New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Q - GROW NEW JERSEY ASSISTANCE PROGRAM › Subchapter 1 - GROW NEW JERSEY ASSISTANCE PROGRAM › Section 19:31Q-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
"Act" means the Grow New Jersey Assistance Program Act,
					 P.L.
					 2011, c. 149.
"Affiliate" means an entity that directly or indirectly
					 controls, is under common control with, or is controlled by the business.
					 Control exists in all cases in which the entity is a member of a controlled
					 group of corporations as defined pursuant to section
					 1563 of the Internal Revenue Code
					 of 1986 (26 U.S.C. § 1563) or the entity is an organization in a group of
					 organizations under common control as defined pursuant to subsection (b) or (c)
					 of section 414 of the Internal Revenue Code
					 of 1986 (26 U.S.C. § 414) . A taxpayer may establish by clear and
					 convincing evidence, as determined by the Director of the Division of Taxation
					 in the Department of the Treasury, that control exists in situations involving
					 lesser percentages of ownership than required by those statutes. An affiliate
					 of a business may contribute to meeting either the qualified investment or
					 full-time employee requirements of a business that applies for a credit under
					 section
					 3 of
					 P.L.
					 2007, c. 346
					 (N.J.S.A.
					 34:1B-209).
"Authority" means the New Jersey Economic Development
					 Authority established by section 4 of P.L. 1974, c. 80 (N.J.S.A.
					 34:1B-4 et seq.).
"Aviation district" means the area within a one-mile
					 radius of the outermost boundary of the "Atlantic City International Airport,"
					 established pursuant to section 24 of P.L. 1991, c. 252 (N.J.S.A.
					 27:25A-24).
"Board" means the Board of the New Jersey Economic
					 Development Authority.
"Business" means an applicant proposing to own or lease
					 premises, or that has acquired the premises within 24 months prior to project
					 application, in a qualified business facility that is: a corporation that is
					 subject to the tax imposed pursuant to section 5 of P.L. 1945, c. 162
					 (N.J.S.A.
					 54:10A-5), a corporation that is subject to
					 the tax imposed pursuant to sections 2 and 3 of P.L. 1945, c. 132
					 (N.J.S.A.
					 54:18A-2 and
					 54:18A-3), section 1 of P.L. 1950,
					 c. 231 (N.J.S.A. 17:32-15) or
					 N.J.S.A.
					 17B:23-5, or is a partnership, an S
					 corporation, or a limited liability company or a non-profit corporation. If the
					 business or tenant is a cooperative or part of a cooperative, then the
					 cooperative may qualify for credits by counting the full-time employees and
					 capital investments of its member organizations, and the cooperative may
					 distribute credits to its member organizations. If the business or tenant is a
					 cooperative that leases to its member organizations, the lease shall be treated
					 as a lease to an affiliate or affiliates. In connection with a regional
					 distribution facility of foodstuffs, the business entity or entities that own
					 or lease such facility shall qualify as a business regardless of the type of
					 the business entity or entities that own or lease such facility; the ownership
					 or leasing of such facility by more than one business entity; or the ownership
					 of the business entity or entities that own or lease such facility. Such
					 ownership or leasing, whether by members, shareholders, partners, or other
					 owners of the business entity or entities, shall be treated as ownership or
					 leasing by affiliates. Such members, shareholders, partners, or other ownership
					 or leasing participants and others that are tenants in the facility shall be
					 treated as affiliates for the purpose of counting the full-time employees and
					 capital investments in the facility. For the purposes of a regional
					 distribution facility of foodstuffs, leasing shall include subleasing and
					 tenants shall include subtenants. A business shall include an affiliate of the
					 business if that business applies for a credit based upon any capital
					 investment made by or full-time employees of an affiliate. After approval by
					 the Board of the incentive, a business shall include a successor, as determined
					 by the Authority in its sole discretion, to the business and a successor, as
					 determined by the Authority in its sole discretion, to an affiliate of the
					 business if the business applied for a credit based upon any capital investment
					 made by or full-time employees of the affiliate, provided any successor must
					 execute the incentive agreement, which shall include: the obligation to not
					 reduce the number of full-time employees in the successor's Statewide
					 employment in the last tax period prior to the approval of the award; an
					 agreement that all parties to the incentive agreement are jointly and severally
					 liable under the incentive agreement; and an acknowledgment that the tax credit
					 will be allocated to each party to the incentive agreement in accordance with
					 the number of full-time employees that each employs at the qualified business
					 facility.
"Capital investment" in a qualified business facility
					 means expenses by a business or any affiliate of the business incurred after
					 application for: site preparation and construction, repair, renovation,
					 improvement, equipping, or furnishing on real property or of a building,
					 structure, facility, or improvement to real property; obtaining and installing
					 furnishings and machinery, apparatus, or equipment, including, but not limited
					 to, material goods subject to bonus depreciation under sections 168 and 179 of
					 the Federal Internal Revenue Code (26 U.S.C. §§ 168 and 179), for the
					 operation of a business on real property in a building, structure, facility, or
					 improvement to real property, including associated soft costs; and receiving
					 Highlands Development Credits under the Highlands Transfer Development Rights
					 Program authorized pursuant to
					 section
					 13 of
					 P.L.
					 2004, c. 120
					 (N.J.S.A.
					 13:20-13); or any of the preceding. Capital
					 investment includes obtaining and installing furnishings and machinery,
					 apparatus, or equipment for the operation of a business in a building,
					 structure, facility, or improvement to real property, site-related utility and
					 transportation infrastructure improvements, plantings, or other environmental
					 components required to attain the level of silver rating or above in the LEED
					 building rating system, but only to the extent that such capital investments
					 have not received any grant financial assistance from any other State funding
					 source including
					 N.J.S.A.
					 52:27H-80 et seq. (The United States Green
					 Building Council has developed the Leadership in Energy & Environmental
					 Design (LEED) Green Building Rating System for measuring the energy efficiency
					 and environmental sustainability of buildings. The LEED Rating System is a
					 third-party certification program and the nationally accepted benchmark for the
					 design, construction, and operation of high performance buildings.) Vehicles
					 and heavy equipment not permanently located in the building, structure,
					 facility, or improvement shall not constitute a capital investment. Also
					 included is remediation of the qualified business facility, but only to the
					 extent that such remediation has not received financial assistance from any
					 other Federal, State, or local funding source. In a Garden State Growth Zone,
					 the following qualify as a capital investment: any development, redevelopment,
					 and relocation costs, including, but not limited to, site acquisition if made
					 within 24 months of application to the Authority, engineering, legal,
					 accounting, and other professional services required; and relocation,
					 environmental remediation, and infrastructure improvements for the project
					 area, including, but not limited to, on- and off-site utility, road, pier,
					 wharf, bulkhead, or sidewalk construction or repair. A business that acquires
					 or leases a qualified business facility shall also be deemed to have acquired
					 the capital investment made or acquired by the seller or landlord if pertaining
					 primarily to the premises of the qualified business facility, and, if
					 pertaining generally to the qualified business facility being acquired or
					 leased, shall be allocated to the premises of the qualified business facility
					 on the basis of the gross leasable area of the premises in relation to the
					 total gross leasable area in the qualified business facility. The capital
					 investment described in this definition may include any capital investment made
					 or acquired within 24 months prior to the date of application, so long as the
					 amount of capital investment made or acquired by the business, any affiliate of
					 the business, or any owner after the date of application equals at least 50
					 percent of the amount of capital investment, allocated to the premises of the
					 qualified business facility being acquired or leased on the basis of the gross
					 leasable area of the premises in relation to the total gross leasable area in
					 the qualified business facility made or acquired prior to the date of
					 application.
"College or university" means a county college, an
					 independent institution of higher education, a public research university, or a
					 State college.
"Commitment period" means the period of time that is 1.5
					 times the eligibility period.
"Complex of buildings" means buildings that are part of
					 the same financing plan and operational plan.
"County college" means an educational institution
					 established by one or more counties, pursuant to Chapter 64A of Title 18A of
					 the New Jersey Statutes.
"Deep poverty pocket" means a population census tract
					 having a poverty level of 20 percent or more, and which is located within the
					 qualified incentive area.
"Disaster recovery project" means a project located on
					 property that has been wholly or substantially damaged or destroyed as a result
					 of a Federally declared disaster which, after utilizing all disaster funds
					 available from Federal, State, county, and local funding sources, demonstrates
					 to the satisfaction of the Authority that access to additional funding
					 authorized pursuant to the New Jersey Economic Opportunity Act of 2013,
					 P.L.
					 2013, c. 161, is
					 necessary to complete the redevelopment project, and which is located within
					 the qualified incentive area.
"Distressed municipality" means a municipality that is
					 qualified to receive assistance under P.L. 1978, c. 14 (N.J.S.A.
					 52:27D-178 et seq.), a municipality under the
					 supervision of the Local Finance Board pursuant to the provisions of the Local
					 Government Supervision Act (1947), P.L. 1947, c. 151 (N.J.S.A. 52:27BB-1 et
					 seq.), a municipality identified by the Director of the Division of Local
					 Government Services in the Department of Community Affairs to be facing serious
					 fiscal distress, an SDA municipality, or a municipality in which a major rail
					 station is located.
"Doctoral university" means a university located within
					 New Jersey that is classified as a doctoral university under the Carnegie
					 Classification of Institutions of Higher Education's Basic Classification
					 methodology on August 7, 2017, the effective date of
					 P.L.
					 2017, c. 221.
"Eligibility period" means the period in which a business
					 may claim a tax credit under the Grow New Jersey Assistance Program, beginning
					 with the tax period in which the Authority accepts certification of the
					 business that it has met the capital investment and employment requirements of
					 the Grow New Jersey Assistance Program and extending thereafter for a term of
					 not more than 10 years, with the term to be determined solely at the discretion
					 of the applicant, at the time of approval.
"Eligible position" or "full-time job" means a full-time
					 position in a business in this State that the business has filled with a
					 full-time employee. To be eligible as an eligible position or full-time job,
					 the employee must have his or her primary office at the qualified business
					 facility and must spend at least 80 percent of his or her time at the qualified
					 business facility, or spend any other period of time generally accepted by
					 custom or practice as full-time employment at the qualified business facility,
					 as determined by the Authority in its sole discretion based on the
					 characteristics of the employee's job and time at the facility, including, but
					 not limited to, the amount of continuous time spent at the facility and the
					 economic impact of the employee on the area in which the facility is located.
					 For example, a reduced period of time is not applicable to a truck driver or
					 salesperson who does not regularly contribute to the local economy due to the
					 transient nature of his or her job responsibilities at the qualified business
					 facility.
"Full-time employee" means a person: who is employed by a
					 business for consideration for at least 35 hours a week, or who renders any
					 other standard of service generally accepted by custom or practice as full-time
					 employment, or who is employed by a professional employer organization pursuant
					 to an employee leasing agreement between the business and the professional
					 employer organization, in accordance with
					 P.L.
					 2001, c. 260
					 (N.J.S.A.
					 34:8-67 et seq.) for at least 35 hours a
					 week, or who renders any other standard of service generally accepted by custom
					 or practice as full-time employment, and whose wages are subject to withholding
					 as provided in the New Jersey Gross Income Tax Act,
					 N.J.S.A.
					 54A:1-1 et seq., or who is a resident of
					 another state but whose income is not subject to the New Jersey Gross Income
					 Tax Act, N.J.S.A. 54A:1-1 et seq., or who
					 is a partner of a business who works for the partnership for at least 35 hours
					 a week, or who renders any other standard of service generally accepted by
					 custom or practice as full-time employment, and whose distributive share of
					 income, gain, loss, or deduction, or whose guaranteed payments, or any
					 combination thereof, is subject to the payment of estimated taxes, as provided
					 in the New Jersey Gross Income Tax Act,
					 N.J.S.A.
					 54A:1-1 et seq., and who, except for purposes
					 of the Statewide workforce, is provided, by the business, with employee health
					 benefits under a health benefits plan authorized pursuant to State or Federal
					 law. With respect to a logistics, manufacturing, energy, defense, aviation, or
					 maritime business, excluding primarily warehouse or distribution operations,
					 located in a port district having a container terminal: the requirement that
					 employee health benefits are to be provided shall be deemed to be satisfied if
					 the benefits are provided in accordance with industry practice by a third party
					 obligated to provide such benefits pursuant to a collective bargaining
					 agreement; full-time employment shall include, but not be limited to, employees
					 that have been hired by way of a labor union hiring hall or its equivalent; 35
					 hours of employment per week at a qualified business facility shall constitute
					 one "full-time employee," regardless of whether or not the hours of work were
					 performed by one or more persons. 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 (N.J.S.A.
					 52:27BBB-1 et seq.), or any project located in the Atlantic City Tourism
					 District as established pursuant to
					 section
					 5 of
					 P.L.
					 2011, c. 18
					 (N.J.S.A.
					 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, 30 hours of employment per
					 week at a qualified business facility shall constitute one "full-time
					 employee," regardless of whether the hours of work were performed by one or
					 more persons, and the requirement that employee health benefits are to be
					 provided shall be deemed to be satisfied if the employees of the business are
					 covered by a collective bargaining agreement. "Full-time employee" shall not
					 include any person who works as an independent contractor or on a consulting
					 basis for the business. Full-time employee shall also not include any person
					 who at the time of project application works in New Jersey for consideration
					 for at least 35 hours per week, or who renders any other standard of service
					 generally accepted by custom or practice as full-time employment but who prior
					 to project application was not provided, by the business, with employee health
					 benefits under a health benefits plan authorized pursuant to State or Federal
					 law.
"Garden State Create Zone" means the campus of a doctoral
					 university and the area within a three-mile radius of the outermost boundary of
					 the campus of a doctoral university, according to a map appearing in the
					 doctoral university's official catalog or other official publication on August
					 7, 2017, the effective date of
					 P.L.
					 2017, c. 221.
"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 U.S. Census, (Table 708. Household, Family,
					 and Per Capita Income and Individuals, and Families Below Poverty Level by
					 City: 2009); or a municipality which contains a Tourism District as established
					 pursuant to
					 section
					 5 of
					 P.L.
					 2011, c. 18
					 (N.J.S.A.
					 5:12-219) and regulated by the Casino
					 Reinvestment Development Authority.
"Grow New Jersey tax credit transferee" or "tax credit
					 transferee" means if the business transfers its tax credits, pursuant to
					 N.J.A.C. 19:31Q-18.13, the purchaser of the tax credits, including any
					 subsequent purchasers of the tax credits.
"Highlands development credit receiving area or
					 redevelopment area" means an area located within a qualified incentive area and
					 designated by the Highlands Water Protection and Planning Council for the
					 receipt of Highlands Development Credits under the Highlands Transfer of
					 Development Rights Program authorized pursuant to
					 section
					 13 of
					 P.L.
					 2004, c. 120
					 (N.J.S.A.
					 13:20-13).
"Incentive agreement" means the contract between the
					 business and the Authority, which sets forth the terms and conditions under
					 which the business shall be eligible to receive the incentives authorized
					 pursuant to the Program.
"Incentive effective date" means the date the Authority
					 issues a tax credit based on documentation submitted by a business pursuant to
					 paragraph (1) of subsection b. of
					 section
					 6 of
					 P.L.
					 2011, c. 149
					 (N.J.S.A.
					 34:1B-247).
"Independent institution of higher education" means a
					 college or university incorporated and located in New Jersey, which by virtue
					 of law or character or license is a nonprofit educational institution
					 authorized to grant academic degrees and which provides a level of education
					 that is equivalent to the education provided by the State's public institutions
					 of higher education, as attested by the receipt of and continuation of regional
					 accreditation by the Middle States Association of Colleges and Schools, and
					 which is eligible to receive State aid under the provisions of the Constitution
					 of the United States and the Constitution of the State of New Jersey, but does
					 not include any educational institution dedicated primarily to the education or
					 training of ministers, priests, rabbis, or other professional persons in the
					 field of religion.
"Industrial premises" or "industrial space" means premises
					 or space in which at least 51 percent of the square footage will be or has been
					 used for the assembling, processing, and/or manufacturing of finished or
					 partially finished products from materials or fabricated parts, including, but
					 not limited to, factories or as a warehouse if the business uses the warehouse
					 as part of the chain of distribution for products assembled, processed, and/or
					 manufactured by the business at the qualified business facility; for the
					 breaking or demolishing of finished or partially finished products; or for the
					 production of oil or gas or the generation or transformation of
					 electricity.
"Industrial use" means assembling, processing, and/or
					 manufacturing of finished or partially finished products from materials or
					 fabricated parts; the breaking or demolishing of finished or partially finished
					 products; or the production of oil or gas or the generation or transformation
					 of electricity, and including farming purposes as that term is defined under
					 IRC section 6420(c)(3)(A), undertaken in an industrial space.
"Major rail station" means a railroad station located
					 within a qualified incentive area that provides access to the public to a
					 minimum of six rail passenger service lines operated by the New Jersey Transit
					 Corporation.
"Mega project" means:
1. A qualified business facility located in a port district
					 housing a business in the logistics, manufacturing, energy, defense, or
					 maritime industries, either:
i. Having a capital investment in excess of $ 20,000,000,
					 and at which more than 250 full-time employees of the business are created or
					 retained; or
ii. At which more than 1,000 full-time employees of the
					 business are created or retained;
2. A qualified business facility located in an aviation
					 district housing a business in the aviation industry, in a Garden State Growth
					 Zone, or in a priority area housing the United States headquarters and related
					 facilities of an automobile manufacturer, either:
i. Having a capital investment in excess of $ 20,000,000,
					 and at which more than 250 full-time employees of the business are created or
					 retained; or
ii. At which more than 1,000 full-time employees of the
					 business are created or retained;
3. A qualified business facility located in an urban
					 transit hub housing a business of any kind, having a capital investment in
					 excess of $ 50,000,000, and at which more than 250 full-time employees of the
					 business are created or retained;
4. A project located in an area designated in need of
					 redevelopment, pursuant to P.L. 1992, c. 79 (N.J.S.A.
					 40A:12A-1 et seq.), prior to the enactment of
					 P.L.
					 2014, c. 63, within
					 Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, or Salem
					 counties, having capital investment in excess of $ 20,000,000, and at which
					 more than 150 full-time employees of the business are created or retained;
					 or
5. For applications submitted after July 1, 2016, a
					 qualified business facility primarily used by a business principally engaged in
					 research, development, or manufacture of a drug or device, as defined in
					 N.J.S.A.
					 24:1-1, or primarily used by a business
					 licensed to conduct a clinical laboratory and business facility pursuant to the
					 "New Jersey Clinical Laboratory Improvement Act," P.L. 1975, c. 166
					 (N.J.S.A.
					 45:9-42.26 et seq.), either:
i. Having a capital investment in excess of $ 20,000,000,
					 and at which more than 250 full-time employees of the business are created or
					 retained; or
ii. At which more than 1,000 full-time employees of the
					 business are created or retained.
"Minimum environmental and sustainability standards" means
					 the standards set forth in the green building manual prepared by the
					 Commissioner of the Department of Community Affairs pursuant to
					 section
					 1 of
					 P.L.
					 2007, c. 132
					 (N.J.S.A.
					 52:27D-130.6), regarding the use of renewable
					 energy, energy-efficient technology, and non-renewable resources in order to
					 reduce environmental degradation and encourage long-term cost reduction.
"Moderate-income housing" means housing affordable,
					 according to United States Department of Housing and Urban Development or other
					 recognized standards for home ownership and rental costs, and occupied or
					 reserved for occupancy by households with a gross household income equal to
					 more than 50 percent but less than 80 percent of the median gross household
					 income for households of the same size within the housing region in which the
					 housing is located.
"Municipal Revitalization Index" means the 2007 index by
					 the Office for Planning Advocacy within the Department of State measuring or
					 ranking municipal distress.
"New full-time job" means an eligible position created by
					 the business at the qualified business facility that did not previously exist
					 in this State. For the purposes of determining a number of new full-time jobs,
					 the eligible positions of an affiliate shall be considered eligible positions
					 of the business.
"Non-gaming business" means any business, or portion of
					 any business, which is not engaged in the operation of casino gambling or other
					 gaming as defined in
					 N.J.S.A.
					 5:12-218. For projects that contain both
					 gaming and non-gaming operations, the number of full-time jobs and amounts of
					 eligible capital investment shall be apportioned based on the proportionate
					 revenue from all non-gaming revenue compared to total revenue, for example, if
					 gaming revenue is 40 percent of total revenue, then 60 percent of the full-time
					 employees would be deemed non-gaming and in an eligible position for the
					 program.
"Other eligible area" means the portions of the qualified
					 incentive area that are not located within a distressed municipality, or the
					 priority area.
"Partnership" means an entity classified as a partnership
					 for Federal income tax purposes.
"Port district" means the portions of a qualified
					 incentive area that are located within: the Port of New York District of the
					 Port Authority of New York and New Jersey, as defined in Article II of the
					 Compact Between the States of New York and New Jersey of 1921; or a 15-mile
					 radius of the outermost boundary of each marine terminal facility established,
					 acquired, constructed, rehabilitated, or improved by the South Jersey Port
					 District established pursuant to The South Jersey Port Corporation Act, P.L.
					 1968, c. 60 (N.J.S.A. 12:11A-1 et seq.).
"Priority area" means the portions of the qualified
					 incentive area that are not located within a distressed municipality and which:
					 are designated pursuant to the State Planning Act, P.L. 1985, c. 398
					 (N.J.S.A.
					 52:18A-196 et seq.), as Planning Area 1
					 (Metropolitan), Planning Area 2 (Suburban), a designated center under the State
					 Development and Redevelopment Plan, or a designated growth center in an
					 endorsed plan until June 30, 2013, or until the State Planning Commission
					 revises and readopts New Jersey's State Strategic Plan and adopts regulations
					 to revise this definition; intersect with portions of a deep poverty pocket, a
					 port district, or were Federally owned land approved for closure under a
					 Federal Commission on Base Realignment and Closure action; are the proposed
					 site of a disaster recovery project, a qualified incubator facility, a
					 highlands development credit receiving area or redevelopment area, a tourism
					 destination project, or transit oriented development; or contain a vacant
					 commercial building having over 400,000 square feet of office, laboratory, or
					 industrial space available for occupancy for a period of over one year; or a
					 site that has been negatively impacted by the approval of a "qualified business
					 facility," as defined pursuant to
					 section
					 2 of
					 P.L.
					 2007, c. 346
					 (N.J.S.A.
					 34:1B-208).
"Professional employer organization" means an employee
					 leasing company registered with the Department of Labor and Workforce
					 Development pursuant to
					 P.L.
					 2001, c. 260
					 (N.J.S.A.
					 34:8-67 et seq.).
"Program" means the Grow New Jersey Assistance Program
					 established pursuant to
					 P.L.
					 2011, c. 149 and
					 provided in this subchapter.
"Project" means the capital investment and the employment
					 commitment at a qualified business facility pursuant to the incentive
					 agreement.
"Public research university" means a public research
					 university as defined in section 3 of P.L. 1994, c. 48 (N.J.S.A.
					 18A:3B-3).
"Qualified business facility" means any building, complex
					 of buildings, or structural components of buildings, and all machinery and
					 equipment located within a qualified incentive area, used in connection with
					 the operation of a business that is not engaged in final point of sale retail
					 business at that location, which shall not include a university research
					 hospital, unless the building, complex of buildings, or structural components
					 of buildings, and all machinery and equipment located within a qualified
					 incentive area, are used in connection with the operation of: a final point of
					 sale retail business located in a Garden State Growth Zone that will include a
					 retail facility of at least 150,000 square feet, of which at least 50 percent
					 is occupied by either a full service supermarket or grocery store; or a tourism
					 destination project located in the Atlantic City Tourism District as
					 established pursuant to
					 section
					 5 of
					 P.L.
					 2011, c. 18
					 (N.J.S.A.
					 5:12-219).
"Qualified incentive area" means an aviation district, a
					 port district, a distressed municipality, urban transit hub municipality, or an
					 area:
1. Designated as Planning Area 1 (Metropolitan), Planning
					 Area 2 (Suburban), or Planning Area 3 (Fringe Planning Area), pursuant to the
					 State Planning Act, P.L. 1985, c. 398 (N.J.S.A.
					 52:18A-196 et seq.); or
2. Located within:
i. A smart growth area and planning area designated in a
					 master plan adopted by the New Jersey Meadowlands Commission pursuant to
					 subsection (i) of section 6 of P.L. 1968, c. 404 (N.J.S.A.
					 13:17-6) or subject to a redevelopment plan
					 adopted by the New Jersey Meadowlands Commission pursuant to section 20 of P.L.
					 1968, c. 404 (N.J.S.A. 13:17-21);
ii. Any land owned by the New Jersey Sports and Exposition
					 Authority, established pursuant to P.L. 1971, c. 137 (N.J.S.A.
					 5:10-1 et seq.), within the boundaries of the
					 Hackensack Meadowlands District as delineated in section 4 of P.L. 1968, c. 404
					 (N.J.S.A.
					 13:17-4), including the sports complex, that
					 is, the 750-acre sports and exposition site located in the Borough of East
					 Rutherford under the jurisdiction of the New Jersey Sports and Exposition
					 Authority as of the effective date of
					 P.L.
					 2015, c. 19
					 (N.J.S.A.
					 5:10A-1 et seq.) and such additional property
					 that is owned and controlled by the New Jersey Sports and Exposition Authority
					 as may be designated by the Meadowlands Regional Commission, as established by
					 P.L. 1971, c. 137 (N.J.S.A. 5:10-1 et seq.), P.L.
					 1968, c. 404 (N.J.S.A. 13:17-1 et seq.), and
					 section
					 6 of
					 P.L.
					 2015, c. 19
					 (N.J.S.A.
					 5:10A-6) from time to time as part of the
					 sports complex;
iii. A regional growth area, a rural development area zoned
					 for industrial use as of December 15, 2016, the effective date of
					 P.L.
					 2016, c. 75, a town, a
					 village, or a military and Federal installation area designated in the
					 comprehensive management plan prepared and adopted by the Pinelands Commission
					 pursuant to the Pinelands Protection Act, P.L. 1979, c. 111 (N.J.S.A.
					 13:18A-1 et seq.);
iv. The planning area of the Highlands Region as defined in
					 section
					 3 of
					 P.L.
					 2004, c. 120
					 (N.J.S.A.
					 13:20-3) or in a highlands development credit
					 receiving area or redevelopment area;
v. A Garden State Growth Zone;
vi. Land approved for closure under any Federal Commission
					 on Base Realignment and Closure action; or
vii. Areas designated pursuant to the State Planning Act,
					 P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et seq.), as
					 Planning Area 4A (Rural Planning Area), Planning Area 4B (Rural/Environmentally
					 Sensitive), or Planning Area 5 (Environmentally Sensitive) only if such areas
					 are located within:
(1) A designated center under the State Development and
					 Redevelopment Plan;
(2) A designated growth center in an endorsed plan until
					 the State Planning Commission revises and readopts New Jersey's State Strategic
					 Plan and adopts rules to revise this definition as it pertains to Statewide
					 planning areas;
(3) Any area determined to be in need of redevelopment
					 pursuant to sections 5 and 6 of P.L. 1992, c. 79 (N.J.S.A.
					 40A:12A-5 and
					 40A:12A-6) or in need of
					 rehabilitation pursuant to section 14 of P.L. 1992, 40 c. 79 (N.J.S.A.
					 40A:12A-14);
(4) Any area on which a structure exists or previously
					 existed, including any desired expansion of the footprint of the existing or
					 previously existing structure, provided the expansion otherwise complies with
					 all applicable Federal, State, county, and local permits and approvals;
(5) The planning area of the Highlands Region as defined in
					 section
					 3 of
					 P.L.
					 2004, c. 120
					 (N.J.S.A.
					 13:20-3) or a highlands development credit
					 receiving area or redevelopment area; or
(6) Any area on which an existing tourism destination
					 project is located.
"Qualified incentive area" shall not include any property
					 located within the preservation area of the Highlands Region as defined in
					 section
					 3 of
					 P.L.
					 2004, c. 120
					 (N.J.S.A.
					 13:20-3).
"Qualified incubator facility" means a commercial building
					 located within a qualified incentive area: that contains 50,000 or more square
					 feet of office, laboratory, or industrial space; that is located near, and
					 presents opportunities for collaboration with a research institution, teaching
					 hospital, college, or university, which is evidenced by a written agreement
					 that demonstrates this collaboration; and within which, at least 50 percent of
					 the gross leasable area is restricted for use by one or more technology startup
					 companies during the commitment period. The restricted space may be comprised
					 of non-contiguous areas, and its location within the qualified incubator
					 facility may change from time to time.
"Retained full-time job" means an eligible position that
					 currently exists in New Jersey and is filled by a full-time employee but which,
					 because of a potential relocation by the business, is at risk of being lost to
					 another state or country or eliminated. For the purposes of determining a
					 number of retained full-time jobs, the eligible positions of an affiliate shall
					 be considered eligible positions of the business. For a project located in a
					 Garden State Growth Zone that qualified for the Municipal Rehabilitation and
					 Economic Recovery Act,
					 P.L.
					 2002, c. 43 (N.J.S.A.
					 52:27BBB-1 et seq.) or a project located in a Garden State Growth Zone that
					 contains a Tourism District as established pursuant to
					 P.L.
					 2011, c. 18, §5
					 (N.J.S.A.
					 5:12-219) and regulated by the Casino
					 Reinvestment Development Authority, "retained full-time job" shall include any
					 employee previously employed in New Jersey and transferred to the new location
					 in the Garden State Growth Zone that qualified for the Municipal Rehabilitation
					 and Economic Recovery Act,
					 P.L.
					 2002, c. 43 (N.J.S.A.
					 52:27BBB-1 et seq.) or in the Garden State Growth Zone that contains a Tourism
					 District as established pursuant to
					 P.L.
					 2011, c. 18, §5
					 (N.J.S.A.
					 5:12-219) and regulated by the Casino
					 Reinvestment Development Authority. For the purposes of the certifications and
					 annual reports required pursuant to the incentive agreement,
					 N.J.S.A.
					 34:1B-245.e or 247.b(2), to the extent an
					 eligible position that was the basis of the award no longer exists, a business
					 shall include as a retained full-time job a new eligible position that is
					 filled by a full-time employee as set forth N.J.A.C. 19:31Q-1.4(d).
"SDA district" means an "SDA district" as defined in
					 section
					 3 of
					 P.L.
					 2000, c. 72
					 (N.J.S.A. 18A:7G-3).
"SDA municipality" means a municipality in which an SDA
					 district is situate.
"Soft costs" means all costs associated with financing,
					 design, engineering, legal, or real estate commissions, provided they do not
					 exceed 20 percent of total capital investment.
"Square feet" means the sum of all areas on all floors of
					 a building included within the outside faces of its exterior walls, including
					 all vertical penetration areas, for circulation and shaft areas that connect
					 one floor to another, disregarding cornices, pilasters, buttresses, and similar
					 structures, that extend beyond the wall faces.
"Square feet of gross leasable area" or "gross leasable
					 area" means rentable area of the building as calculated pursuant to the
					 measuring standards of the project. This standard will be defined in the lease
					 for tenant applicants. The rentable area measures the tenant's pro rata portion
					 of the entire office floor, including public corridors, restrooms, janitor
					 closets, utility closets, and machine rooms used in common with other tenants,
					 but excluding elements of the building that penetrate through the floor to
					 areas below. The rentable area of a floor is fixed for the life of a building
					 and is not affected by changes in corridor sizes or configuration.
"State college" means a State college or university
					 established pursuant to Chapter 64 of Title 18A of the New Jersey
					 Statutes.
"Substantial environmental remediation" means the
					 completion of the necessary actions to investigate and cleanup or respond to
					 any known, suspected, or threatened discharge of contaminants, including, as
					 necessary, the preliminary assessment, site investigation, remedial
					 investigation, and remedial action, pursuant to
					 N.J.S.A.
					 58:10B-1 et seq., which shall equal at least
					 five percent of the capital investment in a qualified business facility.
"Targeted industry" means any industry identified from
					 time to time by the Authority including initially, a transportation,
					 manufacturing, defense, energy, logistics, life sciences, technology, health,
					 and finance business, but excluding a primarily warehouse, distribution, or
					 fulfillment center business.
"Technology startup company" means a for-profit business
					 that has been in operation fewer than five years and is developing or possesses
					 a proprietary technology or business method of a high technology or life
					 science-related product, process, or service, which the business intends to
					 move to commercialization. The business shall be deemed to have begun operation
					 on the date that the business first hired at least one employee in a full-time
					 position.
"Tourism destination project" means a qualified non-gaming
					 business facility that will be among the most visited privately owned or
					 operated tourism or recreation sites in the State, and which is located within
					 the qualified incentive area and has been determined by the Authority to be in
					 an area appropriate for development and in need of economic development
					 incentive assistance, including a non-gaming business facility within an
					 established Tourism District with a significant impact on the economic
					 viability of that District.
"Transit oriented development" means a qualified business
					 facility located within a 1/2-mile radius, or one-mile radius for projects
					 located in a Garden State Growth Zone, surrounding the mid-point of a New
					 Jersey Transit Corporation, Port Authority Transit Corporation, or Port
					 Authority Trans-Hudson Corporation rail, bus, or ferry station platform area,
					 including all light rail stations. For the purposes of determining the transit
					 project bonus pursuant to
					 N.J.A.C.
					 19:31-8.8(c)4, a bus station
					 platform is a terminal as listed on the EDA's website at
www.njeda.com
.
"Urban transit hub" means an urban transit hub, as defined
					 in section 10 of
					 P.L.
					 2007, c. 346
					 (N.J.S.A.
					 34:1B-208), that is located within an
					 eligible municipality, as defined in section 10 of
					 P.L.
					 2007, c. 346
					 (N.J.S.A.
					 34:1B-208) and also located within a
					 qualified incentive area.
"Urban transit hub municipality" means a municipality that
					 qualifies for State aid pursuant to P.L. 1978, c. 14 (N.J.S.A.
					 52:27D-17 178 et seq.), or that has continued
					 to be a qualified municipality thereunder pursuant to P.L. 2007, c. 111; and in
					 which 30 percent or more of the value of real property was exempt from local
					 property taxation during tax year 2006. The percentage of exempt property shall
					 be calculated by dividing the total exempt value by the sum of the net
					 valuation that is taxable and that which is tax exempt.
"Withholdings" means the amount withheld by a business
					 from the wages of full-time employees or estimated taxes paid by, or on behalf
					 of, partners that are full-time employees, or any combination thereof, pursuant
					 to the New Jersey Gross Income Tax Act,
					 N.J.S.A.
					 54A:1-1 et seq. Withholdings shall not
					 include amounts withheld by a business from stock options or from stock
					 options, money, or other payments given to a full-time employee pursuant to the
					 termination of employment of the full-time employee. Withholdings shall include
					 amounts withheld by a business from money or other payments given to a
					 full-time employee pursuant to a bonus for commencing employment or for
					 services rendered by the full-time employee.