New Jersey § 18a:7g-6

§ 18a:7g-6.

The provisions of section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ) shall pertain to school facilities projects designated to be demonstration projects

except as otherwise provided in this section. a. For the initial three full fiscal years following the effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.) , the State Treasurer may designate up to six school facilities projects which the

State Treasurer determines to be in the best interests of the State and of the districts

to be demonstration projects pursuant to the provisions of this section. As used in this section, “ authority ” means the New Jersey Economic Development Authority which was designated as both

the financing and construction agency for school facilities projects prior to the

enactment of P.L.2007, c. 137 ( C.52:18A-235 et al.) ; except that in the event that any actions required to be taken pursuant to this

section by the New Jersey Economic Development Authority or its subsidiary, the New

Jersey Schools Construction Corporation, have not been taken prior to the effective

date of P.L.2007, c. 137 ( C.52:18A-235 et al.), authority shall mean the New Jersey Schools Development Authority. b. A district and municipality may apply to the authority for the designation of a

school facilities project contained in a long-range facilities plan submitted to the

commissioner pursuant to section 4 of P.L.2000, c. 72 ( C.18A:7G-4 ) to be a demonstration project to provide for the coordination of local economic

development, redevelopment or community development with a school facilities project. The application shall be accompanied by resolutions requesting the designation adopted

by the board of education of the district and the governing body of the municipality. The application shall set forth: (1) a plan for carrying out the redevelopment project as a whole, including the construction

of the school facilities project; (2) the name of the redevelopment entity to undertake the project under the “Local

Redevelopment and Housing Law,” P.L.1992, c. 79 ( C.40A:12A-1 et seq al .); (3) a description of how the project fits into a redevelopment plan adopted or to

be adopted by the municipal governing body pursuant to section 7 of P.L.1992, c. 79 ( C.40A:12A-7 ); and (4) a description of the community design features to be included in the school facilities

project. c. The authority shall evaluate the request to determine whether the school facilities

project is suitable for designation as a demonstration project and whether the proposed

redevelopment entity is suitable for designation as the entity to construct the demonstration

project based upon consideration of the following factors: (1) whether the demonstration project furthers definite local objectives as to appropriate

land uses, density of population, and improved traffic and public transportation,

public utilities, recreational and community facilities and other public improvements; (2) whether the demonstration project provides significant social and economic benefits

to the municipality, its neighborhoods and residents; (3) whether the development of the school facilities project is consistent with the

local development plan; (4) the extent to which the school facilities project contains community design features

which can be used by the community; (5) whether the redevelopment entity has the current capacity to construct the demonstration

project; (6) whether the redevelopment entity has the appropriate prior experience in developing

similar types of projects; and (7) whether there exist donations from private entities for the purpose of the demonstration

project. d. The authority's review of the proposed school facilities project for designation

as a demonstration project under this section shall commence upon approval by the

commissioner of the school facilities project pursuant to section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ). Upon approval by the commissioner of the school facilities project, and recommendation

by the authority that the school facilities project be a demonstration project, the

recommendation of the authority shall be forwarded to the State Treasurer who shall

determine whether the school facilities project should be designated as a demonstration

project. At the same time as the authority forwards its recommendation to the State Treasurer,

the authority shall forward its recommendation to the Urban Coordinating Council for

review pursuant to subsection i. of this section. e. In addition to the requirements set forth in section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ) , a demonstration project may request inclusion in the final eligible costs of the

school facilities project, of all or any portion of the cost of any community design

features including any area, rooms, equipment, recreational area or playground included

in the school facilities project which are to be used in common by students of the

district and by residents of the community, but there shall not be included in the

final eligible costs any portion of the cost of any features which are not an integral

part of the school building and grounds or exceed the facilities efficiency standards. The commissioner shall approve the inclusion of the community design features as

part of the school facilities project if he finds that the inclusion of the community

design features as part of the school facilities project would be conducive to the

usefulness and success of the project for both the students of the district and the

residents of the community. The commissioner may condition his approval upon the adoption by the district of

policies suitable for assuring continuing community or educational access to the community

design features. f. The cost of the community design features approved by the commissioner shall be

reviewed by the authority. The district shall submit the documentation required by the authority for the authority

to make its determination. The authority shall, in its recommendation to the commissioner pursuant to section

5 of P.L.2000, c. 72 ( C.18A:7G-5 ) , include its recommendation with respect to the cost of the community design features. The commissioner shall make the final determination with respect to the inclusion

of the cost of community design features in the final eligible costs. g. The authority shall provide funding for the State's share of the final eligible

costs of a school facilities project to be constructed as part of a demonstration

project pursuant to an agreement among the authority, the redevelopment entity and

the district which shall, in addition to any other terms and conditions, set forth

the terms for disbursement of the State share and provide for the monitoring of construction

by the authority. h. Upon completion of a demonstration project by a redevelopment entity, the district

shall submit to the commissioner a plan to provide for the maintenance of the project

and shall enter into a contract which provides for that maintenance. i. The Urban Coordinating Council shall review the recommendations of the authority

with respect to the demonstration projects and shall advise the authority, redevelopment

entity and the district regarding the potential availability of funding for the demonstration

project, including, but not limited to, sources of funds for acquisition, clearance,

site remediation, and assemblage of land and the development, redevelopment, construction

or rehabilitation of any structure or improvement included in the project. j. Any district may consult with the Urban Coordinating Council with respect to the

potential availability of funding for aspects of the school facilities project, including,

but not limited to, sources of funds for acquisition, clearance, site remediation,

and assemblage of land and the development, redevelopment, construction or rehabilitation

of any structure or improvement included in the project.