New Jersey § 18a:7g-9

§ 18a:7g-9.

a. State debt service aid for capital investment in school facilities for a district

other than an SDA district which elects not to finance the project under section 15

of P.L.2000, c. 72 ( C.18A:7G-15 ), shall be distributed upon a determination of preliminary eligible costs by the

commissioner, according to the following formula: Aid is the sum of A for each issuance of school bonds issued for a school facilities

project approved by the commissioner after the effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.) where A = B x AC/P x DAP x M, with AC/P =1 whenever AC/P would otherwise yield a number greater than one, and where: B is the district's debt service for the individual issuance for the fiscal year; AC is the preliminary eligible costs determined pursuant to section 7 of P.L.2000, c. 72 ( C.18A:7G-7 ); P is the principal of the individual issuance plus any other funding sources approved

for the school facilities project; DAP is the district's district aid percentage as defined pursuant to section 3 of P.L.2000, c. 72 ( C.18A:7G-3 ) and where DAP shall not be less than 40 percent. If the project's design incorporates the implementation of energy efficiency improvements

or the installation of energy efficient features or equipment, the DAP shall be increased

by no more than five percent. In order to qualify for a DAP increase for the implementation of energy efficiency

improvements or the installation of energy efficient features or equipment pursuant

to this subsection, a district shall submit to the development authority and Department

of Education a certification, along with evidential documentation, attesting that

the project's design incorporates the implementation of energy efficiency improvements

or the installation of energy efficient features or equipment ; and M is a factor representing the degree to which a district has fulfilled maintenance

requirements for a school facilities project determined pursuant to subsection b.

of this section. For county special services school districts, DAP shall be that of the county vocational

school district in the same county. Notwithstanding the provisions of this subsection to the contrary, DAP for a county

vocational school district school facilities project that is approved by the commissioner

following the effective date of P.L.2009, c. 185 shall equal the greater of the district's district aid percentage as defined pursuant

to section 3 of P.L.2000, c. 72 ( C.18A:7G-3 ) or the percentage of the students in the county vocational school district's resident

enrollment who reside in SDA districts; except that DAP shall not be less than 40 percent or greater than 90 percent . b. The maintenance factor (M) shall be 1.0 except when one of the following conditions

applies, in which case the maintenance factor shall be as specified: (1) Effective ten years from the date of the enactment of P.L.2000, c. 72 ( C.18A:7G-1 et al.), the maintenance factor for aid for reconstruction, remodeling, alteration,

modernization, renovation or repair, or for an addition to a school facility, shall

be zero for all school facilities projects for which the district fails to demonstrate

over the ten years preceding issuance a net investment in maintenance of the related

school facility of at least two percent of the replacement cost of the school facility, determined pursuant to subsection

b. of section 7 of P.L.2000, c. 72 ( C.18A:7G-7 ) using the area cost allowance of the year ten years preceding the year in which

the school bonds are issued. (2) For new construction, additions, and school facilities aided under subsection

b. of section 7 of P.L.2000, c. 72 ( C.18A:7G-7 ) supported by financing issued for projects approved by the commissioner after the

effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.), beginning in the fourth year after occupancy of the school facility, the

maintenance factor shall be reduced according to the following schedule for all school

facilities projects for which the district fails to demonstrate in the prior fiscal

year an investment in maintenance of the related school facility of at least two-tenths

of one percent of the replacement cost of the school facility, determined pursuant to subsection

b. of section 7 of P.L.2000, c. 72 ( C.18A:7G-7 ). Maintenance Percentage Maintenance Factor (M) .199%-.151% 75% .150%-.100% 50% Less than .100% Zero (3) Within one year of the enactment of P.L.2000, c. 72 ( C.18A:7G-1 et al.), the commissioner shall promulgate rules requiring districts to develop a

long-range maintenance plan and specifying the expenditures that qualify as an appropriate

investment in maintenance for the purposes of this subsection. c. Any district which obtained approval from the commissioner since September 1, 1998

and prior to the effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.) of the educational specifications for a school facilities project or obtained

approval from the Department of Community Affairs or the appropriately licensed municipal

code official since September 1, 1998 of the final construction plans and specifications,

and the district has issued debt, may elect to have the final eligible costs of the

project determined pursuant to section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ) and to receive debt service aid under this section or under section 10 of P.L.2000, c. 72 ( C.18A:7G-10 ). Any district which received approval from the commissioner for a school facilities

project at any time prior to the effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.), and has not issued debt, other than short term notes, may submit an application

pursuant to section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ) to have the final eligible costs of the project determined pursuant to that section

and to have the New Jersey Economic Development Authority construct the project;

or, at its discretion, the district may choose to receive debt service aid under this

section or under section 10 of P.L.2000, c. 72 ( C.18A:7G-10 ) or to receive a grant under section 15 of P.L.2000, c. 72 ( C.18A:7G-15 ). For the purposes of this subsection, the “ issuance of debt ” shall include lease purchase agreements in excess of five years. d. For school bonds issued for a school facilities project after the effective date

of P.L.2000, c. 72 ( C.18A:7G-1 et al.) and prior to the effective date of P.L.2008, c. 39 ( C.18A:7G-14.1 et al.), State debt service aid shall be calculated in accordance with the provisions

of this section as the same read before the effective date of P.L.2008, c. 39 ( C.18A:7G-14.1 et al.).