Permits boards of education to lease certain school property to federally qualified health centers without bidding.

A2305

ASSEMBLY, No. 2305

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Co-Sponsored by:

Assemblywoman Donlon

SYNOPSIS

���� Permits boards of education to lease certain school
property to federally qualified health centers without bidding.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the lease of school lands and
amending P.L.1978, c.91 (C.18A:20-8.2).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.1978,
c.91 (C.18A:20-8.2) is amended to read as follows:

���� 1.� a.� Except as otherwise
provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), whenever any
board of education shall by resolution determine that any tract of land,
whether there is a building thereon or not, or part or all of a school building,
is not necessary for school purposes, but which it does not desire to dispose
of for reason that the property may, at some future time, again be required for
school purposes, it may authorize the lease thereof for a term extending beyond
the official life of the board; provided that the noneducational uses of such
building or tract of land are compatible with the establishment and operation
of a school, as determined by the Commissioner of Education, if joint occupancy
of such site is considered.� A board of education is authorized to use
electronic procurement practices in accordance with the provisions of P.L.2018,
c.156 (C.40A:11-4.7 et al.) for the advertisement of lease of land, and any
building on that land.� The lease shall be binding upon the successor board as
follows:

���� (1)�� After advertisement of
the request for bids to lease to the highest bidder in a newspaper published in
the school district, or, if none is published therein, then in a newspaper
circulating in the district in which the same is situate, at least once a week
for two weeks prior to the date fixed for the receipt and opening of bids, and,
at the discretion of the board of education, electronic advertisement, unless:

���� (2)�� The same is leased to
the federal government, State, a political subdivision thereof, another school
district, any board, body or commission of a municipality within the school
district, any volunteer fire company or rescue squad actively engaged in the protection
of life and property and duly incorporated under the laws of the State of New
Jersey, or to any American Legion post, Veterans of Foreign Wars, or other
recognized veterans' organization of the United States of America, located in
the municipality or the county, as a meeting place for such organization, or to
a nonprofit child care service organization duly incorporated under the laws of
the State of New Jersey, or to a nonprofit hospital duly licensed under the
laws of the State of New Jersey, or to a nonprofit organization duly licensed
under the laws of the State of New Jersey to provide emergency shelter for the
homeless, or to a nonprofit senior citizen organization, or to a nonprofit
historic preservation organization duly incorporated under the laws of the
State of New Jersey,
or to a federally qualified health center,
in which
case the same may be leased by private agreement for a nominal fee without
advertisement for bids.

���� b.��� Any lease in excess of
five years shall be approved by the Commissioner of Education.

����
c.���� In the event of
joint occupancy with a public school and federally qualified health center, to
the extent permitted by federal law, a federally qualified health center shall
be located in a portion of the school building that is separate and distinct
from the portion of the school building in which students may be present.

(cf: P.L.2018, c.156, s.9)

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill adds federally
qualified health centers to the list of entities to which a local board of
education may lease certain school property for a nominal fee and without
following the competitive bidding process.� The bill also provides that in the
event of joint occupancy with a public school and federally qualified health
center, to the extent permitted by federal law, a federally qualified health
center is to be located in a portion of the school building that is separate
and distinct from the portion of the school building in which students may be
present.