TRENTON-A recent bill reported out of the New Jersey Assembly Committee aims to expand the Urban Transit Hub Tax credit eligibility criteria to the state’s port areas. But its narrow definition could limit its benefits if it is passed as is, according to one observer.

Assembly Democrats Albert Coutinho and Connie Wagner co-sponsored A-4105 to help create jobs at New Jersey's ports, according to a joint statement. The plan calls for the expansion of the tax credit’s eligibility criteria to include “sites of 100 or more contiguous acres within a port district municipality,” and if there are “there are no suitable 100 or more contiguous acre sites in the nine eligible urban municipalities that could satisfy all of the program requirements.”

That pretty much limits how much effect this could have if passed, says Michael McGuinness, CEO of NAIOP NJ. “There are not that many 100-acre sites,” he notes. “NAIOP has always been in favor of expanding the UTHTC to more cities. The whole port area is clearly one of New Jersey’s strengths.”

The current Urban Transit Hub program extends tax credits equal up to 100% of qualified capital investments made within an eight-year period for a minimum $50 million capital investment in one of nine designated Urban Transit Hubs located within one-half mile of NJ Transit, PATH, PATCO or Light Rail stations: Camden, East Orange, Elizabeth, Hoboken, Jersey City, Newark, New Brunswick, Paterson and Trenton. Extending the bill to port areas could help attract some larger warehouse distribution center projects, McGuinness observes.

"New Jersey's ports have the potential to be among our biggest drivers of job creation and economic development," says Coutinho (D-Essex) in the press release. "We must take advantage of this as much as possible for the benefit of working class New Jerseyans the businesses that employ them. Improving our economic climate is a shared goal and this is a key part of that effort."

The bill also allows other types of businesses to be eligible under the program, including business trusts, sole proprietorships or any other legal entity organized under the laws of New Jersey or of any other state or foreign jurisdiction. Current law allows eligible businesses under the program to be organized as corporations, partnerships, S corporations, or limited liability corporations.

"Job creation and keeping New Jersey competitive must remain our top priority," said Wagner (D-Bergen) in the announcement. "A bill like this is a vital piece of that effort to create jobs and economic development to help our communities and residents thrive. Smart incentives like this can go a long way toward creating a better New Jersey."

NAIOP NJ’s McGuinness said he was “reserving judgment on the bill” because it could be amended as it goes through the legislative process. And other areas also need development, observes.

“We often want to get distribution centers to South Jersey, or to smaller districts such as Metropark or Haddonfield,” he says. And there’s no certainty the bill will pass. “Given our budgetary issues, what are the odds of it passing?” McGuinness says. “I don’t know. But maybe this is doable.”

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