1. A. Terms not otherwise defined in this Chapter shall have the same meaning given to them in R.S. 51:2771, unless the context clearly requires otherwise.

2. B. In this Chapter, the following terms shall have the meanings provided herein, unless the context clearly indicates otherwise.

   1. Advanced Degree—any academic or professional degree earned after a bachelor’s degree, such as a master’s or doctorate. This term shall not include certifications that demonstrate a professional’s proficiency in specific areas such as IT, unless otherwise approved by the secretary.
   2. Applicant—a person requesting a grant award from LED under this program.
   3. Baseline Jobs—the median statewide number of employees of company, including any named subsidiary in the contract, during the payroll periods including the twelfth day of the month, in the last twelve months completed prior to the application date, or if a later contract effective date is elected and approved, the higher median number of jobs existing either during the payroll periods including the twelfth day of the month, in the last twelve months completed prior to the application date or the contract effective date, as verified on the applicable ES-4 form or equivalent filing form or other documentation as approved by LED. Baseline Jobs must be maintained in any year for which New Job creation benefits are requested.
   4. Baseline Job Payroll—shall mean straight wages excluding overtime, bonus or relocation payments. Partial year employees’ wages may be annualized.
   5. Basic Health Benefits Plan—individual coverage for basic hospital care, physician care, and health care, effective no later than the first day of the month 90 days after hiring, that provides the same coverage as that provided to executive, administrative, and professional employees who are exempt from the minimum wage and maximum hour requirements of the federal Fair Labor Standards Act, 29 U.S.C. 2 201 et seq., and which LED determines to be in compliance with federally mandated healthcare requirements, or if no federally mandated healthcare requirements exist, as otherwise approved by LED. For the purposes of this Paragraph, the term "value" shall mean the cost to the company or the cost of equivalent coverage.
   6. Company—an entity authorized to do business in Louisiana pursuant to state law.
   7. Completion—the date on which all required steps for issuance of grant payments have been completed including but not limited to submission of an expenditure verification report and all necessary support documentation, and payment in full of any CPA fees.
   8. Contract Effective Date—may be no earlier than the date that LED received the application and fee, but no later than 180 days after the application date.

   9. Distressed Area—an area that is economically distressed or underdeveloped, which is defined as:

      1. a. lowest 25 percent of parishes by average annual wage according to the Bureau of Labor Statistics (BLS), or
      2. b. areas considered Deeply Distressed within the New Market Tax Credit program administered by the U.S. Department of the Treasury’s (Treasury) Community Development Financial Institutions Fund (CDFI) in accordance with Internal Revenue Code 26 U.S.C. 45D, and applicable Treasury regulations 26 CFR 1.45D-1, as may be amended, or
      3. c. projects that have a significant community impact, as demonstrated by the associated Regional Economic Development Organization (REDO), or
      4. d. as approved by the secretary.
   10. Expenditure Verification Report—a report of expenses prepared by an independent certified public accountant, selected by LED, paid for by the company, in accordance with R.S. 36:104.1.
   11. Headquartersthe corporate domicile of the company, together with all executive and administrative jobs normally constituting a corporate headquarters, or the regional headquarters support services of the company, together with all executive and administrative jobs normally constituting a regional corporate headquarters.

   12. Jobs—positions of employment that meet all of the following criteria:

       1. a. did not exist in the state for that employer prior to the effective date of the incentive contract entered into pursuant to the provisions of this Chapter.
       2. b. are for full-time, at-will employees. Does not include seasonal or temporary positions.
       3. c. are directly employed by the company or a named subsidiary in the contract.
       4. d. are filled onsite or remotely by Louisiana employees of the company or a named subsidiary in the contract.
       5. e. include a basic health benefits plan.
       6. f. is approved by the secretary.
       7. g. as a general rule, jobs from an acquired Louisiana company shall not be considered a new job for the purposes of this program.
       8. h. jobs shall not mean baseline jobs.
   13. LED—Louisiana Economic Development
   14. Louisiana Employee–a person who qualifies as a resident individual pursuant to R.S. 47:31(1)
   15. New Job Totals—the total number of jobs minus Baseline Jobs
   16. Parish Average Wage—the average wage in a parish as determined annually by the United States Department of Labor, Bureau of Labor Statistics, or its successor agency.
   17. Person—any natural person or legal entity including an individual, corporation, partnership, or limited liability company
   18. Project Site—a physical facility in Louisiana, operating with posted business hours and employing at least one full-time equivalent employee, as identified for a project on the program application
   19. Qualifying Company—a company that is certified by LED as meeting the eligibility requirements of this Section and that has executed a contract with LED providing the terms and conditions for its participation in the program provided for in this Section.
   20. Regional Average Wage—the average wage within the geographic boundaries of the regional economic development organization in which the project is located, as calculated by LED and posted on its website.
   21. Regional Economic Development Organization—any of the following eight state organizations: the Baton Rouge Area Chamber; the Central Louisiana Economic Development Alliance; Greater New Orleans, Inc.; the Northeast Louisiana Economic Alliance; the North Louisiana Economic Partnership; One Acadiana; the South Louisiana Economic Council; the Southwest Louisiana Economic Development Alliance, or any of their successors. Abbreviated and also known as “REDO”.
   22. Retain—to keep employees within an organization
   23. Secretary—Secretary of Louisiana Economic Development
   24. Wages—compensation of an employee based on time worked or output of production but does not include overtime compensation, bonuses or relocation payments.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:104 and R.S. 51:2771

Historical Note

HISTORICAL NOTE: Promulgated by Louisiana Economic Development, Office of Economic Development, LR 51:2101 (December 2025).