Bill Text: NJ A5588 | 2020-2021 | Regular Session | Chaptered
Bill Title: Appropriates funds to DEP for environmental infrastructure projects for FY2022.
Spectrum: Moderate Partisan Bill (Democrat 12-3)
Status: (Passed) 2021-08-24 - Approved P.L.2021, c.203. [A5588 Detail]
Download: New_Jersey-2020-A5588-Chaptered.html
Approp.
An Act appropriating moneys to the Department of Environmental Protection for the purpose of making zero interest loans or principal forgiveness loans to project sponsors to finance a portion of the costs of environmental infrastructure projects.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. (1) There is appropriated to the department from the "Clean Water State Revolving Fund," established pursuant to section 1 of P.L.2009, c.77, an amount equal to the federal fiscal year 2021 capitalization grant made available to the State for clean water project loans pursuant to the "Water Quality Act of 1987," 33 U.S.C. s.1251 et seq., and any amendatory and supplementary acts thereto (hereinafter referred to as the "Federal Clean Water Act").
(2) There is appropriated to the department from the "Interim Environmental Financing Program Fund," established by the New Jersey Infrastructure Bank pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9), such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(3) There is appropriated to the department from the "Disaster Relief Emergency Financing Program Fund," established by the New Jersey Infrastructure Bank pursuant to section 1 of P.L.2013, c.93 (C.58:11B-9.5), such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(4) There is appropriated to the department from the "Drinking Water State Revolving Fund," established pursuant to section 1 of P.L.1998, c.84, an amount equal to the federal fiscal year 2021 capitalization grant made available to the State for drinking water projects pursuant to the "Safe Drinking Water Act Amendments of 1996," Pub.L.104-182, and any amendatory and supplementary acts thereto (hereinafter referred to as the "Federal Safe Drinking Water Act").
The department is authorized to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving Fund, pursuant to the "Water Infrastructure Funding Transfer Act," Pub.L.116-63, additional amounts as may be necessary to address a threat to public health, and an amount equal to the maximum amount authorized to be transferred is appropriated to the department for those purposes.
The department is authorized to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving Fund an amount up to the maximum amount authorized to be transferred pursuant to the Federal Safe Drinking Water Act to meet present and future needs for the financing of eligible drinking water projects, and an amount equal to that maximum amount is appropriated to the department for those purposes.
The department is authorized to transfer from the Drinking Water State Revolving Fund to the Clean Water State Revolving Fund an amount up to the maximum amount authorized to be transferred pursuant to the Federal Clean Water Act to meet present and future needs for the financing of eligible clean water projects, and an amount equal to that maximum amount is appropriated to the department for those purposes.
Notwithstanding any provision of this act to the contrary, the department is authorized to utilize funds from the Clean Water State Revolving Fund for the purposes of the Drinking Water State Revolving Fund, and may charge interest on loans made with such invested funds to the extent permitted by the Federal Clean Water Act and the Federal Safe Drinking Water Act.
(5) There is appropriated to the department the unappropriated balances from the Clean Water State Revolving Fund, including the balances from the Federal Disaster Relief Appropriations Act, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(6) There is appropriated to the department the unappropriated balances from the "Wastewater Treatment Fund," established pursuant to section 15 of the "Wastewater Treatment Bond Act of 1985," P.L.1985, c.329, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(7) There is appropriated to the department the unappropriated balances from the "1992 Wastewater Treatment Fund," established pursuant to section 27 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(8) There is appropriated to the department the unappropriated balances from the "2003 Water Resources and Wastewater Treatment Fund," established pursuant to subsection a. of section 19 of the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003," P.L.2003, c.162, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(9) There is appropriated to the department the unappropriated balances from the "Pinelands Infrastructure Trust Fund," established pursuant to section 14 of the "Pinelands Infrastructure Trust Bond Act of 1985," P.L.1985, c.302, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(10) There is appropriated to the department the unappropriated balances from the "Stormwater Management and Combined Sewer Overflow Abatement Fund," established pursuant to the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989," P.L.1989, c.181, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(11) There is appropriated to the department the unappropriated balances from the Drinking Water State Revolving Fund and any repayments of loans and interest therefrom, including the balances from the Federal Disaster Relief Appropriations Act as may be available on or before June 30, 2022, for the purposes of drinking water project loans.
(12) There is appropriated to the department such sums as may be needed from loan repayments and interest earnings from the "Water Supply Fund," established pursuant to section 14 of the "Water Supply Bond Act of 1981," P.L.1981, c.261, for the "Drinking Water State Revolving Fund Match Accounts" contained within that fund, for the purpose of providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(13) There is appropriated to the department from the "Interim Environmental Financing Program Fund," established by the New Jersey Infrastructure Bank pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9), such amounts as may be available on or before June 30, 2022, and any repayments of loans and interest therefrom, as may be necessary to supplement the sums appropriated from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(14) There is appropriated to the department from the "Disaster Relief Emergency Financing Program Fund," established by the New Jersey Infrastructure Bank pursuant to section 1 of P.L.2013, c.93 (C.58:11B-9.5), such amounts as may be necessary to supplement the sums appropriated from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(15) There is appropriated to the department such amounts as may be received by the Department of Community Affairs, as the grantee from the United States Department of Housing and Urban Development Community Development Block Grant - Disaster Recovery Program (CDBG-DR), as may be available on or before June 30, 2022, for the purposes of CDBG-DR eligible clean water and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act.
(16) There is appropriated to the department such sums as may be available on or before June 30, 2022, as repayments of drinking water project loans and any interest therefrom from the "Water Supply Fund," established pursuant to section 14 of the "Water Supply Bond Act of 1981," P.L.1981, c.261, for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(17) Of the sums appropriated to the department from the "Water Supply Fund" pursuant to P.L.1999, c.174, P.L.2001, c.222, P.L.2002, c.70, and P.L.2003, c.158, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2022, in such amounts as needed to the Drinking Water State Revolving Fund accounts contained within the Water Supply Fund established for the purposes of providing drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(18) Of the sums appropriated to the department from the "1992 Wastewater Treatment Fund" pursuant to P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, and P.L.2002, c.70, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2022, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 1992 Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(19) Of the sums appropriated to the department from the "2003 Water Resources and Wastewater Treatment Fund" pursuant to P.L.2004, c.109 and P.L.2007, c.139, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2022, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 2003 Water Resources and Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(20) There is appropriated to the department the sums deposited by the New Jersey Infrastructure Bank into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," established pursuant to the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989," P.L.1989, c.181, the "2003 Water Resources and Wastewater Treatment Fund," and the Drinking Water State Revolving Fund, as appropriate, pursuant to paragraph (6) of subsection c. of section 1 of P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), as may be available on or before June 30, 2022, for the purposes of providing clean water project loans and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and for drinking water projects pursuant to the Federal Safe Drinking Water Act.
Any such amounts shall be for the purpose of making zero interest and principal forgiveness financing loans, to the extent sufficient funds are available, to or on behalf of local government units or public water utilities (hereinafter referred to as "project sponsors") to finance a portion of the cost of the construction of clean water projects and drinking water projects listed in sections 2 and 3 of this act, and for the purpose of implementing and administering the provisions of this act, to the extent permitted by the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, the Federal Safe Drinking Water Act, P.L.2009, c.77, the "Wastewater Treatment Bond Act of 1985." P.L.1985, c.329, the "Water Supply Bond Act of 1981," P.L.1981, c.261, the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989," P.L.1989, c.181, the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, the "Dam, Lake, Stream, Flood Control, Water Resources, and the Wastewater Treatment Project Bond Act of 2003," P.L.2003, c.162, and any amendatory and supplementary acts thereto.
(21) Of the $60 million appropriated to the department for the capital construction of drinking water infrastructure by the State fiscal year 2021 appropriations act, P.L.2020 c.97, up to $25 million may be transferred to the New Jersey Infrastructure Bank to invest, provide debt service reserve or guarantee, or pay interest on behalf of a sponsor of a drinking water environmental infrastructure project.
b. The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in subsection a. of section 2 and subsection a. of section 3 of this act for clean water projects, up to the individual amounts indicated and in the priority stated, to the extent there are sufficient eligible project applications, except that any such amounts may be reduced if a project fails to meet the requirements of sections 4 or 5 of this act, or by the Commissioner of Environmental Protection pursuant to section 7 of this act.
(1) A maximum of 1[$15] $351 million in principal forgiveness loans, plus any appropriated but unallocated funds designated in State fiscal year 2021 for combined sewer overflow projects, shall be issued as provided in subsection a. of section 3 of this act to communities in combined sewer overflow sewersheds for construction projects that reduce or eliminate discharges from combined sewer overflow outfalls. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $4 million per borrower whenever practicable. For project costs up to and including $4 million, 50 percent of the principal of the loan shall be forgiven, and the remaining 50 percent of the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs greater than $4 million and up to and including $10 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have 1[an] a blended1 interest rate of 50 percent of the trust's market rate.
(2) A maximum of $10 million in principal forgiveness loans, plus any appropriated but unallocated funds designated in State fiscal year 2021 for water quality restoration projects, shall be issued as provided in subsection a. of section 3 of this act for water quality restoration projects. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $4 million per borrower whenever practicable. For project costs up to and including $4 million, 50 percent of the principal of the loan shall be forgiven, and the remaining 50 percent of the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $4 million and up to and including $10 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have 1[an] a blended1 interest rate of 50 percent of the trust's market rate.
(3) The projects listed in subsection a. of section 2 of this act and subsection a. of section 3 of this act that were previously identified in P.L.2020, c.49, as amended by P.L.2021, c.21, are granted continued priority status and shall be subject to the provisions of P.L.2020, c.49, as amended by P.L.2021, c.21, provided such projects receive short-term funding prior to June 30, 2021.
c. The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in subsection b. of section 3 of this act for drinking water projects, up to the individual amounts indicated and in the priority stated, provided:
(1) a maximum of 30 percent of the 2021 Drinking Water State Revolving Fund capitalization grant, not to exceed $5 million, plus any funds transferred to the Drinking Water State Revolving Fund pursuant to paragraph (4) of subsection a. of this section may be issued as provided in subsection b. of section 3 of this act for drinking water systems, as follows:
(a) up to $4 million of Drinking Water State Revolving Fund loans, plus any appropriated but unallocated funds designated in State fiscal year 2021 for drinking water systems serving populations of up to 10,000 residents, shall be available for drinking water systems serving populations of up to 10,000 residents wherein principal forgiveness shall not exceed $500,000 in the aggregate and shall not exceed 50 percent of the total loan amount per project sponsor in an amount not to exceed $1 million per project sponsor.
Loans for drinking water systems serving 500 or fewer residents shall be given the highest priority, followed by systems serving 501 to 10,000 residents;
(b) up to $2 million in principal forgiveness loans for drinking water systems that serve fewer than 500 persons and are assisted by the Community Engineering Corps to come into compliance with federal or State drinking water regulations. A loan issued pursuant to this subparagraph shall have 100 percent principal forgiveness for a loan amount of up to $750,000 per project; and
(c) a maximum of $10 million of principal forgiveness for drinking water systems serving communities with a population of up to 1,000 residents for corrosion control treatment and lead service line replacement projects wherein principal forgiveness shall not exceed 90 percent of the total fund loan amount of $1 million per water system;
(2) up to $103 million of moneys from the Drinking Water State Revolving Fund, plus any appropriated but unallocated funds designated in State fiscal year 2021, may be issued for principal forgiveness loans for drinking water systems serving communities with a weighted median household income less than the median household income for the State to finance lead service line replacements, wherein principal forgiveness shall not exceed 50 percent of the total fund loan amount of: $2 million per water system for systems with fewer than 1,000 known lead service lines, $10 million per water system for systems with 1,000 to 5,000 known lead service lines, and $20 million per water system for systems with greater than 5,000 known lead service lines.
Loans may be made pursuant to this subsection to the extent there are sufficient eligible project applications and as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act. Any such amounts may be reduced by the Commissioner of Environmental Protection pursuant to section 7 of this act, or if a project fails to meet the requirements of section 4 or 5 of this act; and
(3) Those projects listed in subsections a. and b. of section 3 of this act that were previously identified in P.L.2020, c.49, as amended by P.L.2021, c.21, are granted continued priority status and shall be subject to the provisions of P.L.2020, c.49, as amended by P.L.2021, c.21, provided such projects receive short-term funding prior to June 30, 2021.
d. The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in sections 2 and 3 of this act under the same terms, conditions and requirements set forth in this section from any unexpended balances of the amounts appropriated pursuant to section 1 of P.L.1987, c.200, section 2 of P.L.1988, c.133, section 1 of P.L.1989, c.189, section 1 of P.L.1990, c.99, section 1 of P.L.1991, c.325, section 1 of P.L.1992, c.38, section 1 of P.L.1993, c.193, section 1 of P.L.1994, c.106, section 1 of P.L.1995, c.219, section 1 of P.L.1996, c.85, section 1 of P.L.1997, c.221, section 2 of P.L.1998, c.84, section 2 of P.L.1999, c.174, section 2 of P.L.2000, c.92, sections 1 and 2 of P.L.2001, c.222, sections 1 and 2 of P.L.2002, c.70, sections 1 and 2 of P.L.2003, c.158, sections 1 and 2 of P.L.2004, c.109, sections 1 and 2 of P.L.2005, c.196, sections 1 and 2 of P.L.2006, c.68, sections 1 and 2 of P.L.2007, c.139, sections 1 and 2 of P.L.2008, c.68, sections 1 and 2 of P.L.2009, c.102, sections 1 and 2 of P.L.2010, c.63, sections 1 and 2 of P.L.2011, c.93, sections 1 and 2 of P.L.2012, c.43, sections 1 and 2 of P.L.2013, c.95, sections 1 and 2 of P.L.2014, c.25, sections 1 and 2 of P.L.2015, c.108, sections 1 and 2 of P.L.2016, c.32, as amended by P.L.2017, c.14, sections 1 and 2 of P.L.2017, c.143, as amended by P.L.2017, c.326, sections 1 and 2 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, sections 1 and 2 of P.L.2019, c.193, as amended by P.L.2019, c.514, and P.L.2020, c.49, as amended by P.L.2021, c.21, including amounts resulting from the low bid and final building cost reductions authorized pursuant to section 6 of P.L.1987, c.200, section 7 of P.L.1988, c.133, section 6 of P.L.1989, c.189, section 6 of P.L.1990, c.99, section 6 of P.L.1991, c.325, section 6 of P.L.1992, c.38, section 6 of P.L.1993, c.193, section 6 of P.L.1994, c.106, section 6 of P.L.1995, c.219, section 6 of P.L.f1996, c.85, section 6 of P.L.1997, c.221, section 7 of P.L.1998, c.84, section 6 of P.L.1999, c.174, section 6 of P.L.2000, c.92, section 6 of P.L.2001, c.222, section 6 of P.L.2002, c.70, section 6 of P.L.2003, c.158, section 6 of P.L.2004, c.109, section 6 of P.L.2005, c.196, section 6 of P.L.2006, c.68, section 6 of P.L.2007, c.139, section 6 of P.L.2008, c.68, section 7 of P.L.2009, c.102, section 6 of P.L.2010, c.63, section 6 of P.L.2011, c.93, section 6 of P.L.2012, c.43, section 6 of P.L.2013, c.95, section 7 of P.L.2014, c.25, section 7 of P.L.2015, c.108, section 7 of P.L.2016, c.32, as amended by P.L.2017, c.14, section 7 of P.L.2017, c.143 as amended by P.L.2017, c.326, section 7 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, section 7 of P.L.2019, c.193, as amended by P.L.2019, c.514, and section 7 of P.L.2020, c.49, as amended by P.L.2021, c.21, and from any repayments of loans and interest from the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "Water Supply Fund," the "1992 Wastewater Treatment Fund," the "2003 Water Resources and Wastewater Treatment Fund," and amounts deposited therein during State fiscal year 2020 and State fiscal year 2021 pursuant to the provisions of section 16 of P.L.1985, c.329, and section 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, including any Clean Water State Revolving Fund Accounts contained within the "Wastewater Treatment Fund," and from any repayment of loans and interest from the Drinking Water State Revolving Fund.
e. The department is authorized to make zero interest and principal forgiveness Sandy financing loans to or on behalf of the project sponsors for the Sandy environmental infrastructure projects listed in subsection a. of section 3 of this act for clean water projects, in a manner consistent with the Federal Disaster Relief Appropriations Act, up to the individual amounts indicated, except that any such amount may be reduced by the Commissioner of Environmental Protection pursuant to section 7 of this act, or if a project fails to meet the requirements of section 4, 5, or 7 of this act, provided a maximum of $300 million shall be provided for Sandy financing loans for clean water projects to provide financial assistance to communities affected by the Storm Sandy, and for projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster.
f. For the purposes of this act:
"Department" means the Department of Environmental Protection.
"Federal Disaster Relief Appropriations Act" means the "Disaster Relief Appropriations Act, 2013," Pub.L.113-2, and any amendatory and supplementary acts thereto.
"Sandy financing" means grants, zero interest loans or principal forgiveness loans provided by the Department of Environmental Protection from funds made available to the State for clean water projects or clean water project match, pursuant to the Federal Disaster Relief Appropriations Act.
"Trust" means the New Jersey Infrastructure Bank created pursuant to section 4 of P.L.1985, c.334 (C.58:11B-4).
2. a. (1) The department is authorized to expend funds for the purpose of making supplemental zero interest loans to or on behalf of the project sponsors listed below for the following clean water environmental infrastructure projects:
|
Project Sponsor |
Project Number |
Estimated Allowable DEP Loan Amount |
Estimated Total Loan Amount |
|
Camden County MUA |
S340640-18R |
$7,500,000 |
$10,000,000 |
|
Elizabeth City |
S340942-19R |
$206,250 |
$275,000 |
|
Hoboken City |
S340635-06R |
$30,000,000 |
$40,000,000 |
|
North Bergen MUA |
S340652-14R |
$3,750,000 |
$5,000,000 |
|
Ocean Twp. SA |
S340750-14R |
$750,000 |
$1,000,000 |
|
Plumsted Twp. |
S340607-03R |
$7,500,000 |
$10,000,000 |
|
Rockaway Valley RSA |
S340821-07R |
$2,250,000 |
$3,000,000 |
|
Franklin Twp. SA |
S340839-06-1 |
$750,000 |
$1,000,000 |
|
Paterson City |
S340850-03-1 |
$1,912,500 |
$2,550,000 |
|
Rockaway Valley RSA |
S340821-06-1 |
$581,250 |
$775,000 |
|
Somerville Borough |
S342013-01-1 |
$1,387,500 |
$1,850,000 |
|
Total Projects: 11 |
$56,587,500 |
$75,450,000 |
|
|
(2) The loans authorized in this subsection shall be made for the difference between the allowable loan amounts required by these projects based upon final building costs pursuant to section 7 of this act and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal years 2008, 12017,1 2019, 1[and]1 2020 1, and 20211 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 4 of P.L.1985, c.329. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of this act. (3) The zero interest loans for the projects authorized in this subsection shall have priority over projects listed in subsection a. of section 3 of this act. b. (1)
The department is authorized to expend funds for the purpose of making
supplemental loans to or on behalf of the project sponsors listed below for
the following drinking water environmental infrastructure projects: |
Project Number |
Estimated Allowable DEP Loan Amount |
Estimated Total Loan Amount |
|
Newark City |
0714001-016R |
$2,250,000 |
$3,000,000 |
|
North Jersey District Water Supply Comm. |
1613001-025R |
$19,125,000 |
$25,500,000 |
|
Total Projects: 2 |
$21,375,000 |
$28,500,000 |
(2) The loans authorized in this subsection shall be made for the difference between the allowable loan amount required by these projects based upon final building costs pursuant to section 7 of this act and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal year 1[2021] 20201 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 5 of P.L.1981, c.261. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of this act.
(3) The zero interest loans for the projects authorized in this subsection shall have priority over projects listed in subsection b. of section 3 of this act.
c. The department is authorized to adjust the allowable department loan amount for projects authorized in this section to between zero percent and 100 percent of the total allowable loan amount 1[, and, if] . If1 the department loan amount is adjusted to 100 percent of the total allowable loan amount, the loan shall be provided pursuant to the terms and conditions of the financing program year in which 1the construction loan component of the project was certified by the department and for which1 the trust issued an interim financing program loan 1[for the project]1 or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2022 financing program.
3. a. (1) The following environmental infrastructure projects shall be known and may be cited as the "Storm Sandy and State Fiscal Year 2022 Clean Water Project Eligibility List":
|
Project Sponsor |
Project Number |
Estimated Allowable DEP Loan Amount |
Estimated Total Loan Amount |
|
Musconetcong SA |
S340384-09 |
$4,500,000 |
$6,000,000 |
|
Camden County MUA |
S340640-17 |
$2,625,000 |
$3,500,000 |
|
Camden County MUA |
S340640-24 |
$4,875,000 |
$6,500,000 |
|
Rahway Valley SA |
S340547-14 |
$7,125,000 |
$9,500,000 |
|
Rahway Valley SA |
S340547-15 |
$1,941,389 |
$2,588,518 |
|
Camden County MUA |
S340640-22 |
$2,625,000 |
$3,500,000 |
|
Camden County MUA |
S340640-23 |
$4,200,000 |
$5,600,000 |
|
Camden County MUA |
S340640-16 |
$9,975,000 |
$13,300,000 |
|
Newark City |
S340815-24 |
$15,750,000 |
$21,000,000 |
|
Camden County MUA |
S340640-18 |
$63,022,500 |
$84,030,000 |
|
North Bergen MUA |
S340652-14 |
$21,000,000 |
$28,000,000 |
|
Hopatcong Borough |
S340488-08 |
$450,000 |
$600,000 |
|
Jersey City MUA |
S340928-15 |
$30,750,000 |
$41,000,000 |
|
Jersey City MUA |
S340928-20 |
$5,400,000 |
$7,200,000 |
|
Jersey City MUA |
S340928-28 |
$2,025,000 |
$2,700,000 |
|
Jersey City MUA |
S340928-31 |
$8,294,700 |
$11,059,600 |
|
Jersey City MUA |
S340928-34 |
$975,000 |
$1,300,000 |
|
Jersey City MUA |
S340928-24 |
$80,693,069 |
$108,000,000 |
|
Jersey City MUA |
S340928-33 |
$6,750,000 |
$9,000,000 |
|
Elizabeth City |
S340942-17 |
$4,875,000 |
$6,500,000 |
|
Camden County MUA |
S340640-13 |
$9,600,000 |
$12,800,000 |
|
Bayonne City |
S340399-31 |
$1,650,000 |
$2,200,000 |
|
Ocean County UA |
S340372-62 |
$3,225,000 |
$4,300,000 |
|
Ocean County UA |
S340372-63 |
$1,650,000 |
$2,200,000 |
|
Ocean County UA |
S340372-61 |
$3,975,000 |
$5,300,000 |
|
Ocean County UA |
S340372-59 |
$5,715,000 |
$7,620,000 |
|
Hoboken City |
S340635-07 |
$3,750,000 |
$5,000,000 |
|
Hoboken City |
S340635-09 |
$375,000 |
$500,000 |
|
Mount Laurel Twp. MUA |
S340943-06 |
$6,000,000 |
$8,000,000 |
|
Jersey City |
S340928-30 |
$2,033,250 |
$2,711,000 |
|
North Hudson SA |
S340952-30 |
$17,400,000 |
$23,200,000 |
|
Riverside SA |
S340490-01 |
$630,000 |
$840,000 |
|
Perth Amboy City |
S340435-11 |
$4,844,513 |
$6,459,351 |
|
Hackensack City |
S340923-14 |
$6,000,000 |
$8,000,000 |
|
Somerset Raritan Valley SA |
S340801-09 |
$4,875,000 |
$6,500,000 |
|
Somerset Raritan Valley SA |
S340801-07 |
$25,500,000 |
$34,000,000 |
|
Passaic Valley SC |
S340689-48 |
$675,308 |
$900,410 |
|
Passaic Valley SC |
S340689-37 |
$91,125,000 |
$121,500,000 |
|
Passaic Valley SC |
S340689-38 |
$16,125,000 |
$21,500,000 |
|
Passaic Valley SC |
S345200-02 |
$1,500,000 |
$2,000,000 |
|
Passaic Valley SC |
S340689-40 |
$3,750,000 |
$5,000,000 |
|
Passaic Valley SC |
S345200-01 |
$7,125,000 |
$9,500,000 |
|
Passaic Valley SC |
S340689-30 |
$2,775,000 |
$3,700,000 |
|
Passaic Valley SC |
S340689-32 |
$7,500,000 |
$10,000,000 |
|
Northwest Bergen County UA |
S340700-16 |
$3,675,000 |
$4,900,000 |
|
Bergen County UA |
S340386-21 |
$5,700,000 |
$7,600,000 |
|
Linden Roselle SA |
S340299-09 |
$1,575,000 |
$2,100,000 |
|
Linden Roselle SA |
S340299-08 |
$12,750,000 |
$17,000,000 |
|
Lambertville MUA |
S340882-09 |
$1,350,000 |
$1,800,000 |
|
Raritan Twp. MUA |
S340485-12 |
$3,675,000 |
$4,900,000 |
|
Gloucester County UA |
S340902-15 |
$8,625,000 |
$11,500,000 |
|
Stafford Twp. |
S344100-03 |
$4,200,000 |
$5,600,000 |
|
Allentown Borough |
S340567-05 |
$3,825,000 |
$5,100,000 |
|
Stony Brook RSA |
S340400-11 |
$16,500,000 |
$22,000,000 |
|
Evesham MUA |
S340838-09 |
$375,000 |
$500,000 |
|
Howell Twp. |
S344040-02 |
$11,010,000 |
$14,680,000 |
|
Rutgers, The State University of New Jersey |
S340500-01 |
$27,750,000 |
$37,000,000 |
|
Willingboro MUA |
S340132-09 |
$6,750,000 |
$9,000,000 |
|
Ocean County |
S344080-10 |
$187,500 |
$250,000 |
|
Ocean County |
S344080-11 |
$262,500 |
$350,000 |
|
Rockaway Valley RSA |
S340821-07 |
$6,150,000 |
$8,200,000 |
|
Rockaway Valley RSA |
S340821-08 |
$11,625,000 |
$15,500,000 |
|
Ocean County |
S344080-09 |
$975,000 |
$1,300,000 |
|
Western Monmouth UA |
S340128-06 |
$9,825,000 |
$13,100,000 |
|
Chatham Borough |
S340715-07A |
$5,466,885 |
$7,289,180 |
|
Madison Borough |
S340715-07B |
$5,466,885 |
$7,289,180 |
|
Wildwood City |
S340664-06 |
$11,784,758 |
$15,713,010 |
|
Point Pleasant Beach Borough |
S344190-02 |
$2,362,500 |
$3,150,000 |
|
Manasquan River RSA |
S340911-03 |
$495,000 |
$660,000 |
|
Little Egg Harbor MUA |
S340579-03 |
$1,779,298 |
$2,900,000 |
|
Middlesex County UA |
S340699-14 |
$8,250,000 |
$11,000,000 |
|
Monmouth County Bayshore Outfall Authority |
S340325-04 |
$2,625,000 |
$3,500,000 |
|
Atlantic County UA |
S340809-29 |
$3,000,000 |
$4,000,000 |
|
Atlantic County UA |
S340809-30 |
$7,575,000 |
$10,100,000 |
|
Toms River MUA |
S340145-05 |
$3,100,000 |
$4,500,000 |
|
Toms River MUA |
S340145-08 |
$1,018,800 |
$1,358,400 |
|
Ocean County UA |
S340372-60 |
$652,500 |
$870,000 |
|
Two Rivers Water Reclamation Authority |
S340117-09 |
$3,000,000 |
$4,000,000 |
|
Brick Twp. MUA |
S340448-11 |
$4,275,000 |
$5,700,000 |
|
Northwest Bergen County UA |
S340700-15 |
$5,250,000 |
$7,000,000 |
|
Northwest Bergen County UA |
S340700-18 |
$1,500,000 |
$2,000,000 |
|
Northwest Bergen County UA |
S340700-19 |
$6,099,338 |
$8,132,450 |
|
Western Monmouth UA |
S340128-05 |
$5,887,500 |
$7,850,000 |
|
Old Bridge MUA |
S340945-14 |
$2,700,000 |
$3,600,000 |
|
Franklin Twp. SA |
S340839-09 |
$5,625,000 |
$7,500,000 |
|
Evesham MUA |
S340838-07 |
$1,200,000 |
$1,600,000 |
|
Mount Laurel Twp. MUA |
S340943-07 |
$2,400,000 |
$3,200,000 |
|
Winslow Twp. |
S340895-10 |
$1,275,000 |
$1,700,000 |
|
Ocean Twp. SA |
S340750-13 |
$412,500 |
$550,000 |
|
Ocean Twp. SA |
S340750-12 |
$3,375,000 |
$4,500,000 |
|
Scotch Plains Twp. |
S340512-01 |
$2,025,000 |
$2,700,000 |
|
Burlington Twp. |
S340712-17 |
$750,000 |
$1,000,000 |
|
West Deptford Twp. |
S340947-05 |
$1,061,250 |
$1,415,000 |
|
Princeton |
S340656-11 |
$2,944,259 |
$3,925,678 |
|
Warren Twp. SA |
S340964-05 |
$8,100,000 |
$10,800,000 |
|
Middlesex Borough |
S340698-02 |
$1,926,563 |
$2,568,750 |
|
Pennsville SA |
S340870-04 |
$1,200,000 |
$1,600,000 |
|
Red Bank Borough |
S340528-01 |
$1,125,000 |
$1,500,000 |
|
Glen Ridge Borough |
S340861-04 |
$1,725,000 |
$2,300,000 |
|
Glen Ridge Borough |
S340861-03 |
$334,387 |
$445,849 |
|
Buena Borough MUA |
S340518-06 |
$973,500 |
$1,298,000 |
|
Bradley Beach Borough |
S340472-01 |
$2,025,000 |
$2,700,000 |
|
Lambertville MUA |
S340882-10 |
$525,000 |
$700,000 |
|
Long Beach Twp. |
S340023-07 |
$3,450,000 |
$4,600,000 |
|
Ship Bottom Borough |
S340311-05 |
$3,750,000 |
$5,000,000 |
|
Passaic Valley SC |
S340689-45 |
$7,657,577 |
$10,210,102 |
|
Passaic Valley SC |
S340689-54 |
$11,642,883 |
$15,523,844 |
|
Plumsted Twp. |
S340607-03 |
$12,769,687 |
$34,000,000 |
|
Lakewood Twp. MUA |
S340465-02 |
$3,240,000 |
$4,320,000 |
|
Lower Twp. MUA |
S340810-05 |
$12,825,000 |
$17,100,000 |
|
Mantua Twp. MUA |
S340514-02 |
$1,687,500 |
$2,250,000 |
|
Newton Town |
S340449-04 |
$403,500 |
$538,000 |
|
Cranford Twp. |
S340858-04 |
$9,000,000 |
$12,000,000 |
|
New Jersey Water Supply Authority |
S340421-01 |
$45,000,000 |
$60,000,000 |
|
Northfield City |
S340508-02 |
$112,500 |
$150,000 |
|
Spotswood Borough |
S340510-01 |
$4,070,250 |
$5,427,000 |
|
Paulsboro Borough |
S340164-01 |
$2,062,500 |
$2,750,000 |
|
North Hudson SA |
S340952-36 |
$675,000 |
$900,000 |
|
Clinton Town |
S340924-07 |
$600,000 |
$800,000 |
|
Jersey City MUA |
S340928-32 |
$6,150,000 |
$12,300,000 |
|
Atlantic City MUA |
S340439-04 |
$2,300,000 |
$3,066,667 |
|
East Orange City |
S340843-03 |
$9,000,000 |
$12,000,000 |
|
Gloucester County Improvement Authority |
S342016-04 |
$13,875,001 |
$18,500,001 |
|
Salem County Improvement Authority |
S342022-02 |
$7,399,084 |
$8,500,000 |
|
Burlington City |
S340140-02 |
$1,950,000 |
$2,600,000 |
|
Lakewood Twp. MUA |
S340465-03 |
$1,312,500 |
$1,750,000 |
|
Bloomfield Twp. |
S340516-01 |
$5,423,228 |
$7,230,970 |
|
North Brunswick Twp. |
S340888-02 |
$6,000,000 |
$8,000,000 |
|
University Hospital |
S340500-03 |
$5,850,000 |
$7,800,000 |
|
Manchester Twp. |
S340650-08 |
$2,250,000 |
$3,000,000 |
|
Point Pleasant Beach Borough |
S340479-04 |
$1,447,500 |
$1,930,000 |
|
Allentown Borough |
S340567-06 |
$498,704 |
$664,938 |
|
Ship Bottom Borough |
S340311-04 |
$536,663 |
$2,750,000 |
|
Total Projects: 133 |
|
$946,664,729 |
$1,285,265,898 |
(2) The department is authorized to make clean water project loans to the following municipalities receiving funding from the "Pinelands Infrastructure Trust Fund," established pursuant to section 14 of the "Pinelands Infrastructure Trust Bond Act of 1985," P.L.1985, c.302:
|
Project Sponsor |
Project Number |
Estimated Total Loan Amount |
|
Pemberton Twp. |
Pinelands 1 |
$2,929,000 |
|
Manchester Twp./ Jackson MUA |
Pinelands 2 |
$7,192,035 |
|
Galloway Twp. |
Pinelands 4 |
$3,493,440 |
|
Winslow Twp. |
Pinelands 5 |
$1,728,940 |
|
Total Pinelands Projects: 4 |
$15,343,415 |
b. The following environmental infrastructure projects shall be known and may be cited as the "State Fiscal Year 2022 Drinking Water Project Eligibility List":
|
Project Sponsor |
Project Number |
Estimated Allowable DEP Loan Amount |
Estimated Total Loan Amount |
|
Newark City |
0714001-020 |
$13,125,000 |
$17,500,000 |
|
Trenton City |
1111001-011 |
$15,255,000 |
$20,340,000 |
|
Newark City |
0714001-019 |
$9,375,000 |
$12,500,000 |
|
Orange City |
0717001-013 |
$525,000 |
$700,000 |
|
Newark City |
0714001-022 |
$17,250,000 |
$23,000,000 |
|
Bloomfield Twp. |
0702001-003 |
$823,796 |
$1,098,395 |
|
NJ American Water Co., Inc. |
1345001-017 |
$7,575,000 |
$10,100,000 |
|
Burlington City |
0305001-002 |
$2,700,000 |
$3,600,000 |
|
Orange City |
0717001-014 |
$1,500,000 |
$2,000,000 |
|
National Park Borough |
0812001-005 |
$1,144,875 |
$1,526,500 |
|
Moorestown Twp. |
0322001-001 |
$18,468,750 |
$24,625,000 |
|
Brick Twp. MUA |
1506001-011 |
$15,667,500 |
$20,890,000 |
|
East Orange City |
0705001-014 |
$24,750,000 |
$33,000,000 |
|
Newark City |
0714001-008 |
$25,647,000 |
$34,196,000 |
|
East Greenwich |
0803001-004 |
$1,950,000 |
$2,600,000 |
|
Jersey City MUA |
0906001-017 |
$1,305,180 |
$1,740,240 |
|
NJ American Water Co., Inc. |
2004002-012 |
$15,000,000 |
$20,000,000 |
|
Woodbine Borough |
0516001-001 |
$3,750,000 |
$5,000,000 |
|
Newark City |
0714001-018 |
$3,862,500 |
$5,150,000 |
|
Jersey City MUA |
0906001-019 |
$5,025,000 |
$6,700,000 |
|
Wildwood City |
0514001-006 |
$4,637,403 |
$6,183,204 |
|
Little Egg Harbor MUA |
1516001-005 |
$1,087,500 |
$1,450,000 |
|
Seaside Park Borough |
1527001-004 |
$1,125,000 |
$1,500,000 |
|
NJ American Water Co., Inc. |
1345001-021 |
$19,758,750 |
$26,345,000 |
|
Manchester Twp. |
1518005-002 |
$4,125,000 |
$5,500,000 |
|
Paulsboro Borough |
0814001-003 |
$2,100,000 |
$2,800,000 |
|
Hamburg Borough |
1909001-002 |
$825,000 |
$1,100,000 |
|
Jersey City MUA |
0906001-025 |
$24,000,000 |
$32,000,000 |
|
Jersey City MUA |
0906001-009 |
$3,750,000 |
$5,000,000 |
|
Middlesex Water Co. |
1225001-028 |
$8,400,000 |
$11,200,000 |
|
Old Bridge MUA |
1209002-005 |
$1,875,000 |
$2,500,000 |
|
Hoboken City |
0905001-002 |
$6,000,000 |
$8,000,000 |
|
Wall Twp. |
1352003-001 |
$1,350,000 |
$1,800,000 |
|
Wall Twp. |
1352003-002 |
$2,775,000 |
$3,700,000 |
|
Clinton Town |
1005001-011 |
$ 949,355 |
$1,265,807 |
|
Clinton Town |
1005001-010 |
$1,320,000 |
$2,640,000 |
|
Spotswood Borough |
1224001-001 |
$2,582,936 |
$3,443,914 |
|
Glen Ridge Borough |
0708001-008 |
$1,929,908 |
$2,573,210 |
|
Jersey City MUA |
0906001-020 |
$4,965,000 |
$6,620,000 |
|
Jersey City MUA |
0906001-021 |
$8,250,000 |
$11,000,000 |
|
Jackson Twp. MUA |
1511001-013 |
$15,000,000 |
$20,000,000 |
|
Ship Bottom Borough |
1528001-003 |
$7,500,000 |
$10,000,000 |
|
South Orange Village |
0719001-012 |
$ 600,000 |
$800,000 |
|
Berkeley Twp. MUA |
1505004-009 |
$1,875,000 |
$2,500,000 |
|
Jersey City MUA |
0906001-015 |
$2,691,950 |
$3,589,266 |
|
Hoboken City |
0905001-001 |
$6,375,000 |
$8,500,000 |
|
Hightstown Borough |
1104001-010 |
$1,331,759 |
$1,775,678 |
|
Middlesex Water Co. |
1225001-025 |
$42,750,000 |
$57,000,000 |
|
Evesham MUA |
0313001-001 |
$1,950,000 |
$2,600,000 |
|
Moorestown Twp. |
0322001-002 |
$11,430,000 |
$15,240,000 |
|
Brick Twp. MUA |
1506001-009 |
$4,446,570 |
$5,928,760 |
|
Ship Bottom Borough |
1528001-004 |
$3,075,000 |
$4,100,000 |
|
Lakehurst Borough |
1513001-002 |
$ 900,000 |
$1,200,000 |
|
East Windsor MUA |
1101002-005 |
$1,500,000 |
$2,000,000 |
|
Clinton Town |
1005001-012 |
$2,625,000 |
$3,500,000 |
|
Long Beach Twp. |
1517001-015 |
$3,119,401 |
$4,159,201 |
|
Milltown Borough |
1212001-005 |
$1,350,000 |
$1,800,000 |
|
Allentown Borough |
1302001-002 |
$411,825 |
$549,100 |
|
Roosevelt Borough |
1341001-007 |
$450,000 |
$600,000 |
|
NJ American Water Co., Inc. |
2004002-013 |
$12,000,000 |
$16,000,000 |
|
Jackson Twp. MUA |
1511001-012 |
$8,250,000 |
$11,000,000 |
|
Clinton Town |
1005001-013 |
$2,250,000 |
$3,000,000 |
|
Brielle Borough |
1308001-004 |
$1,845,000 |
$2,460,000 |
|
Mount Arlington Borough |
1426005-001 |
$165,836 |
$250,285 |
|
Brielle Borough |
1308001-005 |
$2,700,000 |
$3,600,000 |
|
Hampton Borough |
1013001-001 |
$1,350,000 |
$1,800,000 |
|
Little Egg Harbor MUA |
1516001-003 |
$4,143,750 |
$5,525,000 |
|
National Park Borough |
0812001-004 |
$1,275,000 |
$1,700,000 |
|
Hopatcong Borough |
1912001-004 |
$75,000 |
$100,000 |
|
Hamburg Borough |
1909001-001 |
$63,750 |
$85,000 |
|
Highbridge Borough |
1014001-001 |
$75,000 |
$100,000 |
|
Hardyston Municipal Utility Authority |
1911006-003 |
$75,000 |
$100,000 |
|
Total Projects: 72 |
$430,155,294 |
$574,449,560 |
c. The department is authorized to adjust the allowable department loan amount for projects authorized in this section to between zero percent and 100 percent of the total allowable loan amount 1[, and, if] . If1 the department loan amount is adjusted to 100 percent of the total allowable loan amount, the loan shall be provided pursuant to the terms and conditions of the financing program year in which 1the construction loan component of the project was certified by the department and for which1 the trust issued an interim financing program loan 1[for the project]1 or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2022 financing program.
4. Any financing loan made by the department pursuant to this act shall be subject to the following requirements:
a. The Commissioner Environmental Protection has certified that the project is in compliance with the provisions of P.L.1977, c.224, P.L.1985, c.329, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225, or P.L.2003, c.162, and any rules and regulations adopted pursuant thereto;
b. Except as otherwise provided in this subsection, a loan for an environmental infrastructure project listed in section 2 or 3 of this act shall be subject to the terms and conditions of the financing program year in which 1the construction loan component of the project was certified by the department and for which1 the trust issued an interim financing program loan 1[for the project]1 or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2022 financing program. Notwithstanding any provision of this act or a financial plan of the trust for State fiscal years 2018 through 2021 developed pursuant to section 21 of P.L.1985, c.334 (C.58:11B-21) or section 25 of P.L.1997, c.224 (C.58:11B-21.1) to the contrary, a loan for an environmental infrastructure project listed in section 2 or 3 of this act that is partially funded from the proceeds of bonds issued by the trust to the United States Environmental Protection Agency pursuant to the federal "Water Infrastructure Finance and Innovation Act of 2014," 33 U.S.C. s.3901 et seq., shall be subject to terms and conditions regulating the blending of federal and other funds that are consistent with those provisions of 1[Section III of]1 the 1[applicable]1 financial plan of the trust for State fiscal year 1[2021] 20221 that reference the federal "Water Infrastructure Finance and Innovation Act of 2014;"
c. Notwithstanding the provisions of sections 2 and 3 of this act, the department allowable loan amount may be 100 percent of the total allowable loan amount for:
(1) clean water project and drinking water project loans to (a) municipalities that do not satisfy the New Jersey Infrastructure Bank credit policy but are subject to State financial supervision and oversight pursuant to the "Local Government Supervision Act (1947)," P.L.1947, c.151 (C.52:27BB-1 et seq.), or (b) municipal, county, or regional sewerage authorities, or utilities authorities, that do not satisfy the New Jersey Infrastructure Bank credit policy but where the municipal participant through its service agreement with the authority or utility is under State financial supervision and oversight pursuant to the "Local Government Supervision Act (1947)," P.L.1947, c.151 (C.52:27BB-1 et seq.), and the repayment obligation of the authority or utility is secured by the full faith and credit of the participating municipality pursuant to the service agreement; and
(2) clean water and drinking water loans to municipalities receiving funding under the United States Department of Housing and Urban Development Community Development Block Grant - Disaster Recovery Program (CDBG-DR);
d. With the exception of a loan for which the department issues 100 percent of the loan amount pursuant to subsection b. of section 2, subsection c. of section 3, and subsection c. of this section, the loan shall be conditioned upon approval of a loan from the New Jersey Infrastructure Bank pursuant to P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), prior to June 30, 2021;
e. The loan shall be repaid within a period not to exceed 30 years, or 45 years for combined sewer overflow abatement projects, of the making of the loan; and
f. The loan shall be subject to any other terms and
conditions as may be established by the commissioner and approved by the State
Treasurer, which may include, notwithstanding any other provision of law to the
contrary, subordination of a loan authorized in this act to loans made by the
New Jersey Infrastructure Bank pursuant to P.L. , c.
(pending before the Legislature as Senate Bill No. of
the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), or
to administrative fees payable to the trust pursuant to subsection o. of
section 5 of P.L.1985, c.334 (C.58:11B‑5).
5. Any Sandy financing loan made by the department pursuant to this act shall be subject to the following requirements:
a. The commissioner has certified that the project is in compliance with the provisions of Title X, Chapter 7 of the Federal Disaster Relief Appropriations Act;
b. The commissioner has certified that the project is in compliance with the provisions of P.L.1977, c.224, P.L.1985, c.329, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and any rules and regulations adopted pursuant thereto; and
c. The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in this act to loans made by the trust pursuant to P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session) prior to June 30, 2021, or to administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5).
6. The eligibility lists and authorization for the making of loans pursuant to sections 2 and 3 of this act shall expire on July 1, 2022, and any project sponsor which has not executed and delivered a loan agreement with the department for a loan authorized in this act shall no longer be entitled to that loan.
7. The Commissioner of Environmental Protection is authorized to reduce or increase the individual amount of loan funds made available to or on behalf of project sponsors pursuant to sections 2 and 3 of this act based upon final or low bid building costs defined in and determined in accordance with rules and regulations adopted by the commissioner pursuant to section 4 of P.L.1985, c.329, section 2 of P.L.1999, c.362 (C.58:12A-12.2), or section 5 of P.L.1981, c.261, provided that the total loan amount does not exceed the estimated total allowable loan amount. The commissioner is authorized to reduce or increase the individual amount of loan funds made available to or on behalf of project sponsors pursuant to sections 2 and 3 of this act in an amount not to
exceed 10 percent of the total allowable loan amount based upon additional project costs to comply with the department's guidance for asset management, emergency response, flood protection, and auxiliary power.
8. The expenditure of the funds appropriated by this act is subject to the provisions and conditions of P.L.1977, c.224, P.L.1085, c.302, P.L.1985, c.329, P.L.1989, c.181, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and the rules and regulations adopted by the Commissioner of Environmental Protection pursuant thereto, and the provisions of the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, and the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto.
9. The department shall provide general technical assistance to any project sponsor requesting assistance regarding environmental infrastructure project development or applications for funds for a project.
10. a. Prior to repayment to the Clean Water State Revolving Fund pursuant to sections 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the "1992 Wastewater Treatment Fund" pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, prior to repayment to the "2003 Water Resources and Wastewater Treatment Fund" pursuant to the provisions of section 20 of P.L.2003, c.162, prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, or prior to the repayment to the "Pinelands Infrastructure Trust Fund" pursuant to the provisions of section 5 of P.L.1985, c.302, repayments of loans made pursuant to these acts may be utilized by the New Jersey Infrastructure Bank established pursuant to P.L.1985, c.334 (C.58:11B‑1 et seq.), as amended and supplemented by P.L.1997, c.224, under terms and conditions established by the commissioner and trust, approved by the State Treasurer, and consistent with the provisions of P.L.1985, c.334 (C.58:11B‑1 et seq.) and federal tax, environmental or securities law, to the extent necessary to secure repayment of trust bonds issued to finance loans approved pursuant to P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), and
to secure the administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5) by the project sponsors receiving trust loans.
b. Prior to repayment to the Clean Water State Revolving Fund pursuant to section 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the "1992 Wastewater Treatment Fund" pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the "2003 Water Resources and Wastewater Treatment Fund" pursuant to the provisions of section 20 of P.L.2003, c.162, prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, or prior to repayment to the "Pinelands Infrastructure Trust Fund" pursuant to the provisions of section 5 of P.L.1985, c.302, the trust is further authorized to utilize repayments of loans made pursuant to P.L.1989, c.189, P.L.1990, c.99, P.L.1991, c.325, P.L.1992, c.38, P.L.1993, c.193, P.L.1994, c.106, P.L.1995, c.219, P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, P.L.2002, c.70, P.L.2003, c.158, P.L.2004, c.109, P.L.2005, c.196, P.L.2006, c.68, P.L.2007, c.139, P.L.2008, c.68, P.L.2009, c.102, P.L.2010, c.63, P.L.2011, c.93, P.L.2012, c.43, P.L.2013, c.95, P.L.2014, c.25, P.L.2015, c.108, P.L.2016, c.32, P.L.2017, c.143, as amended by P.L.2017, c.326, P.L.2018, c.85, as amended by P.L.2018, c.137, P.L.2019, c.12, P.L.2019, c.193, as amended by P.L.2019, c.514, P.L.2020, c.49, as amended by P.L.2021, c.21, or P.L. , c. (pending before the Legislature as this bill) to secure repayment of trust bonds issued to finance loans approved pursuant to P.L.1995, c.218, P.L.1996, c.87, P.L.1997, c.222, P.L.1998, c.85, P.L.1999, c.173, P.L.2000, c.93, P.L.2001, c.224, P.L.2002, c.71, P.L.2003, c.159, P.L.2004, c.110, P.L.2005, c.197, P.L.2006, c.67, P.L.2007, c.140, P.L.2008, c.67, P.L.2009, c.101, P.L.2010, c.62, P.L.2011, c.95, P.L.2012, c.38, P.L.2013, c.94, P.L.2014, c.26, P.L.2015, c.107, P.L.2016, c.31, P.L.2017, c.142, as amended by P.L.2017, c.327, P.L.2018, c.84, as amended by P.L.2019, c.30, P.L.2019, c.192, as amended by P.L.2019, c.515, P.L.2020, c.48, as amended by P.L.2021, c.22, or P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), and to secure the administrative fees payable to the trust under these loans pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5).
c. To the extent that any loan repayment sums are
used to satisfy any trust bond repayment or administrative fee payment
deficiencies, the trust shall repay such sums to the department for deposit
into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the
"1992 Wastewater Treatment Fund," the "Water Supply Fund," the Drinking Water
State Revolving Fund, the "2003 Water Resources and Wastewater Treatment Fund,"
the "Stormwater Management and Combined Sewer Overflow Abatement Fund," or the
"Pinelands Infrastructure Trust Fund," as appropriate, from amounts received by
or on behalf of the trust from project sponsors causing any such deficiency.
11. The Commissioner of Environmental Protection is authorized to enter into capitalization grant agreements as may be required pursuant to the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, or the Federal Safe Drinking Water Act.
12. There is appropriated to the New Jersey Infrastructure Bank established pursuant to P.L.1985, c.334 (C.58:11B-1 et seq.) from repayments of loans and interest deposited in any account, on or before June 30, 2022, including the "Clean Water State Revolving Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," the "2003 Water Resources and Wastewater Treatment Fund," or the Drinking Water State Revolving Fund, as appropriate, and from any net earnings received from the investment and reinvestment of such deposits, such sums as the chairperson or secretary of the trust shall certify to the Commissioner of Environmental Protection to be necessary and appropriate for deposit into one or more reserve funds or accounts established by the trust pursuant to section 11 of P.L.1985, c.334 (C.58:11B-11).
13. There is appropriated to the New Jersey Infrastructure Bank established pursuant to P.L.1985, c.334 (C.58:11B-1 et seq.), funds from the Federal Disaster Relief Appropriations Act deposited in any account including the Clean Water State Revolving Fund, the "Water Supply Fund," or the Drinking Water State Revolving Fund, as appropriate, 1funds transferred by the department to the New Jersey Infrastructure Bank pursuant to paragraph (21) of subsection a. of section 1 of P.L. , c. (pending before the Legislature as this bill),1 and 1funds1 from any net earnings received from the investment and reinvestment of such deposits, such sums as the chairperson of the trust certifies to the Commissioner of Environmental Protection to be necessary and appropriate for deposit into one or more reserve funds or accounts established by the trust pursuant to section 11 of P.L.1985, c.334 (C.58:11B-11).
14. This act shall take effect immediately.
Appropriates funds to DEP for environmental infrastructure projects for FY2022.
