6A:26-3.15 Demonstration projects
(a) For the initial three full fiscal years following the effective date of EFCFA, the State Treasurer is authorized to designate up to six school facilities projects which the State Treasurer determines to be in the best interests of the State and of the school districts to be demonstration projects. A school district and municipality may apply to the Authority for the designation of a school facilities project contained in an approved LRFP to be a demonstration project to provide for the coordination of local economic development, redevelopment or community development with a school facilities project.
(b) Abbott school districts proposing a demonstration project shall submit a pre-development application to the Division setting forth all activities which need to be undertaken prior to submission of a school facilities project application and, in addition, for preliminary approval of the demonstration project by the Authority, pursuant to N.J.A.C.6A:26-3.9 and 19:34-3.1(d) and 6. Any school district seeking to initiate a demonstration project shall apply to the Authority for the designation of a school facilities project, after the school facilities project has been approved by the Division, to the Authority, pursuant to the application requirements set forth in N.J.A.C. 19:33-2.1.
(c) The Commissioner shall approve the inclusion of the community design features as part of the school facilities project if he or she 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 school district and the residents of the community. The Commissioner may condition his or her approval upon the adoption by the school district of policies suitable for assuring continuing educational or community access to the community design features.
(d) A school district may request inclusion in the final eligible costs of a school facilities project that is a demonstration project, all or any portion of the cost of any community design features, but there shall not be included in the final eligible costs any portion of the cost of any community design features which are not an integral part of the school building and grounds or exceed the facilities efficiency standards.
(e) The cost of the community design features approved by the Commissioner shall be reviewed by the Authority. The school district shall submit the documentation required by the Authority for the Authority to make its determination. The Authority will, in its recommendation to the Commissioner pursuant to N.J.S.A. 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. Any approved community design feature whose cost is not approved by the Commissioner to be part of the final eligible costs shall be deemed an excess cost.
(f) Upon completion of a demonstration project by a redevelopment entity, the school district shall submit to the Commissioner a plan for the maintenance of the school facility, in accordance with the provisions of N.J.A.C.6A:26-3.10(c) and 12 and 6A:26A.
Amended by R. 2001 d. 367, effective October 1, 2001. See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a). In (b), inserted "district" preceding "board"; in (e), substituted N.J.S.A. reference for EFCFA reference in the third sentence; and in (f), updated N.J.A.C. references and inserted reference to the Commissioner's rules to be adopted. Amended by R. 2004 d. 214, effective June 7, 2004. See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b). Rewrote (b); in (f), amended the N.J.S.A. reference. Amended by R. 2007 d. 81, effective March 19, 2007. See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a). Inserted "school" preceding "districts" and "district" throughout; and in (f), substituted "and" for a comma preceding "12".