STATE OF NEW JERSEY 213th LEGISLATURE.DOC

1 [First Reprint] ASSEMBLY, No 3245 STATE OF NEW JERSEY 213th LEGISLATURE INTRODUCED OCTOBER 6, 2008 (Sponsorship Updated As Of: 5/8/2009) 1 2Sponsored by: 3Assemblyman PATRICK J DIEGNAN, JR 4District 18 (Middlesex) 5Assemblyman JOSEPH CRYAN 6District 20 (Union) 7Assemblywoman BONNIE WATSON COLEMAN 8District 15 (Mercer) 9Assemblywoman CARIDAD RODRIGUEZ 10District 33 (Hudson) 11Assemblywoman PAMELA R LAMPITT 12District (Camden) 13Assemblyman JOSEPH VAS 14District 19 (Middlesex) 15 16Co-Sponsored by: 17Assemblywoman Wagner, Assemblymen L.Smith, Ramos, Chivukula, 18Giblin and Assemblywoman Greenstein 19 20 21 22 23SYNOPSIS 24 Provides for improved structure, financing, and fiscal management of higher 25education in New Jersey 26 27CURRENT VERSION OF TEXT 28 As reported by the Assembly Higher Education Committee on January 15, 292008, with amendments 30 (Sponsorship Updated As Of: 5/8/2009) A3245 [1R] DIEGNAN, CRYAN 1AN ACT concerning the structure, financing, and fiscal management of higher education in New Jersey, amending various parts of the statutory law, and supplementing chapters 3B and 72A of the New Jersey Statutes BE IT ENACTED by the Senate and General Assembly of the 7State of New Jersey: (New section) As used in this act: 10 “Commission” means the New Jersey Commission on Higher 11Education established pursuant to section 13 of P.L.1994, c.48 12(C.18A:3B-13); 13 “Public research university” means Rutgers, The State University 14of New Jersey, the University of Medicine and Dentistry of New 15Jersey, and the New Jersey Institute of Technology; 16 “State college” means the State colleges or universities 17established pursuant to chapter 64 of Title 18A of the New Jersey 18Statutes 19 20 (New section) The Governor shall appoint, with the advice 21and consent of the Senate, a Secretary of Higher Education who 22shall serve at the pleasure of the Governor during the Governor’s 23term of office and until a successor is appointed and qualified The 24appointment shall be made after consultation with and 25recommendations from the New Jersey Commission on Higher 26Education 1and the New Jersey Presidents’ Council except that the 27person holding the office of executive director of the commission 28on the effective date of this act shall be the initial Secretary of 29Higher Education The secretary shall hold cabinet-level rank and 30shall serve as executive director of the commission 31 32 1[3 (New section) a In addition to the authority granted to the 33New Jersey Commission on Higher Education pursuant to section 3414 of P.L.1994, c.48 (C.18A:3B-14), the commission shall design, 35administer, and enforce financial accountability standards for the 36operation of public research universities and State colleges The 37commission shall review the standards of the Financial Accounting 38Standards Board and the Government Accounting Standards Board 39and shall design standards that are relevant to the operations of 40publicly-funded institutions of higher education 41 b In accordance with the standards established pursuant to 42subsection a of this section, the commission shall establish internal 43control standards for each public research university and State 44college.]1 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 6not enacted and is intended to be omitted in the law Matter underlined thus is new matter Matter enclosed in superscript numerals has been adopted as follows: 10 1Assembly AHI committee amendments adopted January 15, 112008 12 A3245 [1R] DIEGNAN, CRYAN 3 1[4.] 3.1 (New section) a The governing board of a public 2research university or a State college shall establish an audit 3committee 1[composed of a minimum of five voting members of the 4board]1 The chairman of the committee 1[shall be financially 5literate as that qualification is determined by the commission At 6least one member of the committee]1 shall have accounting or 7related financial management expertise and the governing board 8shall make efforts to ensure that a majority of the members of the 9committee have such expertise 10 b The audit committee shall have a written charter that 11addresses the committee’s purpose and responsibilities which shall 12include, but not be limited to: 13 (1) assisting the board in ensuring and safeguarding the integrity 14of the institution’s financial statements; 15 (2) assisting the board in 1[establishing and ensuring the 16independence] overseeing and evaluating the performance of 17outside auditors retained by the institution; 18 (3) assisting the board in overseeing and evaluating the 19performance of the institution’s internal audit function; 20 (4) 1[evaluating and investigating] ensuring that allegations of 21misconduct or conflict of interest 1are evaluated and investigated 1; 22and 23 (5) ensuring the institution’s compliance with all relevant legal 24and regulatory requirements 25 c The audit committee shall prepare an annual audit committee 26report for submission to the institution’s governing board 27 d The 1[deliberations of the audit committee shall be recorded 28through the preparation of committee meeting minutes] committee 29shall keep minutes of its meetings 30 31 1[5.] 4.1 (New section) The governing board of a public 32research university or a State college shall 1[directly employ] 33approve the appointment of an internal 1[audit staff to] auditor, 34who shall have a direct reporting relationship to the board, the 35president, and the chief financial officer The internal auditor shall 36periodically test and report on the institution’s internal controls to 37the audit committee, the institution’s president, chief financial 38officer, and other senior members of the institution’s administrative 39staff 40 41 1[6.] 5.1 (New section) a The governing board of a public 42research university or a State college shall retain an independent 43outside auditor who is a certified public accountant to conduct 1an1 44annual 1[audits] audit1 of the institution’s financial accounts in 45accordance with 1nationally recognized auditing and accounting 46standards 1[established] adopted1 by the commission The 47independent auditor shall be selected by a majority vote of the A3245 [1R] DIEGNAN, CRYAN 4 11[full membership of the board] members of the board present 2upon the recommendation of the audit committee The governing board of the institution shall not retain an 4independent auditor that employed the president, chief financial 5officer, controller, chief accounting officer, or any person holding 6an equivalent position at the institution during the one-year period 7preceding the audit or that fails to meet any other limitations or 8restrictions established by the commission 1The governing board 9shall ensure the independence of the auditor 10 b The independent outside auditor shall report his findings to 11the audit committee The audit committee shall review the 12problems identified through the audit with the institution’s 13president, chief financial officer, and other senior members of the 14institution’s administrative staff who shall evaluate the independent 15auditor’s findings and file comments in response to those findings 16with the audit committee 17 c The audit committee shall report the findings of the 18independent auditor and the evaluation of those findings by the 19institution’s senior staff to the governing board of the institution 20The audit committee shall recommend actions it deems necessary to 21rectify any identified deficiencies in internal controls 22 23 1[7.] 6.1 (New section) a The president and chief financial 24officer of a public research university or a State college shall 251submit the annual audit to the commission and shall certify 1that 26they have reviewed the financial statements 1[submitted to the 27commission] and that, based on their knowledge, the financial 28statements not contain any untrue statement of a material fact or 29omission of a material fact that makes the statements misleading 30and that, based on their knowledge, the financial statements present 31in all material respects the financial condition and results of 32operations of the institution 33 b 1[The governing board of a] A1 public research university or 34a State college shall retain institutional financial 1[records] 35statements1 for a minimum period of time 1[as established by the 36commission] in accordance with accounting principles of the 37Governmental Accounting Standards Board 38 39 1[8 (New section) The governing board of a public research 40university or a State college shall require a criminal history record 41check of any person initially employed on or after the effective date 42of this act The check shall be conducted in accordance with 43procedures established by the commission The Secretary of Higher 44Education is authorized to receive criminal history record 45information from the State Bureau of Identification in the Division 46of State Police and the Federal Bureau of Investigation consistent 47with applicable State and federal laws, rules, and regulations.]1 A3245 [1R] DIEGNAN, CRYAN 1[9.] 7.1 (New section) In accordance with standards 2established by the [commission] Attorney General1, the governing 3board of a public research university or State college shall establish 4written policies and procedures that provide confidentiality in the 5reporting of alleged wrongdoing at the institution and protect 6employees from retaliatory action in accordance with the provisions 7of the “Conscientious Employee Protection Act,” P.L.1986, c.105 8(C.34:19-1 et seq.) 10 1[10.] 8.1 (New section) The commission shall submit to the 11Governor, and to the Legislature pursuant to section of P.L.1991, 12c.164 (C.52:14-19.1), recommendations for the establishment of 13penalties for noncompliance with the provisions of sections 1[5] 41 14through 1[9] 71 of this act 1, unless such penalties are otherwise 15established by law, including, but not limited to, fines and 16disciplinary action to be imposed upon a public research university 17or a State college or a member of the governing board or an 18employee of the institution 19 20 1[11.] 9.1 (New section) a In addition to the authority granted 21to the Commission on Higher Education pursuant to section 14 of 22P.L.1994, c.48 (C.18A:3B-14), the commission shall develop and 23enforce a code of standards to define and regulate the types of 24activities in which a governmental affairs agent is permitted to 25engage on behalf of a public research university or a State college 26 b Under the code of standards established pursuant to 27subsection a of this section, a governmental affairs agent, whether 28employed directly or retained under contract by the institution, shall 29be prohibited from using the position as an agent of the institution 30to: 31 (1) solicit political campaign contributions from the institution 32directly or through personnel on behalf of the institution; 33 (2) engage in or recommend on behalf of the institution any 34involvement in the partisan activities of specific political parties or 35candidates; or 36 (3) support or promote directly or indirectly on behalf of the 37institution any specific political party or individual for election or 38re-election 39 Under the code of standards, the commission shall not prohibit a 40governmental affairs agent from engaging on behalf of a public 41research university or a State college concerning legitimate 42nonpartisan and bipartisan activities that are vital to the election 43process including, but not limited to, the scheduling and holding of 44on-campus political debates, voter-registration drives, and similar 45nonpartisan and bipartisan events and activities 46 47 1[12.] 10.1 (New section) a Notwithstanding any law, rule or 48regulation to the contrary, a governmental affairs agent who is A3245 [1R] DIEGNAN, CRYAN 1retained by a governing board of a public research university or a 2State college shall file a notice of representation pursuant to section 34 of P.L.1971, c.183 (C.52:13C-21), quarterly reports specific to 4that representation pursuant to section of P.L.1971, c.183 5(C.52:13C-22), and annual reports specific to that representation 6pursuant to section of P.L.1981, c.150 (C.52:13C-22.1) This 7requirement shall not be deemed to require filings by any person 8performing services as an employee of the public research 9university or State college 10 b The Election Law Enforcement Commission shall transmit to 11the Legislature, pursuant to section of P.L.1991, c.164 (C.52:141219.1), a copy of an annual report filed by a governmental affairs 13agent pursuant to subsection a of this section within 30 days 14following the filing of the report 15 16 1[13.] 11.1 (New section) Any proposed contract to retain the 17services of a governmental affairs agent shall be considered by the 18governing board of a public research university or a State college at 19a public meeting and approval of the contract shall require the 20adoption of a resolution by a majority of the board members 211present at the meeting1 22 23 1[14.] 12.1 (New section) a The governing board of a public 24research university or a State college shall establish 1[a professional 25services committee composed of a minimum of five voting 26members of the board The professional services committee shall 27have a written charter that addresses the committee’s purpose and 28responsibilities] policies concerning professional services 29contracts which, at a minimum, shall include 1[: 30 (1) evaluating and recommending board action concerning 31professional services contracts; and 32 (2) reviewing] procedures for the review of proposed 33professional services contracts to verify the need for the proposed 34services, determine whether conflicts of interest exist between the 35vendor and the institution, ensure appropriate procurement 36procedures are utilized, determine whether the proposed 37compensation is reasonable, and monitor the services delivered by 38the vendor 39 b The 1[professional services committee] institution1 shall 40prepare an annual 1[professional services committee]1 report 1on 41professional services contracts for submission to the institution’s 42governing board 43 1[15.] 13.1 (New section) The governing board of a public 44research university or a State college shall establish an executive 45committee composed of the chairman of the governing board, the 46vice-chairman, and the chairmen of any committees established by 47he board, and such other voting members as may be appointed by 48the board The executive committee shall have a written charter A3245 [1R] DIEGNAN, CRYAN 1that defines the committee’s purpose, responsibilities, and its 2authority to act on behalf of the governing board between meetings 3of the full board The 1[deliberations of the executive committee shall be recorded 5through the preparation of committee meeting minutes] committee 6shall keep minutes of its meetings 1[16.] 14.1 (New section) a The governing board of a public 9research university or a State college shall establish a compensation 10committee 1[composed of a minimum of five voting members of the 11board]1 The compensation committee shall have a written charter 12that addresses the committee’s purpose and responsibilities which 13shall include, but not be limited to: 14 (1) establishing and evaluating the compensation for the 15president, vice-presidents, and other senior administrators of the 16institution; and 17 (2) making recommendations to the board on issues relating to 18the compensation of the president, vice-presidents, and other senior 19administrators including the amounts, types, and components of 20compensation plans, and the performance measures and targets 21upon which institutional administrators shall be evaluated for 22purposes of calculating incentive awards 23 b The recommendations of the compensation committee shall 24be voted upon by the committee 1[and the committee’s 25deliberations shall be recorded through the preparation of 26committee meeting minutes] The committee shall keep minutes 27of its meetings 29 1[17.] 15.1 (New section) a The governing board of a public 30research university or a State college shall establish a nominations 31and governance committee 1[composed of a minimum of five 32voting members of the board]1 The 1nominations and1 33governance committee shall have a written charter that defines the 34committee’s purpose and responsibilities which shall include, but 35need not limited to: 36 (1) 1[monitoring and reporting all] overseeing1 matters directly 37affecting the governance of the institution; 38 (2) periodically reviewing and updating 1[institutional] board1 39by-laws; 40 (3) identifying and screening candidates for membership on the 41governing board; and 42 (4) referring candidates to the governing board for the 43consideration of the board in making its recommendations to the 44Governor on potential new members 1[pursuant to N.J.S.18A:64453]1 46 b In identifying candidates for appointment to the governing 47board, the committee shall seek individuals with skills that are 48appropriate to the mission of the institution and which compliment 49the range of expertise contributed to the governing board by its A3245 [1R] DIEGNAN, CRYAN 1existing members The committee shall seek candidates of diverse 2background and experience, as well as those with ties to the 3institution The recommendations of the nominations and governance 5committee shall be voted upon by the committee 1[and the 6committee’s deliberations shall be recorded through the preparation 7of committee meeting minutes] The committee shall keep 8minutes of its meetings c The governing board of a public research university or a State 10college shall establish 1[bylaws] criteria1 for the identification, 11qualification, and recommendation of prospective candidates for 12appointment to the board The 1[bylaws] criteria1 shall include 13qualification criteria that are consistent with the statutory 14responsibilities of the board and tailored to the institution 15 16 1[18.] 16.1 (New section) The governing board of a public 17research university or a State college shall develop and implement 18fundraising and development strategies that 1[require] encourage 19the active involvement of all board members and that, as may be 20appropriate, assist fundraising by institutional foundations 21 22 117 (New section) A public research university and State 23college shall provide information, orientation, and training to each 24of its governing board members on the legal and ethical 25responsibilities of a member of the governing board 27 1[19.] 18.1 (New section) 1[A] a When a public 1[institution 28of higher education seeking to change] research university or a 29State college determines to seek a change to its programmatic 30mission 1, the university or college shall submit to the commission: 31 1[a a preliminary request for approval to pursue planning 32activities regarding a possible change in the programmatic mission 33of the institution] (1) a notice of the intent to seek a change to the 34institution’s programmatic mission 1; and 35 1[b.] (2)1 a petition for approval for a change in the 36programmatic mission of the institution 1, when such petition is 37ready for submission The petition shall include information on 38the long-term costs of the change in programmatic mission and a 39cost-benefit analysis of the expected impact of the change that 40considers the expected needs of the State and the potential impact of 41the change on other academic programs of the institution 42 1b The commission shall issue its response to the petition 43within one year of its receipt 45 1[20.] 19.1 (New section) The commission shall convene a 46meeting, at least once a year, of representatives of all public and 47independent institutions of higher education to discuss issues 48related to the development and implementation of new degree 49programs A3245 [1R] DIEGNAN, CRYAN 1[21.] 20.1 (New section) a A public 1[institution of higher 3education] research university or a State college shall submit a 4long-range facilities plan 1on projects to be developed with State 5funds1 to the commission for its review and recommendations 61The long range facilities plan shall be amended at least once every 7five years The plan shall detail the facilities needs of the 8institution and the institution’s plans to address those needs for the 9ensuing five years 10 b In developing its response to the plan, the commission shall 11consider the 1overall facilities needs of the institution, long-term 12fiscal implications of the 1[expenditure] plan1 including the debt 13burden of the institution, the relation of the facilities 1plan1 to the 14academic and student service programs of the institution, and the 15extent and cost of any deferred maintenance of the institution 1The 16commission shall issue its response to the plan within one full 17semester of its receipt 18 c An amendment to a long-range facilities plan may be 19submitted at any time to the commission for its review and 20recommendations 21 22 121 (New section) a A State college or county college may 23enter into a contract with a private entity that permits the private 24entity to assume full financial and administrative responsibility for 25the on-campus construction, reconstruction, repair, alteration, 26improvement or extension of a building, structure, or facility of the 27institution, provided that the project is financed in whole by the 28private entity and that the State or institution of higher education, as 29applicable, retains full ownership of the land upon which the project 30is completed and of any building, structure, or other property 31resulting from the project 32 b A private entity that assumes financial and administrative 33responsibility for a project pursuant to subsection a of this section 34shall be subject to the procurement and contracting requirements of 35all statutes applicable to the institution of higher education at which 36the project is completed, including, but not limited to, the “State 37College Contracts Law,” P.L.1986, c.43 (C.18A:64-52 et seq.), and 38the “County College Contracts Law,” P.L.1982, c.189 (C.18A:64A3925.1 et seq.) 40 c Each worker employed in the construction or rehabilitation of 41facilities by a private entity that has entered into a contract with a 42State or county college pursuant to subsection a of this section shall 43be paid not less than the prevailing wage rate for the worker’s craft 44or trade as determined by the Commissioner of Labor and 45Workforce Development pursuant to P.L.1963, c.150 (C.34:11-56.25 46et seq.) 47 A3245 [1R] DIEGNAN, CRYAN 36 The [Board of] Commission on Higher Education shall 2determine the allocation of moneys deposited into the trust fund 3resulting from the issuance by the authority of new bonds because 4of the retirement of bonds previously issued by the authority The facilities funded by grants from the trust fund shall follow 6the principles of affirmative action and equal opportunity 7employment In furtherance of these principles, the [Board of] 8Commission on Higher Education shall continue its policy of 9encouraging institutions to solicit bids from, and award contracts to, 10minority and women-owned businesses 11(cf: P.L.1993, c.375, s.5) 12 13 1[52.] 54.1 Section of P.L.1993, c.375 (C.18A:72A-54) is 14amended to read as follows: 15 a The governing board of a public or private institution of 16higher education may determine, by resolution, to apply for a grant 17from the trust fund Upon adoption of the resolution, the board 18shall file an application with the [Board of] Commission on Higher 19Education, which application shall include a complete description 20of the project to be financed and an identification of any additional 21sources of revenue to be used 22 b The [Board of] Commission on Higher Education shall 23review the application and, by resolution, approve or disapprove the 24grant For each grant which is approved, the [board] commission 25shall establish the amount and shall forward a copy of the resolution 26along with the amount of the grant to the authority 27 c The [Board of] Commission on Higher Education shall 28submit to the Legislature a copy of the resolution approving the 29grant along with the amount of the grant If the Legislature does 30not disapprove the grant by the adoption of a concurrent resolution 31within 60 days, the grant shall be deemed to be authorized In 32addition, the resolution approving the grant for the new 33instructional and research facility for Rutgers, The State University, 34School of Law, Newark, shall be submitted by the [board] 35commission to the Joint Budget Oversight Committee for its 36approval prior to the [board's] commission’s submission of the 37resolution to the Legislature The [board] commission shall 38provide to the committee such information concerning the grant as 39the committee may require for its consideration 40 d Each grant awarded under this act shall be contingent upon 41the recipient governing board entering into a contract or contracts 42for the commencement of the construction, reconstruction, 43development, extension, or improvement of the facility within one 44year of the date on which the funds of the grant are made available 45(cf: P.L.1993, c.375, s.6) 46 47 1[53.] 55.1 Section of P.L.1993, c.375 (C.18A:72A-55) is 48amended to read as follows: A3245 [1R] DIEGNAN, CRYAN 37 In order to ensure the most effective utilization of the moneys 2in the trust fund and to guide governing boards which elect to apply 3for a grant, the [Board of] Commission on Higher Education shall 4establish a list of selection criteria and shall specify the information 5to be included in a grant application 6(cf: P.L.1993, c.375, s.7) 1[54.] 56.1 Section of P.L.1993, c.375 (C.18A:72A-56) is 9amended to read as follows: 10 In order to ensure proper oversight and review, there is 11created the "Higher Education Facilities Trust Fund Board" which 12shall consist of [six] five members as follows: the Chair and Vice 13Chair of the [Board of] Commission on Higher Education; the 14State Treasurer or a designee; the President of the Senate or a 15designee; and the Speaker of the General Assembly or a designee[; 16and the Chancellor of Higher Education who shall serve ex officio 17without vote] The board shall ensure that the revenue provided to 18the trust fund is adequate to support the grants approved by the 19[Board of] Commission on Higher Education At the end of each 20three-year period following the approval of this act, the board shall 21review, in consultation with the [Board of] Commission on Higher 22Education, the physical plant needs of public and private 23institutions of higher education in the State and shall recommend to 24the Governor and the Legislature a plan to increase, as necessary, 25the availability and uses of grants made from the trust fund 26(cf: P.L.1993, c.375, s.8) 27 28 157 Section of P.L.1993, c.375 (C.18A:72A-57) is amended to 29read as follows: 30 a The authority shall from time to time issue bonds or notes 31in an amount sufficient to finance the grants provided under this act 32and to finance the administrative costs associated with the approval 33process and the issuance of the bonds or notes, [except] provided 34that the total outstanding principal amount of the bonds or notes 35shall not exceed $220,000,000, except that all administrative costs 36associated with the approval process and the issuance of bonds shall 37not be included within the total aggregate principal amount of bonds 38issued, and the term of any bond issued shall not exceed 15 years 39In computing the foregoing limitation as to amount, there shall be 40excluded all bonds which shall be issued for refunding purposes, 41provided that the refunding shall be determined by the authority to 42result in a debt service savings The authority shall issue the bonds 43or notes in such manner as it shall determine in accordance with the 44provisions of P.L.1993, c.375 (C.18A:72A-49 et al.) and the "New 45Jersey educational facilities authority law," N.J.S.18A:72A-1 et 46seq., provided that no bonds or notes shall be issued pursuant to this 47section without the prior written consent of the State Treasurer 48Notwithstanding any other provision of law to the contrary, the A3245 [1R] DIEGNAN, CRYAN 38 1State Treasurer shall not consent to the issuance of any bonds or 2notes unless the amount scheduled for the annual debt service 3payments for each series of bonds or notes, consisting of the 4payment of interest and principal on the bonds or notes, are, as far 5as may be practicable, level for each fiscal year that any bonds or 6notes of the series are outstanding, except for a fiscal year in which 7the first or last payment on a series is the only payment made for 8that series during that fiscal year b Bonds or notes issued pursuant to this act shall not be in any 10way a debt or liability of the State or of any political subdivision 11thereof other than the authority and shall not create or constitute 12any indebtedness, liability or obligation of the State or of any 13political subdivision thereof, or be or constitute a pledge of the faith 14and credit of the State or of any political subdivision thereof, but all 15bonds or notes, unless funded or refunded by the bonds or notes of 16the authority, shall be payable solely from revenues of funds 17pledged or available for their payment as authorized by this act 18Each bond shall contain on its face a statement to the effect that the 19authority is obligated to pay the principal thereof, redemption 20premium, if any, or the interest thereon only from revenue or funds 21of the authority and that neither the State nor any political 22subdivision thereof is obligated to pay the principal thereof, 23redemption premium, if any, or interest thereon and that neither the 24faith and credit nor the taxing power of the State or of any political 25subdivision thereof is pledged to the payment of the principal of, 26redemption premium, if any, or the interest on the bonds 27 c The State of New Jersey does hereby pledge to and covenant 28and agree with the holders of any bonds or notes issued pursuant to 29the authorization of P.L.1993, c.375 (C.18A:72A-49 et al.) that the 30State shall not limit or alter the rights or powers hereby vested in 31the authority to perform and fulfill the terms of any agreement made 32with the holders of the bonds or notes, or to fix, establish, charge 33and collect such rents, fees, rates, payments, or other charges as 34may be convenient or necessary to produce sufficient revenues to 35meet all expenses of the authority and to fulfill the terms of any 36agreement made with the holders of the bonds and notes, together 37with interest thereon, with interest on any unpaid installments of 38interest, and all costs and expenses in connection with any action or 39proceedings by or on behalf of the holders, until the bonds and 40notes, together with interest thereon, are fully met and discharged or 41provided for.1 42(cf: P.L.1995, c.146) 43 44 1[55.] 58.1 Section 11 of P.L.1993, c.375 (C.18A:72A-58) is 45amended to read as follows: 46 11 The [Board of] Commission on Higher Education, in 47consultation with the New Jersey Educational Facilities Authority, 48shall adopt, pursuant to the "Administrative Procedure Act," A3245 [1R] DIEGNAN, CRYAN 39 1P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations 2necessary to carry out the provisions of this act 3(cf: P.L.1993, c.375, s.11) 159 Section of P.L.1997, c.238 (C.18A:72A-65) is amended to 6read as follows: 7 a The authority shall from time to time issue bonds or notes 8in an amount sufficient to finance the grants provided under this act 9and to finance the administrative costs associated with the approval 10process and the issuance of the bonds and notes for the purchase of 11higher education technology infrastructure for public and private 12institutions of higher education, provided that the total outstanding 13principal amount of the bonds and notes shall not exceed 14$55,000,000, except that all administrative costs associated with the 15approval process and the issuance of bonds shall not be included 16within the total aggregate principal amount of bonds issued, and the 17term of any bond issued shall not exceed 15 years In computing 18the foregoing limitation as to amount, there shall be excluded all 19bonds or notes which shall be issued for refunding purposes, 20provided that the refunding shall be determined by the authority to 21result in a debt service savings The State Treasurer is hereby 22authorized to enter into a contract with the authority pursuant to 23which the State Treasurer, subject to available appropriation, shall 24pay the amount necessary to pay the principal and interest on bonds 25and notes of the authority issued pursuant to this section 26 b Bonds or notes issued pursuant to this act shall not be in any 27way a debt or liability of the State or of any political subdivision 28thereof other than the authority and shall not create or constitute 29any indebtedness, liability or obligation of the State or of any 30political subdivision thereof, or be or constitute a pledge of the faith 31and credit of the State or of any political subdivision thereof, but all 32bonds or notes, unless funded or refunded by the bonds or notes of 33the authority, shall be payable solely from revenues of funds 34pledged or available for their payment as authorized by this act 35Each bond or note shall contain on its face a statement to the effect 36that the authority is obligated to pay the principal thereof, 37redemption premium, if any, or the interest thereon only from 38revenue or funds of the authority and that neither the State nor any 39political subdivision thereof is obligated to pay the principal 40thereof, redemption premium, if any, or interest thereon and that 41neither the faith and credit nor the taxing power of the State or of 42any political subdivision thereof is pledged to the payment of the 43principal of, redemption premium, if any, or the interest on the 44bonds 45 c The State of New Jersey does hereby pledge to and covenant 46and agree with the holders of any bonds or notes issued pursuant to 47P.L.1997, c.238 (C.18A:72A-59 et seq.) that the State shall not limit 48or alter the rights or powers hereby vested in the authority to A3245 [1R] DIEGNAN, CRYAN 40 1perform and fulfill the terms of any agreement made with the 2holders of the bonds or notes, or to fix, establish, charge and collect 3such rents, fees, rates, payments, or other charges as may be 4convenient or necessary to produce sufficient revenues to meet all 5expenses of the authority and to fulfill the terms of any agreement 6made with the holders of the bonds and notes, together with interest 7thereon, with interest on any unpaid installments of interest, and all 8costs and expenses in connection with any action or proceedings by 9or on behalf of the holders, until the bonds and notes, together with 10interest thereon, are fully met and discharged or provided for 11(cf: P.L.1997, c.238, s.7) 12 13 160 Section of P.L.1999, c.217 (C.18A:72A-78) is amended to 14read as follows: 15 a The authority shall from time to time issue bonds, notes or 16other obligations in an amount sufficient to finance the grants 17provided under this act and to finance the administrative costs 18associated with the approval process and the issuance of the bonds, 19notes, or other obligations, [except] provided that the total 20outstanding principal amount of the bonds, notes or other 21obligations shall not exceed $550,000,000, except that all 22administrative costs associated with the approval process and the 23issuance of bonds shall not be included within the total aggregate 24principal amount of bonds issued, and the term of any bond, note, or 25other obligation issued shall not exceed 30 years In computing the 26foregoing limitation as to amount, there shall be excluded all bonds, 27notes or other obligations which have been retired or which shall be 28issued for refunding purposes, provided that the refunding is 29determined by the authority to result in a debt service savings The 30authority shall issue the bonds, notes or other obligations in such 31manner as it shall determine in accordance with the provisions of 32P.L.1999, c.217 (C.18A:72A-72 et al.) and the "New Jersey 33educational facilities law," N.J.S.18A:72A-1 et seq., provided that 34no bonds, notes or other obligations shall be issued pursuant to this 35section without the prior written consent of the State Treasurer 36 b The State Treasurer is hereby authorized to enter into a 37contract with the authority pursuant to which the State Treasurer, 38subject to available appropriations, shall pay the amount necessary 39to pay the principal and interest on bonds, notes and other 40obligations of the authority issued pursuant to this act plus any 41amounts payable in connection with an agreement authorized under 42subsection e of this section The authority shall enter into a 43contractual agreement with each institution receiving a capital 44improvement fund grant, and the agreements shall be approved by a 45resolution of the authority All agreements with the four-year public 46institutions of higher education shall include provisions as may be 47necessary to insure that each institution pays an amount equal to 48one-third of the amount necessary to pay the principal and interest A3245 [1R] DIEGNAN, CRYAN 41 1on the bonds, notes and other obligations of the authority issued 2pursuant to this section to finance the projects approved at the 3institution plus its share of any amounts payable in connection with 4an agreement authorized under subsection e of this section All 5agreements with the four-year private institutions of higher 6education shall include provisions as may be necessary to insure 7that each institution pays an amount equal to one-half of the amount 8necessary to pay the principal and interest on the bonds, notes and 9other obligations of the authority issued pursuant to this section to 10finance the projects approved at the institution plus its share of any 11amounts payable in connection with an agreement authorized under 12subsection e of this section Upon receipt of the moneys from the 13public or private institutions of higher education, the authority shall 14apply the moneys in a manner specified in the contract with the 15State Treasurer 16 c Bonds, notes or other obligations issued pursuant to this act 17shall not be in any way a debt or liability of the State or of any 18political subdivision thereof other than the authority and shall not 19create or constitute any indebtedness, liability or obligation of the 20State or of any political subdivision thereof, or be or constitute a 21pledge of the faith and credit of the State or of any political 22subdivision thereof, but all bonds, notes or other obligations, unless 23funded or refunded by the bonds, notes or other obligations of the 24authority, shall be payable solely from revenues of funds pledged or 25available for their payment as authorized by this act Each bond, 26note or other obligation shall contain on its face a statement to the 27effect that the authority is obligated to pay the principal thereof, 28redemption premium, if any, or the interest thereon only from 29revenue or funds of the authority, and that neither the State nor any 30political subdivision thereof is obligated to pay the principal 31thereof, redemption premium, if any, or interest thereon, and that 32neither the faith and credit nor the taxing power of the State or of 33any political subdivision thereof is pledged to the payment of the 34principal of, redemption premium, if any, or the interest on the 35bonds, notes or other obligations 36 d The State of New Jersey does hereby pledge to and covenant 37and agree with the holders of any bonds, notes or other obligations 38issued pursuant to the authorization of P.L.1999, c.217 (C.18A:72A3972 et al.) that the State shall not limit or alter the rights or powers 40hereby vested in the authority to perform and fulfill the terms of any 41agreement made with the holders of the bonds, notes or other 42obligations, or to fix, establish, charge and collect such rents, fees, 43rates, payments, or other charges as may be convenient or necessary 44to produce sufficient revenues to meet all expenses of the authority 45and to fulfill the terms of any agreement made with the holders of 46the bonds, notes and other obligations together with interest 47thereon, with interest on any unpaid installments of interest, and all 48costs and expenses in connection with any action or proceedings by A3245 [1R] DIEGNAN, CRYAN 42 1or on behalf of the holders, until the bonds, notes and other 2obligations, together with interest thereon, are fully met and 3discharged or provided for e In connection with any bonds or refunding of bonds issued 5pursuant to this section, the authority may also enter into any 6revolving credit agreement; agreement establishing a line of credit 7or letter of credit; reimbursement agreement; interest rate exchange 8agreement; currency exchange agreement; interest rate floor cap, 9option, put or call to hedge payment, currency, rate, spread or 10similar exposure, or similar agreement; float agreement; forward 11agreement; insurance contract; surety bond; commitment to 12purchase or sell bonds; purchase or sale agreement; or commitment 13or other contract or agreement or other security agreement approved 14by the authority 15(cf: P.L.1999, c.217, s.7) 16 17 161 Section of P.L.1999, c.184 (C.18A:74-28) is amended to 18read as follows: 19 a The authority shall from time to time issue bonds, notes or 20other obligations in an amount sufficient to finance the grants 21provided under P.L.1999, c.184 (C.18A:74-24 et al.) and to finance 22the administrative costs associated with the approval process and 23the issuance of the bonds, notes, or other obligations, provided 24[however] that the aggregate principal amount of the bonds, notes 25or other obligations shall not exceed $45,000,000, except that all 26administrative costs associated with the approval process and the 27issuance of bonds shall not be included within the total aggregate 28principal amount of bonds issued, and the term of any bond, note, or 29other obligation issued shall not exceed 30 years In computing the 30foregoing limitation as to amount, there shall be excluded all bonds, 31notes or other obligations which have been retired or which shall be 32issued for refunding purposes, provided that the refunding is 33determined by the authority to result in a debt service savings 34The authority shall issue the bonds, notes or other obligations in 35such manner as it shall determine in accordance with the provisions 36of P.L.1999, c.184 (C.18A:74-24 et al.) and the "New Jersey 37educational facilities authority law," N.J.S.18A:72A-1 et seq., 38provided that no bonds, notes or other obligations shall be issued 39pursuant to this section without the prior written consent of the 40State Treasurer 41 b The State Treasurer is hereby authorized to enter into a 42contract with the authority pursuant to which the State Treasurer, 43subject to available appropriations, shall pay the amount necessary 44to pay the principal and interest on bonds, notes and other 45obligations of the authority issued pursuant to P.L.1999, c.184 46(C.18A:74-24 et al.) plus any amounts payable in connection with 47an agreement authorized under subsection f of this section A3245 [1R] DIEGNAN, CRYAN 43 c The authority shall enter into a contractual agreement with 2the appropriate local governing entity in the area served by the 3public library, and the agreement shall be approved by a resolution 4of the authority Each agreement with an appropriate entity shall 5include provisions as may be necessary to ensure that the entity 6shall provide an amount equal to 300% of the grant amount The authority may enter into a loan agreement with the 8appropriate local governing entity in the area served by the public 9library to finance the entity's matching amounts for the project 10including, but not limited to, the payment of principal and interest 11on the bonds, notes and other obligations of the authority issued 12pursuant to this section or its share of any amount payable in 13connection with an agreement authorized pursuant to this section or 14the entity's share of any amount payable in connection with an 15agreement authorized under subsection f of this section The loan 16may be secured by the entity's guarantee or the issuance of county 17or municipal bonds to the authority in a private sale 18 d Bonds, notes or other obligations issued pursuant to 19P.L.1999, c.184 (C.18A:74-24 et al.) shall not be in any way a debt 20or liability of the State or of any political subdivision thereof other 21than the authority and shall not create or constitute any 22indebtedness, liability or obligation of the State or of any political 23subdivision thereof, or be or constitute a pledge of the faith and 24credit of the State or of any political subdivision thereof, but all 25bonds, notes or other obligations, unless funded or refunded by the 26bonds, notes or other obligations of the authority, shall be payable 27solely from revenues of funds pledged or available for their 28payment as authorized by P.L.1999, c.184 (C.18A:74-24 et al.) 29Each bond, note or other obligation shall contain on its face a 30statement to the effect that the authority is obligated to pay the 31principal thereof, redemption premium, if any, or the interest 32thereon only from revenue or funds of the authority, and that 33neither the State nor any political subdivision thereof is obligated to 34pay the principal thereof, redemption premium, if any, or interest 35thereon, and that neither the faith and credit nor the taxing power of 36the State or of any political subdivision thereof is pledged to the 37payment of the principal of, redemption premium, if any, or the 38interest on the bonds, notes or other obligations 39 e The State of New Jersey does hereby pledge to and covenant 40and agree with the holders of any bonds, notes or other obligations 41issued pursuant to the authorization of P.L.1999, c.184 (C.18A:744224 et al.) that the State shall not limit or alter the rights or powers 43hereby vested in the authority to perform and fulfill the terms of any 44agreement made with the holders of the bonds, notes or other 45obligations, or to fix, establish, charge and collect such rents, fees, 46rates, payments, or other charges as may be convenient or necessary 47to produce sufficient revenues to meet all expenses of the authority 48and to fulfill the terms of any agreement made with the holders of A3245 [1R] DIEGNAN, CRYAN 44 1the bonds, notes and other obligations together with interest 2thereon, with interest on any unpaid installments of interest, and all 3costs and expenses in connection with any action or proceedings by 4or on behalf of the holders, until the bonds, notes and other 5obligations, together with interest thereon, are fully met and 6discharged or provided for f In connection with any bonds or refunding of bonds issued 8pursuant to this section, the authority may also enter into any 9revolving credit agreement; agreement establishing a line of credit 10or letter of credit; reimbursement agreement; interest rate exchange 11agreement; currency exchange agreement; interest rate floor cap, 12option, put or call to hedge payment, currency, rate, spread or 13similar exposure, or similar agreement; float agreement; forward 14agreement; insurance contract; surety bond; commitment to 15purchase or sell bonds; purchase or sale agreement; or commitment 16or other contract or agreement or other security agreement approved 17by the authority 18(cf: P.L.1999, c.184, s.5) 19 20 1[56.] 62.1 Section 10 of P.L.1971, c.183 (C.52:13C-27) is 21amended to read as follows: 22 10 This act shall not apply to the following activities: 23 a the publication or dissemination, in the ordinary course of 24business, of news items, advertising which does not constitute 25communication with the general public, editorials or other 26comments by a newspaper, book publisher, regularly published 27periodical, or radio or television station, including an owner, editor 28or employee thereof; 29 b acts of an officer or employee of the Government of this State 30or any of its political subdivisions, or of the Government of the 31United States or of any State or territory thereof or any of their 32political subdivisions, in carrying out the duties of their public 33office or employment, except as provided in section 1[12] 101 of 34P.L ,c (C )(pending before the Legislature as this bill) ; 35 c acts of bona fide religious groups acting solely for the 36purpose of protecting the public right to practice the doctrines of 37such religious groups; 38 d acts of a duly organized national, State or local committee of 39a political party; 40 e acts of a person in testifying before a legislative committee or 41commission, at a public hearing duly called by the Governor on 42legislative proposals or on legislation passed and pending his 43approval, or before any officer or body empowered by law to issue, 44promulgate or adopt administrative rules and regulations in behalf 45of a nonprofit organization incorporated as such in this State who 46receives no compensation therefor beyond the reimbursement of 47necessary and actual expenses, and who makes no other 48communication with a member of the Legislature, legislative staff, A3245 [1R] DIEGNAN, CRYAN 45 1the Governor, the Governor's staff, or an officer or staff member of 2the Executive Branch in connection with the subject of his 3testimony; f acts of a person in communicating with or providing benefits 5to a member of the Legislature, legislative staff, the Governor, the 6Governor's staff, or an officer or staff member of the Executive 7Branch if such communication or provision of benefits is 8undertaken by him as a personal expression and not incident to his 9employment, even if it is upon a matter relevant to the interests of a 10person by whom or which he is employed, and if he receives no 11additional compensation or reward, in money or otherwise, for or as 12a result of such communication or provision of benefits; 13 g with regard to influencing governmental processes as defined 14in subsections t and u of section of P.L.1971, c.183 (C.52:13C1520) any communications, matters or acts of an attorney falling 16within the attorney-client privilege while engaging in the practice of 17law to the extent that confidentiality is required in order for the 18attorney to exercise his ethical duties as a lawyer; and 19 h with regard to influencing governmental processes as defined 20in subsections t and u of section of P.L.1971, c.183 (C.52:13C2120) any communications, matters or acts involving collective 22negotiations, or the interpretation or violation of collective 23negotiation agreements, of a labor organization of any kind which 24exists or is constituted for the purpose, in whole or in part, of 25collective bargaining, or of dealing with employers concerning the 26grievances, terms or conditions of employment, or of other mutual 27aid or protection in connection with employment 28(cf: 2004, c.27, s.18) 29 30 163 Section 28 of P.L.1986, c.43 (C.18A:64-79) is amended to 31read as follows: 32 28 A State college may only enter a contract exceeding 36 33consecutive months for the: 34 a Supplying of fuel and oil for heating and other purposes and 35utilities for any term not exceeding in the aggregate five years; or 36 b Plowing and removal of snow and ice for any term not 37exceeding in the aggregate five years; or 38 c Collection and disposal of garbage and refuse for any term 39not exceeding in the aggregate five years; or 40 d Purchase, lease or servicing of information technology for 41any term of not more than five years; or 42 e Insurance for any term of not more than five years; or 43 f Leasing or service of automobiles, motor vehicles, 44machinery and equipment of every nature and kind for any term not 45exceeding in the aggregate five years; or 46 g (Deleted by amendment, P.L.2005, c.369) 47 h Providing of food supplies and services, including food 48supplies and management contracts for student centers, dining A3245 [1R] DIEGNAN, CRYAN 46 1rooms, vending operations, and cafeterias, for a term not exceeding 2[five] 30 years; or i Performance of work or services or the furnishing of 4materials or supplies for the purpose of conserving energy in 5buildings owned by, or operations conducted by, the contracting 6unit, the entire price of which is to be established as a percentage of 7the resultant savings in energy costs, for a term not exceeding 10 8years; provided that a contract is entered into only subject to and in 9accordance with rules and regulations adopted and guidelines 10promulgated by the Board of Public Utilities establishing a 11methodology for computing energy cost savings; or 12 j Any single project for the construction, reconstruction or 13rehabilitation of a public building, structure or facility, or a public 14works project, including the retention of the services of an architect, 15engineer, construction manager, or other consultant in connection 16with the project, for the length of time necessary for the completion 17of the actual construction; or 18 k The management and operation of bookstores, performing 19arts centers, residence halls, parking facilities and building 20operations for a term not exceeding [five] 30 years; or 21 l The provision of banking, financial services, and e22commerce services for a term not exceeding five years; or 23 m The provision of services for maintenance and repair of 24building systems, including, but not limited to, fire alarms, fire 25suppression systems, security systems, and heating, ventilation, and 26air conditioning systems for a term not exceeding five years; or 27 n Purchase of alternative energy or the purchase or lease of 28alternative energy services or equipment for conservation or cost 29saving purposes for a term not exceeding 10 years 30 All multiyear leases and contracts entered into pursuant to this 31section, except contracts and agreements for the provision of work 32or the supplying of equipment to promote energy conservation and 33authorized pursuant to subsection i of this section, shall contain a 34clause making them subject to the availability and appropriation 35annually of sufficient funds to meet the extended obligation or 36contain an annual cancellation clause 37(cf: P.L.2005, c.369, s.16) 38 39 164 Section of P.L.1971, c.12 (C.18A:64A-22.1) is amended 40to read as follows: 41 Whenever the funds appropriated are insufficient to satisfy the 42State's share of capital projects for county colleges pursuant to 43N.J.S.18A:64A-22, additional State support for such projects shall 44be made available to counties in which county colleges are located 45for the payment of interest and principal on bonds and notes entitled 46to the benefits of this act and interest on notes issued in anticipation 47thereof and entitled to the benefits of the "County College Capital 48Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.), A3245 [1R] DIEGNAN, CRYAN 47 1provided that the total principal amount of such bonds and notes 2shall not exceed $265,000,000, except that all administrative costs 3associated with the approval process and the issuance of bonds shall 4not be included within the total aggregate principal amount of bonds 5issued.1 6(cf: P.L.2004, c.100) 165 Section 28 of P.L.1982, c.189 (C.18A:64A-25.28) is 9amended to read as follows: 10 28 Duration of certain contracts A county college may only 11enter into a contract exceeding 24 consecutive months for the: 12 a Supplying of: 13 (1) Fuel for heating purposes for any term not exceeding in the 14aggregate three years; or 15 (2) Fuel or oil for use in automobiles, autobuses, motor vehicles 16or equipment for any term not exceeding in the aggregate three 17years; or 18 b Plowing and removal of snow and ice for any term not 19exceeding in the aggregate three years; or 20 c Collection and disposal of garbage and refuse for any term 21not exceeding in the aggregate three years; or 22 d Providing goods or services for the use, support or 23maintenance of proprietary computer hardware, software 24peripherals and system development for the hardware for any term 25of not more than five years; or 26 e Insurance, including the purchase of insurance coverages, 27insurance consultant or administrative services, and including 28participation in a joint self-insurance fund, risk management 29programs or related services provided by a county college insurance 30group, or participation in an insurance fund established by a county 31pursuant to N.J.S.40A:10-6, for any term of not more than three 32years; or 33 f Leasing or service of automobiles, motor vehicles, electronic 34communications equipment, machinery and equipment of every 35nature and kind for any term not exceeding in the aggregate five 36years; or 37 g Supplying of any product or rendering of any service by a 38company providing voice, data, transmission or switching services, 39for a term not exceeding five years; or 40 h The providing of food supplies and services, including food 41supplies and management contracts for student centers, dining 42rooms and cafeterias, for a term not exceeding [three] 30 years; or 43 i The performance of work or services or the furnishing of 44materials or supplies for the purpose of conserving energy through 45energy efficiency equipment or demand response equipment, 46including combined heat and power facilities, in, at, or adjacent to, 47buildings owned by, or operations conducted by, the contracting 48unit, the entire price of which is to be established as a percentage of A3245 [1R] DIEGNAN, CRYAN 48 1the resultant savings in energy costs, for a term not exceeding 15 2years; provided that a contract is entered into only subject to and in 3accordance with guidelines promulgated by the Board of Public 4Utilities establishing a methodology for computing energy cost 5savings As used in this subsection, "combined heat and power 6facilities" means facilities designed to produce both heat and 7electricity from a single heat source; or j Any single project for the construction, reconstruction or 9rehabilitation of a public building, structure or facility, or a public 10works project including the retention of the services of an architect 11or engineer in connection with the project, for the length of time 12necessary for the completion of the actual construction; or 13 k The management and operation of bookstores for a term not 14exceeding [five] 30 years; or 15 l Custodial or janitorial services for any term not exceeding in 16the aggregate three years; or 17 m Child care services for a term not exceeding three years; or 18 n Security services for a term not exceeding three years; or 19 o Ground maintenance services for a term not exceeding three 20years; or 21 p Laundering, dry-cleaning or rental of uniforms for a term not 22exceeding three years; or 23 q The performance of work or services or the furnishing of 24materials and supplies for the purpose of producing class I 25renewable energy, as that term is defined in section of P.L.1999, 26c.23 (C.48:3-51), at, or adjacent to, buildings owned by, or 27operations conducted by, the contracting unit, the entire price of 28which is to be established as a percentage of the resultant savings in 29energy costs, for a term not to exceed 15 years; provided, however, 30that these contracts shall be entered into only subject to and in 31accordance with guidelines promulgated by the Board of Public 32Utilities establishing a methodology for computing energy cost 33savings and energy generation costs 34 All multi-year leases and contracts entered into pursuant to this 35section, except contracts and agreements for the provision of work 36or the supplying of equipment to promote energy conservation 37through energy efficiency equipment or demand response 38equipment, including combined heat and power facilities, and 39authorized pursuant to subsection i of this section, or the 40production of class I renewable energy and authorized pursuant to 41subsection q of this section, and except contracts for insurance 42coverages, insurance consultant or administrative services, 43participation or membership in a joint self-insurance fund, risk 44management programs or related services of a county college 45insurance group, and participation in an insurance fund established 46by a county pursuant to N.J.S.40A:10-6 or a joint insurance fund 47established pursuant to P.L.1983, c.372 (C.40A:10-36 et seq.), shall 48contain a clause making them subject to the availability and A3245 [1R] DIEGNAN, CRYAN 49 1appropriation annually of sufficient funds to meet the extended 2obligation or contain an annual cancellation clause 3(cf: P.L 2008, c.83, s.2) 166 (New section) Sections 66 through 68 of P.L , c (C ) 6(pending before the Legislature as this bill) shall be known and may 7be cited as the "Higher Education Partnership Agreements Act." 167 (New section) As used in sections 66 through 68 of P.L , 10c (C ) (pending before the Legislature as this bill): 11 "Board" means the Local Finance Board established in the 12Division of Local Government Services in the Department of 13Community Affairs 14 "Bonds" mean bonds, notes or other obligations issued to finance 15or refinance higher education projects by a municipality, or on 16behalf of a municipality by a county improvement authority created 17pursuant to the "county improvement authorities law," P.L.1960, 18c.183 (C.40:37A-44 et seq.) 19 "Higher education partnership agreement" means an agreement 20between a municipality and an institution of higher education 21providing for the issuance of bonds by the municipality, a county 22improvement authority or a redevelopment entity, and the pledge of 23payments by the institution of higher education to secure those 24bonds to finance a higher education project, or part thereof 25 “Higher education project” means the establishment and 26construction of higher education buildings and the expansion and 27construction of additional facilities at, and the acquisition of 28additional and upgraded equipment for existing higher education 29buildings, including but not limited to the planning, erecting, 30purchasing, improving, developing, constructing, reconstructing, 31extending, rehabilitating, renovating, upgrading, demolishing and 32equipping of facilities at institutions of higher education 33 “Institution of higher education" means: Rutgers, The State 34University; a State college or university established pursuant to 35chapter 64 of Title 18A of the New Jersey Statutes; the New Jersey 36Institute of Technology; the University of Medicine and Dentistry 37of New Jersey; a county college and any other public university or 38college now or hereafter established or authorized by State law; and 39any college or university incorporated and located in New Jersey, 40which by virtue of law or character or license is a nonprofit 41educational institution authorized to grant academic degrees and 42which provides a level of education which is equivalent to the 43education provided by the State's public institutions of higher 44education, as attested by the receipt of and continuation of regional 45accreditation by the Middle States Association of Colleges and 46Schools, and which is eligible to receive State aid under the 47provisions of the Constitution of the United States and the 48Constitution of the State of New Jersey, but does not include any A3245 [1R] DIEGNAN, CRYAN 50 1educational institution dedicated primarily to the education or 2training of ministers, priests, rabbis or other professional persons in 3the field of religion "Municipality" means the municipal governing body or an entity 5acting on behalf of the municipality if permitted by the federal 6Internal Revenue Code of 1986, or, if a redevelopment agency or 7redevelopment entity is established in the municipality pursuant to 8P.L.1992, c.79 (C.40A:12A-1 et seq.) and the municipality so 9provides, the redevelopment agency or entity so established 10 11 168 (New section) A municipality and an institution of higher 12education may enter into a higher education partnership agreement 13for the development of a higher education project The board shall 14promulgate rules and regulations, modeled after the procedures and 15protections set forth in the “Redevelopment Area Bond Financing 16Law,” sections through 10 of P.L.2001, c.310 (C.40A:12A-64 et 17seq.), within 120 days following the adoption of P.L , c 18(C ) (pending before the Legislature as this bill) in order to 19effectuate the purposes of this section 20 21 1[57.] 69.1 This act shall take effect on the 180th day after the 22date of enactment, but the Commission on Higher Education may 23take such anticipatory administrative action in advance thereof as 24shall be necessary for the implementation of this act ... Rutgers, The State University 1 4of New Jersey, the University of Medicine and Dentistry of New 1 5Jersey, and the New Jersey Institute of Technology; 16 ? ?State college” means the State colleges... thereof; 29 b acts of an officer or employee of the Government of this State 30or any of its political subdivisions, or of the Government of the 31United States or of any State or territory thereof... 39treasurer, the board of governors of the university, the board of 40trustees of the New Jersey Institute of Technology, the board of 41trustees of a State college, the board of trustees of a county college