N.J. Admin. Code § 19:34-1.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 19:34-1.1 - Purpose and applicability of rules

(a) These rules are promulgated by the New Jersey Schools Development Authority (the Authority or SDA), to provide guidance for school districts on the Authority's undertaking and funding of preconstruction activities. Section 5 of the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72, N.J.S.A. 18A:7G-1et seq., as amended by P.L. 2007, c. 137, §20 (the "Act") identifies "preconstruction" activities as including, but not limited to, site identification, investigation and acquisition, feasibility studies, land-related design work, design work, site remediation, demolition, and acquisition of temporary facilities. With Commissioner authorization, the SDA may undertake preconstruction activities required to prepare an application for commissioner approval of a school facilities project.

(b) In accordance with P.L. 2007, c. 137, section 1h, these rules provide for the involvement of SDA school districts, the public and stakeholders at critical points throughout the preconstruction phase of a school facilities project, including the identification and selection of proposed sites for school facilities projects. The rules also provide selection criteria to assist school districts in performing their responsibilities to identify prospective school sites.

(c) The rules in this chapter shall apply to SDA school districts, the school districts required to use the Authority to construct their school facilities projects.

(d) Upon the approval of an SDA school district's long range facilities plan, and based upon the educational priority ranking of the school facilities projects in an SDA school district, as determined by the Commissioner pursuant to section 5m(2) of the Act, and the establishment of a Statewide strategic plan to be used by the Authority in the sequencing of school facilities projects, pursuant to section 5m(3) of the Act, an SDA school district may, pursuant to N.J.A.C. 6A:26-3.9, apply to the Department for approval of preconstruction activities, provided such activities are consistent with its approved long-range facilities plan. The SDA school district submits an application for preconstruction activities to the Department, which notifies both the district and the Authority whether the activities are approved.

(e) An SDA school district for which the Authority undertakes preconstruction activities shall, at minimum, comply with the requirements of this chapter, as applicable.

N.J. Admin. Code § 19:34-1.1

Amended by 48 N.J.R. 1385(a), effective 7/5/2016