reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-21 - Annual report and audit

18A:72A-21. Annual report and audit
On or before March 31 in each year, the authority shall make an annual report of its activities for the preceding calendar year to the governor and the legislature. Each such report shall set forth a complete operating and financial statement covering the authority's operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-22 - Contracts of property; conflicts of interest

18A:72A-22. Contracts of property; conflicts of interest
Except as otherwise expressly provided in this chapter, any member, officer, agent or employee of the authority who is interested, either directly or indirectly, in any contract of another with the authority, or in the sale of any property, either real or personal, to the authority, shall be guilty of a misdemeanor.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-23 - Comptroller of treasury; powers of examination

18A:72A-23. Comptroller of treasury; powers of examination
The comptroller of the treasury and his legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts and books of the authority, including its receipts, disbursements, contracts, sinking funds, investments and any other matters relating to its financial standing.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-24 - Visitorial powers; Governor

18A:72A-24. Visitorial powers; Governor
18A:72A-24. The Governor may visit, examine into and inspect, the authority as an institution under the educational supervision of the State, and may require, as often as desired, duly verified reports therefrom giving such information and in such form as the Governor shall prescribe.
L.1967, c.271; amended 1994,c.48,s.237.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-25 - Services of state departments or agencies

18A:72A-25. Services of state departments or agencies
The authority shall be entitled to call to its assistance and avail itself of the services of such employees of any state department or agency as it may require and as may be available to it for said purpose.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-27 - Additional powers of boards of governors, trustees.

18A:72A-27 Additional powers of boards of governors, trustees.
18A:72A-27. In addition thereto the board of governors of the university and the board of trustees of each of said colleges including county colleges shall have the following powers and shall be subject to the following duties as to its lands and dormitories:
a. The power to pledge and assign all or any part of the revenues derived from the operation of such new dormitories as security for the payment of rentals due and to become due under any lease or sublease of such new dormitories under subsection c. of the preceding section.
b. The power to covenant and agree in any lease or sublease of such new dormitories made under subsection c. of the preceding section to impose fees, rentals or other charges for the use and occupancy or other operation of such new dormitories in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
c. The power to apply all or any part of the revenues derived from the operation of any dormitories to the payment of rentals due and to become due under any lease or sublease made under subsection c. of the preceding section.
d. The power to pledge and assign all or any part of the revenues derived from the operation of any dormitories to the payment of rentals due and to become due under any lease or sublease made under subsection c. of the preceding section.
e. The power to covenant and agree in any lease or sublease made under subsection c. of the preceding section to impose fees, rentals or other charges for the use and occupancy or other operation of any dormitories in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
f. The power to indemnify the authority from any liability for loss or damage to any person or property of others resulting from any project financed or to be financed by the authority for the benefit of the college.
L.1967, c.271; amended 1971, c.77, s.2; 1999, c.217, s.13.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-27.1 - Powers and duties, revenue producing facilities.

18A:72A-27.1 Powers and duties, revenue producing facilities.
18A:72A-27.1. In addition to the powers and duties with respect to dormitories given under N.J.S.18A:72A-26 and N.J.S.18A:72A-27 the treasurer, the board of governors of the university, the board of trustees of the New Jersey Institute of Technology, the board of trustees of a State college, the board of trustees of Rowan University, the board of trustees of Montclair State University, the board of trustees of Kean University, the board of trustees of a county college, and the governing body of an affiliate of a public institution of higher education shall also have the same power and be subject to the same duties in relation to any conveyance, lease or sublease made under subsection a., b., or c. of N.J.S.18A:72A-26 or loan agreement under subsection e. of N.J.S.18A:72A-26, with respect to revenue-producing facilities; that is to say, structures or facilities which produce revenues sufficient to pay the rentals due and to become due under any lease or sublease made under subsection c. of N.J.S.18A:72A-26 or loan payments due and to become due under any loan agreement made under subsection e. of N.J.S.18A:72A-26 including, without limitation, student unions and parking facilities.
amended 1971, c.74; 1971, c.77, s.3; 1994, c.48, s.239; 2012, c.45, s.105; 2017, c.178, s.62; 2021, c.282, s.64; 2021, c.415, s.10.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-27.2 - Powers of board of trustees

18A:72A-27.2. Powers of board of trustees
1. In addition to the powers and duties with respect to dormitories and revenue-producing facilities given under the provisions of this chapter, the board of trustees of a State college shall have the following powers with respect to any educational facility, as defined in N.J.S. 18A:72A-3:
a. To enter into any conveyance, lease, sublease, or loan agreement of the type provided for in N.J.S. 18A:72A-26, N.J.S.18A:72A-27, and N.J.S.18A:72A-27.1 with the authority, with respect to the acquisition, construction and financing of any educational facility;
b. To enter into any other agreement with the authority, with respect to the acquisition, construction or financing of an educational facility according to terms and conditions which the authority and the board of trustees shall determine in accordance with the powers of the authority;
c. To pledge and assign all or any part of any funds appropriated to the State college and available for the purposes provided in subsections a. and b. of this section or any other available moneys of the State college to the payment of any amount due and owing under any agreement made under subsections a. and b. of this section if that agreement expressly states that the payment of any and all amounts due and owing thereunder shall, to the extent the funds shall be derived from appropriations, depend on appropriations being made by the Legislature.
L.1988, c.159, s.1; amended 2021, c.415, s.11.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-27.3 - Submission of proposed projects to the Legislature.

18A:72A-27.3 Submission of proposed projects to the Legislature.
2. The board of trustees of the public institution of higher education shall submit a copy of a resolution approving any non-revenue-producing facility project to the President of the Senate and the Speaker of the General Assembly and shall submit informational copies of the proposal to the members of the Senate Budget and Appropriations Committee and the Assembly Appropriations Committee and to the Secretary of Higher Education. The submission shall include all appropriate supporting information including, but not limited to, a description of the project, its impact, cost and construction schedule, and a detailed explanation of the sources of revenue which will be dedicated to the financing of the project. If the Legislature does not disapprove the proposal by the adoption of a concurrent resolution within 45 days, the proposal shall be deemed to be approved.
L.1988,c.159,s.2; amended 1994, c.48, s.240; 1999, c.46, s.49; 1999, c.217, s.14; 2021, c.415, s.12.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-28 - Approval of plans, specifications and locations

18A:72A-28. Approval of plans, specifications and locations
The board of governors of the university or the board of trustees of the Newark College of Engineering or the board of trustees of a State college or the board of trustees of a county college shall approve the plans and specifications and location of each dormitory undertaken for it or under its control, prior to the undertaking thereof by the authority.
L.1967, c.271; amended by L.1971, c. 77, s. 4, eff. April 5, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-29 - Lands, assets titled in name of State.

18A:72A-29 Lands, assets titled in name of State.
18A:72A-29. All lands and other assets real or personal presently titled in the name of the State Board of Higher Education or the State Department of Higher Education, which are occupied by a public institution of higher education shall be titled in the name of the State of New Jersey only. All conveyances, leases and subleases, pursuant to this chapter shall be made, executed and delivered in the name of the State and shall be signed by the State Treasurer and sealed with the seal of the State.
To the extent not otherwise expressly provided under existing law, all powers and duties conferred upon the university or an affiliate pursuant to this chapter shall be exercised and performed by resolution of its governing board and all powers and duties conferred upon any of said colleges pursuant to this chapter shall be exercised and performed by resolution of its board of trustees.
All conveyances, leases and subleases made pursuant to this chapter, when duly authorized by the university, shall be made, executed and delivered in the name of the university and shall be signed by its president or a vice president and sealed with the seal of the university and all conveyances, leases and subleases made pursuant to this chapter, when duly authorized by any of said colleges, shall be made, executed and delivered in the name of the college and shall be signed by the president or a vice president and sealed with the seal of the college.
L.1967, c.271; amended 1994, c.48, s.241; 1999, c.46, s.50; 2021, c.415, s.13.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-31 - Construction loans; terms

18A:72A-31. Construction loans; terms
18A:72A-31. The authority also shall have power:
(a) to make loans to any participating institution for the construction or acquisition of projects in accordance with a loan agreement and plans and specifications, as appropriate, approved by the authority. No such loan shall exceed the total cost of such project and the equipment therefor as determined by the authority. Each such loan shall be premised upon an agreement between the authority and the participating institution as to payment, security, maturity, redemption, interest and other appropriate matters.
(b) to make loans to any participating institution to refund existing bonds, mortgages or advances given or made by such participating institution for the construction of projects to the extent that this will enable such participating institution to offer greater security for loans for new project construction or acquisition.
L.1967, c.271; amended 2021, c.415, s.15.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-32 - Power of private colleges to mortgage

18A:72A-32. Power of private colleges to mortgage
18A:72A-32. For the purpose of obtaining and securing loans under N.J.S.18A:72A-31 every participating institution shall, notwithstanding the provisions of any other law, have power to mortgage and pledge any of its real or personal property, and to pledge any of its income from whatever source to repay the principal of and interest on any loan made to it by the authority or to pay the interest on and principal and redemption premium, if any, of any note, bond or other evidence of indebtedness evidencing the debt created by any such loan; provided that the foregoing shall not be construed to authorize actions in conflict with specific legislation, trusts, endowment, or other agreements relating to specific properties or funds.
L.1967, c.271; amended 2021, c.415, s.16.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-33 - Moneys; separate account

18A:72A-33. Moneys; separate account
Moneys of the authority received from any private college in payment of any sum due to the authority pursuant to the terms of any loan or other agreement or any bond, note or other evidence of indebtedness, shall be deposited in an account in which only moneys received from private colleges shall be deposited and shall be kept separate and apart from and not commingled with any other moneys of the authority. Moneys deposited in such account shall be paid out on checks signed by the chairman of the authority or by such other person or persons as the authority may authorize.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-34 - Authority; construction, operation and management

18A:72A-34. Authority; construction, operation and management
(a) Whenever the authority under section 18A:72A-30 undertakes to construct, acquire or otherwise provide and operate and manage a project, the authority shall be responsible for the direct operation and maintenance costs of such project, but each private college in connection with which such a project is provided and operated and managed shall be responsible at its own expense for the overall supervision of each project, for the overhead and general administrative costs of the private college which are incurred because of such project and for the integration of each project operation into the institution's educational program.
(b) Whenever the authority under section 18A:72A-30 undertakes to construct, acquire or otherwise provide a project and to lease the same to a private college, the lessee shall be responsible for the direct operation and maintenance costs of such project and, in addition, shall be responsible for the overall supervision of each project, for the overhead and general administrative costs of the lessee which are incurred because of such project and for the integration of each project operation into the lessee's educational program.
(c) Whenever the authority under section 18A:72A-31 makes loans for the construction of a project, the private college at which such project is located shall be responsible for the direct operation and maintenance costs of such project and, in addition, shall be responsible for the overall supervision of each project, for the overhead and general administrative costs of the private college which are incurred because of such project and for the integration of each project operation into the institution's educational program.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-35 - Private colleges; pledges

18A:72A-35. Private colleges; pledges
Any pledge of moneys, earnings, income or revenues authorized with respect to private colleges, pursuant to the provisions of this chapter, shall be valid and binding from the time when the pledge is made. The moneys, earnings, income or revenues so pledged and thereafter received by the pledgor shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the pledgor irrespective of whether such parties have notice thereof. No instrument by which such a pledge is created need be filed or recorded in any manner.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-38 - Powers supplemental and not derogatory

18A:72A-38. Powers supplemental and not derogatory
The foregoing sections of this chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing; provided, however, that the issuance of bonds or refunding bonds under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-39 - Inconsistent laws inapplicable

18A:72A-39. Inconsistent laws inapplicable
The powers granted to the authority by this chapter may be exercised without regard or reference to any department or agency of the state. All other general or special laws, or parts thereof, inconsistent with this chapter are hereby declared to be inapplicable to the provisions of this chapter.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-41 - Findings, declarations.

18A:72A-41 Findings, declarations.
2. The Legislature finds and declares that:
a. Higher education plays a vital role in the economic development of the nation and the State by providing the education and training of the work force of the future and by advancing science and technology through research;
b. The rapid technological changes occurring throughout the world have a considerable impact on the quality of teaching, learning, and research at colleges and universities;
c. The current inventory of instructional and research equipment at the colleges and universities within the State is aging, both chronologically and technologically, and much of it has been rendered obsolete; and
d. The Secretary of Higher Education, who is statutorily responsible for the coordination and planning of higher education in New Jersey, has identified a crucial need to establish a regular financing mechanism for scientific, engineering, technical, computer, communications, and instructional equipment at New Jersey's public and private institutions of higher education.
L.1993, c.136, s.2; amended 2009, c.308, s.32; 2012, c.42, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-43 - Allocation of moneys.

18A:72A-43 Allocation of moneys.
6. The moneys deposited into the fund created pursuant to section 5 of P.L.1993, c.136 (C.18A:72A-42) shall be allocated in the following manner:
a. A minimum of $24,000,000 for the leasing of higher education equipment at the State colleges;
b. A minimum of $19,440,000 for the leasing of higher education equipment at Rutgers, The State University;
c. A minimum of $10,080,000 for the leasing of higher education equipment at the University of Medicine and Dentistry of New Jersey;
d. A minimum of $6,480,000 for the leasing of higher education equipment at the New Jersey Institute of Technology;
e. A minimum of $22,000,000 for the leasing of higher education equipment at the county colleges;
f. A minimum of $10,500,000 for the leasing of higher education equipment at private institutions of higher education; and
g. A minimum of $7,500,000 for the leasing of higher education equipment for emerging needs programs at public and private institutions of higher education.
The Secretary of Higher Education may apportion the amounts authorized in subsection g. among any other amounts authorized in subsections a. through f.
The Secretary of Higher Education may reallocate any balance in the amounts authorized in subsections a. through g. of this section which have not been fully committed within 18 months of the effective date of this act.
The Secretary of Higher Education shall determine the allocation of moneys deposited into the fund resulting from the issuance by the authority of new bonds because of the retirement of bonds previously issued by the authority.
L.1993, c.136, s.6; amended 2009, c.308, s.34; 2012, c.42, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-44 - Lease agreements to finance acquisition of higher education equipment

18A:72A-44. Lease agreements to finance acquisition of higher education equipment
7. The authority may enter into a lease agreement with a public or private institution of higher education to finance the acquisition of higher education equipment by the institution and which provides for the lease of the equipment by the authority to the institution. The higher education equipment shall have a useful life equal to or greater than the term of the bonds issued to finance the purchase of the equipment. During the period of the lease, the authority shall hold title to the equipment. At such time as the liabilities of the authority incurred for the purchase of the higher education equipment have been met and the bonds of the authority issued therefor have been paid, or such liabilities and bonds have otherwise been discharged, the authority shall transfer title to the higher education equipment to the institution to which the equipment is leased. However, if at any time prior thereto the institution ceases to operate, then title shall vest in the authority.
L.1993,c.136,s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-45 - Approval for lease agreements.

18A:72A-45 Approval for lease agreements.
8. The authority shall not enter into a lease agreement with an institution of higher education unless the Secretary of Higher Education has approved the purchase of the higher education equipment by the institution. The secretary shall provide a written certification of such approval including the amount approved to the authority.
L.1993, c.136, s.8; amended 2009, c.308, s.35; 2012, c.42, s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-45.1 - JBOC approval required for lease agreement.

18A:72A-45.1 JBOC approval required for lease agreement.
23. The authority shall not enter into a lease agreement with an institution of higher education without the review and approval of the Joint Budget Oversight Committee. The Joint Budget Oversight Committee shall approve or disapprove each lease agreement within 10 working days of receipt of the lease information or the lease agreement shall be deemed approved.
L.2012, c.42, s.23.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-46 - Amount retained by State to satisfy deficiency

18A:72A-46. Amount retained by State to satisfy deficiency
9. a. To assure the continued operation and solvency of the leasing fund program, the authority shall require that if an institution of higher education fails or is unable to pay to the authority in full, when due, any obligation of the institution to the authority, an amount sufficient to satisfy the deficiency shall be retained by the State Treasurer from State aid or an appropriation payable to the institution. As used in this section, obligation of the institution means any amount payable by the institution for equipment leasing pursuant to a lease agreement with the authority.
b. The amount retained by the State Treasurer shall be deducted from the corresponding appropriation or apportionment of State aid payable to the institution of higher education and shall not obligate the State to make, nor entitle the institution to receive, any additional appropriation or apportionment.
L.1993,c.136,s.9.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-47 - Annual report.

18A:72A-47 Annual report.
10. The Secretary of Higher Education shall annually submit a report to the Governor and the Legislature on the higher education equipment purchases at public and private institutions of higher education which have been approved by the secretary and financed by the New Jersey Educational Facilities Authority pursuant to lease agreements with the institutions.
L.1993, c.136, s.10; amended 2009, c.308, s.36; 2012, c.42, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-48 - Rules, regulations.

18A:72A-48 Rules, regulations.
11. The Secretary of Higher Education, in consultation with the New Jersey Educational Facilities Authority, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.
L.1993, c.136, s.11; amended 2009, c.308, s.37; 2012, c.42, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-50 - Findings, declarations

18A:72A-50. Findings, declarations
2. The Legislature finds and declares that:
a. Higher education plays a vital role in the economic development of the nation and of the State by providing the education and training of the work force of the future and by advancing science and technology through research.
b. New Jersey has an intense concentration of high technology industries and research facilities and is the headquarters of some of the world's most productive corporations. In the last decade of the 20th century, it has become obvious that New Jersey's institutions of higher education will have to change and improve their educational and research facilities in order not only to prepare students to fill existing jobs in a highly technical world, but also to create new jobs as well.
c. In order for New Jersey students and businesses to be competitive with their international peers, the public and private sectors must continually take steps to enhance the technology and research facilities at our colleges and universities. To do otherwise would result in the failure of New Jersey businesses to remain competitive, a decrease in the number of jobs available to New Jersey workers, a decline in State and personal income, and the loss of potential students to other, more technologically advanced institutions in other states.
d. If New Jersey is to maintain the expansion of its economic development and continue to provide an adequately trained work force to retain and attract industry to the State, New Jersey's public and private institutions of higher education must be strengthened to provide services to meet the needs of the 21st century.
e. In order to protect the State's economy and preserve and enhance our higher education system in today's global and technological society, there is a crucial need to identify an ongoing funding source to construct, expand, and update instructional, laboratory, communication, and research facilities at New Jersey's public and private institutions of higher education.
L.1993,c.375,s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-51 - "Higher Education Facilities Trust Fund."

18A:72A-51 "Higher Education Facilities Trust Fund."
3. There is created within the New Jersey Educational Facilities Authority, established pursuant to N.J.S.18A:72A-1 et seq., the "Higher Education Facilities Trust Fund," hereinafter referred to as the "trust fund." The trust fund shall be maintained as a separate account and administered by the authority to carry out the provisions of this act. The trust fund shall consist of:
a. moneys received from the issuance of bonds or notes pursuant to section 9 of P.L.1993, c.375 (C.18A:72A-57) and an annual appropriation in an amount sufficient to pay the principal and interest on the bonds or notes;
b. all moneys appropriated by the State for the purposes of the trust fund; and
c. all interest and investment earnings received on moneys in the trust fund.
L.1993, c.375, s.3; amended 2017, c.98, s.21.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-52 - Use of trust fund

18A:72A-52. Use of trust fund
4. The trust fund shall be used to provide grants to New Jersey's public and private institutions of higher education for the cost, or a portion of the cost, of the construction, reconstruction, development, extension, and improvement of instructional, laboratory, communication, and research facilities.
L.1993,c.375,s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-53 - Allocation of initial grants.

18A:72A-53 Allocation of initial grants.
5. The initial grants from the trust fund shall be allocated as follows:
a. $48,000,000 for facilities at the State Colleges;
b. $38,880,000 for facilities at Rutgers, The State University;
c. $20,160,000 for facilities at the University of Medicine and Dentistry of New Jersey;
d. $12,960,000 for facilities at the New Jersey Institute of Technology;
e. $44,000,000 for facilities at the county colleges;
f. $21,000,000 for facilities at the private institutions of higher education;
g. $15,000,000 for South Jersey multi-institutional economic development facilities. As used in this section, "South Jersey multi-institutional economic development facilities" means facilities which would promote economic development in the eight southernmost counties of the State and which involve more than one public or private institution of higher education; and
h. $20,000,000 for a new facility for Rutgers, The State University, School of Law, Newark.
The amount authorized in subsection g. may be apportioned among any other amounts authorized in subsections a. through f. of this section.
The Secretary of Higher Education may reallocate any balance in an amount authorized in subsections a. through h. of this section which has not been approved by the secretary for a grant within 18 months of the effective date of this act.
The Secretary of Higher Education shall determine the allocation of moneys deposited into the trust fund resulting from the issuance by the authority of new bonds because of the retirement of bonds previously issued by the authority.
The facilities funded by grants from the trust fund shall follow the principles of affirmative action and equal opportunity employment. In furtherance of these principles, the Secretary of Higher Education shall continue the policy of encouraging institutions to solicit bids from, and award contracts to, minority and women-owned businesses.
L.1993, c.375, s.5; amended 2009, c.308, s.38; 2012, c.42, s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-54 - Application for grant.

18A:72A-54 Application for grant.
6. a. The governing board of a public or private institution of higher education may determine, by resolution, to apply for a grant from the trust fund. Upon adoption of the resolution, the board shall file an application with the Secretary of Higher Education, which application shall include a complete description of the project to be financed and an identification of any additional sources of revenue to be used.
b. The Secretary of Higher Education shall review the application and approve or disapprove the grant. For each grant which is approved, the secretary shall establish the amount and shall send a written certification of such approval including the amount approved to the authority.
c. The Secretary of Higher Education shall submit to the Legislature a copy of the written certification of the approval of the grant and the amount thereof. If the Legislature does not disapprove the grant by the adoption of a concurrent resolution within 60 days, the grant shall be deemed to be authorized. In addition, the resolution approving the grant for the new instructional and research facility for Rutgers, The State University, School of Law, Newark, shall be submitted by the secretary to the Joint Budget Oversight Committee for its approval prior to the commission's submission of the resolution to the Legislature. The secretary shall provide to the committee such information concerning the grant as the committee may require for its consideration.
d. Each grant awarded under this act shall be contingent upon the recipient governing board entering into a contract or contracts for the commencement of the construction, reconstruction, development, extension, or improvement of the facility within one year of the date on which the funds of the grant are made available.
L.1993, c.375, s.6; amended 2009, c.308, s.39; 2012, c.42, s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-55 - List of selection criteria.

18A:72A-55 List of selection criteria.
7. In order to ensure the most effective utilization of the moneys in the trust fund and to guide governing boards which elect to apply for a grant, the Secretary of Higher Education shall establish a list of selection criteria and shall specify the information to be included in a grant application.
L.1993, c.375, s.7; amended 2009, c.308, s.40; 2012, c.42, s.9.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-56 - "Higher Education Facilities Trust Fund Board."

18A:72A-56 "Higher Education Facilities Trust Fund Board."
8. In order to ensure proper oversight and review, there is created the "Higher Education Facilities Trust Fund Board" which shall consist of four members as follows: the Secretary of Higher Education; the State Treasurer or a designee; the President of the Senate or a designee; and the Speaker of the General Assembly or a designee. The board shall ensure that the revenue provided to the trust fund is adequate to support the grants approved by the Secretary of Higher Education. At the end of each three-year period following the approval of this act, the board shall review, in consultation with the Secretary of Higher Education, the physical plant needs of public and private institutions of higher education in the State and shall recommend to the Governor and the Legislature a plan to increase, as necessary, the availability and uses of grants made from the trust fund.
L.1993, c.375, s.8; amended 2009, c.308, s.41; 2012, c.42, s.10.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-58 - Rules, regulations.

18A:72A-58 Rules, regulations.
11. The Secretary of Higher Education, in consultation with the New Jersey Educational Facilities Authority, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.
L.1993, c.375, s.11; amended 2009, c.308, s.43; 2012, c.42, s.11.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-60 - Findings, declarations relative to higher education technology infrastructure.

18A:72A-60 Findings, declarations relative to higher education technology infrastructure.
2. The Legislature finds and declares that:
a. New Jersey's public and independent colleges and universities contribute substantially to the local, State, and national economies by developing the workforce, advancing knowledge through research and scholarship, and serving as a repository for information.
b. An integrated technology infrastructure is increasingly critical to teaching, research, workforce training, and the effectiveness and efficiency of New Jersey's higher education system.
c. Up-to-date telecommunications and information technology, including connectivity within and among institutions and with libraries and elementary and secondary schools, will enable students and faculty to access information and educational opportunities efficiently and effectively and will increase opportunities for institutions to collaborate and share resources.
d. Consortial arrangements and distance learning offer significant potential to reduce costs and increase access, but these new modes of delivery cannot succeed without a technology infrastructure which insures compatibility and connectivity.
e. Colleges and universities must address substantial, yet varying, technological needs in order to participate fully in a comprehensive, current telecommunications network. To strengthen New Jersey's competitiveness and enhance the State's higher education system in a global and highly technological economy, it is essential to establish a dedicated source of funding to support investment by New Jersey's public and independent higher education institutions in technology infrastructure.
L.1997,c.238,s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-61 - "Higher Education Technology Infrastructure Fund."

18A:72A-61 "Higher Education Technology Infrastructure Fund."
3. There is created within the New Jersey Educational Facilities Authority, established pursuant to N.J.S.18A:72A-1 et seq., the "Higher Education Technology Infrastructure Fund," hereinafter referred to as the "technology fund." The technology fund shall be maintained as a separate account and administered by the authority to carry out the provisions of this act. The technology fund shall consist of:
a. moneys received from the issuance of bonds or notes pursuant to section 7 of P.L.1997, c.238 (C.18A:72A-65);
b. all moneys appropriated by the State for the purposes of the fund; and
c. all interest and investment earnings received on moneys in the technology fund.
L.1997,c.238,s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-62 - Use of technology fund.

18A:72A-62 Use of technology fund.
4. The technology fund shall be used to develop technology infrastructure within and among New Jersey's institutions of higher education in order to provide access effectively and efficiently to information, educational opportunities, and workforce training. Funds may also be used to enhance the connectivity of higher education institutions to libraries and elementary and secondary schools.
As used in this act, "technology infrastructure" means video, voice, and data telecommunications equipment and linkages, including transport services and network interconnections.
L.1997,c.238,s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-63 - Grant conditions, allocations.

18A:72A-63 Grant conditions, allocations.
5. The use of a grant from the technology fund shall require a matching amount from an institution equal to the amount of the grant provided. The initial grants from the technology fund shall be allocated as follows:
a. a minimum of $12,600,000 for the acquisition of higher education technology infrastructure at the State colleges;
b. a minimum of $7,722,000 for the acquisition of higher education technology infrastructure at Rutgers, The State University;
c. a minimum of $4,306,500 for the acquisition of higher education technology infrastructure at the University of Medicine and Dentistry of New Jersey;
d. a minimum of $2,821,500 for the acquisition of higher education technology infrastructure at the New Jersey Institute of Technology;
e. a minimum of $12,600,000 for the acquisition of higher education technology infrastructure at the county colleges;
f. a minimum of $4,950,000 for the acquisition of higher education technology infrastructure at private institutions of higher education;
g. a maximum of $5,000,000 for interconnectivity among the higher education institutions. Expenditures shall be based on an inter-institutional needs assessment. If, as a result of the needs assessment, less than $5,000,000 is expended from the funds allocated in this subsection, the remaining funds shall be allocated among the institutions designated in subsections a. through f. of this section based on the percentage of the total funds allocated in each of the subsections a. through f.; and
h. a minimum of $5,000,000 for non-matching public library grants or for Statewide library technology initiatives through the New Jersey State Library.
The Secretary of Higher Education may reallocate any balance in the amount authorized in subsections a. through g. of this section, which has not been approved by the secretary for a grant within 18 months of the effective date of P.L.1997, c.238 (C.18A:72A-59 et seq.).
The secretary shall determine the allocation of moneys deposited into the technology fund resulting from the issuance by the authority of new bonds because of the retirement of bonds previously issued by the authority.
Acquisition of technology infrastructure funded by grants from the technology fund shall follow the principles of affirmative action and equal opportunity employment. In furtherance of these principles, the secretary shall continue its policy of encouraging institutions to solicit bids from, and award contracts to, minority and women-owned businesses.
L.1997, c.238, s.5; amended 2012, c.42, s.12.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-64 - Application for grant, conditions.

18A:72A-64 Application for grant, conditions.
6. a. The governing board of a public or private institution of higher education may determine, by resolution, to apply for a grant from the technology fund. Upon adoption of the resolution, the board shall file an application with the Secretary of Higher Education, which application shall include a complete description of the technology infrastructure to be acquired and an identification of the sources of revenue to be used for the required institutional match.
b. The secretary shall review the application and approve or disapprove the grant. For each grant which is approved, the secretary shall establish the amount and shall send written certification of the approval of the grant including the approved amount to the authority.
c. Each grant awarded under this act shall be contingent upon the recipient governing board entering into a contract or contracts for the acquisition of technology infrastructure within one year of the date on which the funds of the grant are made available to the institution.
L.1997, c.238, s.6; amended 2012, c.42, s.13.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-64.1 - JBOC approval required for provision of grant funding.

18A:72A-64.1 JBOC approval required for provision of grant funding.
24. The authority shall not provide grant funding without the review and approval of the Joint Budget Oversight Committee. The Joint Budget Oversight Committee shall approve or disapprove each grant within 10 working days of receipt of the grant information or the grant shall be deemed approved.
L.2012, c.42, s.24.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-66 - Agreements between authority and institutions of higher education.

18A:72A-66 Agreements between authority and institutions of higher education.
8. The authority may enter into an agreement with a public or private institution of higher education to finance the acquisition of higher education technology infrastructure by the institution. In entering into an agreement with a public or private institution of higher education, the authority shall include in the agreement such provisions as may be necessary to ensure that the institution shall provide a matching amount at least equal to the amount of the grant provided.
L.1997,c.238,s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-67 - Approval for entry into agreements.

18A:72A-67 Approval for entry into agreements.
9. The authority shall not enter into an agreement with an institution of higher education unless the Secretary of Higher Education has approved the acquisition of the higher education technology infrastructure by the institution.
L.1997, c.238, s.9; amended 2012, c.42, s.14.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-68 - Financing of matching amounts.

18A:72A-68 Financing of matching amounts.
10. a. To finance the matching amounts for institutions of higher education which have received grants from the technology fund, the authority may from time to time issue bonds or notes in an amount sufficient to finance the purchase of higher education technology infrastructure pursuant to agreements with public and private institutions of higher education and to finance the administrative costs associated with the issuance of bonds or notes. The authority shall issue the bonds or notes in such manner as it shall determine in accordance with the provisions of P.L.1997, c.238 (C.18A:72A-59 et seq.) and the "New Jersey educational facilities authority law," N.J.S.18A:72A-1 et seq. The bonds or notes issued pursuant to this section shall be repaid by the institutions of higher education from any available funds, except grant funds provided to the institution of higher education pursuant to this act.
b. The authority shall require that if an institution of higher education fails or is unable to pay to the authority in full, when due, any obligation of the institution to the authority, an amount sufficient to satisfy the deficiency shall be retained by the State Treasurer from State aid or an appropriation payable to the institution and paid to the authority. As used in this subsection, "obligation of the institution" means any amount payable by the institution for technology infrastructure pursuant to an agreement with the authority.
c. The amount retained by the State Treasurer shall be deducted from the corresponding appropriation or apportionment of State aid payable to the institution of higher education and shall not obligate the State to make, nor entitle the institution to receive, any additional appropriation or apportionment.
L.1997,c.238,s.10.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-69 - Criteria for approval, specific information in grant application.

18A:72A-69 Criteria for approval, specific information in grant application.
11. In order to ensure the most effective utilization of the moneys in the technology fund and to guide governing boards which elect to apply for a grant, the Secretary of Higher Education shall establish criteria for approval and shall specify the information to be included in a grant application.
L.1997, c.238, s.11; amended 2012, c.42, s.15.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-70 - Rules, regulations.

18A:72A-70 Rules, regulations.
12. The Secretary of Higher Education, in consultation with the New Jersey Educational Facilities Authority, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.
L.1997, c.238, s.12; amended 2012, c.42, s.16.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:72A-71 - Report to Governor, Legislature.

18A:72A-71 Report to Governor, Legislature.
13. The Secretary of Higher Education shall annually submit a report to the Governor and the Legislature on the higher education technology infrastructure purchases at public and private institutions of higher education, which have been approved by the secretary and financed by the New Jersey Educational Facilities Authority pursuant to this act.
L.1997, c.238, s.13; amended 2012, c.42, s.17.