Title 18A, Title 18A: EDUCATION

18A:7G-13 Responsibilities of financing authority, development authority. 13. a. The financing authority shall be responsible for the issuance of bonds pursuant to section 14 of P.L.2000, c.72 (C.18A:7G-14) and the development authority shall be responsible for the planning, desi…

18A:7G-13.1 Audits conducted of certain projects. 9. The development authority, in consultation with the State Comptroller, shall cause an audit to be conducted of a school facilities project financed pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.) which has a State share that exc…

18A:7G-14 Powers of financing authority; powers of development authority. 14. Notwithstanding any other provisions of law to the contrary: a. The financing authority shall have the power, pursuant to the provisions of P.L.2000, c.72 (C.18A:7G-1 et al.), P.L.1974, c.80 (C.34:1B-1 …

18A:7G-14.1 Priority for projects of certain county vocational school districts. 8. The school facilities projects of a county vocational school district that did not receive State support for its projects from the $100,000,000 of bond proceeds originally allocated for the State …

18A:7G-15 Election by district to receive one-time grant for State share. 15. a. In the case of a district other than an SDA district, for any project approved by the commissioner after the effective date of P.L.2000, c.72 (C.18A:7G-1 et al.), the district may elect to receive a …

18A:7G-15.1 Rules, regulations. 11. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner deems necessary to …

18A:7G-15.1a School facilities projects, sell bonds, without voter approval, requirements. 7. a. Notwithstanding any provision of law to the contrary, when the board of education of a district determines that it is not financing a school facilities project under section 15 of P.L…

18A:7G-15.2 Use of certain funds to improve school security. 2. Notwithstanding the provisions of subsection a. of section 14 of P.L.2000, c.72 (C.18A:7G-14) to the contrary, the proceeds of bonds authorized to be issued to fund the State share of the costs of SDA district school…

18A:7G-16 Additional powers, duties of financing authority. 16. In addition to the other powers and duties which have been granted to the financing authority, whenever any local unit finances the construction or acquisition of a school facilities project which would otherwise qua…

18A:7G-17 Annual payment to financing authority by State. 17. In each fiscal year the State Treasurer shall pay from the General Fund to the financing authority, in accordance with a contract between the State Treasurer and the financing authority as authorized pursuant to sectio…

18A:7G-18 Financing authority to enter into contracts for State payments. 18. The State Treasurer and the financing authority are authorized to enter into one or more contracts to implement the payment arrangement provided for in section 17 of P.L.2000, c.72 (C.18A:7G-17). The co…

18A:7G-19 Loans to local units. 19. a. The financing authority may make and contract to make loans to local units in accordance with and subject to the provisions of this act to finance all or any portion of the cost of a school facilities project which the local unit may lawfull…

18A:7G-2 Findings, declarations relative to construction, financing of public school facilities. 2. The Legislature finds and declares that: a. The Constitution of the State of New Jersey requires the Legislature to provide for the maintenance and support of a thorough and effici…

18A:7G-20 Acquisition of school facilities by local unit. 20. A local unit may purchase, lease, rent, sublease or otherwise acquire any school facilities project or any space within a project and pay the amounts as may be agreed upon between the local unit and the development aut…

18A:7G-21 Payment to financing, development authority to cover deficiency. 21. a. In the event that a local unit has failed or is unable to pay to the financing authority or the development authority in full when due any local unit obligations issued by the local unit to the fina…

18A:7G-22 Powers of financing and development authorities relative to acceptance and use of funds. 22. a. The financing authority and the development authority shall have the power to accept and use any funds appropriated and paid by the State to the financing authority and the d…

18A:7G-23 Prevailing wage rates on construction contracts. 23. a. Not less than the prevailing wage rate determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.) shall be paid to workers employed in th…

18A:7G-23.1 "Office of Contracting Accountability" established. 12. There is hereby created within the development authority an Office of Contracting Accountability. The office shall, in consultation with the Department of Labor and Workforce Development, ensure the compliance in…

18A:7G-24 Biannual report on school facilities construction program. 24. The development authority, in consultation with the State Treasurer, the financing authority, and the commissioner, shall biannually submit to the Governor, the Joint Budget Oversight Committee, the Presiden…

18A:7G-24.1 Information submitted by the New Jersey Schools Development Authority. 1. Notwithstanding any provision of law, rule, or regulation to the contrary, the New Jersey Schools Development Authority established pursuant to section 3 of P.L.2007, c.137 (C.52:18A-237), shall…

18A:7G-25 Appropriation of unexpended balance. 25. Notwithstanding the provisions of the annual appropriations act to the contrary concerning the conditions on the appropriation and reappropriation of the balance in the School Construction and Renovation Fund, the unexpended bala…

18A:7G-26 Rules, regulations. 26. a. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of sections 1 through 12 and 57 and 58 and 64 of P.L.2000, c.72 (C.…

18A:7G-27 Development or financing authority property exempt from levy, sale. 27. All property of the development authority and the financing authority shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process shall issue against the …

18A:7G-28 Severability. 28. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to…

18A:7G-29 Liberal construction. 29. This act shall be construed liberally to effectuate the legislative intent and the purposes of this act as complete and independent authority for the performance of each act and thing herein authorized and all powers herein granted shall be bro…

18A:7G-3 Definitions relative to construction, financing of public school facilities. 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, 1…

18A:7G-30 Annual appropriation from tobacco settlement. 30. There shall be appropriated annually for the purposes of this act up to $100,000,000 from moneys made available to the State from tobacco companies under the nationwide settlement of the respective actions by the various…

18A:7G-31 Establishment of capital reserve account. 57. a. Notwithstanding any provision of this act or any other law or regulation to the contrary, a board of education or a board of school estimate, as appropriate, may, through the adoption of a board resolution, establish a ca…

18A:7G-32 "County Vocational School District Facilities Rehabilitation Fund." 58. a. There is hereby created a special fund in the Department of Education which shall be entitled the "County Vocational School District Facilities Rehabilitation Fund." The fund shall be maintained …

18A:7G-33 Process for prequalification of contractors. 59. The development authority shall establish a process for the prequalification of contractors that desire to bid on school facilities projects. A contractor shall not be permitted to bid on such a school facilities project …

18A:7G-34 Prequalification process, submission requirements. 60. a. The prequalification process shall include a requirement that the contractor proposing to submit bids on a school facilities project submit a statement under oath on a form designated by the development authority…

18A:7G-34.1 Contractor, good standing, school facilities projects, corrective action plan. 15. a. As part of the application process established under section 59 of P.L.2000, c.72 (C.18A:7G-33) for the prequalification of a contractor that desires to bid on school facilities proj…

18A:7G-35 Validity of contractor's prequalification classification. 61. a. A contractor's prequalification classification shall be valid for 24 months. A contractor shall be reclassified after the 24-month period in order to remain eligible to bid on school facilities projects. b…

18A:7G-36 Mandatory uniform performance evaluation of contractors. 62. a. A mandatory uniform performance evaluation shall be conducted on all school facilities projects undertaken by the development authority. The evaluation shall, at a minimum, include cost, schedule adherence …

18A:7G-37 Submission of sworn contractor certification; requirements. 63. a. A prequalified contractor seeking to bid school facilities projects, and any subcontractors required to be named under P.L.2000, c.72 (C.18A:7G-1 et al.) shall, as a condition of bidding, submit a sworn …

18A:7G-38 Program to provide additional funding for apprenticeship programs. 64. a. The Commissioner of Education, in conjunction with the Commissioner of Labor and Workforce Development, shall establish a program to provide additional funding for apprenticeship programs register…

18A:7G-39 False, deceptive, fraudulent statement by contractor in certifications, penalty. 65. Any contractor who willfully makes, or causes to be made, a false, deceptive or fraudulent statement in the certifications required pursuant to P.L.2000, c.72 (C.18A:7G-1 et al.), shall…

18A:7G-4 Long-range facilities plan; facilities efficiency standards; time lines. 4. a. By December 15, 2000 and by October 1, 2005, each district shall prepare and submit to the commissioner a long-range facilities plan that details the district's school facilities needs and the…

18A:7G-40 Prequalified contractors exempt from other prequalifying process. 66. A contractor who has been prequalified as a bidder on school facilities projects in accordance with the process established by the development authority pursuant to section 59 of P.L.2000, c.72 (C.18A…

18A:7G-41 Procedure for obtaining prequalified status; short-form application. 68. If a contractor on the effective date of this act has a current, valid classification from the Division of Property Management and Construction, it may obtain prequalified status under this act by …

18A:7G-41.1 Definitions relative to construction of school facilities projects; competition for contracts. 1. a. As used in this section: "affiliate" means any firm or person having an overt or covert relationship such that any one of them directly or indirectly controls or has p…

18A:7G-42 Registration of apprentices. 69. All apprentices shall be registered through the approved federal Bureau of Apprenticeship and Training program. L.2000,c.72,s.69.

18A:7G-43 Office of Fiscal Integrity in School Construction. 70. There is established in the Office of the Attorney General the Office of Fiscal Integrity in School Construction. The office shall perform its duties under the direction of the Attorney General and shall cooperate a…

18A:7G-45 Conveyance of certain school buildings and land to New Jersey Schools Development Authority; conditions. 14. a. In the event that the development authority funds 100% of the cost of the acquisition of land for the construction of a school facilities project and as a res…

18A:7G-46 Acquisition of land in SDA district; submission of land inventory. 15. If land is necessary to be acquired in connection with a school facilities project in an SDA district, the board of education of the district and the governing body of the municipality in which the d…

18A:7G-47 Approval of site plan in SDA district; procedure. 16. a. Whenever the board of education of an SDA district submits to the New Jersey Schools Development Authority established pursuant to P.L.2007, c.137 (C.52:18A-235 et al.) information on a proposed preferred site for…