N.J. Admin. Code § 19:31W-1.2
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Act" means sections 106 and 107 of P.L. 2020, c. 156.
"Approval letter" means the letter sent by the Authority to the applicant that sets forth the conditions to maintain the approval and to receive the tax credits, the amount of tax credits, the date the commitment period commences, and other requirements to comply with the Program. The approval letter will require the applicant to submit certain additional information on an annual basis in order to preserve the approval of the tax credits.
"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).
"Board" means the Board of the New Jersey Economic Development Authority, established by section 4 of P.L. 1974, c. 80 (N.J.S.A. 34:1B-4).
"Capital investment" means expenses at a qualified facility that a taxpayer incurs prior to the submission of an application to the Authority but by no earlier than March 9, 2020, for:
"College or university" means a county college, an independent institution of higher education, a public research university, or a State college.
"Commitment period" means a five-year period commencing with the date on which an eligible business may claim a tax credit pursuant to the program.
"Completion date of capital investment" means the date of the certificate of occupancy or other indication of completion acceptable to the Authority.
"County college" means an educational institution established by one or more counties, pursuant to Chapter 64A of Title 18A of the New Jersey Statutes.
"Director" means the Director of the Division of Taxation in the Department of the Treasury.
"Independent institution of higher education" means a college or university incorporated and located in New Jersey, which by virtue of law, 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.
"Manufacturing" or "manufacture" means the performance of an operation or series of operations, the object of which is to place items of tangible personal property in a form, composition, or character different from that in which they were acquired. The change must be substantial and must result in a transformation of property into a different or substantially more useable product.
"Mask" means any one of the following:
"New hire" or "new qualifying full-time job" means a qualifying full-time job created by the taxpayer that did not previously exist in this State prior to the start date of capital investment. To qualify as a "new hire," the employee filling the qualifying full-time job shall have been hired between the start date of capital investment and the earlier of:
"Northern counties" means Bergen County, Essex County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Passaic County, Somerset County, Sussex County, Union County, or Warren County.
"Partnership" means an entity classified as a partnership for Federal income tax purposes.
"Personal protective equipment" or "PPE" means coveralls, face shields, gloves, gowns, masks, respirators, footwear coverings, head coverings, safeguard equipment, and other equipment designed to protect the wearer from the spread of infection or illness.
"Privilege period" means the calendar or fiscal accounting period for which a tax is payable under the Corporation Business Tax Act, N.J.S.A. 54:10A-5.
"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. 34:8-67et seq.).
"Program" means the PPE Manufacturing Tax Credit Program established by sections 106 and 107 of P.L. 2020, c. 156.
"Project" means the capital investment and the employment commitment at a qualified facility required by the Act and this subchapter. The capital investment must be completed during privilege periods 2020, 2021, or 2022.
"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 facility" means a facility, or a portion of a facility used in connection with the manufacture of PPE, including pro rata areas such as bathrooms, breakrooms, or administrative spaces that support the manufacture of personal protective equipment, that is:
"Qualifying full-time job" means a full-time position in a business in this State at a qualified facility, which the taxpayer has filled with a full-time employee at least 50 percent of whose time is dedicated to the manufacturing of personal protective equipment in this State or to the support of such manufacturing. The employee's primary place of business shall be the qualified facility, and the employee shall spend at the qualified facility at least 80 percent of the employee's time, or any other period of time generally accepted by custom or practice as full-time employment in New Jersey, as determined by the Authority. The employee shall be employed for at least 35 hours a week and shall be paid employee wages at a rate of not less than $ 15.00 per hour, and the employee's wages shall be subject to withholding as provided in the New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1et seq. A qualifying full-time job shall also include a person who is employed by a professional employer organization pursuant to an employee leasing agreement between the taxpayer and the professional employer organization for the manufacturing of personal protective equipment in this State for at least 35 hours a week and who shall be paid employee wages at a rate of not less than $ 15.00 per hour, and the person's wages shall be subject to withholding as provided in the New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1et seq. The Authority may determine any other standard of service generally accepted by custom or practice as full-time employment. A qualifying full-time job shall not include any person who works as an independent contractor or on a consulting basis for the taxpayer. A qualifying full-time job includes only a position for which the taxpayer provides employee health benefits no later than 90 days following the date of hire under a health benefits plan authorized pursuant to State or Federal law.
"Retained qualifying full-time job" means a qualifying full-time job in a business in this State that was at risk of being eliminated because the taxpayer was negatively impacted by the COVID-19 pandemic or the mitigation measures required by the State after the declared state of emergency on March 9, 2020, including, but not limited to, the taxpayer's business was temporarily shut down, was required to reduce hours, had at least a 20 percent drop in revenue, had been materially impacted by employees who could not work due to the pandemic, or relied on a supply chain that has been materially disrupted and therefore slowed firm-level production. A retained qualifying full-time job may include an employee who was not involved in the manufacturing of personal protective equipment who is transferred to a qualifying full-time job.
"Soft costs" means all costs associated with financing, design, engineering, legal, or real estate commissions, including, but not limited to, architect fees, permit fees, loan origination and closing costs, construction management, and freight and shipping delivery, but not including early lease termination costs, air fare, mileage, tolls, gas, meals, packing material, marketing, temporary signage, incentive consultant fees, Authority fees, loan interest payments, escrows, or other similar costs.
"Southern counties" means the following counties in New Jersey: Atlantic County, Burlington County, Cape May County, Cumberland County, Gloucester County, Ocean County, or Salem County. A facility that is located partially in a southern county and partially in a northern county shall be treated as located entirely within the southern county.
"Square foot of gross leasable area" means a rentable area of the building or structure 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 or structure that penetrate through the floor to areas below. The rentable area of a floor is fixed for the life of a building or structure and is not affected by changes in corridor sizes or configuration.
"Start date of capital investment" means the date of execution of the first contract under which the taxpayer incurs expenses for eligible capital investments at the qualified facility or the date of the first invoice for such expenses, but no earlier than March 9, 2020.
"State college" means a State college or university established pursuant to Chapter 64 of Title 18A of the New Jersey statutes.
"Taxable year" means the calendar or fiscal accounting period for which a tax is payable under the New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1et seq.
"Taxpayer" means the individual, estate, or trust filing a tax return pursuant to the New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1et seq., or the entity filing a tax return pursuant to the Corporation Business Tax, section 5 of P.L. 1945, c. 162 (N.J.S.A. 54:10A-5). A taxpayer shall also include a partnership, a New Jersey S Corporation, or any entity treated as a partnership for tax purposes.
"Technical school" means a program approved by the Department of Education that offers a sequence of courses that provide students with the coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions. A technical education program provides technical skill proficiency, an industry-recognized credential, a certificate, or an associate degree.
N.J. Admin. Code § 19:31W-1.2