P.L.2009, c. 136 ( C.52:18-45 ) to serve as the point of contact between a business and every State governmental

entity having oversight of, or involvement in, a project for which the entity or entities

are providing or will provide the business with financial assistance. “ Public entity ” means the State, other than the Judicial branch of State government, any county,

municipality, district, or other political subdivision thereof, and any agency, authority,

or instrumentality of the foregoing, including, but not limited to, any county improvement

authority and any economic development agency, authority, or other entity. “ Qualified employment incentive facility ” means any building or other structure or portion of a building or other structure

that, following the date on which occupation of the building or structure shall have

commenced, shall be used exclusively as the premises of a project, related to the

creation, relocation, or retention of jobs, that qualifies for incentives under the

Business Retention and Relocation Assistance Grant Program established by section

3 of P.L.1996, c. 25 ( C.34:1B-114 ), the Business Employment Incentive Program established by section 3 of P.L.1996, c. 26 ( C.34:1B-126 ), the Grow New Jersey Assistance Program established by P.L.2011, c. 149 ( C.34:1B-242 et seq. ), the Economic Redevelopment and Growth Grant program established by sections 3 though

18 of P.L.2009, c. 90 ( C.52:27D-489c et al.), sections 22 through 24 of the “New Jersey Economic Opportunity Act of 2013,” P.L.2013, c. 161 ( C.52:27D-489q through C.52:27D-489s ) allowing for the establishment of a Garden State Growth Zone, the corporation business tax credit and insurance premium tax credit certificate

transfer program established pursuant to section 17 of P.L.2004, c. 65 ( C.34:1B-120.2 ), the sales and use tax exemption certificate program established pursuant to section

20 of P.L.2004, c. 65 ( C.34:1B-186 ), the exemption of retail sales of energy and utility service to qualified businesses

within an urban enterprise zone from the sales and use tax pursuant to section 23

of P.L.2004, c. 65 ( C.52:27H-87.1 ), the urban transit hub tax credit program established pursuant to P.L.2007, c. 346 ( C.34:1B-207 et seq. ) , or any other program as the State Treasurer shall deem to be of similar kind and

purpose; provided, however, that such exclusive use shall continue for the minimum

period of time prescribed by the applicable law or any regulation adopted pursuant

thereto, or under any project agreement or other contract executed pursuant to such

law or regulation, or if no such minimum period shall be so prescribed, for a period

of four years. “ Redevelopment project ” means a specific work or improvement, including lands, buildings, structures, improvements,

real and personal property or any interest therein, including lands under water, riparian

rights, space rights and air rights, acquired, owned, cleared, graded, developed or

redeveloped, constructed, reconstructed, rehabilitated or improved, undertaken by

a developer, but excluding the acquisition, construction, repair, or reconstruction

of any building or other improvements to real property, or the acquisition or installation

of any equipment or other personal property, that, upon completion, shall constitute

a qualified employment incentive facility. “ Remediation ” or “ remediate ” means all necessary actions to investigate and clean up or respond to any known,

suspected, or threatened discharge of contaminants, including, as necessary, the preliminary

assessment, site investigation, remedial investigation, and remedial action, provided,

however, that “ remediation ” or “ remediate ” shall not include the payment of compensation for damage to, or loss of, natural

resources, and shall not include the acquisition, construction, repair, or reconstruction

of any building or other improvements to real property, or the acquisition or installation

of any equipment or other personal property, that, upon completion, shall constitute

a qualified employment incentive facility. “ State governmental entity ” means the Executive and Legislative branches of the State government, any agency

or instrumentality of the State, including any board, bureau, commission, corporation,

department, or division, any independent State authority, including, but not limited

to, any economic development authority or agency, and any State institution of higher

education. A county, municipality, or school district, or any agency or instrumentality thereof,

shall not be deemed a State governmental entity. 1

Internal Revenue Code sections are found in Title 26 of U.S.C.A.