reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.4 - Certification procedures for LGBTQ+ businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The documentation required for first-time
				applicants seeking certification may be abbreviated. The documentation
				requirements in this subsection only apply to first-time applicants for
				certification.
1. A first-time applicant for
				certification as an LGBTQ+ business must submit documentation necessary to
				determine the applicant's eligibility for certification.
2. The Division shall prepare a New Jersey
				Uniform Certification Application. The application shall be an online
				application available from the Division website. A business seeking to be
				certified as an LGBTQ+ business must be registered to do business in New Jersey
				at
http://www.state.nj.us/treasury/revenue/gettingregistered.shtml
.
3. The information submitted in support of an
				application shall include, but not be limited to:
i. The names and addresses of the owner,
				partners, or shareholders, as applicable, and their representative shares of
				ownership;
ii. The names and
				addresses of members of the board of directors, in the case of corporations;
				iii. The names and addresses of the officers of the business;
iv. The number of shares of stock issued and
				outstanding, in the case of a corporation;
v. The articles of incorporation, bylaws,
				partnership agreements, or joint venture agreements, as applicable;
vi. Organizational charts;
vii. The certificate of birth, or motor
				vehicle driver's license, passport, or other acceptable form of identification
				of the owners, partners, shareholders, or in the case of corporations, members
				of the board of directors, as applicable to the applicant entity; and
viii. An affidavit, signed by the individual
				seeking certification, certifying that the signer owns the business and
				identifies as LGBTQ+. In the case of a business with multiple owners, a single
				affidavit certifying that at least 51 percent of ownership identifies as LGBTQ+
				shall be sufficient.
4. A
				first time applicant's certification shall be provisional and shall be
				operative for one year from the date of approval.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.5 - Acceptance as an LGBTQ+ business

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When a business is determined by the Division to be an LGBTQ+ business, the
				business will be added to the State's SAVI database. Each business shall be
				placed on the database denoting its status as an LGBTQ+ business.
(b) When a business is placed on the SAVI
				database, that business shall be eligible for any appropriate State programs
				and initiatives for LGBTQ+ businesses.
(c) When a business is placed on the SAVI
				database, it shall be informed by the Division of its certification status. The
				Division shall also issue an individual certification number exclusive to the
				business, as part of the certification procedure.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.6 - Time for application to be certified as an LGBTQ+ business

Current through Register Vol. 56, No. 14, July 15, 2024
A business may apply to be certified by the Division at any
				  time, unless restricted pursuant to this chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.7 - Right of withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant for the State of New Jersey Unified
				  Certification Program may request, in writing, to the Director, that its
				  application be withdrawn. Such withdrawal shall not be prejudicial to any
				  subsequent application. An applicant may reapply not sooner than 90 calendar
				  days following the date of withdrawal, but not more than three times in a
				  calendar year. An applicant may withdraw once during a 12-month
				  period.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.8 - Denial of initial certification and revocation of certification for reasons other than a challenge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division may deny or revoke a certification as an LGBTQ+ business if it has
				determined that:
1. The applicant has failed
				to meet certification criteria;
2.
				The business has ceased to meet certification criteria;
3. The applicant has not timely renewed its
				certification; or
4. The applicant
				has knowingly provided incorrect or false information.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.10 - Obligations to provide information; penalties for failure to provide complete and accurate information; hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants for certification pursuant to
				this chapter shall accurately and honestly supply all information required by
				the Division.
(b) Any business
				certified by the Division as an LGBTQ+ business shall immediately apprise the
				Division of any circumstances that in any way affect the ownership composition
				of the business, or the control over the business, or otherwise affect the
				eligibility of the business, pursuant to this chapter.
(c) The failure of a business to report any
				such changed circumstances, or the intentional falsification, shall disqualify
				the business for inclusion on the SAVI database.
(d) When the Division determines that a
				business has been certified as an LGBTQ+ business on the basis of false
				information knowingly supplied, the Division shall notify the business that it
				has been removed from the SAVI database.
(e) The certificate holder shall have 10 days
				to file a notice of appeal with the Director or designated hearing officer. The
				notice of appeal shall provide the specific grounds for appealing the
				determination, including all relevant documentation.
(f) Receipt of a proper appeal will
				constitute a contested case, eligible for hearing, pursuant to this section and
				in accordance with the Administrative Procedures Act,
				N.J.S.A.
				52:14B-1 et seq., and 52:14F-1 et seq., and
				the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(g) When a business's request for
				certification has been denied, or its certification has been revoked based upon
				false information knowingly provided by that business in its submitted Uniform
				Certification Application or its annual Certification Verification Statement,
				the business has the right to an appeal, pursuant to this section.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.11 - Certification reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division may form reciprocal agreements with, or accept certifications by,
				other public and private certifying entities, to facilitate LGBTQ+ business
				development and growth.
(b) All
				reciprocal agreements must provide that the quality of the program of the other
				certifying agency is the relative equal of the Division's program.
(c) Documentation from the reciprocal agency
				showing certification shall be provided.
(d) In the event that the Division forms
				reciprocal agreements with, or accepts certifications by, other public and or
				private certifying entities, it shall post information on its website,
				including the names of the entities, the effective date of accepting
				certifications by other entities, and links to such entities.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES › Subchapter 1 - CERTIFICATION › Section 17:47-1.12 - Information confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				information and documents submitted to the Division as part of the
				certification application shall be deemed confidential and not subject to
				disclosure, unless required or allowed by applicable Federal and State law.
				Information required to be disclosed for purposes of inclusion in the SAVI
				database is not deemed confidential.
(b) Any records and files that the Division
				of Taxation treats as confidential, pursuant to
				N.J.S.A.
				54:50-8, shall be subject to the same
				standards of confidentiality for purposes of the certifications set forth in
				this chapter.
(c) Information and
				documents provided to the Division may be made available, subject to
				confidentiality limitations, pursuant to the Open Public Records Act (OPRA),
				N.J.S.A.
				47:1A-1 et seq., where required during a
				challenge or appeal proceeding pursuant to this subchapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 48 - CENTRALIZED NON-TAX DEBT COLLECTION › Subchapter 1 - CENTRALIZED NON-TAX DEBT COLLECTION RULES › Section 17:48-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
"Debtor" means any individual or business entity owing money
				  to or having a delinquent account with any State department or agency, which
				  obligation has not been determined to be satisfied by court order, set aside by
				  court order, or discharged in bankruptcy.
"Debtor file" means the listing of any delinquent debts for
				  which the State department or agency has exhausted its collections methods
				  within the 90-day billing cycle and shall include all information set forth at
				  N.J.A.C. 17:48-1.3. There is a minimum $ 25.00 for total debts per individual
				  for each State department or agency to qualify for placement in the debtor
				  file. Accounts involving more than one debtor must be broken down individually
				  and the debt allocated to each individual by a State department or agency. The
				  list must be provided in an electronic format that is acceptable to the
				  Division.
"Delinquent debt" means a fee, fine, cost, penalty, or
				  assessment that has been due and owing a State department or agency for 91 days
				  or more. "Delinquent debt" does not include inter-agency debts and debts
				  associated with loans, notes, grants, contracts, and tax debts.
"Division" means the New Jersey Division of Revenue and
				  Enterprise Services, Department of the Treasury, designated as the State
				  government's centralized debt management agency.
"State department or agency" means all executive branch
				  departments or agencies, but does not include an independent authority or
				  instrumentality that is independent of the operational and budgetary control of
				  the department or agency to which it is allocated.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 48 - CENTRALIZED NON-TAX DEBT COLLECTION › Subchapter 1 - CENTRALIZED NON-TAX DEBT COLLECTION RULES › Section 17:48-1.2 - Collection actions to be taken by agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agencies shall make every effort to
				collect amounts due associated with fines, fees, penalties, and other
				assessments (non-tax debt). At a minimum, the following steps must be taken:
1. Agencies shall develop and establish
				written procedures and guidelines to be followed by all staff assigned to the
				debt collection function; and
2.
				Within 90 days of an amount becoming due and owing, unless a State department's
				or agency's statutory authority requires another method, agencies shall attempt
				to collect by taking, at a minimum, the following steps:
i. Prepare and issue an initial bill
				(invoice) by regular mail or electronic means, if available;
ii. If the amount is not paid after 30 days,
				send a written reminder letter through regular and/or certified mail,
				supplemented by an electronic communication, if available; and
iii. If the amount is not paid after 60 days,
				send a second reminder letter through regular and/or certified mail.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 48 - CENTRALIZED NON-TAX DEBT COLLECTION › Subchapter 1 - CENTRALIZED NON-TAX DEBT COLLECTION RULES › Section 17:48-1.3 - Mandatory transfer of non-tax debt to the Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an agency is unable to collect a debt
				within 90 days, the debtor file shall be transferred to the Division in an
				electronic format, such as spreadsheets or text files, on the 91st day for
				further collection efforts. The Division will specify what constitutes an
				acceptable electronic format. Any funds collected by Division or its agents
				shall be credited to the appropriate account.
(b) At a minimum, the debtor files must
				include the data fields below pertaining to the debtor (either individual or
				business). The Division will specify the format (for example, lengths and field
				types, such as character or numeric) for the data fields and the medium (for
				example, direct file transfer or disk-based transfer) to be used to transfer
				the data.
1. Debtor name (first, middle
				initial, last, designations, if applicable) or company name and contact
				person;
2. Home or company
				address;
3. Home or company/contact
				telephone number;
4. Social
				Security number or Federal employer identification number (EIN or
				FEIN);
5. Nature of debt;
6. Date(s) of debt;
7. Original amount of debt;
8. Payment(s) amount(s);
9. Payment(s) date(s); and
10. Balance due.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 48 - CENTRALIZED NON-TAX DEBT COLLECTION › Subchapter 1 - CENTRALIZED NON-TAX DEBT COLLECTION RULES › Section 17:48-1.4 - Exceptions to the mandatory transfer rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a debt has reached the 90-day billing
				cycle but has been submitted by the agency for litigation or if a debtor
				initiates litigation, the account shall not be submitted to the Division until
				such litigation has been concluded and the debt remains due and owing. If the
				debt remains unpaid for 90 days after an agreed upon court order for payment,
				the debt shall be referred to the Division in accordance with the rules set
				forth at N.J.A.C. 17:48-1.3.
(b) If
				a State department or agency submits a debt for judgment during the 90-day
				collection period, the agency will submit the debt no later than 20 days after
				the judgment has been filed and docketed by the Superior Court and a docketed
				judgment number obtained.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 48 - CENTRALIZED NON-TAX DEBT COLLECTION › Subchapter 1 - CENTRALIZED NON-TAX DEBT COLLECTION RULES › Section 17:48-1.5 - Annual certified non-tax debt inventory report and report to the Governor and Legislature

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				chief administrative officer of each agency, or their designee, must submit a
				certified report of the agency's non-tax debt inventory within 45 days
				following the conclusion of each fiscal year, in a format provided by the
				Division. At a minimum, the report shall include:
1. Total debt owed to the department or
				agency;
2. Debt owed but not
				collected within 90 days of recording of the delinquency;
3. The amount of that delinquent debt not
				transferred to the Division; and
4.
				The amount of the debt determined to be owed to the department or agency during
				the last 90 days of the fiscal year.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:49-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in
				this subchapter are promulgated by the Department of the Treasury to implement
				P.L.
				2018, c. 90.
(b) The rules in this subchapter apply to the
				identification, screening, selection, development, and delivery of projects
				through the public-private partnership procurement model authorized by
				P.L.
				2018, c. 90. The rules
				outline the process by which project criteria are developed and how project
				reviews will be conducted. The rules provide guidelines for authorized public
				entities who are working through the process of deciding whether to seek or
				respond to a partnership opportunity, to reject a partnership or negotiate the
				terms of one, and whether to enter and how to monitor over time the partnership
				arrangement. They include particular rules as to interacting with the private
				entities who seek to partner with them, as well as the rules for engagement of
				the public and other key stakeholders critical to the advancement of a
				project.
(c) These guidelines
				include a process for both solicited and unsolicited project proposals for each
				type of project authorized under the law, provide the structure for the
				selection of a private sector partner, and finally, outline the structure of
				the public-private partnership agreement in accordance with
				P.L.
				2018, c. 90. The
				organization of the rules follows the anticipated chronological steps that will
				be undertaken through the life cycle of a project. The rules ensure the
				requisite analysis is conducted by public entities seeking to enter into a
				public-private partnership so as to ensure resources are properly committed and
				that the public's interest is protected.
(d) Submissions and questions regarding
				public-private partnerships should be addressed to:
Department of the Treasury
Attn: P3 Review
50 W. State Street, 5th Floor
PO Box 005
Trenton, New Jersey 08625-0005
(e) Questions of a private entity or the
				public concerning the award of contracts under this chapter should be directed
				to the local or State contracting agency issuing the public-private partnership
				agreement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 3 - QUALIFICATION OF EXPERTS AND PROFESSIONALS › Section 17:49-3.1 - Pre-qualification of third-party financial institutions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Public Finance shall
				pre-qualify third-party financial institutions that shall act as collateral
				agents and manage construction accounts for public-private partnership
				agreements.
(b) The minimum
				standards to qualify shall include:
1. Current
				authorization to conduct business in the State of New Jersey;
2. Participation as a trustee in at least
				three complex public bonding transactions or participation in three
				public-private partnership projects in this or any other jurisdiction;
				and
3. Capital stock surplus and
				aggregate earnings of at least $ 10 million under a state or national banking
				charter;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 3 - QUALIFICATION OF EXPERTS AND PROFESSIONALS › Section 17:49-3.2 - Pre-qualification of construction contractors, counsel, and design professionals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contractors,
				including subcontractors, construction managers, and design-build teams
				(including design-build contractors and design professionals) shall be, at a
				minimum, registered pursuant to N.J.S.A. 34:11-56.48et seq., and be classified
				by the Division of Property Management and Construction pursuant to N.J.S.A.
				52:35-1et seq., and N.J.A.C. 17:19- 2, or be pre-qualified by the Department of
				Transportation, New Jersey Transit, or New Jersey Turnpike authority, as
				appropriate. Design professionals, including architectural and engineering
				professionals shall be pre-qualified by the Division of Property Management and
				Construction pursuant to N.J.S. A. 52:34-9.1 et seq., and N.J.A.C. 17:19-3, or
				be pre-qualified by the Department of Transportation, New Jersey Schools
				Development Authority, New Jersey Transit, or New Jersey Turnpike Authority, as
				appropriate.
(b) Counsel to an
				entity, except a State government entity, shall possess the following minimum
				experience to provide legal representation and support for purposes of a
				public-private partnership agreement:
1.
				Experience as counsel or underwriter on at least three complex financial
				transactions, including public-private partnership agreements, in this State or
				any other state ;
2. Expertise in
				construction, land use, real estate development, lease, construction, and
				related financing; and
3. Where
				relevant, experience in highway or transportation projects, including financing
				of projects.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 3 - QUALIFICATION OF EXPERTS AND PROFESSIONALS › Section 17:49-3.3 - Qualification of public-private partnership advisors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Public Finance shall
				pre-qualify and maintain a pool of public-private partnership advisors who
				shall assist the Department of the Treasury by undertaking a financial and
				technical review of projects submitted for consideration.
(b) Public-private partnership advisors shall
				possess the following minimum criteria to qualify for consideration:
1. Participation in at least five
				public-private partnership projects in this or any other jurisdiction in the
				last five years;
2. Understanding
				of land use, construction, redevelopment, and public financing law;
3. Experience with financial modeling, return
				on investment analysis, risk analysis and allocation, stress testing
				assessment, conduction of feasibility studies in assessing public-private
				partnership suitability, market testing, public sector comparability, net
				present value cost, and comparison development, as well as a review of project
				life cycle cost and reserve analysis;
4. Ability to provide recommendations on
				appropriate discount rates and investment measures for projects;
5. Exposure to public infrastructure
				construction and financing;
6.
				Experience with construction in New Jersey;
7. Ability to review, summarize, and prepare
				a summary of legal agreements; and
8. Any additional criteria as determined to
				be necessary by the Department of the Treasury.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 4 - FEES › Section 17:49-4.1 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application
				review fee of $ 50,000 shall be paid upon submission of an application for
				approval of a public-private partnership project to the Office of Public
				Finance by the local government unit, school district, State government entity,
				or county or State college or university.
(b) To the extent additional funds are
				necessary to complete review of a project by a public-private partnership
				advisor as set forth in N.J.A.C. 17:49-3.3, as based upon a review of the
				project by the Department of the Treasury, including any post application
				change, an applicant shall be billed for the additional costs necessary to
				facilitate project review. Project review shall not commence until such time as
				funds are received to facilitate project review.
(c) Applicants shall submit an additional fee
				of $ 33,000 for any project involving a material transportation
				element.
(d) Applicants shall
				submit a non-refundable fee of $ 16,500 for each request for any material
				change in project scope at any time.
(e) These application fees shall be in
				addition to any set-aside amount required pursuant to N.J.A.C. 17:49-11. The
				Department of the Treasury reserves the right to reduce the amount of required
				set-aside, for application fee amounts not expended for project review, upon
				request of a public entity. Such request shall be made upon receipt of project
				approval.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 5 - REPORTING › Section 17:49-5.1 - Public-private partnership project report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of Public Finance shall
				maintain a list of public-private projects within the State of New Jersey.
				Projects shall be entered on the list upon submission of an application to the
				Office of Public Finance for project approval. Project entries shall be updated
				upon commencement of review, upon approval or rejection by the State Treasurer,
				upon cancellation of procurement or upon termination of approval, upon
				commencement of financing, during all stages of construction, and upon
				completion and/or any post-construction operation and maintenance of a
				project.
(b) Semi-annually the
				Office of Public Finance shall publish a report based upon the list of projects
				maintained. The report shall include projects at all stages of the
				public-private partnership program process.
(c) Local government units, school districts,
				State government entities, and/or a State or county college or university shall
				be required to regularly report to the Office of Public Finance on the status
				of the project in a format and at a frequency proscribed by the Office of
				Public Finance. The Office of Public Finance may request additional information
				of an applicant.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 6 - LOCAL GOVERNMENT UNIT PROCEDURES AND REQUIREMENTS › Section 17:49-6.1 - Minimum local government unit standards for entrance into a public-private agreement and operation of a project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit, with approval by
				resolution of the governing body, may enter into a public-private partnership
				agreement with a private entity to develop, construct, reconstruct, repair,
				alter, improve, extend, operate, or manage a building, road, vertical
				structure, or facility, if:
1. The project,
				including any site acquisition, includes an expenditure of at least $ 10
				million in public funds, or any expenditure of solely private funds;
				and
2. The project is financed in
				whole by the private entity,where the local government retains full ownership
				of the land upon which the project is completed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 6 - LOCAL GOVERNMENT UNIT PROCEDURES AND REQUIREMENTS › Section 17:49-6.2 - Project analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local
				government unit, through a finding by the governing body through a resolution,
				shall determine whether to apply for approval to enter into a public-private
				partnership and shall document in its application to the Office of Public
				Finance, its analyses based upon the following threshold criteria:
1. A narrative of the project, including the
				role and responsibilities of the parties, and an assessment of the project's
				viability, including the outcome and objectives to be realized by the
				project;
2. An assessment of the
				benefits or risks to be realized by the project;
3. The total risk-adjusted cost of the
				project, including costs associated with procurement, financing, design,
				construction, operation, and maintenance (including oversight costs) over the
				useful life of the asset that will be built, or the length (in years) of the
				potential public-private partnership agreement; both for delivery as a
				public-private partnership and delivery under a conventional public sector
				approach, supported by evidence from comparable projects;
4. The maximum public contribution that a
				local government unit will invest in or contribute to the project under the
				public-private partnership;
5. A
				comparison of the financial and non-financial benefits of the public-private
				partnership, including the technical, technological, or socioeconomic merit of
				the project, as contrasted with other options including a public sector option
				or not proceeding with a project;
6. A list of risks, liabilities, and
				responsibilities to be transferred to the private entity and those to be
				retained by the local government unit as well as an analysis of the financial
				capacity of the private entity and local government unit, including an analysis
				of how the project's execution shall impact the financial status of the local
				government unit;
7. An analysis
				that delivery as a public-private partnership will optimize schedule, cost (on
				a risk-adjusted and useful life basis) and quality outcomes for the project,
				relative to a public sector option; and
8. Whether the project has a high, medium, or
				low level of project delivery risk and how the public is protected from these
				risks.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 6 - LOCAL GOVERNMENT UNIT PROCEDURES AND REQUIREMENTS › Section 17:49-6.3 - Public notice and hearing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for qualification shall include
				the following:
1. A request for
				qualification, soliciting response from private entities for participation in a
				public-private partnership project shall be advertised by a local government
				unit a minimum of 45 days prior to the required date of receipt.
2. The advertisement of the request for
				qualification shall be published on the official Internet website of the local
				government unit and at least one newspaper with Statewide
				circulation.
3. A request for
				qualification shall clearly set forth the requirements for a public-private
				partnership agreement pursuant to N.J.A.C. 17:49-6.5(a).
4. The request for qualification shall define
				the standards for responsiveness, including identification of any required
				submissions, documents, proof of licensure or qualification, or other material
				information, and shall define the qualification standards for determining
				whether a private entity is eligible to participate in the request for
				proposals process.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 6 - LOCAL GOVERNMENT UNIT PROCEDURES AND REQUIREMENTS › Section 17:49-6.4 - Unsolicited proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local
				government unit may accept unsolicited proposals from private entities for
				public-private partnership agreements. A local government unit shall develop a
				process for accepting unsolicited proposals in expectation of receipt of an
				unsolicited proposal.
(b) An
				unsolicited proposal shall include, at a minimum, the following:
1. A description of the proposed
				public-private project, including the identified local government unit need to
				be fulfilled by the proposed project;
2. The estimated construction and life-cycle
				costs;
3. A timeline for
				development;
4. Proposed plan of
				financing, including projected revenues, public or private, debt, equity
				investment, and a description of how the project meets needs identified in
				existing plans;
5. An
				identification of the permits, approvals, and/or variances needed from local,
				State, and/or Federal agencies in order to develop the project; and
6. A projected schedule for obtaining such
				permits and approvals, and a statement of risks, liabilities, and
				responsibilities to be assumed by the private entity.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 6 - LOCAL GOVERNMENT UNIT PROCEDURES AND REQUIREMENTS › Section 17:49-6.6 - Lease arrangements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				lease arrangement with a private entity pursuant to a public-private
				partnership agreement may provide that a private entity shall assume some or
				all of the financial and administrative responsibility for the development,
				construction, reconstruction, repair, alteration, improvement, extension,
				operation, and maintenance of a project, provided that the project is financed
				in whole by the private entity and the local government unit retains full
				ownership of the land upon which the project is located.
(b) A project may include a lease of a
				revenue-producing public building, road, structure, infrastructure, or facility
				in exchange for an up-front or structured financing by a private entity for the
				project, provided that the private entity is responsible for the management,
				operation, and maintenance of the building, road, structure, infrastructure, or
				facility.
(c) The private entity
				may receive some or all of the revenue generated by the building, road,
				structure, infrastructure, or facility and shall, in turn, operate the
				building, structure, infrastructure, or facility in accordance with local
				government standards.
(d) A lease
				term shall not exceed 30 years and shall be subject to all applicable laws
				governing leases by a local government unit.
(e) Upon completion of the lease term,
				subsequent revenue generated, and any capital improvements, shall revert to the
				local government unit.
(f) Leases
				may include lease back arrangements.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 6 - LOCAL GOVERNMENT UNIT PROCEDURES AND REQUIREMENTS › Section 17:49-6.7 - Construction contract standards and account requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any construction contract shall meet NJ
				Uniform Construction Code (UCC) requirements for all construction and
				applicable environmental permitting requirements and include the following
				minimum building maintenance standards and building maintenance benchmarks,
				including long-range maintenance plan requirements:
1. The performance of a Baseline Facility
				Condition Assessment at the close of construction, including: identification of
				the facility, facility size and dimensions, date of construction, type of
				construction, intended functional use, number of floors, an evaluation of all
				systems, equipment, and other components of a facility, organized by individual
				component or item, and identification of the facility, facility size and
				dimensions, date of construction, type of construction, intended functional
				use, and number of floors;
2.
				Current replacement value estimating the scope of items that may need to be
				repaired, renovated, or replaced during any operating and maintenance lease
				term, including, but not limited to, physical systems, basic building
				components, and/or major appliances or equipment;
3. Financial assessment including an analysis
				of reserve accounts, an estimate of cost of capital repairs annually, rate of
				return on reserve accounts, and project interest;
4. Building system and component life cycle
				data analysis organized by specific building component, planned/estimated
				useful life/lifecycle, unit cost, quantity relative to each component, and unit
				cost per item, linear foot, square foot, or other unit of measure;
5. Capital Reserve Draw Schedule for
				replacement expenditures, including timing of replacement of components, number
				of building components being replaced, and planned disbursements from the
				reserve account to cover such replacements;
6. Reserve fund account analysis and
				availability including a summary of current reserve account balance, projected
				account funding, rate of investment returns, planned capital expenditures and
				withdrawals, and projected ending annual reserve account balance; and
7. Posting of a performance bond to ensure
				the completion of the project and a payment bond guaranteeing prompt payment of
				moneys in accordance with, and conforming to, the requirements of N.J.S.A.
				2A:44-143et seq.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 7 - SCHOOL DISTRICT PROCEDURES AND REQUIREMENTS › Section 17:49-7.1 - Minimum school district standards for operation of a project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A school district, except a charter
				school, may enter into a public-private partnership agreement with a private
				entity to assume full financial and administrative responsibility for the
				development, construction, reconstruction, repair, alternation, improvement,
				extension, operation, and maintenance of a school facility project consistent
				with P.L.
				2000, c. 72 (N.J.S.A.
				18A:7G-3), including any infrastructure or facility to be used by the public,
				or in support of a public purpose, for the benefit of a school district,
				provided that:
1. The project is financed in
				whole by a private entity; and
2.
				The school district has received approvals by all appropriate governing bodies,
				including the board of education and, where appropriate, a municipal governing
				body.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 7 - SCHOOL DISTRICT PROCEDURES AND REQUIREMENTS › Section 17:49-7.3 - Public notice and hearing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for qualification shall include
				the following:
1. A request for
				qualification, soliciting response from private entities for participation in a
				public-private partnership project shall be advertised by a school district a
				minimum of 45 days prior to the required date of receipt.
2. The advertisement of the request for
				qualification shall be published on the official Internet website of the school
				district and at least one newspaper with Statewide circulation.
3. A request for qualification shall clearly
				set forth the requirements for a public-private partnership agreement pursuant
				to N.J.A.C. 17:49-7.5(a).
4. Prior
				to issuing the request for qualification, the school district shall ensure
				there is a public need for the project, including a determination that the
				district can demonstrate to the satisfaction of the Commissioner of Education
				and the Chief Executive Officer of the Schools Development Authority that a
				school facility is necessary due to overcrowding or is in need of replacement,
				and that the project is consistent with the school district's long-range
				facilities plan pursuant to N.J.S.A. 18A:7G-4, or for charter schools, the
				existing long-term plans, including its charter.
5. The request for qualification shall define
				the standards for responsiveness, including identification of any required
				submissions, documents, proof of licensure or qualification, or other material
				information, and shall define the qualification standards for determining
				whether a private entity is eligible to participate in the request for
				proposals process.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 7 - SCHOOL DISTRICT PROCEDURES AND REQUIREMENTS › Section 17:49-7.4 - Unsolicited proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				school district may accept unsolicited proposals from private entities for
				public-private partnership agreements. A school district shall develop a
				process for accepting unsolicited proposals in expectation of receipt of an
				unsolicited proposal.
(b) An
				unsolicited proposal shall include, at a minimum, the following:
1. A description of the proposed
				public-private project, including the identified school district need to be
				fulfilled by the proposed project;
2. The estimated construction and life-cycle
				costs;
3. A timeline for
				development;
4. Proposed plan of
				financing, including projected revenues, public or private, debt, equity
				investment, and a description of how the project meets needs identified in
				existing plans;
5. An
				identification of the permits, approvals, and/or variances needed from local,
				State, and/or Federal agencies in order to develop the project; and
6. A projected schedule for obtaining such
				permits and approvals, a statement of risks, liabilities, and responsibilities
				to be assumed by the private entity.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 7 - SCHOOL DISTRICT PROCEDURES AND REQUIREMENTS › Section 17:49-7.6 - Lease arrangements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				lease arrangement between a school district and a private entity shall specify
				that the private entity shall assume all of the financial and administrative
				responsibility for the management, operation, and maintenance of a school
				facility in return for an annual lease payment, and, if applicable, some or all
				of the revenue generated by a building, structure, or facility. In addition,
				for a school district other than a charter school, such a lease agreement shall
				be subject to
				N.J.A.C.
				6A:26-10.10 and 10.11.
(b) A project involving a lease between the
				school district and the private entity shall be financed in whole by the
				private entity.
(c) The private
				entity shall assume full financial and administrative responsibility for a
				project of, or for the benefit of, the school district.
(d) A private entity shall operate the
				building, structure, infrastructure, or facility in accordance with school
				district standards, including, but not limited to, those involving health and
				safety, building maintenance, and repair.
(e) A lease term shall not exceed 30 years
				and shall be subject to all applicable law governing leases by a school
				district.
(f) Upon completion of
				the lease term, subsequent revenue generated, as well as any management,
				maintenance, and operation responsibility, and any capital improvement, shall
				revert to the school district or charter school, where applicable.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 49 - PUBLIC-PRIVATE PARTNERSHIPS RULES › Subchapter 7 - SCHOOL DISTRICT PROCEDURES AND REQUIREMENTS › Section 17:49-7.7 - Construction contract standards and account requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any construction contract shall be
				consistent with N.J.A.C. 6A:26-6, and the facilities efficiency standards
				developed by the Commissioner of Education pursuant to N.J.S.A. 18A:7G-4, or
				for a charter school, N.J.A.C. 6A:26-6, pertaining to health or safety of
				pupils and meet NJ Uniform Construction Code (UCC) requirements for all
				construction and applicable environmental permitting requirements, and include
				the following minimum building maintenance standards and building maintenance
				benchmarks, including long-range maintenance plan requirements:
1. A Baseline Facility Condition Assessment
				at the close of construction, including: identification of the facility,
				facility size and dimensions, date of construction, type of construction,
				intended functional use, number of floors, an evaluation of all systems,
				equipment, and other components of a facility, organized by individual
				component or item, and identification of the facility, facility size and
				dimensions, date of construction, type of construction, intended functional
				use, and number of floors;
2.
				Current replacement value estimating the scope of items that may need to be
				repaired, renovated, or replaced during any operating and maintenance lease
				term, including, but not limited to, physical systems, basic building
				components, and/or major appliances or equipment;
3. Financial assessment including an analysis
				of reserve accounts, an estimate of cost of capital repairs annually, rate of
				return on reserve accounts, and project interest;
4. Building system and component lifecycle
				data analysis organized by specific building component, planned/estimated
				useful life/lifecycle, unit cost, quantity relative to each component, and unit
				cost per item, linear foot, square foot, or other unit of measure;
5. Capital Reserve Draw Schedule for
				replacement expenditures, including timing of replacement of components, number
				of building components being replaced, and planned disbursements from the
				reserve account to cover such replacements;
6. Reserve fund account analysis and
				availability including a summary of current reserve account balance, projected
				account funding, rate of investment returns, planned capital expenditures and
				withdrawals, and projected ending annual reserve account balance; and
7. Posting of a performance bond to ensure
				the completion of the project and a payment bond guaranteeing prompt payment of
				moneys in accordance with, and conforming to, the requirements of N.J.S.A.
				2A:44-143et seq.