N.J. Admin. Code § 6A:26-3.9 - Design and construction of Development Authority school facilities projects

(a) The Development Authority shall design and construct school facilities projects in accordance with EFCFA and the Development Authority's rules.

1. The Commissioner shall develop an educational facilities needs assessment for each SDA district. The assessment shall be updated periodically by the Commissioner in accordance with the schedule the Commissioner deems appropriate for the school district; except that each assessment shall be updated at a minimum within five years of the development of the school district's most recent prior educational facilities needs assessment.

2. The assessment shall be transmitted to the Development Authority to be used to initiate the planning activities required prior to the establishment of the educational priority ranking of school facilities projects pursuant to this subsection.

3. Following the approval of an SDA district's LRFP or of an amendment to the 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.

4. In consultation with the Commissioner, SDA districts, and the governing bodies of the municipalities in which the SDA districts are situated, the Development Authority shall establish a Statewide strategic plan pursuant to 18A:7G-5.m to be used in the sequencing of SDA district school facilities projects based upon the projects' educational priority rankings and issues that impact the Development Authority's ability to complete the projects.

(b) To advance a school facilities project, a school district that is required to use the Development Authority and has an approved LRFP may request the initiation of preconstruction activities in connection with a school facilities project identified as a priority project in the Statewide strategic plan, provided that such activities are consistent with its approved LRFP and are undertaken under the auspices of the Development Authority.

1. School districts shall submit to the Division a preconstruction application setting forth all preconstruction activities - including feasibility studies, remediation, site development, demolition, design work, acquisition of and design work for temporary facilities, and acquisition of land - that need to be undertaken prior to submission of a school facilities project application. The Division shall review each application for consistency with the educational priority ranking, the Statewide strategic plan, and the approved LRFP. If the Division authorizes the Development Authority to undertake preconstruction activities, it shall forward the application to the Development Authority, which shall undertake such activities pursuant to procedures developed by the Development Authority. Any costs incurred pursuant to this subsection shall be allocated to the applicable school facilities project and shall be deemed eligible for a State share.

2. For school districts in which the State share of final eligible costs of a school facilities project is 100 percent, the Development Authority shall provide the funding for these preconstruction costs.

(c) A school district that is required to use the Development Authority shall seek approval from the Commissioner to acquire land pursuant to N.J.A.C. 6A:26-7. The Commissioner may approve the land purchase if the site is capable of supporting the applicable school facility in the approved LRFP. If the Commissioner approves the request, he or she shall notify the school district and the Development Authority. Any costs incurred pursuant to this subsection shall be allocated to the applicable school facilities project and shall be deemed eligible for a State share. For school districts in which the State share of eligible costs for the school facilities projects is 100 percent, the Development Authority shall provide the funding for the cost of the land if approved by the Commissioner and the Development Authority.

(d) The Development Authority shall submit detailed plans and specifications to the Department for review and approval pursuant to 6A:26-5.4. If the final plans and specifications prepared by the Development Authority change the number, size, location, configuration or use of educational spaces as set forth in the detailed plans and specifications required by N.J.A.C. 6A:26-5 submitted to the Department when a school facilities project was approved, the Development Authority shall submit the final plans and specifications to the Department for review and approval pursuant to N.J.A.C. 6A:26-5. For purposes of 6A:26-5.5, the detailed plans and specifications submitted by the Development Authority shall constitute final plans and specifications.

(e) For all school facilities projects constructed by the Development Authority, or which the school district is constructing under delegation of the Development Authority pursuant to 18A:7G-13(a), the Development Authority shall notify the Department of any change order affecting the number, size, location, configuration or use of educational spaces and submit the change order to the Department for review and approval.

(f) The Development Authority shall provide to the Division a copy of the final plans and specifications utilized when soliciting bids for a school facilities project and certify that no changes affecting educational adequacy were made between the detailed plans and specifications, and the final plans and specifications.

(g) Upon completion of a school facilities project by the Development Authority, the school district shall submit to the Commissioner and the Development Authority a plan for school facility maintenance in accordance with N.J.A.C. 6A:26-20.

Notes

N.J. Admin. Code § 6A:26-3.9

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote (c) through (f); in (g), inserted reference to configuration of educational spaces; and added (h) and (i).
Amended by R.2003 d.266, effective 7/7/2003.
See: 35 N.J.R. 1379(a), 35 N.J.R. 2865(b).
Deleted (b); recodified existing (c) through (i) as (b) through (h).
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" and "districts" throughout; and in (c)1, substituted "School districts" for "Districts".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Design and construction of Authority school facilities projects". Rewrote the section.