## A 0stA I Wls7`M llu~ C pA (7 f~°'l ~~A, COMMUNITY AFFAIRS ADOPTIONS



# (a) DIVISION OF CODES AND STANDARDS Notice of Administrative Correction UniformConstruction Code Public School Facility Plan Review and Inspections ; UniformConstruction Code Enhancements in Public School Facilities N.J .A.C. 5:23-3.11A Take notice that the Department of Community Affairs discovered an error in N.J .A.C. 5:23-3 .11A . Effective July 6, 1998, the Department adopted amendments to N.J .A.C. 5:23-3 .t1A(d)6. See 30 N.J .R . 1377(a) and 2431(b) . In the published notice of proposal, the following phrase in the paragraph's first sentence, '`and other exterior exits that are required to serve 50 or more persons,' appeared omitting (but not proposing for deletion) the word "exterior ." This unintended omission was continued in the notice of adoption, and was incorporated into the Code through the 7- 6-98 Code update. While the paragraph was subsequently recodi6ed as, N.J .A.C. 5 :23-3.I IA(c)2, effective April 17, 2000 (see 31 N.J .R. 4151(a) and 32 N.J .R

. 1376(a)), the omission of "exterior" has continued in the Code. This notice of administrative correction restoring "exterior" is published pursuant to N.J .A.C. 1 :30-2 .7. Full text of the corrected rule follows (addition indicated in boldface thus) : 5:23-3.11A Public school facility plan reviewand inspections ; Uniform

Construction Code enhancements in public school facilities (a)-(b) (No change.) (c) The Department or the municipal code enforcing agency providing construction code plan release or inspection shall be responsible for enforcing the following Uniform Construction Code enhancements in public school facilities : l . (No change.) 2. Manual fire alarmboxes, in addition to requirements from Section 907.3 of the building subcode, shall be provided in the natural path of escape from fire, near each exterior door from the corridor, kitchen, heater roomand other exterior exits that are required to serve 50 or more persons. Additional fire alarmboxes shall be located in the main office, stage, at each stairway entrance froma corridor or place of assembly and near one exterior exit in each section of a place of assembly. It shall not be necessary to traverse more than 200 feet of unobstructed horizontal distance on the same floor in order to reach a fire alarmbox. 3.-4. (No change.) (d) (No change.) certification for individuals and business firms providing services on unregulated heating oil tank systems in any of the categories listed in N .J .A.C 7 :14B-16.5 will be given. All applications for the September 17, 2009 tests must be received by July 15, 2009. Pursuant to N

.J .A.C 7 :14B-16.5(a)7, an applicant for the subsurface evaluation of unregulated heating oil tank systems classification examination shall hold a bachelor's degree froman accredited institution in a natural (earth, biological, or environmental), physical or chemical science, or appropriate engineering discipline. Take further notice that the Department is providing the following one-time alternative to the aforementioned education requirement pursuant to the Site Remediat'ion and Reform Act at N .J .S.A. 58: 10C-13d and 15: An otherwise qualified applicant who does not hold a bachelor's degree froman accredited institution of higher education, but has at least 14 years of full-time professional experience investigating and remediating discharges from unregulated heating oil tank systems, of which at least five years shall have occurred in New Jersey immediately prior to submission of the application, may take the examination. The applicant shall meet all other requirements as provided in the N.J .A .C. 7 :14B-16.5. An applicant who does not satisfactorily complete the examination authorized pursuant to this subsection shall not be authorized to reapply for certification . Applications for examination can be obtained from the Department's Bureau of Exams and Licensing by calling (609)777-1013. Take further notice that the Department is also making the administrative changes to N .J .A.C . 7:14B-16.1(d), in accordance with that subsection

. Full text of the changed rule follows (addition indicated in boldface thus ; deletions indicated in brackets [thus]) : 7 :14B-16.1 Scope and applicability (a)-(c) (No change.) (d) As of [the date of publication of a notice by the Department in the New Jersey Register and on the Department's website at www .nj,gov/dep/sm that the Department has established a testing programof obtaining certification under this subchapter for individuals or business firms providing services on unregulated heating oil tanks] July 6, 2009, any individual or business firm providing services on unregulated heating oil tank systems in any of the categories listed in N.J .A.C. 7 :14B-16.3 shall meet the requirements of N.J .A.C. 7:14B-16.5. [This notice shall include a notice of administrative change amending this subsection to include the date that the notice was published.] (C) 

# ENVIRONMENTAL PROTECTION

(b) SITE REMEDIATION PROGRAM Notice of Application Date for Certification Examination ; and Notice of Intent to Implement an Alternate Education Requirement for the Subsurface Evaluator Certification Underground Storage Tank Rules, N.J .A.C. 7:14B Certification Examination for Persons Installing, Testing, Removing and Remediating Unregulated Heating Oil Tanks Notice of Administrative Changes N.J .A.C. 7:14B-16.1 Take notice that pursuant to N .J .A.C 7 :14B-16.1(d) . the Department is announcing that on September 17. 2009 an examination for obtaining 

### DIVISION OF AIR QUALITY Notice of Administrative Correction Control and Prohibition of Air Pollution fromOxides of Nitrogen Definition of "Interim Period" N.J .A.C. 7:27-19.1 Take notice that the Office of Administrative Law (OAL) has discovered an error in the definition of "interim period" at N .J .A.C. 7:27- 19.1 . The text of paragraph 2 was proposed, at 40 N .J .R. 4390(a), 4461, to,have a final clause of "but no later than 12 months after (the operative date of these amendments) ." In changing the date reference text to a date definite in the processing of the notice of adoption, the OAL inadvertently did not include "12 months after" in the asterisked brackets for deletion upon adoption, but did insert the correct date of 12 months after the operative date (May 19, 2010) . (See 41 N .J .R. 1752(a) . 1834.) Therefore, the text of paragraph 2 reading "but no later than 12 months after May 19. 2010" is being corrected to delete "12 months after." This notice of administrative correction is published pursuant to N.J .A.C . 1 :30-2 .7.

CITE 41 N.J .R

. 2648) NEW JERSEY REGISTER, MONDAY, JULY 6, 2009

## ADOPT-IONS

Full text of the corrected rule tollows (deletion indicated in brackets [thus]) :

' ' 27-19 .1 Definitions The following words and terms. when used in this subehapter . shall have the following meanings, unless the context clearl% utdicates otherwise.

. ' "Interim period" means the period of time beginning on l9a~ 3 1 . 1995. and ending when phased compliance under N .1 .A .C. , :2'-19.21 or 19.23 is to be completed. or the period of' time tin pha.ed compliance under '\ .J .A.C. 7:27-19.22 a, indicated by 2 below . as applicable. 1 . (No change.) 2. For purposes of phased compliance for reasuns of practicability pursuant to N.J .A.C 7 :27-19.22, the interim period begins on May 19. _'009 and ends on the date when an owner or operator is to attain full compliance with this subchapter, but no later than [12 months after] May 19 . 20 10. 

# HIGHER EDUCATION

(a) HIGHER EDUCATION STUDENT ASSISTANCE AUTHORITY Grant and Scholarship Programs New Jersey Student Tuition Assistance Reward Scholarship (NJ STARS) Programand New Jersey Student Tuition Assistance Reward Scholarship II (NJ STARS II) Program Adopted Amendments : N.J .A.C. 9A:9-10.6,10.9, 10.11,11 .1,11 .2,11 .4,11 .5,11 .7and11 .8 Adopted Repeals : N.J .A.C. 9A:9-10.3,10.4 and 10.5 Adopted New

Rule: N.J .A.C. 9A:9-10.2 Proposed: March 16

. 2009 at 41 N.J .R. I 139(a)

. Adopted: May 20. 2009 by the Higher Education Student Assistance Authority, Maria 1 . Torres. Chairperson

. Filed : June 8

. 2009 as R .2009 d .216, without change. Authority: N.J .S .A. 18A:71 A-1 et seq. . 18A:71 E3-86 ttrtd 18,V71 B86.6 and P.L. 2008. c. 124. Effective Date: July 6, 2009. Expiration Date: August 7. 2012. Summary qf Puhlic Comment and Agenc_v Response No comments were received .

Federal Standards Statement A Federal standards analysis i . not required since the adopted amendments and newrules are not sabiect to any Federal requirements or ;tandards. Full text of the adoption follows : SI ;BCHAPTFR Itl . NEW .iERSFY .STCIDENT TUITION ASSISTANCE REWARD SCHOLARSHIP lN .J ST y RS) PRT)GRANI 9.-1 :9-10.2 Definitions The following words and terms. xNhcn used in thi, suhchapter . shall have the following meanings . unless tilt! context cleark indicates utherv%i,e: - "Appru\ed fees" means Lzeneral tees_ student serviceiactivit_~ tees : lechnology, fees: and required course ;equipment fees . `,luthoritv"" means the Higher Educanon Student Assistance ALIthOrih ~~stablished pursuant to N.J .S .a . I SA :71 A-3. HIGHER EDUCATION -Fli_ible high school"* means a public or 11011-pubhc high school locatcd~ in the '-,late. or other high schools as may be deemed by the authority to have a rigorous course Of study . "Eligible institution" means a NewJersey county college serving the student's count` of residence pursuant to N..I .S.A. 18 .a :6TA-1 et seq.. except as otherwise indicated in N.J .A.C 9,a :9-10.8. "Full-time enrollment" in any sentester. including summer . means a course ofstudy leading to a degree fromthe county college ofenrollment, that includes .it least 12 credit hours. not including any credit hours in a remedial or developmental curriculum . Full-time enrollment for a summer semester consists oti the total number of credits taken during all sessions in that summer . --NJ STARS -scholar'* means a student "ho received a scholarship under the tiew .lerseN .Student Tuition Assistance Reward Scholarship (NJ STARS) Program, established pursuant to P.L. 2004. c 59, or was eligible fur but did not receive a scholarship under NJ STARS because the student',, tuition was fully covered by other State and Federal need based grants or merit scholarships . **Program" or -NJ STARS` means the NewJersey Student Tuition Assistance Reward Scholarship (NJ STARS) Program established pursuant to P.L 2004. c. 59. "Rigorous high -school course ofstudy" means a course of study that is in accordance with the standards established by the Commission on Higher Education in consultation vNith the Commissioner of Education . 9A:9-10.3 (No change in text.) 9A:9-10.4 Eligibility requirements (a) A student shall be eligible for a scholarship under the NJ STARS Program for up to five semesters, including summers. This period of eligibility also includes any semester for uhich a student qualifies for the ,chularship but does not receive payment pursuant to N. .f .A.C. 9A:9-10.7. In order to qualify for this scholarship, a student must meet the following eligibility requirements : I . A student must have completed a ri-oruus high school course of study and graduated from high school in 200-4 or later, and must enroll in a full-time course of study at a New ,Jersey county college by the fifth semester after high school graduation; 2. Upon notice from the Authority of conditional eligibility for the Program . a student shall take a college placement test selected bN the New.Jersey C ottncil of County Colleges and administered by the county colleae in the county of' the student"s school district at no cost to the ,tttdent or the school district . The county colleges may enter into an agreement with ,he school district to administer the test at the high school or Other selected site within the district . i . The ruunt~ college shall notifj- any student who does not achieve the required score on the placement test that the student requires remediation prior to becoming an NJ .STARS scholar . The student has the respotisihility to address the identified deficiencies through such means as the student determines, including enrollment in remedial classes at the county college during the senior year of high school . ii . A Student shall have one year from September I following high school eraduation to demonstrate the skill levels required to pursue courses 1'or credit at a county college

. The student shall become an NJ STAR scholar eligible fur five semesters of NJ STARS scholarships if during or at the end of the one-year period the student demonstrates the required ability, A student loses eligibility to become an NJ STARS Scholar it the student continues to require remediation at the end of the one-} ear period: 3. For the first year of enrollment. a student must have graduated in the top 15.0 percent of the student' :, high school graduating class and at the time of graduation must have met . and continue to meet, all residency and citizenship requirements set forth in N.J . VC . 9A:9-2 .2 and 2.3: -! . After the first ~ear of enrollment. the scholarship shall continue to be pa~able to an eliaible student if the student has attained a cumulative grade point aNera~e (GPA) of at least 3.0 (on a =f .0 scale) at the start of the student's .econd \ear of count\ college enrollment . i . If an N.1 STARS recipient ha ; less th,in a 3 .0 GPA at the start of the Iccond semest~r of the first \eer of cnunt\ college enrollment . the Student ,,hall participate in an enrichment programdesigned by the county college NEA1 .IERSEN REGISTER, yIOND.al . .lt L1 6, 2001) (CITF 41 N .,I .R . 26-t9)

# 4-Om "-'(5 (0- t ENVIRONMENTAL PROTECTION 

# /uL

7:11-4.4 Debt service cost component (a) The debt service costs component is based upon the amount to be included for debt service costs with respect to each annual payment period or portion thereof, and will be that amount accruing in the bond year (starting on August 1 of each calendar year and ending on the next following July 31) or corresponding portion thereof, commencing during the fiscal year (starting on July 1 of each calendar year and ending on the next following June 30) within which such annual payment period or portion thereof falls. The debt service costs include the aggregate amounts payable during the specified period for: 1 .-3 . (No change.) 4. Any amounts payable into any debt service reserve fund established for any Authority bonds. (b) The following Debt Service rates based on a sales base of 16.125 million gallons per day, apply to all initial water purchase contract customers, and all delayed water purchase contract customers, who fully satisfied their contractual delayed water purchase surcharge obligations at the commencement of their contract terms: Rate/Million Gallons

Period (Coverage 120 percent) 7/1/2009 to 6/30/2010 $568 .26 (c) A delayed water purchase surcharge will be assessed to all water purchasers who entered into a water purchase contract for an uninterruptible service commencing subsequent to the system operation date (delayed water purchase contract) . This includes a purchaser under an initial water purchase contract, which provides for an increase in the amount of uninterruptible service effective subsequent to the system operation date. 1 . The following debt service rate based on a sales base of 4.435 million gallons per day, applies to the delayed water purchase contracts commencing July 1, 2001, October 1, 2002, and January 1, 2005 in lieu of the debt service rate set forth in (b) above. Rate/Million Gallons Period (Coverage 120 percent) 7/1/2009 to 6/30/2010 $763.24 (d) (No change.) a :11-4.5 Source water protection fund component (a) (No change.) (b) The source water protection fund component is as follows:

Period Rate/Million Gallons 7/1/2009 to 6/30/2010 $15.00 7:11-4.7 Uninterruptible service (a) The rates, charges and debt service assessments per mg ofwater set forth in the rate schedule for uninterruptible service under initial water purchase contracts for the fiscal year are based upon: 1 . (No change.) (b)-(d) (No change.) 7:11-4.11 Standby service (a) The rates for standby service shall consist of : 1 . A standby charge established in N .J .A .C. 7 :11-4.12 for each month during which standby service is available equal to the capacity, in mgd, of the purchaser's withdrawal facilities to be served by such standby service multiplied by the rate per mg for uninterruptible service set forth in N .J .A .C. 7 :11-4

.3, 4.4 and 4.5 ; and 2. A charge for water actually consumed in any month at the rate per mg of water established by the rates for short-termservice as set forth in N.J .A.C . 7:11-4.10 at the time of such consumption, minus the standby charge for such month. (b)-(c) (No change.) 

# .. r ( C) /~-°' -- ADOPTIONS 7:11-4.12 Standby charge A purchaser classified under standby service shall pay a monthly minimum charge based on the capacity of the purchaser's withdrawal system as specified below . Said purchaser shall also pay for all water withdrawn during the month in excess of such monthly standby charge based on charges as set forth under N .J .A .C. 7:11-4

.3, 4.4 and 4

.5. Maximum

withdrawal caoacity Charge per month Each 1 MGD (700 GPM) or *[$401 .001* *$396.79* plus fraction thereof

. annual debt service cost

component rate established in N .J .A.C. 7:11-4.4(b) plus the Source Water Protection Fund component established in N.J .A.C. 7:11-4.5 . 7 :11-4.14 Late payment interest charge All amounts not paid when due shall be subject to a late payment charge at two percent above the prime rate of the bank holding short-term deposits of the Authority, prevailing on the due date, but not to exceed 18 percent per annum, from the date when due until paid. 7:11-4.16 Procedures for rate adjustments (a) Prior to amending the schedule of rates, charges and debt service assessments established by this subchapter, the Authority shall : 1 .-3. (No change.) 4. Schedule a meeting with the purchasers, the Department of the Treasury, Division of the Ratepayer Advocate and the Board of Public Utilities and other interested persons within 45 days after sending them notice of the proposed amendments to the rate schedule regarding the proposed amendments: i . At the meeting, the purchasers, the Department of the Treasury, Division of the Ratepayer Advocate; the Board of Public Utilities and other interested persons will be invited to submit written questions which will be put into the hearing record and which will be answered by the Authority at the public hearing; ii . (No change.) 5 .-6. (No change.) 7. Permit, within 10 working days after receipt of the answer, contractual water purchasers, the Department of the Treasury, Division of the Ratepayer Advocate, the Board of Public Utilities and attendees to respond in writing to the answers of the staff for the record; 8.-9 . (No change.) (b) (No change.) 

# (a) DIVISION OF AIR QUALITY Notice of Administrative Correction Air Pollution Control Control and Prohibition of Air Pollution fromOxides of Nitrogen 2009 HEDD Emission Reduction Compliance Demonstration Protocol N.J .A .C. 7 :27-19.29 Take notice that the Department of Environmental Protection discovered an error in N .J .A .C. 7:27-19.29(b)2 as amended effective April 20, 2009, operative May 19, 2009 (see 40 N.J .R . 4390(a) and 41 N.J .R . 1752(a)) . As explained in the sixth paragraph Response to Comment 49 in the notice of adoption (41 N.J .R . 1763), the proposed deadline for the submission of the 2009 HEDD Emission Reduction Compliance Demonstration Protocol of "30 days after the operative date of this rule" was changed upon adoption to be the amendment's operative date (that is, May 19, 2009) . Due to an error in the processing for publication of the notice of adoption by the Office of Administrative (CITE 41 N

.J .R . 2470) NEW JERSEY REGISTER, MONDAY, JUNE 15, 2009ADOPTIONS

Law, the date 30 days after the operative date (June 18, 2009) rather than the operative date was inserted into the paragraph upon adoption. Through this notice of administrative correction, published pursuant to N.J .A.C. 1 :30-2.7, the erroneous date is corrected to the operative date. Full text of the corrected rule follows (addition indicated in boldface thus; deletion indicated in brackets [thus]) : 7:27-19.29 2009 HEDD Emission Reduction Compliance

Demonstration Protocol (a) (No change.) (b) Each owner or operator identified in (a) above shall : 1 . (No change.) 2. Submit to the Department, at the address at (b)5 below, by [June 18,] May 19, 2009, a 2009 Protocol ; 3 .-5 . (No change.) (c)-(k) (No change.) 

# HIGHER EDUCATION

(a) EDUCATIONAL OPPORTUNITY FUND Administrative Procedures and Policies Readoption with Amendments: N.J .A.C. 9A:11 Adopted Recodification: N.J .A.C. 9A:11-2.3 as 2.4 Proposed: November 3, 2008 at 40 N .J .R . 6365(a) . Adopted: April 30, 2009 by the Educational Opportunity Fund Board of Directors, Geraldine Reed-Brown, InterimChairperson . Filed : May 13, 2009 as R

.2009 d.187, without change. Authority: N

.J.S.A . 18A :71-28 et seq. and 18A:71-33 through 36. Effective Date: May 13, 2009, Readoption;

June 15, 2009, Amendments and Recodification . Expiration Date: May 13, 2014. 

### Summary of Public Comment and Agency Response: COMMENT: Jeanpublic(cr~yahoo .comindicated that the Fund needs to "make sure that illegal immigrants are not eligible for American tax dollars ." RESPONSE: No changes were made in the rules as a result of this comment . One of the eligibility requirements for participation in the New Jersey Educational Opportunity Fund (EOF) is that a noncitizen of the United States or a resident alien must present affirmative evidence that he or she is not in the United States for the temporary purpose of obtaining an education. The NewJersey Commission on Higher Education/EOF Programrecognizes that the State of New Jersey resources dedicated to higher education are finite and makes every effort to insure that they are being utilized to meet the needs of students who legitimately meet the eligibility criteria. Federal Standards Statement The rules readopted with amendments and recodification are not subject to a Federal standards analysis under Executive Order No. 27 (1994) and N.J.S.A. 52:4B-22 et seq. because EOF was established bv New Jersey legislation, is wholly supported by State appropriations, and is not subject to any Federal requirement or standards . Full text of the readopted rules can be found in the New" Jersey Administrative Code at N .J .A.C. 9A

:11 . Full text of the adopted amendments follows: SUBCHAPTER 1 . AUTHORITY, MISSIONAND SCOPE 9A:11-1 .2 De$nitions The following words and terms, as used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Ability to benefit" means the provisions under which a student who has neither a high school diploma nor its recognized equivalent may HIGHER EDUCATION become eligible to receive Federal Title IV, Higher Education Assistance funds and the procedures and conditions under which the Federal Secretary of Education determines that a state or institutional process demonstrates that students pursuing that course of action will benefit from the education and training being offered them . "Allocation" means the distribution of the annual appropriation to support campus programs and student grants approved by the EOF Board of Directors in the following funding categories: Summer Article III undergraduate, Summer Article III graduate, Summer Article IV, Academic Year Article III undergraduate, Academic Year Article in graduate, Academic Year Article IV any special project funding during the summer or academic year from either Article III or Article IV, Ferguson and King Scholarships. "Article III" means a NewJersey Educational Opportunity Fund undergraduate or graduate student financial aid grant awarded to an eligible student for the academic year or summer session, or funds used to support the summer program . It is also referred to as Opportunity Grants

. "Article IV" means a NewJersey Educational Opportunity Fund academic year or summer grant allocated to a participating NewJersey college or university to provide program support services to EOF-eligible students. It is also referred to as Supplemental Opportunity Grants . "EOF equity index" means the ratio of the EOF cohort graduation rate to the overall institutional cohort graduation rate. "EOF transfer student" means an undergraduate student who received an initial Article III student grant while earning their associate degree and wishes to pursue a baccalaureate degree at a New Jersey institution that participates in the EOF program, or a student who received an initial Article III student grant and wishes to complete their degree at a New Jersey institution other than the one where they received their initial Article III student grant . "Federal poverty guidelines" means the family poverty thresholds established annually by the United States Department of Health and Human Services . "Historical poverty code" means the code assigned to the six criteria students can use to demonstrate a history of poverty, that must be entered into the New Jersey student grant payment system to process an institution's request for an initial academic year Article III undergraduate EOF student grant . "Senior institution" means a baccalaureate (or higher) degree-granting college or university. 9A:11-1 .3 EOF mission statement The NewJersey Educational Opportunity Fund contributes to the development of a college-educated public that reflects the diversity of New Jersey. In partnership with New Jersey colleges and universities, the Fund provides access to higher education and support for highly motivated students who exhibit the potential for success, but who come fromfamilies/communities disadvantaged by lowincome and the lack of access to the quality educational preparation necessary to attend college. Through its partnership with participating institutions of higher education, the Fund seeks to maximize educational opportunities for EOF students by providing direct program services designed to promote persistence through degree completion . Accordingly, EOF -supports innovative educational initiatives, supplemental instruction, support services, academic and educational advisement, and leadership development activities to improve the student's chance of academic success. In concert with other sources of student financial assistance, the Fund also attempts to make college affordable for those students who find the costs of higher education an impediment to access and student persistence. 9A:11-1 .4 Scope (a) The rules in this chapter govern the awarding of Article III undergraduate EOF grants to students for study leading to approved certificates, associate degrees, and/or baccalaureate degrees, and the NEW JERSEY REGISTER, MONDAY, JUNE 15, 2009 (CITE 41 N .J .R 2471)