WHEREAS, the Legislature
in July 2000 enacted the "Educational Facilities Construction and Financing
Act," P.L.2000, c.72 ("the Act") to address the inadequacies in the quality,
utility and safety of educational facilities throughout the State of New
Jersey and to meet the constitutional requirement for a thorough and efficient
system of free public schools; and
WHEREAS, the Act
commits significant State and local resources to address the compelling,
urgent need to construct new school facilities and rehabilitate existing
school facilities; and
WHEREAS, the Act
provides that the 樱花视频 Economic Development Authority ("NJEDA")
is responsible for funding and undertaking the repair, renovation and
construction of all the school facilities projects determined by the Commissioner
of the Department of Education ("DOE") to meet the school facilities efficiency
standards in the Abbott Districts and for undertaking construction of
school facilities projects in the districts receiving over 55% in State
aid for education and the "Level II" monitoring districts; and
WHEREAS, the Act
also provides for State funding of a significant portion of the costs
of school facilities projects in the districts receiving less than 55%
State aid for education through grants administered by the NJEDA; and
WHEREAS, in the
two years since adoption of the Act, the NJEDA has made progress in implementing
the school construction program, through development of an infrastructure,
policies, procedures and regulations, and the hiring of the staff and
consultants required to implement a program of this complexity and magnitude;
and
WHEREAS, many projects
have already been undertaken and completed throughout the State largely
in the nature of repair of "health and safety conditions" but most new
construction, renovation and addition projects remain to be done; and
WHEREAS, the State
now enjoys a unique and timely opportunity to design and construct schools
for the 21st century which will be adequate to serve the needs of children
for years to come, will incorporate long life cycles and reduce operating
costs; and
WHEREAS, the primary
purpose of these new and renovated school facilities is to serve as places
of learning for children, and as such should incorporate "high performance"
design features that accommodate and enhance the learning process; and
WHEREAS, the Legislature
provided in Section 2(d) of the Act that "design of school facilities
should incorporate maximum operating efficiencies and new technologies
to advance the energy efficiency of school facilities and the efficiency
of other school building systems;" and
WHEREAS, school
facilities are public buildings, and should be designed in a manner to
provide maximum access and benefit to the residents of the communities
where they are situated, in order to serve as centers of community; and
WHEREAS, schools
that are true centers of community must be sited and designed with the
participation of the members of the community to be served by the school
facility; and
WHEREAS, it is in
the best interests of the people of 樱花视频 that school facilities
developed under the Act shall be modern facilities of the 21st century,
combining all of these features: the best possible learning environment,
the most energy-efficient design, the most environmentally sustainable
systems, and the highest community-relevance; and
WHEREAS, in February
2002 pursuant to Executive Order the Abbott Implementation and Compliance
Coordinating Council was created to coordinate and direct State policy
regarding education reform implementation and school facility construction
in the Abbott districts; and
WHEREAS, the Abbott
Implementation Council formed a facilities working group that included
representation from school districts, community organizations, and the
architectural and construction community to recommend improvements to
the School Construction Program; and
WHEREAS, in order
to accomplish the purposes of the Act, to begin implementation of the
recommendations of the Abbott Facilities Work Group, and to ensure that
schools are equipped for the 21st century, it is necessary now to focus,
streamline and coordinate the activities of various State agencies involved
in this monumental and most important effort;
NOW, THEREFORE,
I, JAMES E. MCGREEVEY, Governor of the 樱花视频, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
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In order to
establish the school construction program as a separate activity of
the NJEDA apart from its economic development mission and to provide
for more focused attention, the NJEDA shall establish a subsidiary
corporation, which will be responsible for the school facilities project.
This shall include:
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The creation
of a corporation Board of Directors consisting of the following
members: the Commissioner of Education; Commissioner of Labor; Commissioner
of Community Affairs; State Treasurer; CEO/Secretary of Commerce
and Economic Growth Commission; Executive Director of EDA; Member
of the Governor's Executive Staff; Three public members of the EDA
Board of Directors selected by the Governor; and two members of
the public to be appointed by the Governor.
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The Schools
Corporation will be headed by a CEO to oversee the program, which
individual will have experience in construction management commensurate
with the task of overseeing a multi-billion dollar, long-term program.
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The NJEDA and
all school districts developing school facilities projects to be funded
under the Act should attempt to incorporate community design features
to maximize public access to the building and enhance the utility
of the building to the needs of the community.
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The NJEDA and
all school districts developing school facilities projects to be funded
under the Act are strongly encouraged to provide opportunity for the
community at large to have meaningful participation in the site selection
process for the school facilities projects, and in the design of school
facilities.
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All new school
designs shall incorporate the guidelines developed by the United States
Green Building Council known as "Leadership in Energy & Environmental
Design ("LEED"), Version 2.0 to achieve maximum energy efficiency
and environmental sustainability in the design of schools.
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The DOE shall
not approve any school facilities project for funding under the Act
and the NJEDA shall not construct any project unless the project is
designed using best design practices to create space that enhances
the learning process and accommodates modern teaching techniques.
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In order to
improve the delivery of early childhood services, the Commissioner
of DOE should adopt regulations, which will establish facilities efficiency
standards for early childhood education facilities and criteria for
the use by districts of community providers.
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The NJEDA should
undertake actions to ensure that there is an adequate pool of qualified
contractors and consultants to carry out the school facilities projects
funded under the Act. The NJEDA should explore with other agencies,
including the Department of Treasury, the feasibility of consolidating
and integrating the current multiple systems for the classification
and pre-qualification of consultants and contractors.
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To facilitate
and expedite the completion of school facilities projects, the NJEDA
is hereby directed to take the following actions:
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Streamline
the procurement process and make it more efficient through the
use of term contracts where appropriate to provide for such things,
as the (i) acquisition and installation of furniture, fixtures
and equipment; (ii) acquisition of items requiring long-lead times
such as boilers, chillers and windows; (iii) services related
to land acquisition, and (iv) the ability to respond on an expedited
basis to health and safety issues in school facilities.
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Examine
and implement changes in the process for delegating school facilities
projects under $500,000 back to the districts pursuant to Section
13(a) of the Act and for funding grants to the under 55% districts
pursuant to Section 15 of the Act so that these projects can be
completed more rapidly while still maintaining moral and fiscal
integrity.
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The NJEDA is
authorized to call upon any department, office or agency of State
government to provide such information, resources or other assistance
deemed necessary to discharge its responsibilities under this Order.
Each department, officer, division and agency of this State is required
to cooperate with the Authority and to furnish it with assistance
necessary to accomplish the purposes of this Order. Furthermore, the
DOE is directed to establish a satellite office at the NJEDA staffed
by DOE personnel involved in the review and approval of school facilities
projects to better coordinate and share information with the NJEDA.
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This Order shall
take effect immediately.
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GIVEN, under
my hand and seal this 29th day of July
in the Year of Our Lord, Two Thousand and Two, and of the Independence
of the United States, the Two Hundred and Twenty-Seventh.
/s/ James
E. McGreevey
Governor
[seal]
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Attest:
/s/ Paul A. Levinsohn
Chief Counsel to the Governor