Current through Register Vol. 56, No. 6, March 18, 2024
(a) Any ROD applying for a section 15 grant shall conform at a minimum with the requirements of this subchapter, as applicable.
(b) Any eligibility determination for a section 15 grant shall be subject to the availability of funds.
(c) If the school facilities project or a portion of it is eligible for State support, the ROD may request State debt service aid pursuant to 18A:7G-9 in lieu of a section 15 grant.
(d) All of the following conditions shall apply regarding eligibility for a section 15 grant:
1. A ROD shall have an approved LRFP, pursuant to 6A:26-2.1(b).
2. The school facilities project has been approved pursuant to 6A:26-3.3 and has no excess costs.
3. The proposed school facilities project shall fall within one or more of the priority project categories described below.
i. Level 1 are school facilities projects that address the most critical operational building needs, including health and safety issues, and program mandates. The projects shall consist of one or more of the following:
(1) Upgrades to essential building systems;
(2) Repair or replacement of a building skin element;
(3) Fire or life safety building code issues;
(4) Upgrades consistent with the Americans with Disabilities Act;
(5) Hazardous materials abatement;
(6) Security and communication systems;
(7) Site drainage to correct existing conditions;
(8) Upgrades to existing elementary school playgrounds as per 6A:26-3.2(a)5;
(9) Renovated or up to a maximum of six new early childhood classrooms; or
(10) Special population needs.
ii. Level 2 are school facilities projects that address the rehabilitation of existing buildings, the easing of overcrowding, and/or improving the quality of existing instructional spaces. The projects shall consist of one or more of the following:
(1) Repair or replacement of existing building systems and components not included in Level 1;
(2) Existing site upgrades excluding upgrades to athletic fields or tracks; or
(3) Renovation or new construction of capacity-generating classrooms to address overcrowding or a substandard condition.
iii. Level 3 are school facilities projects that are either new construction or rehabilitation that also qualifies as reconstruction. For purposes of this subsection, "reconstruction" means reconstruction as defined in the UCC, 5:23-6.3. Reconstruction and/or new construction projects shall be evaluated based upon the following attributes:
(1) Districtwide unhoused students and overcrowding;
(2) Early childhood program accommodations;
(3) Compliance with facilities efficiency standards;
(4) Use of temporary or leased facilities;
(5) Building age;
(6) Project scope; and
(7) Prior section 15 funding.
(e) If the school facilities project fits into more than one of the priority project categories, the entire school facilities project shall be deemed to fall within the lowest category for which it qualifies.
(f) If a ROD submits more than one application for a section 15 grant for a school facilities project that includes new construction, all applications for section 15 grants shall not have any excess costs to qualify for a section 15 grant.
(g) A ROD shall be eligible to receive a section 15 grant for a school facilities project involving the replacement of a building system that was all or part of a school facilities project that previously received State support, provided the building system to be replaced has approached or exceeded its life expectancy. The school district shall provide documentation concerning the building system's life expectancy, including, but not limited to, the original installation date or the building system manufacturer's warranty.
(h) A ROD may request on a Department-supplied form a preliminary ROD grant eligibility determination for the scope of work of a school facilities project.
(i) RODs may take one of the following actions, as applicable, for a school facilities project that has been submitted to the Department for approval or has received approval from the Department prior to the deadline established pursuant to 6A:26-18.3(a):
1. A ROD that has submitted to the Office of School Facilities an application for approval of a school facilities project but has not yet received project approval may submit an application for a section 15 grant pursuant to this subchapter in accordance with the grant deadlines set forth in this subchapter.
2. If a ROD plans to submit an application for a section 15 grant pursuant to this subchapter for a project that previously was reviewed pursuant to 6A:26-3.1 2 as an "other capital" project, the ROD shall withdraw from the Office of School Facilities the prior application and resubmit a new one.
3. If a ROD plans to submit a school facilities project for a section 15 grant pursuant to this subchapter for a school facilities project that previously was approved for State debt service aid and has accepted the preliminary eligible costs as the final eligible costs prior to the deadline established pursuant to 6A:26-18.3(a), the ROD shall withdraw from the Office of School Facilities the prior application and resubmit a new one.
4. If a ROD plans to submit a school facilities project for a section 15 grant pursuant to this subchapter for a school facilities project that previously was approved for State debt service aid but has not accepted the preliminary eligible costs as the final eligible costs prior to the deadline established pursuant to 6A:26-18.3(a), the ROD may request that the school facilities project be considered for a section 15 grant instead of State debt service aid.
5. If a school facilities project is cancelled pursuant to this subsection and an application for a section 15 grant for the project is then submitted, the school facilities project must meet the eligibility requirements and deadlines set forth in this subchapter.
6. Any submission by a ROD for a section 15 grant pursuant to this section shall include a resolution from the school board of the district requesting the cancellation of the prior application and submission of a new application for a section 15 grant for the specified school facilities project.
(j) A school facilities project or other capital project shall not be eligible for a section 15 grant pursuant to this subchapter where:
1. A construction contract has been awarded in connection with the school facilities project or other capital project; or
2. The local share for the school facilities project or other capital project has already been approved pursuant to 6A:26-3.7.
