New Jersey § 18a:24-12

§ 18a:24-12.

a. Notwithstanding the provisions of N.J.S.18A:24-10 or any other law, rule, or regulation to the contrary, the board of education of

a Type II school district without a board of school estimate may issue bonds without

the approval of the voters of the district in order to finance costs related to repairs

to school facilities and other furnishings and equipment that were damaged due to

a natural disaster, provided that the repairs are deemed to be necessary in order

to provide a thorough and efficient system of education in the school district. In the case of a Type II school district without a board of school estimate that

is under full State intervention or partial State intervention in which the governance

component of school district effectiveness has not been returned to the district,

notwithstanding the provisions of P.L.1991, c. 139 ( C.18A:7A-46.1 et seq. ) or any other law, rule, or regulation to the contrary, such bonds may be issued

without the approval of the capital project control board. The provisions of this section shall not be applicable to any Type II school district

without a board of school estimate that is an SDA district, as that term is defined

pursuant to section 3 of P.L.2000, c. 72 ( C.18A:7G-3 ). As used in this section, “ school facility ” means and includes any structure, building, or facility used wholly or in part for

educational purposes by a school district and facilities that physically support such

structures, buildings, and facilities, such as district wastewater treatment facilities,

power generating facilities, and steam generating facilities, but shall exclude other

facilities. b. (1) The issuance of bonds pursuant to this section shall be approved by the board

of education of the school district, or the State district superintendent in the case

of a school district under full State intervention or partial State intervention in

which the governance component of school district effectiveness has not been returned

to the district. The approval shall be evidenced by the adoption of a resolution by the board of

education in a public meeting upon an affirmative vote of two-thirds of its full membership. If the school district is under full or partial State intervention and the governance

component of school district effectiveness has not been returned to the district,

the approval shall be evidenced by a certification, affidavit, or other sworn statement

signed by the State district superintendent supporting the issuance. The resolution or certification, affidavit, or other sworn statement as applicable

shall, at a minimum: (a) certify support for the issuance of the bonds and authorize the submission of

an application to the Commissioner of Education pursuant to subsection c. of this

section; (b) petition the commissioner to authorize the issuance of bonds pursuant to this

section; (c) include the total estimated cost of the damage to school facilities and other

furnishings and equipment, caused by a natural disaster; (d) state the project or projects to be submitted to the commissioner and the amounts

to be raised for the project or projects; (e) the amount necessary to be raised by school bonds for repairs to the damage to

school facilities and other furnishings and equipment; and (f) the amount of funds, if any, that the school district has been or will be reimbursed

by an applicable disaster relief agency. (2)(a) In the event that the repairs for which bonds are to be issued pursuant to

this section are deemed to be a school facilities project that is eligible for State

debt service aid pursuant to P.L.2000, c. 72 ( C.18A:7G-1 et al.), the board of education or State superintendent as applicable shall apply

to the commissioner seeking approval for the school facilities project prior to the

adoption of a resolution or the signing of a certification, affidavit, or other sworn

statement pursuant to paragraph (1) of this subsection. The application shall be reviewed by the commissioner on an expedited basis pursuant

to a process to be established by the commissioner. The application shall include items to be required by the commissioner including,

but not limited to: a description of the school facilities project; a schematic

drawing of the project or, at the option of the district, preliminary plans and specifications;

a delineation and description of each of the functional components of the project;

educational specifications detailing the programmatic needs of each proposed space;

the number of unhoused students to be housed in the project; the area allowances

per FTE student as calculated pursuant to section 8 of P.L.2000, c. 72 ( C.18A:7G-8 ); and the estimated cost to complete the project as determined by the district. Notwithstanding the provisions of section 4 of P.L.2000, c. 72 ( C.18A:7G-4 ) or section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ) or the provisions of any other law, rule, or regulation to the contrary, the approval

or disapproval of an application for a school facilities project pursuant to this

section shall not be contingent upon the school facilities project being consistent

or inconsistent with the school district's long-range facilities plan required pursuant

to section 4 of P.L.2000, c. 72 ( C.18A:7G-4 ) or upon the fact that the long-range facilities plan has not been amended to incorporate

the school facilities project. (b) Upon approval of an application submitted pursuant to subparagraph (a) of this

paragraph, the applicant board of education shall adopt a resolution approving the

issuance of bonds in a public meeting upon an affirmative vote of two-thirds of its

full membership. If the school district is under full or partial State intervention and the governance

component of school district effectiveness has not been returned to the district,

the approval shall be evidenced by a certification, affidavit, or other sworn statement

signed by the State district superintendent supporting the issuance. The resolution or certification, affidavit, or other sworn statement as applicable

shall include, in addition to the information required pursuant to paragraph (1) of

this subsection: (i) the amount needed to be raised by school bonds; (ii) the final eligible costs of the school facilities project as approved by the

commissioner; (iii) the total costs; (iv) the State share or State debt-service-aid percentage; (v) the local share, if applicable; and (vi) the excess costs, if applicable. c. (1) Upon the adoption of a resolution or the signing of a certification, affidavit,

or other sworn statement pursuant to subsection b. of this section, a board of education

or State district superintendent as applicable shall apply to the Commissioner of

Education for approval of the issuance of bonds for the purposes laid out in subsection

a. of this section. An application shall be submitted in a manner and in accordance with procedures

prescribed by the commissioner. At a minimum, the application shall: (a) demonstrate the need to borrow and that borrowing is necessary to provide a thorough

and efficient system of education and to meet an emergency caused by a natural disaster; (b) include the resolution adopted, or certification, affidavit, or other sworn statement

signed, pursuant to subsection b. of this section; and (c) demonstrate that reasonable efforts have been made to employ other methods provided

by law to finance repairs to school facilities and other furnishings and equipment

that were damaged due to a natural disaster. (2) A decision by the commissioner concerning the approval or disapproval of an application

shall be rendered to the applicant board of education or State district superintendent

within 15 business days of receipt of the application. d. (1) Notwithstanding the provisions of any law, rule, or regulation to the contrary,

in the event that the commissioner approves an application submitted pursuant to subsection

c. of this section, the principal of and interest on the bonds issued pursuant to

this section shall be repaid with funds of the school district. Notwithstanding the bond limitations on a school district pursuant to the provisions

of N.J.S.18A:24-19 or the provisions of any other law, rule, or regulation to the contrary, a school

bond may be issued in a manner prescribed in this section even if the principal amount

of the bond, when added to the net school debt of the district, exceeds the limitations

enumerated under N.J.S.18A:24-19 or under any other provision of law prescribing bond limitations on a Type II school

district without a board of school estimate. In the event that a school district exceeds the applicable bond limitations after

issuance of a bond pursuant to this section, the commissioner shall, along with the

approval of an application provided under subsection c. of this section, endorse the

commissioner's consent and shall record in writing that the borrowing is necessary

for the school district to provide a thorough and efficient system of education and

to meet an emergency caused by a natural disaster. (2) In addition to the amount of taxes determined by the legal voters of the district

at the annual school election, the secretary of the board of education shall certify

the amount required for the repayment of the interest and principal of the bonds required

to fund the local share amount approved by the commissioner in the same manner required

for interest and debt redemption charges pursuant to N.J.S.18A:22-33 , and the amount so certified shall be included in the taxes assessed, levied, and

collected in the municipality or municipalities comprising the school district for

those purposes.