New Jersey § 52:18a-78

§ 52:18a-78.

Prior to the acquisition or construction of any project, or any reconstruction, rehabilitation,

repair , renovation, preservation, or improvement of a project, the cost of which undertaking is estimated to exceed

$100,000.00 the authority shall , except as otherwise provided in subsection d. of section 9 of P.L.1992, c. 174 ( C.52:18A-78.5c ) : a. Prepare a project report which shall describe the nature and scope of the project,

including but not limited to its location, size, cost, and purpose, a list of all

entities which will occupy the project and the amount of space each will occupy, the

anticipated annual State appropriation for lease agreements, the total State appropriations

necessary in each year until the total indebtedness attributable to the project is

paid or retired and a statement of anticipated annual receipts and expenditures for

the project; b. Submit the project report to the Commission on Capital Budgeting and Planning for

its review and its findings as to whether the project is necessary and convenient

to meet the needs of the State agencies which are to utilize the project, whether

the project is consistent with the State Capital Improvement Plan, and whether it

meets the criteria otherwise established by the Commission for its approval of State

capital projects; c. Conduct a public hearing in the municipality in which the project is to be located

as provided in section 7 of this act, 2 and make all responses required by that section; except that this requirement shall

not apply in the case of the reconstruction, rehabilitation, renovation, preservation, repair or improvement of an existing building or facility owned by the State and

which will continue to be used for substantially the same purpose after completion

of the project, nor shall it apply to a project which qualifies as a State investment

project under section 4 of P.L.1983, c. 139 ( C.40:55C-46a ); d. Submit to the Legislature the project report, the findings of the Commission on

Capital Budgeting and Planning, the transcript of the public hearing, and all responses

required by section 7 of this act; e. Submit to the Legislature documentation that: (1) Plans and specifications for the project assure, or will assure adequate light,

air, sanitation, and fire protection; (2) There is a feasible method for the relocation of families and individuals displaced

from the project area into decent, safe and sanitary dwellings in accordance with

the provisions of the “Relocation Assistance Act of 1967,” P.L.1967, c. 79 ( C.52:31B-1 et seq. ) and the “Relocation Assistance Act,” P.L.1971, c. 362 ( C.20:4-1 et seq. ), whichever is applicable; (3) Plans and specifications for the project assure that the project will comply with

all applicable standards and requirements prescribed by State and federal law which

promote the public health, protect the environment or promote the conservation of

energy, and that, where practicable and appropriate, consideration shall be given

to the generation or cogeneration of electrical power on the project site or in conjunction

with other facilities; (4) Plans and specifications for the project assure that it will comply with the requirements

of the “State Uniform Construction Code Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ); (5) The location of the project is consistent with the State's urban policy of concentrating

public investments in distressed urban centers and assisting in the revitalization

of the older municipalities, except for a project intended to serve a region which

contains no such urban center. For the purposes of this section “ cost ” means, in addition to the usual connotations thereof, the cost of acquisition, construction,

reconstruction, rehabilitation, repair, improvement and operation of all or any part

of a project, and includes, but is not limited to, the cost or fair market value of

construction, machinery and equipment, property rights, easements, privileges, agreements,

franchises, utility extensions, disposal facilities, access roads and site development

deemed by the authority to be necessary or useful and convenient therewith, discount

on bonds, cost of issuance of bonds, engineering and inspection costs and legal expenses,

cost of financial, professional and other estimates and advice, organization, administrative,

insurance, operating and other expenses of the authority or any person prior to and

during any acquisition or construction, reconstruction, rehabilitation, repair or

improvement, and all other expenses as may be necessary or incident to the financing,

acquisition, construction, rehabilitation, repair or improvement and completion of

the project or part thereof, and also provision for reserves for payment or security

of, principal of, or interest on, the bonds during any such undertaking. 1

So in enrolled bill. § 9 of P.L.1992, c. 174 (C.52:18A-78.5c) contains no subsec.

d. 2

N.J.S.A. § 52:18A-78.7.