N.J. Admin. Code § 9A:18-1.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 9A:18-1.7 - Authorization process

(a) The Secretary shall establish a review committee comprised of representation from the Office of the Secretary of Higher Education, the New Jersey Educational Facilities Authority, the New Jersey Schools Development Authority, the New Jersey Economic Development Authority, and an external advisor with technical expertise to evaluate project grant applications and make recommendations on funding.

(b) The Secretary shall examine the recommendations of the review committee and shall, via a written certification, approve or disapprove a project grant, pursuant to 9A:18-1.6(b), and establish the amount of the grant.

(c) The total dollar amount of a project grant approved for any group of institutions shall not exceed the allocations in 9A:18-1.3(b).

(d) The Secretary shall prepare a list of projects that meet the eligibility requirements set forth in the Bond Act and in this chapter that have been approved for funding by the Secretary, including the amount of each project grant, to the presiding officers of each house of the Legislature on a date that both Houses are in session. If the Legislature does not disapprove the list of approved project grants by the adoption of a concurrent resolution within 60 days of receipt of the list of approved project grants, the grants will be deemed to be authorized.

(e) Upon authorization of the grant pursuant to (d) above, the institution shall enter into a grant agreement with the Secretary. Funding of the project grant shall be contingent upon the institution's continued compliance with the grant agreement.

(f) Each recipient of a project grant shall provide such information as the Secretary may request regarding the use of the grant and the progress of the project.

(g) The Secretary may, in a manner consistent with the allocations provided in the Bond Act, allocate any balance in an approved grant to another approved grant:

1. If an institution determines not to undertake a project for which a grant was awarded;

2. To adjust for actual project expenses in a manner consistent with the approved grant;

3. If the project is not substantially completed and the grant substantially disbursed six months after the estimated construction completion date set forth in the grant application, as adjusted for any actual delay to the institution entering into a construction contract consistent with (e) above; or

4. If an institution fails to comply with the provisions of the grant agreement as set forth in (e) above.

(h) No reallocation shall be made pursuant to (g) above if:

1. Delays are the result of Federal, State, or local government approvals or regulatory requirements not attributable to the institution; or

2. In the sole determination of the Secretary, there are other compelling and documentable reasons.

N.J. Admin. Code § 9A:18-1.7