N.J. Admin. Code § 18:7-3A.2
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
A "qualified business" means either:
1. An entity authorized to do business in New Jersey which, at the time of designation as an enterprise zone, is engaged in the active conduct of a trade or business in that zone; or
2. An entity which, after that designation but during the designation period of 20 years, becomes newly engaged in the active conduct of a trade or business in that zone, and has at least 25 percent of its full-time employees employed at a business location in the zone, who meet at least one of the following criteria:
i. Resident within the zone, within another zone, or within a qualifying municipality;
ii. Either unemployed, while residing in New Jersey, for at least six months prior to being hired, or recipients of New Jersey public assistance programs, for at least six months prior to being hired;
iii. Determined to be economically disadvantaged pursuant to the Jobs Training Partnership Act, P.L. 97-300 ( 29 U.S.C. §§ 1501 et seq.). Section 1503(8) of that Act defines the term as follows:
"The term 'economically disadvantaged' means an individual who (A) receives, or is a member of a family which receives, cash welfare payments under a Federal, state or local welfare program; (B) has, or is a member of a family which has received a total family income for the six-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of (i) the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or (ii) 70 percent of the lower living standard income level; (C) is receiving food stamps pursuant to the Food Stamp Act of 1977; (D) is a foster child on behalf of whom state or local government payments are made; or (E) in cases permitted by regulations of the Secretary (U.S. Secretary of Labor), is an adult handicapped individual whose own income meets the requirements of clause (A) or (B), but who is a member of a family whose income does not meet such requirements."
For purposes of the corporation business tax credits, the "qualified business" must be a corporation.
"Enterprise zone" or "zone" means an urban enterprise zone designated by the Urban Enterprise Zone Authority under 52:27H-60 et seq.
"Qualifying municipality" means any municipality in which there was, in the last full calendar year immediately preceding the year in which the municipality makes application for enterprise zone designation, an annual average of at least 2,000 unemployed persons, and in which the municipal average annual unemployment rate for that year exceeded the state average annual unemployment rate; except that any municipality that qualifies for state aid pursuant to P.L. 1978, c. 14 (52:27D-178 et seq.) shall qualify if its municipal average unemployment rate for that year exceeded the state average annual unemployment rate. The annual average of unemployed persons and the average annual unemployment rates shall be estimated for the relevant calendar year by the Office of Labor Statistics, Division of Planning and Research of the State Department of Labor. For purposes of P.L. 1983, c. 303 (52:27H-60 et seq.), the seven municipalities in which the six enterprise zones are to be designated pursuant to criteria according priority consideration for designation of these zones pursuant to section 7 of P.L. 1983, c. 303 (52:27H-66 ) shall be deemed qualifying municipalities.
N.J. Admin. Code § 18:7-3A.2
See: 26 N.J.R. 2203(a), 26 N.J.R. 3462(a).
Special amendment, R.2003 d.135, effective 2/27/2003 (to expire August 26, 2003).
See: 35 N.J.R. 1573(a).
In "qualified business", deleted the last sentence in the last paragraph of 2iii.
Adopted concurrent amendment, R.2003 d.370, effective 8/22/2003.
See: 35 N.J.R. 1573(a), 35 N.J.R. 4310(a).
Provisions of R.2003 d.135 adopted without change.
Recodified from N.J.A.C. 18:7-15.2 and amended by R.2007 d.203, effective 7/2/2007.
See: 39 N.J.R. 848(a), 39 N.J.R. 2540(b).
In 2iii of the definition "qualified business", substituted "U.S.C. §§" for "United States Code"; in definition "Enterprise zone", deleted the comma preceding "et seq."; and in definition "Qualifying municipality", substituted "c. 14 (N.J.S.A. 52-27D-178 et. seq.)" for "c.14 (C. 52-27D-178, et seq.)" and "c. 303" for "c.303" two times.