Emergent Project Program

What is an Emergent Project?

Emergent projects are those that, if not corrected on an expedited basis, would render a building or facility so potentially hazardous that it causes an imminent peril to the health and safety of students or staff. Emergent projects include the repair or replacement of roofs; windows; exterior masonry; heating and cooling systems; and plumbing, electrical, mechanical and security systems, as well as addressing water infiltration issues.

Legislative/Regulatory Background

Pursuant to the Educational Facilities Construction and Financing Act, P.L. 2000, c.72, the SDA is required to undertake and provide the State share equal to 100% of the Final Eligible Costs (FEC) of school facilities projects in SDA districts (formerly Abbott districts).

Funding for Emergent Projects

The SDA fully funds emergent projects in the 31 SDA Districts. In 2008, $97 million was set aside in an emergent project reserve to fund identified projects. At this time, the funding has nearly been exhausted.

In March 2011, the SDA Board of Directors approved the 2011 Capital Program which included the allocation of an additional $100 million to fund emergent projects in the 31 SDA Districts.

Can Districts Fund Emergent Projects?

The statute governing emergent projects allows SDA Districts to undertake emergent-type projects with their own funding if: (1) the cost of each project does not exceed $500,000, and, (2) the Commissioner of DOE has first approved the inclusion of the project upon demonstration by the district that its budget includes sufficient funds to finance the project. A district may also withdraw funds from a capital reserve account for such purpose with the approval of the Commissioner of DOE.

Emergent Designation Process

In March 2011, the SDA and Department of Education (DOE) launched its second State-wide effort to identify and evaluate eligible emergent conditions in over 475 school facilities. A letter was sent to all SDA Districts requesting that they detail health and safety capital maintenance projects that they believed represented “emergent conditions” as defined by the law. All 31 SDA Districts responded to the request, with 28 Districts reporting 716 conditions in school facilities throughout the state and three districts indicating they had no projects for consideration.

The SDA and DOE reviewed these conditions to determine if they meet the established criteria for emergent conditions. Of those that meet the criteria, SDA and DOE will perform further research, assessment and validation to determine which emergent conditions may be funded with the allocated $100 Million.

Requests for emergent projects are submitted by SDA Districts to the DOE for review, evaluation and approval. The process includes input from the SDA. Upon DOE approval, an emergent project is transmitted to the SDA, which meets with the District to determine the extent of the project and how to address it most efficiently.

Management of an Emergent Project

Moving forward the SDA will utilize a proactively managed approach to completing emergent work throughout the state. In terms of project advancement, it is expected that projects will be grouped into four program categories, with each category requiring varying time-frames for advancement. The SDA will classify all emergent projects as either mechanical (heating, air conditioning, boilers), roofing, building envelope or other.

The SDA manages many projects identified as emergent, while others are delegated for District management, depending upon the project’s scope and complexity. For delegated projects, the SDA executes a grant agreement with the District, which is then responsible for procuring and disbursing payment to the consultants and contractors. The SDA maintains oversight throughout the process. This process will remain as the SDA moves forward with newly identified emergent projects.