New Jersey § 18a:7g-3

§ 18a:7g-3.

As used in sections 1 through 30 and 57 through 71 of P.L.2000, c. 72 ( C.18A:7G-1 et al.) , sections 14 through 17 of P.L.2007, c. 137 ( C.18A:7G-45 through C.18A:7G-48 ) , and sections 5, 7, 12, 15, and 19 through 21 of P.L.2023, c. 311 ( C.18A:7G-5b , 18A:7G-15.1a, 18A:7G-23.1, 18A:7G-34.1, 18A:7G-47.1 through 18A:7G-47.3) , unless the context clearly requires a different meaning: “ Area cost allowance ” means $138 per square foot for the school year 2000-2001 and shall be inflated by

an appropriate cost index for the 2001-2002 school year. For the 2002-2003 school year and subsequent school years, the area cost allowance

shall be established by the commissioner pursuant to subsection h. of section 4 of P.L.2000, c. 72 ( C.18A:7G-4 ). The area cost allowance used in determining preliminary eligible costs of school

facilities projects shall be that of the year of application for approval of the project; “ Capital maintenance project ” means a school facilities project intended to extend the useful life of a school

facility, including up-grades and replacements of building systems, such as structure,

enclosure, mechanical, plumbing and electrical systems; “ Commissioner ” means the Commissioner of Education; “ Core curriculum content standards ” means the standards established pursuant to the provisions of subsection a. of section

4 of P.L.2007, c. 260 ( C.18A:7F-46 ); “ Cost index ” means the average annual increase, expressed as a decimal, in actual construction

cost factors for the New York City and Philadelphia areas during the second fiscal

year preceding the budget year as determined pursuant to regulations promulgated by

the development authority pursuant to section 26 of P.L.2000, c. 72 ( C.18A:7G-26 ); “ Debt service ” means and includes payments of principal and interest upon school bonds issued to

finance the acquisition of school sites and 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 the costs of issuance of such obligations and shall include payments

of principal and interest upon school bonds heretofore issued to fund or refund such

obligations, and upon municipal bonds and other obligations which the commissioner

approves as having been issued for such purposes. Debt service pursuant to the provisions of P.L.1978, c. 74 ( C.18A:58-33.22 et seq. ), P.L.1971, c. 10 ( C.18A:58-33.6 et seq. ) and P.L.1968, c. 177 ( C.18A:58-33.2 et seq. ) is excluded; “ Demonstration project ” means a school facilities project selected by the State Treasurer for construction

by a redevelopment entity pursuant to section 6 of P.L.2000, c. 72 ( C.18A:7G-6 ); “ Development authority ” means the New Jersey Schools Development Authority established pursuant to section

3 of P.L.2007, c. 137 ( C.52:18A-237 ); “ District ” means a local or regional school district established pursuant to chapter 8 or chapter

13 of Title 18A of the New Jersey Statutes, a county special services school district

established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes,

a county vocational school district established pursuant to article 3 of chapter 54

of Title 18A of the New Jersey Statutes, and a district under full State intervention

pursuant to P.L.1987, c. 399 ( C.18A:7A-34 et al.); “ 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; “ Excess costs ” means the additional costs, if any, which shall be borne by the district, of a school

facilities project which result from design factors that are not required to meet

the facilities efficiency standards and not approved pursuant to paragraph (1) of

subsection g. of section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ) or are not authorized as community design features included in final eligible costs

pursuant to subsection c. of section 6 of P.L.2000, c. 72 ( C.18A:7G-6 ); “ Facilities efficiency standards ” means the standards developed by the commissioner pursuant to subsection h. of section

4 of P.L.2000, c. 72 ( C.18A:7G-4 ); “ Final eligible costs ” means for school facilities projects to be constructed by the development authority,

the final eligible costs of the school facilities project as determined by the commissioner,

in consultation with the development authority, pursuant to section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ); for demonstration projects, the final eligible costs of the project as determined

by the commissioner and reviewed by the development authority which may include the

cost of community design features determined by the commissioner to be an integral

part of the school facility and which do not exceed the facilities efficiency standards,

and which were reviewed by the development authority and approved by the State Treasurer

pursuant to section 6 of P.L.2000, c. 72 ( C.18A:7G-6 ); and for districts other than SDA districts, final eligible costs as determined pursuant

to paragraph (1) of subsection h. of section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ); “ Financing authority ” means the New Jersey Economic Development Authority established pursuant to P.L.1974,

c. 80 ( C.34:1B-1 et seq. ); “ FTE ” means a full-time equivalent student which shall be calculated as follows: each

student in grades 1 through 12 shall be counted at 100 percent of the actual count of students, in the case of districts which operate a half-day

kindergarten program each kindergarten student shall be counted at 50 percent of the actual count of kindergarten students, in the case of districts which operate

a full-day kindergarten program or which currently operate a half-day kindergarten

program but propose to build facilities to house a full-day kindergarten program each

kindergarten student shall be counted at 100 percent of the actual count of kindergarten students, and each preschool student who is enrolled

in a full-day preschool program pursuant to section 12 of P.L.2007, c. 260 ( C.18A:7F-54 ) shall be counted at 100 percent of the actual count of preschool students. In addition, each preschool disabled child who is entitled to receive a full-time

program pursuant to N.J.S.18A:46-6 shall be counted at 100 percent of the actual count of these students in the district; “ Functional capacity ” means the number of students that can be housed in a building in order to have sufficient

space for it to be educationally adequate for the delivery of programs and services

necessary for student achievement of the core curriculum content standards. Functional capacity is determined by dividing the existing gross square footage of

a school building by the minimum area allowance per FTE student pursuant to subsection

b. of section 8 of P.L.2000, c. 72 ( C.18A:7G-8 ) for the grade level students contained therein. The difference between the projected enrollment determined pursuant to subsection

a. of section 8 of P.L.2000, c. 72 ( C.18A:7G-8 ) and the functional capacity is the unhoused students that are the basis upon which

the additional costs of space to provide educationally adequate facilities for the

entire projected enrollment are determined. The existing gross square footage for the purposes of defining functional capacity

is exclusive of existing spaces that are not contained in the facilities efficiency

standards but which are used to deliver programs and services aligned to the core

curriculum content standards, used to provide support services directly to students,

or other existing spaces that the district can demonstrate would be structurally or

fiscally impractical to convert to other uses contained in the facilities efficiency

standards; “‘ Kit of Parts’ standardized school design elements ” means the prototypical design utilizing standardized Modern Building Component Elements,

Model Educational Specifications, and Model Program Templates created by the development

authority for the efficient, adaptable, and scalable organization and configuration

of instructional, large group assembly, and other elements within a school facilities

project; “ 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; “ Local share ” means, in the case of a school facilities project to be constructed by the development

authority, the total costs less the State share as determined pursuant to section

5 of P.L.2000, c. 72 ( C.18A:7G-5 ); in the case of a demonstration project, the total costs less the State share as

determined pursuant to sections 5 and 6 of P.L.2000, c. 72 ( C.18A:7G-5 and C.18A:7G-6 ); and in the case of a school facilities project which shall be financed pursuant

to section 15 of P.L.2000, c. 72 ( C.18A:7G-15 ), the total costs less the State share as determined pursuant to that section; “ Local unit ” means a county, municipality, board of education or any other political subdivision

or instrumentality authorized to construct, operate and maintain a school facilities

project and to borrow money for those purposes pursuant to law; “ Local unit obligations ” means bonds, notes, refunding bonds, refunding notes, lease obligations and all

other obligations of a local unit which are issued or entered into for the purpose

of paying for all or a portion of the costs of a school facilities project, including

moneys payable to the development authority; “ Long-range facilities plan ” means the plan required to be submitted to the commissioner by a district pursuant

to section 4 of P.L.2000, c. 72 ( C.18A:7G-4 ); “ Maintenance ” means expenditures which are approved for repairs and replacements for the purpose

of keeping a school facility open and safe for use or in its original condition, including

repairs and replacements to a school facility's heating, lighting, ventilation, security

and other fixtures to keep the facility or fixtures in effective working condition. Maintenance shall not include capital maintenance or contracted custodial or janitorial

services, expenditures for the cleaning of a school facility or its fixtures, the

care and upkeep of grounds or parking lots, and the cleaning of, or repairs and replacements

to, movable furnishings or equipment, or other expenditures which are not required

to maintain the original condition over the school facility's useful life. Approved maintenance expenditures shall be as determined by the commissioner pursuant

to regulations to be adopted by the commissioner pursuant to section 26 of P.L.2000, c. 72 ( C.18A:7G-26 ); “ Materials and Systems Standards ” means the development authority's “Materials and Systems Standards Manual” and “Construction

Details Manual,” which are: intended to implement standardized designs in support of repeatable, durable, and

cost-effective construction of school facilities projects; comprised of “Design Requirements” prescribing the approved standards for selection

of materials, systems, and equipment to be incorporated into a school facilities project;

and comprised of “Construction Details” containing standardized construction details for

the construction of school facilities projects. “ Model Building Component Elements ” means the development of standardized prototypical model room layouts for instructional,

large group, and core component building elements; “ Model Educational Specifications ” means the development of: room educational specifications, which describe a school's programs and activities,

spatial relationships, and special environmental requirements for each space; and room fit-out lists, which provide the number, type, and size of equipment, furniture,

and fixtures contained in each room inclusive of the party responsible for providing

them in a school facility. “ Model Program Templates ” means the development of programmatic models that define the number and type of

rooms and spaces to be provided in a school facility; “ Model school design program ” means the design standards for school facilities projects comprised of the “Kit

of Parts” standardized school design elements, developed by the development authority

for the adaptable and scalable configuration and repeatable and efficient construction

of school facilities projects, pursuant to paragraph (2) of subsection h. of section

4 of P.L.2000, c. 72 ( C.18A:7G-4 ); “ Other allowable costs ” means the costs of temporary facilities, site development, acquisition of land or

other real property interests necessary to effectuate the school facilities project,

fees for the services of design professionals, including architects, engineers, construction

managers and other design professionals, legal fees, financing costs and the administrative

costs of the development authority and the financing authority or the district incurred

in connection with the school facilities project; “ Other facilities ” means athletic stadiums, swimming pools, ice rinks, any associated structures or related equipment tied to such facilities including,

but not limited to, grandstands and night field lights, greenhouses, facilities used

for non-instructional or non-educational purposes, and any structure, building, or

facility used solely for school administration; “ Preliminary eligible costs ” means the initial eligible costs of a school facilities project as calculated pursuant

to the formulas set forth in section 7 of P.L.2000, c. 72 ( C.18A:7G-7 ) or as otherwise provided pursuant to section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ) and which shall be deemed to include the costs of construction and other allowable

costs; “ Project charter ” means the document that sets forth the scope, budget, and schedule of a school facilities

project, as approved by the board of the development authority, and which is updated

from time to time during the course of the school facilities project with board approval. “ Redevelopment entity ” means a redevelopment entity authorized by a municipal governing body to implement

plans and carry out redevelopment projects in the municipality pursuant to the “Local

Redevelopment and Housing Law,” P.L.1992, c. 79 ( C.40A:12A-1 et al.); “ School bonds ” means, in the case of a school facilities project which is to be constructed by

the development authority, a redevelopment entity, or a district under section 15

of P.L.2000, c. 72 ( C.18A:7G-15 ), bonds, notes or other obligations issued by a district to finance the local share;

and, in the case of a school facilities project which is not to be constructed by

the development authority or a redevelopment entity, or financed under section 15

of P.L.2000, c. 72 ( C.18A:7G-15 ), bonds, notes or other obligations issued by a district to finance the total costs; “ School enrollment ” means the number of FTE students other than evening school students, including post-graduate

students and post-secondary vocational students, who, on the last school day prior

to October 16 of the current school year, are recorded in the registers of the school; “ School facility ” means and includes any structure, building , or facility used wholly or in part for educational purposes by a 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; “ School facilities project ” means the planning, acquisition, demolition, construction, improvement, alteration,

modernization, renovation, reconstruction or capital maintenance of all or any part

of a school facility or of any other personal property necessary for, or ancillary

to, any school facility, and shall include fixtures, furnishings and equipment, and

shall also include, but is not limited to, site acquisition, site development, the

services of design professionals, such as engineers and architects, construction management,

legal services, financing costs and administrative costs and expenses incurred in

connection with the project; “ SDA district ” is a district that received education opportunity aid or preschool expansion aid

in the 2007-2008 school year; “ Special education services pupil ” means a pupil receiving specific services pursuant to chapter 46 of Title 18A of

the New Jersey Statutes; “ State aid ” means State municipal aid and State school aid; “ State debt service aid ” means for school bonds issued for school facilities projects approved by the commissioner

after the effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.) of districts which elect not to have a redevelopment entity construct the

project or which elect not to finance the project under section 15 of P.L.2000, c. 72 ( C.18A:7G-15 ), the amount of State aid determined pursuant to section 9 of P.L.2000, c. 72 ( C.18A:7G-9 ); and for school bonds or certificates of participation issued for school facilities

projects approved by the commissioner prior to the effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.) the amount of State aid determined pursuant to section 10 of P.L.2000, c. 72 ( C.18A:7G-10 ); “ State municipal aid ” means business personal property tax replacement revenues, State urban aid and State

revenue sharing, as these terms are defined in section 2 of P.L.1976, c. 38 ( C.40A:3-3 ), or other similar forms of State aid payable to the local unit and to the extent

permitted by federal law, federal moneys appropriated or apportioned to the municipality

or county by the State; “ State school aid ” means the funds made available to school districts pursuant to section 11 of P.L.2007, c. 260 ( C.18A:7F-53 ); “ State share ” means the State's proportionate share of the final eligible costs of a school facilities

project to be constructed by the development authority as determined pursuant to section

5 of P.L.2000, c. 72 ( C.18A:7G-5 ); in the case of a demonstration project, the State's proportionate share of the

final eligible costs of the project as determined pursuant to sections 5 and 6 of P.L.2000, c. 72 ( C.18A:7G-5 and C.18A:7G-6 ); and in the case of a school facilities project to be financed pursuant to section 15

of P.L.2000, c. 72 ( C.18A:7G-15 ), the State share as determined pursuant to that section; “ Total costs ” means, in the case of a school facilities project which is to be constructed by

the development authority or a redevelopment entity or financed pursuant to section

15 of P.L.2000, c. 72 ( C.18A:7G-15 ), the final eligible costs plus excess costs if any; and in the case of a school

facilities project which is not to be constructed by the development authority or

a redevelopment entity or financed pursuant to section 15 of P.L.2000, c. 72 ( C.18A:7G-15 ), the total cost of the project as determined by the district.