Construction Bond Fund:
Regulations
STATE
DIVISION OF THE STATE LIBRARY
Public Library Project Grant Program
Adopted New Rules:
N.J.A.C. 15:21-11
Proposed: February 20, 2001 at 33 NJR 633(a).
Adopted: April 16, 2001 by the Public Library Construction
Advisory Board, DeForest B. Soaries, Jr. Chair and Secretary
of State.
Filed: April 16, 2001 as R. 2001 d.154 with substantive
and technical changes not requiring additional public
notice and comment (see NJAC 1:130-4.3)
Effective date: May 21, 2001 (CITE 33 N.J.R. 1620).
Expriation Date: March 10, 2005.
A summary of the sections
of N.J.A.C. 15:21-11 follows:
Social Impact
Many New Jersey residents
are currently using libraries that are lacking space
for technological and information services. Other residents
are using library facilities that are aging and that
cannot be adapted to meet the needs of patrons in this
information age. Many New Jersey public libraries require
new buildings, additions, and/or rehabilitation. Populations
in other New Jersey communities are increasing and are
projected to increase substantially in ten years. Residents
of these communities are inadequately served by present
facilities. Barrier free access and improved access
for the physically challenged is also essential for
New Jersey residents currently using library buildings
that do not meet standards for handicapped accessibility.
Ninety-six New Jersey
public libraries have responded to a New Jersey State
Library survey that they are planning new or improved
facilities. Municipalities and counties building or
rehabilitating library facilities will be able to upgrade
existing libraries to modern buildings. Residents of
municipalities and counties that receive funding will
be better able to access materials and services in an
updated library building. New Jersey's public library
community and the residents they serve will benefit
from the Public Library Project Grant Program.
Economic Impact
Implementation of N.J.A.C.
15:21-11 will have an overall positive economic impact
on the State. Workers in the construction, architectural
and engineering fields hired to work on library construction
as a result of the rules will be positively affected
economically.
The proposed new rules
will aid in the distribution of $45,000,000 worth of
bonds issued by the New Jersey Educational Facilities
Authority to fund library construction grants to municipalities
and counties that would otherwise have to absorb the
entire cost of construction. The rules will encourage
municipalities and counties to build new libraries and
additions, purchase new buildings and land, and extensively
rehabilitate existing or purchased buildings. The rules
will require a staff position to be added at the New
Jersey State Library.
Applicants for this
grant program will incur costs in planning. Fees for
architects, engineers, inspectors, and consultants may
be incurred. These costs will also be eligible costs
for funding in this grant program. Administrative costs
in staff time and application preparation will also
be incurred.
Upon receipt of a grant,
300 percent of the grant amount will be paid for by
applicants from local matching funds. Administrative
and staff time costs will also be incurred in compiling
a project expenditure report and may be incurred in
local supervision of the grant.
Federal Standards Statement
The proposed new rules
are not subject to Federal standards or requirements,
and a Federal standards analysis is not required for
this rulemaking.
Jobs Impact
A number of jobs in
the building industry will be created should these rules
take effect. Construction jobs as well as jobs in related
occupations will be created. Electricians, plumbers,
and painting and roofing contractors would all see an
impact. Engineers, architects, general and specialized
contractors will be involved in these projects. Companies
which specialize in library furniture will be furnishing
new libraries, library additions, and library rehabilitation
projects. The rules will require a staff position to
be added at the New Jersey State Library.
Agriculture Industry
Impact
The proposed new rules
will have no impact upon the agriculture industry.
Regulatory Flexibility
Statement
A regulatory flexibility
analysis is not required because the proposed new rules
do not impose reporting, recordkeeping or other compliance
requirements on small businesses. The proposed new rules
affect 253 municipal, joint, and county public libraries,
none of which, as governmental entities, are small businesses
as defined under the Regulatory Flexibility Act, N.J.S.A.
52:14B-16 et seq.
Full text of the new
rules follows:
SUBCHAPTER 11. PUBLIC
LIBRARY PROJECT GRANT PROGRAM
15:21-11.1
Purpose
The rules set forth
in this chapter provide for a Public Library Project
Grant Program, which authorizes the Public Library Construction
Advisory Board to supervise and administer State funds
to assist in the construction, expansion, rehabilitation
or acquisition of a public library building, pursuant
to the provisions of P.L. 1999, c.184 (N.J.S.A.18A:74-24
et seq.)
15:21-11.2
Definitions
The following words
and terms, when used in this subchapter, shall have
the following meanings, unless the context clearly indicates
otherwise:
"Applicant" means the
library, municipality, or county providing the matching
funds.
"Board" means the Public
Library Construction Advisory Board established pursuant
to section 3 of P.L. 1999, c.184 (C.18A:74-26).
"Public library" means
a municipal, county or joint library established pursuant
to N.J.S.A. 40:33-1 et seq. or 40:54-1 et seq.
"Rehabilitation" means
extensive renovation, alteration or reconstruction of
existing buildings to be used for public library purposes.
"Substantial changes"
means a 10 percent or more change in the eligible costs
as submitted in the application to the Board.
15:21-11.3
Eligible applicants
(a)
An eligible applicant is a municipal, county or joint
library established pursuant to N.J.S.A. 40:33-1 et
seq. or 40:54-1 et seq.
(b)
During the calendar year prior to submission of application,
the library shall have met all criteria for receipt
of State Library Aid (N.J.A.C. 15:21-2.7).
15:21-11.4
Eligible projects
(a)
The following projects are eligible for a grant:
1.
Construction of a new building to be used for public
library purposes;
2.
Construction of an addition to an existing building
to be used for public library purposes;
3.
Acquisition of land on which there is to be construction
of new buildings or expansion of existing buildings
to be used for public library purposes;
4.
Acquisition of a building to be used for public library
purposes;
5.
Rehabilitation of existing buildings to be used for
public library purposes, which may include but is not
limited to energy conservation, providing access for
the disabled, and bringing facilities into compliance
with current health and safety standards. The rehabilitation
must be extensive and clearly not routine maintenance
and repair; and
6.
Any combination of (a) 2, 4 or 5 above. The acquisition
of land can be added to the preceding combinations.
(b)
All projects shall meet the minimum size criteria in
N.J.A.C. 15:21-11.6, e 1 Table A.
1.
If the application combines a rehabilitation project,
and the construction of an addition, the total floor
space of the addition, when added to the floor space
of the existing structure, shall meet the minimum size
criteria in N.J.A.C. 15:21-11.6 (e) 1 Table A.
(c)
For each rehabilitation and/or acquisition project,
a building analysis shall be prepared by a registered
architect and shall be part of the application. The
architect or a building consultant shall prepare a building
program and such program shall be submitted as part
of the application. The architect shall certify that
the rehabilitated structure and all its component parts
shall have a life expectancy of 20 years or more. Studies
made by the architect regarding the following shall
be submitted in substantiation of the suitability and
practicality of the acquisition or rehabilitation:
1.
The building shall be examined to determine that it
is structurally sound;
2.
The building shall be examined to determine if it is
suitable for acquisition or rehabilitation and upon
completion will require no more than normal, annual
maintenance;
3.
An analysis of the space requirements and allocation
of space shall be made to determine if the structure,
as acquired or rehabilitated, will meet modern concepts
of library services to the community it serves; and
4.
An analysis of all mechanical aspects of construction
to determine the need for replacement or improvement.
(d)
The following projects are ineligible for a grant:
1.
A school-public library combination;
2.
Any project for which construction has been completed
prior to the enactment of P.L. 1999, c.184 (N.J.S.A.
18A:74-24 et seq.) on August 18, 1999;
3.
Refurbishing of an existing building (carpeting, painting,
etc.) when not part of a rehabilitation project; and
4.
Maintenance and repair.
15:21-11.5
Eligible project costs
(a)
In order to promote the construction of projects in
an economical manner, the Board, upon recommendation
of the State Librarian, shall periodically set a ceiling
on maximum per square foot project cost beyond which
project costs will not be eligible in the computation
of the State share of funding. Maximum square feet costs
of new construction and renovation has been set for:
1.
$160.00 per square foot for new construction;
2. $120.00 per square foot for renovation.
(b)
Should some portion of the proposed construction be
intended for use for other than library purposes, such
as municipal offices or a general municipal meeting
room, this space may not be included in the computation
of available square feet of space. Construction costs
relating to these non-public library use areas are not
eligible to be used for matching purposes. The application
shall clearly designate
the non-public library
use areas and their related costs. Grant awards shall
be reduced by the amount of those related costs.
(c) The cost of any
shared space submitted for grant funding shall be prorated
on the basis of the percentage of library use. For example,
a meeting room that shall be used 50 percent of the
time by the public library is eligible for funding at
only 50 percent of the cost.
(d) The following
project costs shall be eligible for grants, at the discretion
of the Board:
1. Construction of
new buildings and expansion, rehabilitation or acquisition
of existing buildings to be used for public library
purposes;
2. Expenses, other
than interest and the carrying charge on bonds, incurred
after August 18, 1999, related to the acquisition of
land on which there is to be construction of new buildings
or expansion of existing buildings or acquisition of
existing buildings to be used for public library purposes,
provided the expenses constitute an actual cost or a
transfer of public funds in accordance with the usual
procedures generally applicable to all State and local
agencies and institutions;
3. Site grading and
improvement of land on which buildings used for public
library purposes are located or are to be located;
4. Architectural,
engineering, consulting and inspection services related
to the specific project for which application for financial
assistance is made;
5. Expenses relating
to the acquisition and installation of equipment to
be located in public library facilities, including all
necessary building fixtures and utilities, furniture
and equipment, such as library shelving and filing equipment,
catalogs, cabinets, circulation desks, reading tables,
study carrels, and information retrieval devices including
video, voice, and data telecommunications equipment
and linkages with a useful life of 10 years or more
necessary for Internet access, but not including books
or other library materials. Only equipment to be used
in projects funded under this act is eligible. In no
case shall costs for furnishings and equipment that
are in excess of 30 percent of the total renovation
costs of the project be considered eligible for matching.
15:21-11.6 Project
criteria
(a) All applications
shall meet the requirements and criteria of this subchapter.
Exceptions may be allowed. Those interested in applying
for possible exceptions must request an interview and
present a written rationale to the State Librarian.
Exceptions will be considered if they fulfill the purposes
of the proposed or awarded grant more reasonably or
efficiently. The State Librarian will present the request
to the Public Library Construction Advisory Board for
final approval.
(b) The applicant
shall be in possession of a fee simple title or such
other estate or interest in the site, including access
thereto, as is sufficient to assure undisturbed use
and possession of the facilities for not less than 20
years. Ownership of site by the applicant includes ownership
of the land by the municipality(ies) of the applicant
or the county(ies) in the case of a county or regional
library application, provided that such land has been
formally dedicated to library use.
(c) The applicant
shall have local matching funds for the project (the
difference between project costs and the potential grant
award) which equal 300 percent of the grant amount before
final approval can be given. Within three months following
notification of eligibility for a grant award, evidence
shall be submitted by the applicant that funds have
been appropriated or bonds or debt have been authorized
for financing of the project. Such evidence shall include
copies of the ordinance of appropriation passed on final
reading and approved.
(d) Floor space is
meant to include total square footage of space available
for public library purposes including outer walls, areas
provided for mechanical equipment and maintenance requirements
and storage. These areas shall have heat, light and
ventilation and square footage commensurate with their
purposes.
(e) The estimated
population for 10 years after the year in which application
is made shall be used to determine the population base
of the area served by the applicant library. For areas
experiencing a population decline, the population estimate
of the New Jersey Department of Labor for one year prior
to the fiscal year in which the grant application is
made shall be used as the population base.
1. For new construction,
the population base as determined above shall be used
to compute the minimum project size, as specified in
Table A below, required to qualify an applicant for
a grant.
Table A
Population
to be
Served by the Project |
Minimum
Square Feet of Floor Space |
| Under 10,000 |
3,500 square feet
+ .7 square feet per capita over 5,000 pop. |
| 10,000-24,999 |
7,000 square feet
+ .6 square feet per capita over 10,000 pop. |
| 25,000-49,999 |
16,000 square feet
+ .45 square feet per capita over 25,000 pop. |
| 50,000-99,999 |
27,250 square feet
+ .35 square feet. per capita over 50,000 pop. |
| 100,000-199,999 |
44,750 square feet
+ .25 square feet per capita over 100,000 pop. |
| 200,000-499,999 |
69,750 square feet
+ .2 square feet per capita over 200,000 pop. |
| Over 499,999 |
129,750 square
feet + .15 square feet per capita over 500,000 pop. |
2.
If the project is an addition to an existing building,
the new construction shall result in total floor space
which, when added to the floor space of the existing
structure, shall meet the minimum size criteria as shown
in Table A in (e) 1 above.
3.
The percentages in Table B below may be used to reduce
the floor space requirements in Table A above for the
construction, acquisition or renovation of a central
library if branch libraries serve the same population.
Table B
Population
Served by
Central Library |
Percent
of
Allowable Reduction |
| Under 39,999 |
25 |
| 40,000 - 49,999 |
26 |
| 50,000 - 59,999 |
27 |
| 60,000 - 69,999 |
28 |
| 70,000 - 79,999 |
29 |
| 80,000 - 89,999 |
30 |
| 90,000 - 99,999 |
31 |
| 100,000 - 109,999 |
32 |
| 110,000 - 119,999 |
34 |
| 120,000 - 129,999 |
36 |
| 130,000 - 139,999 |
38 |
| 140,000 - 149,999 |
40 |
| 150,000 - 159,999 |
42 |
| 160,000 - 169,999 |
44 |
| 170,000 - 179,999 |
46 |
| 180,000 - 189,999 |
48 |
| 190,000 - 199,999 |
50 |
| 200,000 - 209,999 |
52 |
| 210,000 - 219,999 |
54 |
| Over 219,999 |
55 |
(f)
Library buildings and facilities shall be designed in
accordance with State and Federal minimum standards
for providing barrier-free access for the physically
handicapped.
(g)
All New Jersey labor laws and regulations shall be adhered
to when applicable.
(h)
All contracts shall be awarded to the lowest qualified
bidder on the basis of open competitive bidding as specified
in the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq.
(i)
Local and State codes with regard to fire and safety
shall be observed. In situations where local fire and
safety codes do not apply, recognized State codes shall
be observed.
(j)
Building plans shall be prepared by an architect licensed
by the State of New Jersey.
15:21-11.7
Applicant priorities for the receipt of grants for single
and multiple projects
(a)
General provisions for priorities for the receipt of
construction grants shall include the following:
1.
Applicants submitting an application for only one project
shall be considered first priority projects.
2.
Applicants submitting an application for more than one
project shall rank each project in order of priority.
3.
Those applications properly submitted and found to be
in an approvable form shall first be assigned to first
or second priority.
i.
First priority in award of grant shall be given to projects
designated by the applicant as first priority projects;
and
ii. Second priority in award of grant
shall be given to projects designated by the applicant
as second priority.
4.
All first priority applications fulfilling the criteria
of this subchapter shall be awarded grants before applications
of the second priority are funded. Availability of funds
and number of applications within each priority grouping
shall, within any one fiscal year, determine the projects
to be funded.
(b)
Library building projects funded under this subchapter
are ineligible to apply for additional funding from
this grant program for five years after the initial
award.
15:21-11.8
Amount of grant and method of allocation
(a)
The State share of eligible project costs of any project
eligible for a grant shall be no more than 25 percent.
(b)
When actual costs are less than the amount approved,
the grant award shall be reduced to reflect actual amounts.
(c)
When actual costs exceed the amount approved, the grant
award shall not exceed the original amount requested
in the application.
15:21-11.9
Application procedures
(a)
Application for a grant shall be in a completed official
form available from the New Jersey State Library. The
application will consist of a description of the project;
general and specific project nformation; a cost estimate;
a computation of project financing; and requirements
for documents to be submitted as part of the application.
Documents to be submitted shall be: an application and
resolution(s) to apply; a written plan for service including
a building program and community analysis; schematic
plans which include a site plan, elevations, floor plans
with furniture layouts; outline of specifications; cost
estimates; legal description of the site and copy of
deed; statement of compliance with minimum criteria
for receipt of State Library Aid or a justification
for not meeting the minimum criteria; a comprehensive
plan for total system development for branch library
projects; certification as to its suitability from an
architect for the rehabilitation or purchase of a library
building; bond ordinance or resolution of intent to
provide funding; statement of pro-ration of eligible
costs if applicable; statement of compliance with state
and federal regulations regarding state and federal
minimums for providing barrier-free access, applicable
New Jersey labor laws, and the Local Public Contracts
Law (N.J.S.A. 40A:11-1 et seq.).
(b)
The application shall be made by the body charged with
the responsibility for the establishment and maintenance
of the library (board of trustees or county library
commission, or county board of chosen freeholders, as
appropriate).
(c)
If a library facility is to be constructed by a municipality
with the provision that it be equipped, stocked, staffed
or supported by a library not an agency of that municipality
(for example, a municipally constructed building which
will be operated by a county library as a branch library),
the application shall be in the name of the municipality.
The application shall be signed by the mayor or chief
financial officer and cosigned by an officer of the
governing body of the library that is providing services.
(d)
The person authorized to submit the application shall
be an officer of the body named as applicant, preferably,
the president or chairperson of this body. A statement
to be signed and completed by the responsible officer
of the applicant, for example, secretary of a board
of trustees, shall certify this authorization. If the
application is submitted under (c) above, an individual
from each body shall be authorized and certified. The
signature of each authorized person is required on the
application.
(e)
Any substantial changes or revisions affecting the application,
after the application is submitted, including any structural
changes in the building plans, shall be submitted on
appropriate forms for approval. The Board shall have
the power to revoke approval of any application or grant
for failure to submit and receive approval of substantial
changes in the application.
(f)
Full approval of the proposed construction project must
be given by the Public Library Construction Advisory
Board and the Joint Budget Oversight Committee or its
successor before any funds are allocated.
15:21-11.10
Review of applications
(a)
The application shall be reviewed by the program manager
for completeness and compliance with law and regulations.
The program manager may request additional information
or clarification.
(b)
After the preliminary review by the program manager,
the application shall be reviewed by a committee established
by the Board.
(c)
The committee established in (b) above shall then make
recommendations to the Board.
15:21-11.11
Grant administration
(a)
Failure to comply with any of the rules set forth in
this subchapter shall make an applicant ineligible for
funding.
(b)
Architectural or engineering supervision and inspection
shall be provided by the applicant at the construction
site to ensure that the completed work conforms to the
approved plans and specifications. For the purpose of
inspection, representatives of the State Librarian shall
have access at all reasonable times to all construction
work being funded under the New Jersey Public Library
Project Grant Program. The owner and contractor shall
be required to facilitate such access and inspection.
(c) Construction
shall be initiated and completed in a reasonable period
of time. The time limit for completion shall be measured
from the date of application approval. Construction
shall be completed according to the following schedule:
| Total Eligible
Project Cost |
Maximum Construction
Period |
| Under $1,000,000 |
One Year |
| Over $1,000,000 |
Two Years |
(d)
In the event that construction is not completed according
to the timeline in (c) above, the State Librarian with
the approval of the Public Library Construction Advisory
Board has the authority to rescind the balance of the
approved grant.
(e)
The grant shall be paid to the applicant in three installments
as shown below, but only upon receipt of satisfactory
evidence of completion of each phase.
1.
Forty percent upon approval of the award of construction
contract(s); Satisfactory evidence may be minutes of
the body approving the award; copies of title pages
of contracts with necessary signatures; letters of award;
or other proofs of award of contract;
2.
Fifty percent when construction is 50 percent complete
and upon submission of architect's certification; and
3.
Ten percent upon receipt of a temporary certificate
of occupancy and project expenditure report.
(f)
Upon approval of the grant, applicants shall enter into
a contractual agreement with the New Jersey Educational
Facilities Authority. Each agreement shall include provisions
as may be necessary to ensure that the applicant shall
provide an amount equal to 300 percent of the grant
amount.
15:21-11.12
Appeals procedures
Appeals
from any action of the Board regarding the rules in
this subchapter may be requested, and opportunity given
for an informal fair hearing before the Board. In the
event of an adverse decision after such informal hearing,
applicants may request a formal hearing pursuant to
N.J.S.A. 18A:6-9 et seq., 18A:6-24, 18A:6-27 and Reorganization
Plan 002-1996. Such hearing shall be governed by the
provisions of the Administrative Procedure Act (see
N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., as implemented
by the Uniform Administrative Procedure Rules, N.J.A.C.1:1). |
