New Jersey 2018-2019 Regular Session Status: Introduced

S3268 —

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed General Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018-2019 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Identical bill: A4908 —

Bill Text

What changed in the latest version

619 added · 619 removed

Plain-language change summary

The amendment clarifies that school facilities projects not financed and constructed under a specific subsection will continue to follow the guidelines of two existing laws. It also specifies that certain costs associated with school facilities, including remodeling and additional financial obligations, will be accounted for. Finally, it defines "district aid percentage," which measures the aid a school district receives relative to its budget. This change is important as it ensures consistency in how school facilities projects are financed and establishes a clear calculation for aid distribution.

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SWEENEY District 3 (Cumberland, Gloucester and Salem)         SYNOPSIS      Eliminates NJ Schools Development Authority and transfers its school construction responsibilities to EDA.
SWEENEY District 3 (Cumberland, Gloucester and Salem) Senator  KRISTIN M.
CORRADO District 40 (Bergen, Essex, Morris and Passaic)         SYNOPSIS      Eliminates NJ Schools Development Authority and transfers its school construction responsibilities to EDA.
     "District aid percentage" means the number expressed as a percentage derived from dividing the district's equalization aid calculated pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53) as of the date of the commissioner's determination of preliminary eligible costs by the district's adequacy budget calculated pursuant to section of P.L.2007, c.260 (C.18A:7F-51) as of the date of the commissioner's determination of preliminary eligible costs;
     "District aid percentage" means the number expressed as a percentage derived from dividing the district's equalization aid calculated pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53) as of the date of the commissioner's determination of preliminary eligible costs by the district's adequacy budget calculated pursuant to section 9 of P.L.2007, c.260 (C.18A:7F-51) as of the date of the commissioner's determination of preliminary eligible costs;
     "Lease purchase payment" means and includes payment of principal and interest for lease purchase agreements in excess of five years approved pursuant to subsection (f) of N.J.S.18A:20-4.2 prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.) to finance the purchase or construction of school facilities, additions to school facilities, or the reconstruction, remodeling, alteration, modernization, renovation or repair of school facilities, including furnishings, equipment, architect fees and issuance costs.
     "Lease purchase payment" means and includes payment of principal and interest for lease purchase agreements in excess of five years approved pursuant to subsection (f) of N.J.S.18A:20-4.2 prior to the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.) to finance the purchase or construction of school facilities, additions to school facilities, or the reconstruction, remodeling, alteration, modernization, renovation or repair of school facilities, including furnishings, equipment, architect fees and issuance costs.  Approved lease purchase agreements in excess of five years shall be accorded the same accounting treatment as school bonds;
 Approved lease purchase agreements in excess of five years shall be accorded the same accounting treatment as school bonds;
     c.     Notwithstanding any provision of N.J.S.18A:18A-16 to the contrary, the procedures for obtaining approval of a school facilities project shall be as set forth in this act;
     c.    Notwithstanding any provision of N.J.S.18A:18A-16 to the contrary, the procedures for obtaining approval of a school facilities project shall be as set forth in this act;
     (2)   In the case of an SDA district school facilities project, based upon its educational priority ranking and the Statewide strategic plan established pursuant to subsection m.
     (2)  In the case of an SDA district school facilities project, based upon its educational priority ranking and the Statewide strategic plan established pursuant to subsection m.
     e.     The commissioner shall review each proposed school facilities project to determine whether it is consistent with the district's long-range facilities plan and whether it complies with the facilities efficiency standards and the area allowances per FTE student derived from those standards;
     e.    The commissioner shall review each proposed school facilities project to determine whether it is consistent with the district's long-range facilities plan and whether it complies with the facilities efficiency standards and the area allowances per FTE student derived from those standards;
     (1)   The commissioner shall approve area allowances in excess of the area allowances per FTE student derived from the facilities efficiency standards if the board of education or State district superintendent, as appropriate, demonstrates that school facilities needs related to required programs cannot be addressed within the facilities efficiency standards and that all other proposed spaces are consistent with those standards.  The commissioner shall approve area allowances in excess of the area allowances per FTE student derived from the facilities efficiency standards if the additional area allowances are necessary to accommodate centralized facilities to be shared among two or more school buildings within the district and the centralized facilities represent a more cost effective alternative.
     (1)  The commissioner shall approve area allowances in excess of the area allowances per FTE student derived from the facilities efficiency standards if the board of education or State district superintendent, as appropriate, demonstrates that school facilities needs related to required programs cannot be addressed within the facilities efficiency standards and that all other proposed spaces are consistent with those standards.  The commissioner shall approve area allowances in excess of the area allowances per FTE student derived from the facilities efficiency standards if the additional area allowances are necessary to accommodate centralized facilities to be shared among two or more school buildings within the district and the centralized facilities represent a more cost effective alternative.
     (2)   The commissioner may waive a facilities efficiency standard if the board of education or State district superintendent, as appropriate, demonstrates to the commissioner's satisfaction that the waiver will not adversely affect the educational adequacy of the school facility, including the ability to deliver the programs and services necessary to enable all students to achieve the core curriculum content standards.
     (2)  The commissioner may waive a facilities efficiency standard if the board of education or State district superintendent, as appropriate, demonstrates to the commissioner's satisfaction that the waiver will not adversely affect the educational adequacy of the school facility, including the ability to deliver the programs and services necessary to enable all students to achieve the core curriculum content standards.
     (3)   To house the district's central administration, a district may request an adjustment to the approved areas for unhoused students of 2.17 square feet for each FTE student in the projected total district school enrollment if the proposed administrative offices will be housed in a school facility and the district demonstrates either that the existing central administrative offices are obsolete or that it is more practical to convert those offices to instructional space.  To the extent that existing administrative space will continue to be used for administrative purposes, the space shall be included in the formulas set forth in section 7 of P.L.2000, c.72 (C.18A:7G-7).
     (3)  To house the district's central administration, a district may request an adjustment to the approved areas for unhoused students of 2.17 square feet for each FTE student in the projected total district school enrollment if the proposed administrative offices will be housed in a school facility and the district demonstrates either that the existing central administrative offices are obsolete or that it is more practical to convert those offices to instructional space.  To the extent that existing administrative space will continue to be used for administrative purposes, the space shall be included in the formulas set forth in section 7 of P.L.2000, c.72 (C.18A:7G-7).
     (4)   The commissioner shall approve spaces in excess of, or inconsistent with, the facilities efficiency standards, hereinafter referred to as nonconforming spaces, upon a determination by the district that the spaces are necessary to comply with State or federal law concerning individuals with disabilities, including that the spaces are necessary to provide in-district programs and services for current disabled pupils who are being served in out-of-district placements or in-district programs and services for the projected disabled pupil population.  A district may apply for additional State aid for nonconforming spaces that will permit pupils with disabilities to be educated to the greatest extent possible in the same buildings or classes with their nondisabled peers.  The nonconforming spaces may:
     (4)  The commissioner shall approve spaces in excess of, or inconsistent with, the facilities efficiency standards, hereinafter referred to as nonconforming spaces, upon a determination by the district that the spaces are necessary to comply with State or federal law concerning individuals with disabilities, including that the spaces are necessary to provide in-district programs and services for current disabled pupils who are being served in out-of-district placements or in-district programs and services for the projected disabled pupil population.  A district may apply for additional State aid for nonconforming spaces that will permit pupils with disabilities to be educated to the greatest extent possible in the same buildings or classes with their nondisabled peers.  The nonconforming spaces may:
     (1)   In the case of a district other than an SDA district, the commissioner shall notify the district whether the school facilities project is approved and, if so approved, the preliminary eligible costs and the excess costs, if any.
     (1)  In the case of a district other than an SDA district, the commissioner shall notify the district whether the school facilities project is approved and, if so approved, the preliminary eligible costs and the excess costs, if any.
     (2)   In the case of an SDA district, the commissioner shall promptly prepare and submit to the [development] authority a preliminary project report which shall consist, at a minimum, of the following information:  a complete description of the school facilities project;
     (2)  In the case of an SDA district, the commissioner shall promptly prepare and submit to the [development] authority a preliminary project report which shall consist, at a minimum, of the following information:  a complete description of the school facilities project;
     (1)   In the event that the [development] authority determines that the school facilities project can be completed within the preliminary eligible costs:
     (1)  In the event that the [development] authority determines that the school facilities project can be completed within the preliminary eligible costs:
     (2)   In the event that the [development] authority determines that the school facilities project cannot be completed within the preliminary eligible costs, prior to the submission of its recommendations to the commissioner, the [development] authority shall, in consultation with the district and the commissioner, determine whether changes can be made in the project which will result in a reduction in costs while at the same time meeting the facilities efficiency standards approved by the commissioner.
     (2)  In the event that the [development] authority determines that the school facilities project cannot be completed within the preliminary eligible costs, prior to the submission of its recommendations to the commissioner, the [development] authority shall, in consultation with the district and the commissioner, determine whether changes can be made in the project which will result in a reduction in costs while at the same time meeting the facilities efficiency standards approved by the commissioner.
     (b)   If the [development] authority determines that it is not possible to make changes in the school facilities project so that it can be completed within the preliminary eligible costs either because the additional costs are the result of factors outside the control of the district or the additional costs are required to meet the facilities efficiency standards, the [development] authority shall recommend to the commissioner that the preliminary eligible costs be increased accordingly, whereupon the commissioner shall:
     (b)  If the [development] authority determines that it is not possible to make changes in the school facilities project so that it can be completed within the preliminary eligible costs either because the additional costs are the result of factors outside the control of the district or the additional costs are required to meet the facilities efficiency standards, the [development] authority shall recommend to the commissioner that the preliminary eligible costs be increased accordingly, whereupon the commissioner shall:
     (d)   For a school facilities project [undertaken] constructed by the [development] authority, the [development] authority shall be responsible for any costs of construction, but only from the proceeds of bonds issued by the [financing] authority pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.) and P.L.2007, c.137 (C.52:18A-235 et al.), which exceed the amount originally projected by the [development] authority and approved for financing by the [development] authority, provided that the excess is the result of an underestimate of labor or materials costs by the [development] authority.  After receipt by the [development] authority of the final project report, the district shall be responsible only for the costs associated with changes, if any, made at the request of the district to the scope of the school facilities project.
     (d)  For a school facilities project [undertaken] constructed by the [development] authority, the [development] authority shall be responsible for any costs of construction, but only from the proceeds of bonds issued by the [financing] authority pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.) and P.L.2007, c.137 (C.52:18A-235 et al.), which exceed the amount originally projected by the [development] authority and approved for financing by the [development] authority, provided that the excess is the result of an underestimate of labor or materials costs by the [development] authority.  After receipt by the [development] authority of the final project report, the district shall be responsible only for the costs associated with changes, if any, made at the request of the district to the scope of the school facilities project.
     (2)   Following the approval of an SDA district's long-range facilities plan or of an amendment to that plan, but prior to authorization of preconstruction activities for a school facilities project included in the plan or amendment, the commissioner shall establish, in consultation with the SDA district, an educational priority ranking of all school facilities projects in the SDA district based upon the commissioner's determination of critical need in accordance with priority project categories developed by the commissioner.  The priority project categories shall include, but not be limited to, health and safety, overcrowding in the early childhood, elementary, middle, and high school grade levels, spaces necessary to provide in-district programs and services for current disabled students who are being served in out-of-district placements or in-district programs and services for the projected disabled student population, rehabilitation, and educational adequacy.
     (2)  Following the approval of an SDA district's long-range facilities plan or of an amendment to that plan, but prior to authorization of preconstruction activities for a school facilities project included in the plan or amendment, the commissioner shall establish, in consultation with the SDA district, an educational priority ranking of all school facilities projects in the SDA district based upon the commissioner's determination of critical need in accordance with priority project categories developed by the commissioner.  The priority project categories shall include, but not be limited to, health and safety, overcrowding in the early childhood, elementary, middle, and high school grade levels, spaces necessary to provide in-district programs and services for current disabled students who are being served in out-of-district placements or in-district programs and services for the projected disabled student population, rehabilitation, and educational adequacy.
     (3)   Upon the commissioner's determination of the educational priority ranking of school facilities projects in SDA districts pursuant to paragraph (2) of this subsection, the [development] authority, in consultation with the commissioner, the SDA districts, and the governing bodies of the municipalities in which the SDA districts are situate, shall establish a Statewide strategic plan to be used in the sequencing of SDA district school facilities projects based upon the projects' educational priority rankings and issues which impact the [development] authority's ability to complete the projects including, but not limited to, the construction schedule and other appropriate factors.  The [development] authority shall revise the Statewide strategic plan and the sequencing of SDA district school facilities projects in accordance with that plan no less than once every five years.
     (3)  Upon the commissioner's determination of the educational priority ranking of school facilities projects in SDA districts pursuant to paragraph (2) of this subsection, the [development] authority, in consultation with the commissioner, the SDA districts, and the governing bodies of the municipalities in which the SDA districts are situate, shall establish a Statewide strategic plan to be used in the sequencing of SDA district school facilities projects based upon the projects' educational priority rankings and issues which impact the [development] authority's ability to complete the projects including, but not limited to, the construction schedule and other appropriate factors.  The [development] authority shall revise the Statewide strategic plan and the sequencing of SDA district school facilities projects in accordance with that plan no less than once every five years.
     (4)   In the case of a district other than an SDA district, the commissioner shall establish a priority process for the financing of school facilities projects based upon the commissioner's determination of critical need in accordance with priority project categories developed by the commissioner.  The priority project categories shall include, but not be limited to, health and safety, overcrowding in the elementary, middle, and high school grade levels, spaces necessary to provide in-district programs and services for current disabled students who are being served in out-of-district placements or in-district programs and services for the projected disabled student population, and full-day kindergarten facilities in the case of school districts required to provide full-day preschool pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54).
     (4)  In the case of a district other than an SDA district, the commissioner shall establish a priority process for the financing of school facilities projects based upon the commissioner's determination of critical need in accordance with priority project categories developed by the commissioner.  The priority project categories shall include, but not be limited to, health and safety, overcrowding in the elementary, middle, and high school grade levels, spaces necessary to provide in-district programs and services for current disabled students who are being served in out-of-district placements or in-district programs and services for the projected disabled student population, and full-day kindergarten facilities in the case of school districts required to provide full-day preschool pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54).
     c.     The county improvement authority shall lease the county vocational school district school facilities project to the county which shall then lease it for nominal consideration to the county vocational school district for as long as the county improvement authority bonds or refunding bonds are outstanding.
     c.    The county improvement authority shall lease the county vocational school district school facilities project to the county which shall then lease it for nominal consideration to the county vocational school district for as long as the county improvement authority bonds or refunding bonds are outstanding.
     e.     When the bonds issued by a county improvement authority are no longer outstanding, the leases and liens of the county and the county improvement authority shall expire and the county vocational school district school facilities project shall be solely vested in the county vocational school district.  The county vocational school district shall be responsible for the operation, maintenance, and improvement of the school facility upon the completion of the school facilities project.
     e.    When the bonds issued by a county improvement authority are no longer outstanding, the leases and liens of the county and the county improvement authority shall expire and the county vocational school district school facilities project shall be solely vested in the county vocational school district.  The county vocational school district shall be responsible for the operation, maintenance, and improvement of the school facility upon the completion of the school facilities project.
     (1)   wherever possible, a building site shall be chosen with adequate space to accommodate bus and vehicular traffic separately and permit additional space for the proper evacuation of occupants;
     (1)  wherever possible, a building site shall be chosen with adequate space to accommodate bus and vehicular traffic separately and permit additional space for the proper evacuation of occupants;
     (2)   wherever possible, bus drop-off/pick-up areas shall be separated from other vehicular drop-off/pick-up areas;
     (2)  wherever possible, bus drop-off/pick-up areas shall be separated from other vehicular drop-off/pick-up areas;
     (3)   wherever possible, pedestrian routes shall be separated from vehicular routes, and crossing of the two shall be minimized;
     (3)  wherever possible, pedestrian routes shall be separated from vehicular routes, and crossing of the two shall be minimized;
     (4)   the number of anterior doors shall be kept to a minimum as necessary to satisfy operational considerations and meet code requirements, and wherever possible exterior door hardware shall be eliminated from doors that are intended only for emergency egress;
     (4)  the number of anterior doors shall be kept to a minimum as necessary to satisfy operational considerations and meet code requirements, and wherever possible exterior door hardware shall be eliminated from doors that are intended only for emergency egress;
     (5)   there is a single public entrance to be used during the school day which shall be equipped with a security vestibule with interior doors that must be released by school security or other staff.  The district or [development] authority shall give consideration to providing bullet resistant glazing in the interior vestibule doors and windows;
     (5)  there is a single public entrance to be used during the school day which shall be equipped with a security vestibule with interior doors that must be released by school security or other staff.  The district or [development] authority shall give consideration to providing bullet resistant glazing in the interior vestibule doors and windows;
     (6)   all marked entrances shall conform to a uniform numbering system in order to assist emergency responders in locating particular areas.  The principal's office shall have a secondary exit;
     (6)  all marked entrances shall conform to a uniform numbering system in order to assist emergency responders in locating particular areas.  The principal's office shall have a secondary exit;
     (7)   interior door locks on spaces that will serve as safe havens during lockdowns shall have a keyless locking mechanism;
     (7)  interior door locks on spaces that will serve as safe havens during lockdowns shall have a keyless locking mechanism;
     (8)   new school buildings shall be provided with access control systems which allow for remote locking and unlocking of all building access doors;
     (8)  new school buildings shall be provided with access control systems which allow for remote locking and unlocking of all building access doors;
and      (9)   new school buildings shall be designed and built in such a manner that areas intended for public use may be separated and secured from all other areas.
and      (9)  new school buildings shall be designed and built in such a manner that areas intended for public use may be separated and secured from all other areas.
     (1)   employ the Crime Prevention through Environmental Design principles;
     (1)  employ the Crime Prevention through Environmental Design principles;
     (3)   make driveways one way, if possible, that lead to a clearly marked visitor parking area.  STOP signs and other traffic calming devices shall be used to keep vehicles at a reasonable speed;
     (3)  make driveways one way, if possible, that lead to a clearly marked visitor parking area.  STOP signs and other traffic calming devices shall be used to keep vehicles at a reasonable speed;
     (4)   place bollards along the roadway or curb line in front of the school to prevent vehicles from gaining access to exterior walls, windows, and doors, or in areas of the property where vehicles are prohibited;
     (4)  place bollards along the roadway or curb line in front of the school to prevent vehicles from gaining access to exterior walls, windows, and doors, or in areas of the property where vehicles are prohibited;
     (5)   clearly mark the school's main entrance and make it easily visible and recognizable;
     (5)  clearly mark the school's main entrance and make it easily visible and recognizable;
     (6)   limit the number of doors for access by staff;
     (6)  limit the number of doors for access by staff;
     (7)   lock exterior doors, and when they are in use for a large entry/exit provide that they are staffed and monitored;
     (7)  lock exterior doors, and when they are in use for a large entry/exit provide that they are staffed and monitored;
     (8)   utilize an access control system with remote unlocking features, an intercom, and fixed cameras at the school's main entrance and for other entrances as funding permits;
     (8)  utilize an access control system with remote unlocking features, an intercom, and fixed cameras at the school's main entrance and for other entrances as funding permits;
     (9)   clearly mark all entrances with a numerical sequence to allow for specific response by police, fire, and emergency medical services responders;
     (9)  clearly mark all entrances with a numerical sequence to allow for specific response by police, fire, and emergency medical services responders;
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     c.     The commissioner, in consultation with the [development] authority, may revise the architectural design standards for new school construction established pursuant to subsection a.
     c.    The commissioner, in consultation with the [development] authority, may revise the architectural design standards for new school construction established pursuant to subsection a.
     c.     In order to implement the arrangements established for school facilities projects which are to be constructed by the [development] authority and financed pursuant to this section, a district shall enter into an agreement with the [development] authority and the commissioner containing the terms and conditions determined by the parties to be necessary to effectuate the project.
     c.    In order to implement the arrangements established for school facilities projects which are to be constructed by the [development] authority and financed pursuant to this section, a district shall enter into an agreement with the [development] authority and the commissioner containing the terms and conditions determined by the parties to be necessary to effectuate the project.
     e.     (1)  [Within one year of the effective date of P.L.2007, c.137 (C.52:18A-235 et al.), the] The commissioner, in consultation with the [development] authority, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations by which the commissioner shall determine whether an SDA district is eligible to be considered by the [development] authority to manage a school facilities project or projects.  In making the determination, the commissioner shall consider the district's fiscal integrity and operations, the district's performance in each of the five key components of school district effectiveness under the New Jersey Quality Single Accountability Continuum (NJQSAC) in accordance with section 10 of P.L.1975, c.212 (C.18A:7A-10), and other relevant factors.
     e.    (1)  [Within one year of the effective date of P.L.2007, c.137 (C.52:18A-235 et al.), the] The commissioner, in consultation with the [development] authority, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations by which the commissioner shall determine whether an SDA district is eligible to be considered by the [development] authority to manage a school facilities project or projects.  In making the determination, the commissioner shall consider the district's fiscal integrity and operations, the district's performance in each of the five key components of school district effectiveness under the New Jersey Quality Single Accountability Continuum (NJQSAC) in accordance with section 10 of P.L.1975, c.212 (C.18A:7A-10), and other relevant factors.
     (2)   [Within one year of the effective date of P.L.2007, c.137 (C.52:18A-235 et al.), the development] The authority, in consultation with the commissioner, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations by which the [development] authority shall determine the capacity of an SDA district, deemed eligible by the commissioner pursuant to paragraph (1) of this subsection, to manage a school facilities project or projects identified by the [development] authority.  In making the determination, the [development] authority shall consider the experience of the SDA district, the size, complexity, and cost of the project, time constraints, and other relevant factors.
     (2)  [Within one year of the effective date of P.L.2007, c.137 (C.52:18A-235 et al.), the development] The authority, in consultation with the commissioner, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations by which the [development] authority shall determine the capacity of an SDA district, deemed eligible by the commissioner pursuant to paragraph (1) of this subsection, to manage a school facilities project or projects identified by the [development] authority.  In making the determination, the [development] authority shall consider the experience of the SDA district, the size, complexity, and cost of the project, time constraints, and other relevant factors.
     (3)   The [development] authority, in consultation with the commissioner, shall develop and implement training programs, seminars, or symposia to provide technical assistance to SDA districts deemed to lack the capacity to manage a school facility project or projects;
     (3)  The [development] authority, in consultation with the commissioner, shall develop and implement training programs, seminars, or symposia to provide technical assistance to SDA districts deemed to lack the capacity to manage a school facility project or projects;
     (4)   If the [development] authority determines to delegate a school facilities project to an SDA district in accordance with paragraph (2) of this subsection, the [development] authority, the commissioner, and the district shall enter into a grant agreement.
     (4)  If the [development] authority determines to delegate a school facilities project to an SDA district in accordance with paragraph (2) of this subsection, the [development] authority, the commissioner, and the district shall enter into a grant agreement.
     a.     The [financing] authority shall have the power, pursuant to the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.1974, c.80 (C.34:1B-1 et seq.) [and] , P.L.2007, c.137 (C.52:18A-235 et al.) , and P.L.   , c.   (C.   ) (pending before the Legislature as this bill) , to issue bonds and refunding bonds, incur indebtedness and borrow money secured, in whole or in part, by moneys received pursuant to sections 17, 18 and 19 of P.L.2000, c.72 (C.18A:7G-17, C.18A:7G-18 and C.18A:7G-19) for the purposes of:
     a.    The [financing] authority shall have the power, pursuant to the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.1974, c.80 (C.34:1B-1 et seq.) [and] , P.L.2007, c.137 (C.52:18A-235 et al.) , and P.L.   , c.   (C.   ) (pending before the Legislature as this bill) , to issue bonds and refunding bonds, incur indebtedness and borrow money secured, in whole or in part, by moneys received pursuant to sections 17, 18 and 19 of P.L.2000, c.72 (C.18A:7G-17, C.18A:7G-18 and C.18A:7G-19) for the purposes of:
     c.     Each issue of bonds or refunding bonds of the [financing] authority shall be special obligations of the [financing] authority payable out of particular revenues, receipts or funds, subject only to any agreements with the holders of bonds or refunding bonds, and may be secured by other sources of revenue, including, but not limited to, one or more of the following:
     c.    Each issue of bonds or refunding bonds of the [financing] authority shall be special obligations of the [financing] authority payable out of particular revenues, receipts or funds, subject only to any agreements with the holders of bonds or refunding bonds, and may be secured by other sources of revenue, including, but not limited to, one or more of the following:
     (1)   Pledge of the revenues and other receipts to be derived from the payment of local unit obligations and any other payment made to the [financing] authority pursuant to agreements with any local unit, or a pledge or assignment of any local unit obligations, and the rights and interest of the [financing] authority therein;
     (1)  Pledge of the revenues and other receipts to be derived from the payment of local unit obligations and any other payment made to the [financing] authority pursuant to agreements with any local unit, or a pledge or assignment of any local unit obligations, and the rights and interest of the [financing] authority therein;
     (2)   Pledge of rentals, receipts and other revenues to be derived from leases or other contractual arrangements with any person or entity, public or private, including one or more local units, or a pledge or assignment of those leases or other contractual arrangements and the rights and interests of the [financing] authority therein;
     (2)  Pledge of rentals, receipts and other revenues to be derived from leases or other contractual arrangements with any person or entity, public or private, including one or more local units, or a pledge or assignment of those leases or other contractual arrangements and the rights and interests of the [financing] authority therein;
     (3)   Pledge of all moneys, funds, accounts, securities and other funds, including the proceeds of the bonds;
     (3)  Pledge of all moneys, funds, accounts, securities and other funds, including the proceeds of the bonds;
     (4)   Pledge of the receipts to be derived from payments of State aid to the [financing] authority pursuant to section 21 of P.L.2000, c.72 (C.18A:7G-21);
     (4)  Pledge of the receipts to be derived from payments of State aid to the [financing] authority pursuant to section 21 of P.L.2000, c.72 (C.18A:7G-21);
     (5)   Pledge of the contract or contracts with the State Treasurer pursuant to section 18 of P.L.2000, c.72 (C.18A:7G-18);
     (5)  Pledge of the contract or contracts with the State Treasurer pursuant to section 18 of P.L.2000, c.72 (C.18A:7G-18);
     (6)   Pledge of any sums remitted to the local unit by donation from any person or entity, public or private, subject to the approval of the State Treasurer;
     (6)  Pledge of any sums remitted to the local unit by donation from any person or entity, public or private, subject to the approval of the State Treasurer;
     (7)   A mortgage on all or any part of the property, real or personal, comprising a school facilities project then owned or thereafter to be acquired, or a pledge or assignment of mortgages made to the [financing] authority by any person or entity, public or private, including one or more local units and rights and interests of the [financing] authority therein;
     (7)  A mortgage on all or any part of the property, real or personal, comprising a school facilities project then owned or thereafter to be acquired, or a pledge or assignment of mortgages made to the [financing] authority by any person or entity, public or private, including one or more local units and rights and interests of the [financing] authority therein;
and      (8)   The receipt of any grants, reimbursements or other payments from the federal government.
and      (8)  The receipt of any grants, reimbursements or other payments from the federal government.
     e.     The [financing] authority is authorized to engage, subject to the approval of the State Treasurer and in such manner as the State Treasurer shall determine, the services of financial advisors and experts, placement agents, underwriters, appraisers, and other advisors, consultants and agents as may be necessary to effectuate the financing of school facilities projects.
     e.    The [financing] authority is authorized to engage, subject to the approval of the State Treasurer and in such manner as the State Treasurer shall determine, the services of financial advisors and experts, placement agents, underwriters, appraisers, and other advisors, consultants and agents as may be necessary to effectuate the financing of school facilities projects.
of this section rather than annual debt service aid under section 9 of P.L.2000, c.72 (C.18A:7G-9).
of this section rather than annual debt service aid under section 9 of P.L.2000, c.72 (C.18A:7G-9).  The State share payable to the district shall equal the product of the project's final eligible costs and the district aid percentage or 40%, whichever is greater.
 The State share payable to the district shall equal the product of the project's final eligible costs and the district aid percentage or 40%, whichever is greater.
     b.    The commissioner shall establish a process for the annual allocation of grant funding.  Under that process, the commissioner shall annually notify districts of the date on which the commissioner shall begin to receive applications for grant funding.  A district shall have 90 days from that date to submit an application to the commissioner.  The commissioner shall make a decision on a district's application within 90 days of the submission of all such applications and shall allocate the grant funding in accordance with the priority process established pursuant to paragraph (4) of subsection m.
     b.    The commissioner shall establish a process for the annual allocation of grant funding.
 Under that process, the commissioner shall annually notify districts of the date on which the commissioner shall begin to receive applications for grant funding.  A district shall have 90 days from that date to submit an application to the commissioner.  The commissioner shall make a decision on a district's application within 90 days of the submission of all such applications and shall allocate the grant funding in accordance with the priority process established pursuant to paragraph (4) of subsection m.
     c.     The [development] authority shall provide grant funding for the State's share of the final eligible costs of a school facilities project pursuant to an agreement between the district and the [development] authority which shall, in addition to other terms and conditions, set forth the terms of disbursement of the State share.  The funding of the State share shall not commence until the district secures financing for the local share.
     c.    The [development] authority shall provide grant funding for the State's share of the final eligible costs of a school facilities project pursuant to an agreement between the district and the [development] authority which shall, in addition to other terms and conditions, set forth the terms of disbursement of the State share.  The funding of the State share shall not commence until the district secures financing for the local share.
     c.     The amount paid to the [financing] authority pursuant to this section shall be deducted from the appropriation or apportionment of State aid payable to the local unit and shall not obligate the State to make, nor entitle the local unit to receive, any additional appropriation or apportionment.  The obligation of the State Treasurer to make payments to the [financing] authority or trustee and the right of the [financing] authority or trustee to receive those payments shall be subject and subordinate to the rights of holders of qualified bonds issued prior to the effective date of this act pursuant to P.L.1976, c.38 (C.40A:3-1 et seq.) and P.L.1976, c.39 (C.18A:24-85 et seq.).
     c.    The amount paid to the [financing] authority pursuant to this section shall be deducted from the appropriation or apportionment of State aid payable to the local unit and shall not obligate the State to make, nor entitle the local unit to receive, any additional appropriation or apportionment.  The obligation of the State Treasurer to make payments to the [financing] authority or trustee and the right of the [financing] authority or trustee to receive those payments shall be subject and subordinate to the rights of holders of qualified bonds issued prior to the effective date of this act pursuant to P.L.1976, c.38 (C.40A:3-1 et seq.) and P.L.1976, c.39 (C.18A:24-85 et seq.).
     c.     Any regulations adopted to implement this act shall include provisions to ensure that all programs necessary to comply with Abbott v.
     c.    Any regulations adopted to implement this act shall include provisions to ensure that all programs necessary to comply with Abbott v.
     (1)   plumbing and gas fitting and all work and materials kindred thereto;
     (1)  plumbing and gas fitting and all work and materials kindred thereto;
     (2)   steam and hot water heating and ventilating apparatus, steam power plants and all work and materials kindred thereto;
     (2)  steam and hot water heating and ventilating apparatus, steam power plants and all work and materials kindred thereto;
     (3)   electrical work;
     (3)  electrical work;
and      (4)   structural steel and miscellaneous iron work and materials.
and      (4)  structural steel and miscellaneous iron work and materials.
     (1)   A certified, audited financial statement or compilation of financial statements or other documentation of financial status acceptable to the [development] authority;
     (1)  A certified, audited financial statement or compilation of financial statements or other documentation of financial status acceptable to the [development] authority;
     (2)   Proof of any contractor or trade license required by law for any trade or specialty area in which the contractor is seeking prequalification and a statement as to whether any contractor or trade license has been revoked;
     (2)  Proof of any contractor or trade license required by law for any trade or specialty area in which the contractor is seeking prequalification and a statement as to whether any contractor or trade license has been revoked;
     (3)   A statement as to bonding capacity, which shall be from a surety authorized to issue bid, performance and payment bonds in the State of New Jersey in accordance with N.J.S.2A:44-143 through N.J.S.2A:44-147 to the contractor, and shall indicate aggregate bonding limits;
     (3)  A statement as to bonding capacity, which shall be from a surety authorized to issue bid, performance and payment bonds in the State of New Jersey in accordance with N.J.S.2A:44-143 through N.J.S.2A:44-147 to the contractor, and shall indicate aggregate bonding limits;
     (4)   A list of the names and titles of all individuals who own 10% or more of any class of stock in the corporation or are a 10% or more partner in the firm.  If any of the aforementioned stockholders or partners is itself a corporation, or a partnership, that entity shall also provide the information specified herein;
     (4)  A list of the names and titles of all individuals who own 10% or more of any class of stock in the corporation or are a 10% or more partner in the firm.  If any of the aforementioned stockholders or partners is itself a corporation, or a partnership, that entity shall also provide the information specified herein;
     (5)   Disclosure of any judgments, convictions or criminal indictments for any conduct constituting a crime under local, State or federal law;
     (5)  Disclosure of any judgments, convictions or criminal indictments for any conduct constituting a crime under local, State or federal law;
     (6)   Disclosure of any unsatisfied judgments, injunctions or liens obtained by a governmental agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any government agency;
     (6)  Disclosure of any unsatisfied judgments, injunctions or liens obtained by a governmental agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any government agency;
     (7)   Disclosure of any determination for violations of federal, State or local laws, rules or regulations, including health laws, unemployment insurance or workers' compensation coverage or claim requirements, the "Employee Retirement Income Security Act of 1974" (Pub.L.93-406, 29 U.S.C.
     (7)  Disclosure of any determination for violations of federal, State or local laws, rules or regulations, including health laws, unemployment insurance or workers' compensation coverage or claim requirements, the "Employee Retirement Income Security Act of 1974" (Pub.L.93-406, 29 U.S.C.
     (8)   Disclosure of any federal, State or local debarments, non-responsibility findings or denials of prequalification;
     (8)  Disclosure of any federal, State or local debarments, non-responsibility findings or denials of prequalification;
     (9)   Disclosure of any bankruptcy filings or proceedings;
     (9)  Disclosure of any bankruptcy filings or proceedings;
     c.     Based upon the submission provided for in subsection a.
     c.    Based upon the submission provided for in subsection a.
     (1)   a trade or work classification;
     (1)  a trade or work classification;
and      (2)   an aggregate rating limit.
and      (2)  an aggregate rating limit.
     e.     The [development] authority shall establish procedures to permit contractors to challenge a classification made pursuant to this section.
     e.    The [development] authority shall establish procedures to permit contractors to challenge a classification made pursuant to this section.
     c.     The contractor performance evaluations shall be utilized in reviewing bid submissions.
     c.    The contractor performance evaluations shall be utilized in reviewing bid submissions.
     c.     Notwithstanding any provision of subsection b.
     c.    Notwithstanding any provision of subsection b.
     c.     As used in this section, "wrap-up insurance coverage" means a single insurance and loss control program for all parties involved in the school facilities project, including the owners, administrators, contractors and all tiers of subcontractors, which is controlled and authorized by the owner or financing administrator and applicable to defined construction work sites.  Wrap-up insurance coverage may include, but not be limited to, workers' compensation and employers' liability, commercial general liability, umbrella/excess liability, builder's risk, architects' and engineers' errors and omissions, liability, environmental liability, and force majeure.
     c.    As used in this section, "wrap-up insurance coverage" means a single insurance and loss control program for all parties involved in the school facilities project, including the owners, administrators, contractors and all tiers of subcontractors, which is controlled and authorized by the owner or financing administrator and applicable to defined construction work sites.  Wrap-up insurance coverage may include, but not be limited to, workers' compensation and employers' liability, commercial general liability, umbrella/excess liability, builder's risk, architects' and engineers' errors and omissions, liability, environmental liability, and force majeure.
     c.     The transfer of title pursuant to subsection a.
     c.    The transfer of title pursuant to subsection a.
     c.     A municipal approving authority shall not issue any site plan approval or building permit or approve a subdivision plat or exercise any other approval power with respect to the development or improvement of the lot, tract, or parcel of land without the recommendation of the [development] authority until 45 days following referral to the [development] authority pursuant to subsection b.
     c.    A municipal approving authority shall not issue any site plan approval or building permit or approve a subdivision plat or exercise any other approval power with respect to the development or improvement of the lot, tract, or parcel of land without the recommendation of the [development] authority until 45 days following referral to the [development] authority pursuant to subsection b.
     (1)   give notice to the municipal approving authority and to the owner of the lot, tract, or parcel of land of probable intention to acquire the whole or any part thereof, and no further action shall be taken by the approving authority for a further period of 180 days following receipt of notice from the [development] authority.  If within the 180-day period the [development] authority has not acquired, agreed to acquire, or commenced an action to condemn the property, the municipal approving authority shall be free to act upon the pending application in such manner as may be provided by law;
     (1)  give notice to the municipal approving authority and to the owner of the lot, tract, or parcel of land of probable intention to acquire the whole or any part thereof, and no further action shall be taken by the approving authority for a further period of 180 days following receipt of notice from the [development] authority.  If within the 180-day period the [development] authority has not acquired, agreed to acquire, or commenced an action to condemn the property, the municipal approving authority shall be free to act upon the pending application in such manner as may be provided by law;
or      (2)   give notice to the municipal approving authority and to the owner of the lot, tract, or parcel of land that the [development] authority has no objection to the granting of the permit or approval for which application has been made.  Upon receipt of the notice the municipal approving authority shall be free to act upon the pending application in such manner as may be provided by law.
or      (2)  give notice to the municipal approving authority and to the owner of the lot, tract, or parcel of land that the [development] authority has no objection to the granting of the permit or approval for which application has been made.  Upon receipt of the notice the municipal approving authority shall be free to act upon the pending application in such manner as may be provided by law.
     (2)   A public-private partnership agreement may include an agreement under which a school district and a private entity enter into a lease of a revenue-producing public building, structure, or facility in exchange for up-front or structured financing by the private entity for the project.  Under the lease agreement, the private entity shall be responsible for the management, operation, and maintenance of the building, structure, or facility.  The private entity shall receive some or all, as per the agreement, of the revenue generated by the building, structure, or facility, and shall operate the building, structure, or facility in accordance with school district standards.  At the end of the lease term, subsequent revenue generated by the building, structure, or facility, along with management, operation, and maintenance responsibility, shall revert to the school district.
     (2)  A public-private partnership agreement may include an agreement under which a school district and a private entity enter into a lease of a revenue-producing public building, structure, or facility in exchange for up-front or structured financing by the private entity for the project.  Under the lease agreement, the private entity shall be responsible for the management, operation, and maintenance of the building, structure, or facility.  The private entity shall receive some or all, as per the agreement, of the revenue generated by the building, structure, or facility, and shall operate the building, structure, or facility in accordance with school district standards.  At the end of the lease term, subsequent revenue generated by the building, structure, or facility, along with management, operation, and maintenance responsibility, shall revert to the school district.
     (3)   Bundling of projects shall be prohibited under this section.
     (3)  Bundling of projects shall be prohibited under this section.
     c.     (1)        A private entity that assumes financial and administrative responsibility for a project pursuant to this section shall not be subject to, unless otherwise set forth herein, the procurement and contracting requirements of all statutes applicable to the school district at which the project is completed, including, but not limited to, the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.       (2)   For the purposes of facilitating the financing of a project pursuant to this section, a public entity may become the owner or lessee of the project or the lessee of the land, or both, may become the lessee of a building, structure, or facility to which the school district holds title, may issue indebtedness in accordance with the public entity's enabling legislation and, notwithstanding any provision of law to the contrary, shall be empowered to enter into contracts with a private entity and its affiliates without being subject to the procurement and contracting requirements of any statute applicable to the public entity provided that the private entity has been selected by the school district pursuant to a solicitation of proposals or qualifications from at least two private entities.  For the purposes of this subsection, a public entity shall include the New Jersey Economic Development Authority, and any project undertaken pursuant to this section of which the authority becomes the owner or lessee, or which is situated on land of which the authority becomes the lessee, shall be deemed a "project" under "The New Jersey Economic Development Authority Act," P.L.1974, c.80 (C.34:1B-1 et seq.).
     c.    (1)       A private entity that assumes financial and administrative responsibility for a project pursuant to this section shall not be subject to, unless otherwise set forth herein, the procurement and contracting requirements of all statutes applicable to the school district at which the project is completed, including, but not limited to, the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.       (2)  For the purposes of facilitating the financing of a project pursuant to this section, a public entity may become the owner or lessee of the project or the lessee of the land, or both, may become the lessee of a building, structure, or facility to which the school district holds title, may issue indebtedness in accordance with the public entity's enabling legislation and, notwithstanding any provision of law to the contrary, shall be empowered to enter into contracts with a private entity and its affiliates without being subject to the procurement and contracting requirements of any statute applicable to the public entity provided that the private entity has been selected by the school district pursuant to a solicitation of proposals or qualifications from at least two private entities.  For the purposes of this subsection, a public entity shall include the New Jersey Economic Development Authority, and any project undertaken pursuant to this section of which the authority becomes the owner or lessee, or which is situated on land of which the authority becomes the lessee, shall be deemed a "project" under "The New Jersey Economic Development Authority Act," P.L.1974, c.80 (C.34:1B-1 et seq.).
     (3)   Prior to the commencement of work on a project, the private entity shall establish a construction account and appoint a third-party financial institution, who shall be prequalified by the State Treasurer to act as a collateral agent and manage the construction account.  The construction account shall include the funding, financial instruments, or both, that shall be used to fully capitalize and fund the project, and the collateral agent shall maintain a full accounting of the funds and instruments in the account.  The funds and instruments in the construction account shall be held in trust for the benefit of the contractor, construction manager, and design-build team involved in the project.  The funds and instruments in the construction account shall not be the property of the private entity unless all amounts due to the construction account beneficiaries are paid in full.  The construction account shall not be designated for more than one project.
     (3)  Prior to the commencement of work on a project, the private entity shall establish a construction account and appoint a third-party financial institution, who shall be prequalified by the State Treasurer to act as a collateral agent and manage the construction account.  The construction account shall include the funding, financial instruments, or both, that shall be used to fully capitalize and fund the project, and the collateral agent shall maintain a full accounting of the funds and instruments in the account.  The funds and instruments in the construction account shall be held in trust for the benefit of the contractor, construction manager, and design-build team involved in the project.  The funds and instruments in the construction account shall not be the property of the private entity unless all amounts due to the construction account beneficiaries are paid in full.  The construction account shall not be designated for more than one project.
     e.     (1)  All building construction projects under a public-private partnership agreement entered into pursuant to this section shall contain a project labor agreement.  The project labor agreement shall be subject to the provisions of P.L.2002, c.44 (C.52:38-1 et seq.), and shall be in a manner that to the greatest extent possible enhances employment opportunities for individuals residing in the county of the project's location.  The general contractor, construction manager, design-build team, or subcontractor for a construction project proposed in accordance with this paragraph shall be registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and shall be classified by the Division of Property Management and Construction, or shall be prequalified by the Department of Transportation, as appropriate, to perform work on a public-private partnership project.
     e.    (1)  All building construction projects under a public-private partnership agreement entered into pursuant to this section shall contain a project labor agreement.  The project labor agreement shall be subject to the provisions of P.L.2002, c.44 (C.52:38-1 et seq.), and shall be in a manner that to the greatest extent possible enhances employment opportunities for individuals residing in the county of the project's location.  The general contractor, construction manager, design-build team, or subcontractor for a construction project proposed in accordance with this paragraph shall be registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and shall be classified by the Division of Property Management and Construction, or shall be prequalified by the Department of Transportation, as appropriate, to perform work on a public-private partnership project.
     (2)   All projects proposed in accordance with this section shall be submitted to the State Treasurer, in consultation with the Department of Education[, Schools Development Authority,] and the New Jersey Economic Development Authority, for a review and approval in accordance with subsection f.
     (2)  All projects proposed in accordance with this section shall be submitted to the State Treasurer, in consultation with the Department of Education[, Schools Development Authority,] and the New Jersey Economic Development Authority, for a review and approval in accordance with subsection f.
     (3)   The general contractor, construction manager, or design-build team shall be required to post a performance bond to ensure the completion of the project and a payment bond guaranteeing prompt payment of moneys due in accordance with and conforming to the requirements of N.J.S.2A:44-143 et seq.
     (3)  The general contractor, construction manager, or design-build team shall be required to post a performance bond to ensure the completion of the project and a payment bond guaranteeing prompt payment of moneys due in accordance with and conforming to the requirements of N.J.S.2A:44-143 et seq.
     (4)   Prior to being submitted to the State Treasurer for review and approval, all projects proposed in accordance with this section shall be subject to a public hearing, the record of which shall have been kept open for a period of seven days following the conclusion of the hearing, after the ranking of proposals takes place pursuant to paragraph (5) of subsection j.
     (4)  Prior to being submitted to the State Treasurer for review and approval, all projects proposed in accordance with this section shall be subject to a public hearing, the record of which shall have been kept open for a period of seven days following the conclusion of the hearing, after the ranking of proposals takes place pursuant to paragraph (5) of subsection j.
     (5)   Prior to entering into a public -private partnership, the school district must determine:
     (5)  Prior to entering into a public -private partnership, the school district must determine:
     (6)   Prior to entering into a public- private partnership, the school district at a public hearing shall find that the project is in the best interest of the public by finding that (i) it will cost less than the public sector option, or if it costs more there are factors that warrant the additional expense (ii) there is a public need for the project and the project is consistent with existing long-term plans, (iii) there are specific significant benefits to the project, (iv) there are specific significant benefits to using the public-private partnership instead of other options including No-Build (v) the private development will result in timely and efficient development and operation and (vi) the risks, liabilities and responsibilities transferred to the private entity provide sufficient benefits to warrant not using other means of procurement.
     (6)  Prior to entering into a public- private partnership, the school district at a public hearing shall find that the project is in the best interest of the public by finding that (i) it will cost less than the public sector option, or if it costs more there are factors that warrant the additional expense (ii) there is a public need for the project and the project is consistent with existing long-term plans, (iii) there are specific significant benefits to the project, (iv) there are specific significant benefits to using the public-private partnership instead of other options including No-Build (v) the private development will result in timely and efficient development and operation and (vi) the risks, liabilities and responsibilities transferred to the private entity provide sufficient benefits to warrant not using other means of procurement.
     f.     (1)  All projects proposed in accordance with this section shall be submitted to the State Treasurer for review and approval, which shall be conducted in consultation with the Commissioner of the Department of Education and the Chief Executive Officer of the [Schools] Economic Development Authority.  The Commissioner of the Department of Education shall determine if a project is subject to voter approval pursuant to N.J.S.[A.] 18A:24-10.  If a project is subject to voter approval, such approval is required prior to progressing thru the procurement process.  The projects are encouraged, when practicable, to adhere to the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6).       (2)   All projects proposed in accordance with this section that have a transportation component or impact the transportation infrastructure shall be submitted to the Department of Transportation.
     f.     (1)  All projects proposed in accordance with this section shall be submitted to the State Treasurer for review and approval, which shall be conducted in consultation with the Commissioner of the Department of Education and the Chief Executive Officer of the [Schools] Economic Development Authority.  The Commissioner of the Department of Education shall determine if a project is subject to voter approval pursuant to N.J.S.[A.] 18A:24-10.  If a project is subject to voter approval, such approval is required prior to progressing thru the procurement process.  The projects are encouraged, when practicable, to adhere to the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6).       (2)  All projects proposed in accordance with this section that have a transportation component or impact the transportation infrastructure shall be submitted to the Department of Transportation.
     (3)   (a)  In order for an application to be complete and considered by the State Treasurer, the application shall include, but not be limited to:
     (3)  (a)  In order for an application to be complete and considered by the State Treasurer, the application shall include, but not be limited to:
     (b)   As part of the estimated costs and financial documentation for the project, the application shall contain a long-range maintenance plan and a long-range maintenance bond and shall specify the expenditures that qualify as an appropriate investment in maintenance.
     (b)  As part of the estimated costs and financial documentation for the project, the application shall contain a long-range maintenance plan and a long-range maintenance bond and shall specify the expenditures that qualify as an appropriate investment in maintenance.
     (4)   The State Treasurer, in consultation with the authority[,] and the Commissioner of the Department of Education[, and the Chief Executive Officer of the Schools Development Authority], shall review all completed applications, and request additional information as is needed to make a complete assessment of the project.
     (4)  The State Treasurer, in consultation with the authority[,] and the Commissioner of the Department of Education[, and the Chief Executive Officer of the Schools Development Authority], shall review all completed applications, and request additional information as is needed to make a complete assessment of the project.
     (5)   The State Treasurer, in consultation with the Commissioner of the Department of Education and Chief Executive Officer of the [Schools] Economic Development Authority, may promulgate any rules and regulations necessary to implement this subsection, including, but not limited to, provisions for fees to cover administrative costs, and for the determination of minimum school district standards for the operation of the project, and for the qualification for professional services, construction contracting, and other relevant qualifications.
     (5)  The State Treasurer, in consultation with the Commissioner of the Department of Education and Chief Executive Officer of the [Schools] Economic Development Authority, may promulgate any rules and regulations necessary to implement this subsection, including, but not limited to, provisions for fees to cover administrative costs, and for the determination of minimum school district standards for the operation of the project, and for the qualification for professional services, construction contracting, and other relevant qualifications.
     (2)   A request for qualifications for a public-private partnership agreement shall be advertised at least 45 days prior to the anticipated date of receipt.  The advertisement of the request for qualifications shall be published on the official Internet website of the school district and at least one or more newspapers with Statewide circulation.
     (2)  A request for qualifications for a public-private partnership agreement shall be advertised at least 45 days prior to the anticipated date of receipt.  The advertisement of the request for qualifications shall be published on the official Internet website of the school district and at least one or more newspapers with Statewide circulation.
     (3)   After the school district determines the qualified respondents utilizing, at minimum, the qualification standards promulgated by the State Treasurer, the school district shall issue a request for proposals to each qualified respondent no less than days prior to the date established for submission of the proposals.  The request for proposals shall include relevant technical submissions, documents, and the evaluation criteria to be used in the selection of the designated respondent.  The evaluation criteria shall be, at minimum, criteria promulgated by the State Treasurer, in consultation with the New Jersey Economic Development Authority[,] and the Department of Education[, and Schools Development Authority].
     (3)  After the school district determines the qualified respondents utilizing, at minimum, the qualification standards promulgated by the State Treasurer, the school district shall issue a request for proposals to each qualified respondent no less than 45 days prior to the date established for submission of the proposals.  The request for proposals shall include relevant technical submissions, documents, and the evaluation criteria to be used in the selection of the designated respondent.  The evaluation criteria shall be, at minimum, criteria promulgated by the State Treasurer, in consultation with the New Jersey Economic Development Authority[,] and the Department of Education[, and Schools Development Authority].
     (4)   The school district may accept unsolicited proposals from private entities for public-private partnership agreements.
     (4)  The school district may accept unsolicited proposals from private entities for public-private partnership agreements.
     (5)   After the proposal or proposals have been received, and any public notification period has expired, the school district shall rank the proposals in order of preference.
     (5)  After the proposal or proposals have been received, and any public notification period has expired, the school district shall rank the proposals in order of preference.
     (6)   The school district may require, upon receipt of one or more proposals, that the private entity assume responsibility for all costs incurred by the school district before execution of the public-private partnership agreement, including costs of retaining independent experts to review, analyze, and advise the school district with respect to the proposal.
     (6)  The school district may require, upon receipt of one or more proposals, that the private entity assume responsibility for all costs incurred by the school district before execution of the public-private partnership agreement, including costs of retaining independent experts to review, analyze, and advise the school district with respect to the proposal.
     (7)   The school district shall set aside one percent of each project and remit it the Public-Private Partnership Review fund established pursuant to section 8 of P.L.2018, c.90 (C.52:18A-260), for purposes of plan review and analysis required under the bill.
     (7)  The school district shall set aside one percent of each project and remit it the Public-Private Partnership Review fund established pursuant to section 8 of P.L.2018, c.90 (C.52:18A-260), for purposes of plan review and analysis required under the bill.
     (8)   Nothing in this section shall be construed as or deemed a waiver of the sovereign immunity of the State, the local government unit or an affected locality or public entity or any officer or employee thereof with respect to the participation in or approval of all or any part of the public-private project.
     (8)  Nothing in this section shall be construed as or deemed a waiver of the sovereign immunity of the State, the local government unit or an affected locality or public entity or any officer or employee thereof with respect to the participation in or approval of all or any part of the public-private project.
     (1)   except as otherwise provided in this paragraph, a resolution adopted in a public meeting by the board of education of the renaissance school district in which the renaissance school project will be located certifying the support of the board for the application.  In the case of a district under full or partial State intervention with an advisory board of education, the application shall contain evidence that that State district superintendent or superintendent, as applicable, convened at least three public meetings to discuss the merits of the renaissance school project.
     (1)  except as otherwise provided in this paragraph, a resolution adopted in a public meeting by the board of education of the renaissance school district in which the renaissance school project will be located certifying the support of the board for the application.  In the case of a district under full or partial State intervention with an advisory board of education, the application shall contain evidence that that State district superintendent or superintendent, as applicable, convened at least three public meetings to discuss the merits of the renaissance school project.
     (2)   a copy of the amendment to the renaissance school district's long-range facilities plan which has been submitted to the commissioner pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4) that includes the proposed renaissance school project;
     (2)  a copy of the amendment to the renaissance school district's long-range facilities plan which has been submitted to the commissioner pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4) that includes the proposed renaissance school project;
     (3)   the educational goals of the renaissance school project, the curriculum to be offered, and the methods of assessing whether students are meeting the proffered educational goals;
     (3)  the educational goals of the renaissance school project, the curriculum to be offered, and the methods of assessing whether students are meeting the proffered educational goals;
     (4)   any testing and academic performance standards to be mandated by the renaissance school project beyond those required by State law and regulation;
     (4)  any testing and academic performance standards to be mandated by the renaissance school project beyond those required by State law and regulation;
     (5)   the admission policy and criteria for evaluating the admission of students to the renaissance school project, which shall comply with the provisions of section 8 of this act;
     (5)  the admission policy and criteria for evaluating the admission of students to the renaissance school project, which shall comply with the provisions of section 8 of this act;
     (6)   the age or grade range of students to be enrolled in the renaissance school project;
     (6)  the age or grade range of students to be enrolled in the renaissance school project;
     (7)   the total number of students to be enrolled in each grade level of the renaissance school project;
     (7)  the total number of students to be enrolled in each grade level of the renaissance school project;
     (8)   the renaissance school project calendar and school day schedule;
     (8)  the renaissance school project calendar and school day schedule;
     (9)   the financial plan for the renaissance school project and the provisions that will be made for auditing pursuant to N.J.S.18A:23-1;
     (9)  the financial plan for the renaissance school project and the provisions that will be made for auditing pursuant to N.J.S.18A:23-1;
     (2)   A renaissance school project built on land owned by the New Jersey [Schools] Economic Development Authority or the renaissance school district, shall allow any student who was enrolled in the renaissance school project in the immediately preceding school year to enroll in the renaissance school project in the appropriate grade unless the appropriate grade is not offered;
     (2)  A renaissance school project built on land owned by the New Jersey [Schools] Economic Development Authority or the renaissance school district, shall allow any student who was enrolled in the renaissance school project in the immediately preceding school year to enroll in the renaissance school project in the appropriate grade unless the appropriate grade is not offered;
     (2)   A renaissance school project which is not built on land owned by the New Jersey [Schools] Economic Development Authority or the renaissance school district shall allow any student who was enrolled in the renaissance school project in the immediately preceding school year to enroll in the renaissance school project in the appropriate grade unless the appropriate grade is not offered.
     (2)  A renaissance school project which is not built on land owned by the New Jersey [Schools] Economic Development Authority or the renaissance school district shall allow any student who was enrolled in the renaissance school project in the immediately preceding school year to enroll in the renaissance school project in the appropriate grade unless the appropriate grade is not offered.
     a.     Department of Labor and Workforce Development statistics of recent years indicate a continuing decline in manufacturing employment within the State, which is a contributing factor to the drastic unemployment existing within the State, which far exceeds the national average, thus adversely affecting the economy of the State and the prosperity, safety, health and general welfare of its inhabitants and their standard of living;
     a.    Department of Labor and Workforce Development statistics of recent years indicate a continuing decline in manufacturing employment within the State, which is a contributing factor to the drastic unemployment existing within the State, which far exceeds the national average, thus adversely affecting the economy of the State and the prosperity, safety, health and general welfare of its inhabitants and their standard of living;
     c.     In order to aid in supplying these needs and to assist in the immediate reduction of unemployment and to provide sufficient employment for the citizens of the State in the future, it is necessary and in the public interest to aid and encourage the immediate commencement of new construction projects of all types, to induce and facilitate the acquisition and installation at an accelerated rate of such devices, equipment and facilities as may be required to reduce, abate and prevent environmental pollution by industry, utilities and commerce.
     c.    In order to aid in supplying these needs and to assist in the immediate reduction of unemployment and to provide sufficient employment for the citizens of the State in the future, it is necessary and in the public interest to aid and encourage the immediate commencement of new construction projects of all types, to induce and facilitate the acquisition and installation at an accelerated rate of such devices, equipment and facilities as may be required to reduce, abate and prevent environmental pollution by industry, utilities and commerce.
     e.     In many municipalities in our State substantial and persistent unemployment exists;
     e.    In many municipalities in our State substantial and persistent unemployment exists;
insulation, replacement burners, replacement high efficiency heating and air conditioning units, including modular boilers and furnaces, water heaters, central air conditioners with or without heat recovery to make hot water for industrial or commercial purposes or in office buildings, and any solar heating or cooling system improvement, including any system which captures solar radiation to heat a fluid which passes over or through the collector element of that system and then transfers that fluid to a point within the system where the heat is withdrawn from the fluid for direct usage or storage.  These systems shall include, but not necessarily be limited to, systems incorporating flat plate, evacuated tube or focusing solar collectors.        The foregoing list shall not be construed to be exhaustive, and shall not serve to exclude other improvements consistent with the legislative intent of the provisions of P.L.1983, c.282.
insulation, replacement burners, replacement high efficiency heating and air conditioning units, including modular boilers and furnaces, water heaters, central air conditioners with or without heat recovery to make hot water for industrial or commercial purposes or in office buildings, and any solar heating or cooling system improvement, including any system which captures solar radiation to heat a fluid which passes over or through the collector element of that system and then transfers that fluid to a point within the system where the heat is withdrawn from the fluid for direct usage or storage.  These systems shall include, but not necessarily be limited to, systems incorporating flat plate, evacuated tube or focusing solar collectors.
The foregoing list shall not be construed to be exhaustive, and shall not serve to exclude other improvements consistent with the legislative intent of the provisions of P.L.1983, c.282.
     a.     To adopt bylaws for the regulation of its affairs and the conduct of its business;
     a.    To adopt bylaws for the regulation of its affairs and the conduct of its business;
     c.     To sue and be sued;
     c.    To sue and be sued;
     e.     To enter into contracts with a person upon such terms and conditions as the authority shall determine to be reasonable, including, but not limited to, reimbursement for the planning, designing, financing, construction, reconstruction, improvement, equipping, furnishing, operation and maintenance of the project or the school facilities project and to pay or compromise any claims arising therefrom;
     e.    To enter into contracts with a person upon such terms and conditions as the authority shall determine to be reasonable, including, but not limited to, reimbursement for the planning, designing, financing, construction, reconstruction, improvement, equipping, furnishing, operation and maintenance of the project or the school facilities project and to pay or compromise any claims arising therefrom;
     z.     To construct school facilities projects and to enter into agreements or contracts, execute instruments, and do and perform all acts or things necessary, convenient or desirable for the purposes of the authority or the redevelopment utility to carry out any power expressly provided pursuant to P.L.1974, c.80 (C.34:1B-1 et seq.), P.L.2000, c.72 (C.18A:7G-1 et al.), [and] P.L.2007, c.137 (C.52:18A-235 et al.), and P.L.    , c.    (C.       ) (pending before the Legislature as this bill), including, but not limited to, entering into contracts with the State Treasurer, the Commissioner of Education, districts, [the New Jersey Schools Development Authority,] any other entity which may be required in order to carry out the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), [and] sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.), and P.L.    , c.    (C.       ) (pending before the Legislature as this bill);
     z.    To construct school facilities projects and to enter into agreements or contracts, execute instruments, and do and perform all acts or things necessary, convenient or desirable for the purposes of the authority or the redevelopment utility to carry out any power expressly provided pursuant to P.L.1974, c.80 (C.34:1B-1 et seq.), P.L.2000, c.72 (C.18A:7G-1 et al.), [and] P.L.2007, c.137 (C.52:18A-235 et al.), and P.L.    , c.    (C.       ) (pending before the Legislature as this bill), including, but not limited to, entering into contracts with the State Treasurer, the Commissioner of Education, districts, [the New Jersey Schools Development Authority,] any other entity which may be required in order to carry out the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), [and] sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.), and P.L.    , c.    (C.       ) (pending before the Legislature as this bill);
[and]      ii.    To finance or develop private or public parking facilities or structures, which may include the use of solar photovoltaic equipment, in municipalities qualified to receive State aid pursuant to the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.) and municipalities that contain areas designated pursuant to P.L.1985, c.398 (C.52:18A-196 et al.) as Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or a town center, and to provide appropriate assistance, including but not limited to, extensions of credit, loans, and guarantees, to municipalities qualified to receive State aid pursuant to the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.) and municipalities that contain areas designated pursuant to P.L.1985, c.398 (C.52:18A-196 et seq.) as Planning Area (Metropolitan), Planning Area 2 (Suburban), or a town center, and their agencies and instrumentalities or to private entities whose projects are located in those municipalities, in order to facilitate the financing and development of parking facilities or structures in such municipalities.  The authority may serve as the issuing agent of bonds to finance the undertaking of a project for the purposes of this subsection;
[and]      ii.    To finance or develop private or public parking facilities or structures, which may include the use of solar photovoltaic equipment, in municipalities qualified to receive State aid pursuant to the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.) and municipalities that contain areas designated pursuant to P.L.1985, c.398 (C.52:18A-196 et al.) as Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or a town center, and to provide appropriate assistance, including but not limited to, extensions of credit, loans, and guarantees, to municipalities qualified to receive State aid pursuant to the provisions of P.L.1978, c.14 (C.52:27D-178 et seq.) and municipalities that contain areas designated pursuant to P.L.1985, c.398 (C.52:18A-196 et seq.) as Planning Area 1 (Metropolitan), Planning Area 2 (Suburban), or a town center, and their agencies and instrumentalities or to private entities whose projects are located in those municipalities, in order to facilitate the financing and development of parking facilities or structures in such municipalities.  The authority may serve as the issuing agent of bonds to finance the undertaking of a project for the purposes of this subsection;
and      jj.    To enter into leases, rental, or other disposition of a real property interest in and of any school facilities project to or from any local unit pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and P.L.    , c.   (C.        ) (pending before the Legislature as this bill).
and      jj.    To enter into leases, rental, or other disposition of a real property interest in and of any school facilities project to or from any local unit pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.2007, c.137 (C.52:18A-235 et al.), and P.L.    , c.   (C.        ) (pending before the Legislature as this bill).
     50.  In the exercise of powers granted by P.L.2000, c.72 (C.18A:7G-1 et al.) [and] , P.L.2007, c.137 (C.52:18A-235 et al.), and P.L.    , c.    (C.         ) (pending before the Legislature as this bill) in connection with any school facilities project, any and all claims, damages, losses, liabilities or costs that the authority may incur shall be payable only from the amounts made available to the authority pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.) [and] , P.L.2007, c.137 (C.52:18A-235 et al.) , and P.L.    , c.    (C.         ) (pending before the Legislature as this bill).  In connection with any agreement or contract entered into by the authority relating to any school facilities project, there shall be no recovery against the authority for punitive or consequential damages arising out of contract nor shall there be any recovery against the authority for claims based upon implied warranties or upon contracts implied in law.
     50.  In the exercise of powers granted by P.L.2000, c.72 (C.18A:7G-1 et al.) [and] , P.L.2007, c.137 (C.52:18A-235 et al.), and P.L.    , c.    (C.         ) (pending before the Legislature as this bill) in connection with any school facilities project, any and all claims, damages, losses, liabilities or costs that the authority may incur shall be payable only from the amounts made available to the authority pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.) [and] , P.L.2007, c.137 (C.52:18A-235 et al.) , and P.L.    , c.    (C.         ) (pending before the Legislature as this bill).  In connection with any agreement or contract entered into by the authority relating to any school facilities project, there shall be no recovery against the authority for punitive or consequential damages arising out of contract nor shall there be any recovery against the authority for claims based upon implied warranties or upon contracts implied in law.
     c.     The State Treasurer, in coordination with any relevant agency, including the New Jersey Economic Development Authority, Department of Transportation, and Department of Community Affairs, shall provide, and make available to the public on the Internet, an annual report, not later than December 31, 2019 and each year after that year, a list of all projects reviewed and the percentage and amount of funds withheld and provided to the fund pursuant to this section.
     c.    The State Treasurer, in coordination with any relevant agency, including the New Jersey Economic Development Authority, Department of Transportation, and Department of Community Affairs, shall provide, and make available to the public on the Internet, an annual report, not later than December 31, 2019 and each year after that year, a list of all projects reviewed and the percentage and amount of funds withheld and provided to the fund pursuant to this section.
     c.     In carrying out any school facilities project, the authority may enter into contractual agreements with local government agencies with respect to the furnishing of any community, municipal or public facilities or services necessary or desirable for the school facilities project, and any local government agency may enter into these contractual agreements with the authority and do all things necessary to carry out its obligations.
     c.    In carrying out any school facilities project, the authority may enter into contractual agreements with local government agencies with respect to the furnishing of any community, municipal or public facilities or services necessary or desirable for the school facilities project, and any local government agency may enter into these contractual agreements with the authority and do all things necessary to carry out its obligations.
     c.     Contracts shall be awarded as follows:
     c.    Contracts shall be awarded as follows:
and other similar types of factors.  The "other factors" to be considered in evaluating bids and the weights assigned to price and these "other factors" shall be determined by the authority prior to the advertisement for bids for school facilities projects.  In its evaluation of bids, the consideration given to price by the authority shall be at least equal to the consideration given to the combination of all "other factors."      e.     The authority shall require from all contractors to which it awards contracts pursuant to P.L.    , c.    (C.    ) (now pending before the Legislature as this bill), the delivery of a payment performance bond issued in accordance with N.J.S.2A:44-143 et seq.
and other similar types of factors.  The "other factors" to be considered in evaluating bids and the weights assigned to price and these "other factors" shall be determined by the authority prior to the advertisement for bids for school facilities projects.  In its evaluation of bids, the consideration given to price by the authority shall be at least equal to the consideration given to the combination of all "other factors."      e.    The authority shall require from all contractors to which it awards contracts pursuant to P.L.    , c.    (C.    ) (now pending before the Legislature as this bill), the delivery of a payment performance bond issued in accordance with N.J.S.2A:44-143 et seq.
     c.     The authority shall have the power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances, herein called "public utility facilities," or any public utility as defined in R.S.48:2-13, in, on, along, over or under any school facilities project.  Whenever the authority shall determine that it is necessary that any public utility facilities which now are, or hereafter may be, located in, on, along, over or under any school facilities project shall be relocated in the school facilities project, or should be removed from the school facilities project, the public utility owning or operating the facilities shall relocate or remove them in accordance with the order of the authority.  The cost and expenses of the relocation or removal, including the cost of installing the facilities in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish the relocation or removal, shall be ascertained and paid by the authority as a part of the cost of the school facilities project.  In case of any relocation or removal of facilities, the public utility owning or operating them, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate the facilities in their former location or locations.  In all undertakings authorized by this subsection the authority shall consult and obtain the approval of the Board of Public Utilities.
     c.    The authority shall have the power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances, herein called "public utility facilities," or any public utility as defined in R.S.48:2-13, in, on, along, over or under any school facilities project.  Whenever the authority shall determine that it is necessary that any public utility facilities which now are, or hereafter may be, located in, on, along, over or under any school facilities project shall be relocated in the school facilities project, or should be removed from the school facilities project, the public utility owning or operating the facilities shall relocate or remove them in accordance with the order of the authority.  The cost and expenses of the relocation or removal, including the cost of installing the facilities in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish the relocation or removal, shall be ascertained and paid by the authority as a part of the cost of the school facilities project.  In case of any relocation or removal of facilities, the public utility owning or operating them, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate the facilities in their former location or locations.  In all undertakings authorized by this subsection the authority shall consult and obtain the approval of the Board of Public Utilities.
     c.     This transfer shall be subject to the provisions of the “State Agency Transfer Act,” P.L.1971, c.375 (C.52:14D-1 et seq.).
     c.    This transfer shall be subject to the provisions of the “State Agency Transfer Act,” P.L.1971, c.375 (C.52:14D-1 et seq.).
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