Bill Text: NJ S1980 | 2012-2013 | Regular Session | Introduced
Bill Title: Appropriates funds to DEP for environmental infrastructure projects for FY2013.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-21 - Substituted by A2876 [S1980 Detail]
Download: New_Jersey-2012-S1980-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Appropriates funds to DEP for environmental infrastructure projects for FY2013.
CURRENT VERSION OF TEXT
As introduced.
An Act appropriating moneys to the Department of Environmental Protection for the purpose of making grants, 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 of Environmental Protection 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 2012 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 of Environmental Protection from the "Interim Financing Program Fund" created and established by the New Jersey Environmental Infrastructure Trust 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 required or will 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 of Environmental Protection 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 2012 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 of Environmental Protection 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 said maximum amount is hereby appropriated to the department for those purposes.
The Department of Environmental Protection 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 said maximum amount is hereby appropriated to the department for those purposes.
(4) There is appropriated to the Department of Environmental Protection the unappropriated balances from the "Clean Water State Revolving Fund" and any repayments of loans and interest therefrom, for the purposes of clean water project loans and providing the State match as available on or before June 30, 2013, as required or will 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.
(5) There is appropriated to the Department of Environmental Protection 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 available on or before June 30, 2013, for the purposes of clean water project loans and providing the State match as required or will 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 of Environmental Protection 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 available on or before June 30, 2013, for the purposes of clean water project loans and providing the State match as required or will 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 of Environmental Protection 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 available on or before June 30, 2013, for the purposes of clean water project loans and providing the State match as required or will 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 of Environmental Protection the unappropriated balances from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and any repayments of loans and interest therefrom, that are or may become available on or before June 30, 2013.
(9) There is appropriated to the Department of Environmental Protection such sums as may be needed from loan repayments and interest earnings from the "Water Supply Fund" for the "Drinking Water State Revolving Fund (DWSRF) Match Accounts" contained within such fund for the purpose of providing the State match as required or will 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.
(10) There is appropriated to the Department of Environmental Protection from the "Interim Financing Program Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9) such amounts as may be or become available on or before June 30, 2013, 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 required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Safe Drinking Water Act.
(11) There is appropriated to the Department of Environmental Protection such sums as may be or become available on or before June 30, 2013, 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 required or will 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.
(12) Of the sums appropriated to the Department of Environmental Protection 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 or become available on or before June 30, 2013, 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 required or will 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) Of the sums appropriated to the Department of Environmental Protection 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 or become available on or before June 30, 2013, 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 required or will 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.
(14) Of the sums appropriated to the Department of Environmental Protection 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 or become available on or before June 30, 2013, 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 required or will 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.
(15) There is appropriated to the Department of Environmental Protection the sums deposited by the New Jersey Environmental Infrastructure Trust 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," 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. 1981 of 2012 and Assembly Bill No. 2877 of 2012), as available on or before June 30, 2013, for the purposes of providing clean water project loans and drinking water project loans and providing the State match as required or will 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.
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 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 Clean Water Act, and any amendatory and supplementary acts thereto, 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 Wastewater Treatment Project Bond Act of 2003" (P.L.2003, c.162), the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto, and State law.
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, provided:
(1) a maximum of $10 million shall be issued to Barnegat Bay Watershed green infrastructure projects as provided in subsection a. of section 3 of this act, addressing projects in the priority stated to the extent there are sufficient eligible project applications, wherein principal forgiveness shall be a minimum of 25 percent of the fund loan amount per project sponsor.
The $10 million shall be made available for the highest ranked projects in ranked order and shall consist of at least 25 percent principal forgiveness loans, except that any such amounts may be reduced if a project fails to meet the requirements of section 4 or 5 of this act, or by the Commissioner of Environmental Protection pursuant to section 6 of this act;
(2) a maximum of $30 million shall be issued to finance clean water projects at the site of a remediation and redevelopment project as provided in subsection a. of section 3 of this act, addressing projects in the priority stated, to the extent there are sufficient eligible project applications; and
(3) a minimum of 10 percent of the 2012 Clean Water State Revolving Fund capitalization grant or an equivalent amount of Clean Water State Revolving Funds shall be issued to projects in subsection a. of section 3 of this act addressing green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities allocated to projects in the priority stated, to the extent there are sufficient eligible project applications.
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 20 percent of the 2012 Drinking Water State Revolving Fund capitalization grant may be issued to projects addressing green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities allocated to projects in the priority stated, to the extent there are sufficient eligible project applications;
(2) a maximum of 30 percent of the 2012 Drinking Water State Revolving Fund capitalization grant shall be issued to projects for principal forgiveness financing loans, wherein principal forgiveness to drinking water systems servicing more than 500 residents shall not exceed the lesser of 20 percent or $2.5 million of the combined trust loan amount and fund loan amount per project sponsor or wherein principal forgiveness to drinking water systems servicing fewer than 500 residents shall not exceed the lesser of 50 percent or $5 million of the estimated total loan amount per project sponsor; and
(3) a minimum of $3 million from the 2012 Drinking Water State Revolving Fund capitalization grant shall be issued to finance projects for drinking water systems serving populations less than 10,000, to the extent there are sufficient eligible project applications, provided, however, a maximum of $5 million from the 2012 Drinking Water State Revolving Fund capitalization grant may be issued as principal forgiveness financing loans to projects for drinking water systems serving populations less than 10,000, in which principal forgiveness shall not exceed 50% of the estimated total loan amount per project sponsor. Any such amounts may be reduced if a project fails to meet the requirements of section 4 or 5 of this act, or by the Commissioner of Environmental Protection pursuant to section 6 of this act.
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 as 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, and sections 1 and 2 of P.L.2011, c.93, 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.1996, 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 and section 6 of P.L.2011, c.93, 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 2012 and State fiscal year 2013 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.
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 Number |
Estimated DEP Loan Amount |
Estimated Total Allowable Loan Amount |
|
|
Caldwell Borough |
S340523-04-1 |
$664,500 |
$886,000 |
|
North Bergen MUA |
S340399-21-1 |
$2,484,750 |
$3,313,000 |
|
North Hudson SA |
S340952-12-1 |
$3,385,500 |
$4,514,000 |
|
Milltown Borough |
S340102-02-1 |
$591,000 |
$788,000 |
|
Newark City |
S340815-05-1 |
$7,587,750 |
$10,117,000 |
|
Passaic Valley SC |
S340689-03-1 |
$14,485,500 |
$19,314,000 |
|
Passaic Valley SC |
S340689-10-1 |
$10,015,500 |
$13,354,000 |
|
Camden County MUA |
S340640-10-1 |
$7,875,000 |
$10,500,000 |
|
Total |
8 Projects |
$47,089,500 |
$62,786,000 |
(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 6 of this act and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal years 2006, 2007, 2008, 2010, and 2012 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 or section 5 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.
b. The Department of Environmental Protection is authorized to adjust the allowable Department of Environmental Protection loan amount for projects authorized in this section to between 25% and 75% of the total allowable loan amount.
3. a. The following environmental infrastructure projects shall be known and may be cited as the "State Fiscal Year 2013 Clean Water Project Priority List":
|
Project Sponsor |
Project Number |
Estimated DEP Loan Amount |
Estimated Total Allowable Loan Amount |
|
Stafford Township |
SB344100-02 |
$742,500 |
$990,000 |
|
Ocean County |
SB344080-02 |
$3,816,750 |
$5,089,000 |
|
Ocean Gate Borough |
SB344180-01 |
$1,542,000 |
$2,056,000 |
|
Newark City |
S340815-21 |
$8,926,500 |
$11,902,000 |
|
Elizabeth City |
S340942-13 |
$8,851,500 |
$11,802,000 |
|
Elizabeth City |
S340942-14 |
$2,286,000 |
$3,048,000 |
|
Jersey City MUA |
S340928-09 |
$2,087,250 |
$2,783,000 |
|
Jersey City MUA |
S340928-10 |
$2,568,000 |
$3,424,000 |
|
Jersey City MUA |
S340928-11 |
$3,236,250 |
$4,315,000 |
|
Ocean County UA |
S340372-49 |
$1,311,750 |
$1,749,000 |
|
Camden County MUA |
S340640-13 |
$4,180,500 |
$5,574,000 |
|
Warren County MUA (Pequest) |
S340454-04 |
$11,853,750 |
$15,805,000 |
|
Morris Township |
S340724-05 |
$4,884,750 |
$6,513,000 |
|
Hanover SA |
S340388-05 |
$7,587,000 |
$10,116,000 |
|
Cinnaminson SA |
S340170-06 |
$1,614,750 |
$2,153,000 |
|
Evesham MUA |
S340838-04 |
$1,938,750 |
$2,585,000 |
|
Passaic Valley SC |
S340689-20 |
$3,902,250 |
$5,203,000 |
|
Bergen County UA |
S340386-11 |
$12,575,250 |
$16,767,000 |
|
Atlantic County UA |
S340809-22 |
$1,197,000 |
$1,596,000 |
|
Gloucester County UA |
S340902-09 |
$2,508,750 |
$3,345,000 |
|
Maple Shade Township |
S340710-08 |
$1,496,250 |
$1,995,000 |
|
Passaic Valley SC |
S340689-21 |
$882,000 |
$1,176,000 |
|
Asbury Park City |
S340883-05 |
$1,866,000 |
$2,488,000 |
|
Cinnaminson SA |
S340170-04 |
$1,341,750 |
$1,789,000 |
|
Ocean Township |
S340112-03 |
$787,500 |
$1,050,000 |
|
Atlantic Highlands Borough |
S340857-03 |
$2,355,000 |
$3,140,000 |
|
Cranford Township |
S340858-01 |
$743,250 |
$991,000 |
|
Middlesex County UA |
S340699-10 |
$7,698,750 |
$10,265,000 |
|
Ocean County UA |
S340372-51 |
$4,224,750 |
$5,633,000 |
|
Ocean County UA |
S340372-52 |
$212,250 |
$283,000 |
|
Gloucester County UA |
S340902-10 |
$317,250 |
$423,000 |
|
Toms River Township MUA |
S340145-03 |
$1,981,500 |
$2,642,000 |
|
Toms River Township MUA |
S340145-04 |
$2,505,000 |
$3,340,000 |
|
Perth Amboy City |
S340435-09 |
$2,529,750 |
$3,373,000 |
|
Jackson Township MUA |
S340953-03 |
$614,250 |
$819,000 |
|
National Park Borough |
S340419-01 |
$1,285,500 |
$1,714,000 |
|
Ocean Gate Borough |
S340151-01 |
$264,750 |
$353,000 |
|
Point Pleasant Borough |
S340428-01 |
$1,596,750 |
$2,129,000 |
|
Ocean County UA |
S340372-48 |
$13,863,000 |
$18,484,000 |
|
Ocean County UA |
S340372-50 |
$744,000 |
$992,000 |
|
Watchung Borough |
S340823-02 |
$982,500 |
$1,310,000 |
|
Clifton City |
S340844-03 |
$3,897,000 |
$5,196,000 |
|
Harrison Township |
S340362-06 |
$14,439,000 |
$19,252,000 |
|
Middletown Township |
S340097-01 |
$2,906,250 |
$3,875,000 |
|
Gloucester Township |
S340364-08 |
$552,750 |
$737,000 |
|
NJ Water Supply Authority |
S340421-01 |
$23,328,000 |
$31,104,000 |
|
Linwood City |
S340217-01 |
$618,000 |
$824,000 |
|
Highlands Borough |
S340901-03 |
$3,379,500 |
$4,506,000 |
|
Bellmawr Borough |
S342011-02 |
$7,365,750 |
$9,821,000 |
|
NJ Water Supply Authority |
S343054-09 |
$2,047,500 |
$2,730,000 |
|
New Jersey City University |
S340111-02 |
$12,825,000 |
$17,100,000 |
|
Carteret Borough |
S340939-07 |
$10,424,250 |
$13,899,000 |
|
Cumberland County UA |
S340550-06 |
$1,511,250 |
$2,015,000 |
|
Stafford Township |
S344100-03 |
$3,685,500 |
$4,914,000 |
|
Seaside Park Borough |
S344200-02 |
$1,059,750 |
$1,413,000 |
|
Bay Head Borough |
S344120-02 |
$204,750 |
$273,000 |
|
Long Beach Township |
S344170-02 |
$507,000 |
$676,000 |
|
Winslow Township |
S340895-08 |
$1,460,250 |
$1,947,000 |
|
Secaucus MUA |
S340154-02 |
$315,000 |
$420,000 |
|
Burlington Township |
S340712-10 |
$953,250 |
$1,271,000 |
|
Gloucester County UA |
S340902-11 |
$375,000 |
$500,000 |
|
Rockaway Valley RSA |
S340821-06 |
$5,134,500 |
$6,846,000 |
|
Oradell Borough |
S340835-01 |
$959,250 |
$1,279,000 |
|
Middlesex County UA |
S340699-11 |
$15,222,750 |
$20,297,000 |
|
Old Bridge Township |
S340945-12 |
$7,879,500 |
$10,506,000 |
|
Fanwood Borough |
S340429-01 |
$1,698,000 |
$2,264,000 |
|
Total |
66 Projects |
$258,651,750 |
$344,869,000 |
b. The following environmental infrastructure projects shall be known and may be cited as the "State Fiscal Year 2013 Drinking Water Project Priority List":
|
Project Sponsor |
Project Number |
Estimated DEP Loan Amount |
Estimated Total Allowable Loan Amount |
|
Vineland City |
0614003-010 |
$2,979,750 |
$3,973,000 |
|
Sea Village Marina |
0108021-002 |
$504,000 |
$672,000 |
|
Newark City |
0714001-016 |
$7,023,750 |
$9,365,000 |
|
Newark City |
0714001-017 |
$1,109,250 |
$1,479,000 |
|
Newark City |
0714001-015 |
$8,418,750 |
$11,225,000 |
|
Jersey City/Jersey City MUA |
0906001-008 |
$6,524,250 |
$8,699,000 |
|
Jersey City/Jersey City MUA |
0906001-007 |
$10,897,500 |
$14,530,000 |
|
Manchester Utilities Authority |
1603001-011 |
$570,750 |
$761,000 |
|
Southeast Monmouth MUA |
1352005-005 |
$6,615,750 |
$8,821,000 |
|
Aqua NJ - Southern |
0415002-008 |
$1,096,500 |
$1,462,000 |
|
Manchester Utilities Authority |
1603001-006 |
$1,119,750 |
$1,493,000 |
|
Manchester Utilities Authority |
1603001-012 |
$232,500 |
$310,000 |
|
Collingswood Borough |
0412001-002 |
$262,500 |
$350,000 |
|
Jersey City MUA |
0906001-006 |
$12,860,250 |
$17,147,000 |
|
New Jersey City U./Jersey City MUA |
0906001-005 |
$716,250 |
$955,000 |
|
Ocean Township |
1520001-004 |
$669,750 |
$893,000 |
|
Fountainhead Properties, Inc. |
1511013-001 |
$182,250 |
$243,000 |
|
Collingswood Borough |
0412001-003 |
$654,750 |
$873,000 |
|
Ventnor City |
0122001-001 |
$1,575,000 |
$2,100,000 |
|
Woodbury City |
0822001-001 |
$2,638,500 |
$3,518,000 |
|
Evesham MUA |
0313001-001 |
$1,401,750 |
$1,869,000 |
|
Fountainhead Properties, Inc. |
1511013-002 |
$57,000 |
$76,000 |
|
Manchester Utilities Authority |
1603001-013 |
$190,500 |
$254,000 |
|
Middlesex Water Company |
1225001-014 |
$3,150,000 |
$4,200,000 |
|
Clayton Borough |
0801001-001 |
$3,000,750 |
$4,001,000 |
|
Millville City |
0610001-002 |
$2,953,500 |
$3,938,000 |
|
Independence MUA |
2112001-001 |
$196,500 |
$262,000 |
|
Collingswood Borough |
0412001-004 |
$829,500 |
$1,106,000 |
|
Collingswood Borough |
0412001-005 |
$436,500 |
$582,000 |
|
Hampton Borough |
1013001-001 |
$358,500 |
$478,000 |
|
Jackson Township MUA |
1511001-009 |
$591,000 |
$788,000 |
|
Fountainhead Properties, Inc. |
1511013-004 |
$176,250 |
$235,000 |
|
Fountainhead Properties, Inc. |
1511013-003 |
$18,000 |
$24,000 |
|
Pine Beach Borough |
1522001-001 |
$543,750 |
$725,000 |
|
Marlboro Township |
1328002-001 |
$5,772,750 |
$7,697,000 |
|
Pine Beach Borough |
1522001-002 |
$353,250 |
$471,000 |
|
Hammonton Town |
0113001-005 |
$1,630,500 |
$2,174,000 |
|
Merchantville-Pennsauken Water Commission |
0424001-007 |
$2,008,500 |
$2,678,000 |
|
Flemington Borough |
1009001-006 |
$1,111,500 |
$1,482,000 |
|
Flemington Borough |
1009001-007 |
$555,750 |
$741,000 |
|
Matawan Borough |
1329001-005 |
$740,250 |
$987,000 |
|
Flemington Borough |
1009001-008 |
$126,000 |
$168,000 |
|
Montclair Township |
0713001-008 |
$1,573,500 |
$2,098,000 |
|
Total |
43 Projects |
$94,427,250 |
$125,903,000 |
c. The Department of Environmental Protection is authorized to adjust the allowable DEP loan amount for projects authorized in this section to between 25% and 75% of the total allowable loan amount.
4. Any financing loan made by the Department of Environmental Protection 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. The estimated DEP allowable loan amount shall not exceed 75% of the total allowable loan amount of the environmental infrastructure facility for projects listed in subsection a. of section 2 of this act, and in subsections a. and b. of section 3 of this act. The loan amount for supplemental loans shall not exceed that percentage of the allowable project cost of the project's initial program loan;
c. The loan shall be repaid within a period not to exceed 23 years of the making of the loan;
d. 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. 1981 of 2012 and Assembly Bill No. 2877 of 2012), 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. The priority lists and authorization for the making of loans pursuant to sections 2 and 3 of this act shall expire on July 1, 2013, 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.
6. 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 original loan amount.
7. The expenditure of the funds appropriated by this act is subject to the provisions and conditions 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 the rules and regulations adopted by the Commissioner of Environmental Protection pursuant thereto, and the provisions of the Federal Clean Water Act or the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto, as appropriate.
8. The Department of Environmental Protection shall provide general technical assistance to any project sponsor requesting assistance regarding environmental infrastructure project development or applications for funds for a project.
9. a. 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 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, or prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, repayments of loans made pursuant to these acts may be utilized by the New Jersey Environmental Infrastructure Trust 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, and 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. 1981 of 2012 and Assembly Bill No. 2877 of 2012), 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, or 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, 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, or P.L. , c. (pending before the Legislature as Senate Bill No. 1980 of 2012 and Assembly Bill No. 2876 of 2012) 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, or P.L. , c. (pending before the Legislature as Senate Bill No. 1981 of 2012 and Assembly Bill No. 2877 of 2012), 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," or the "Stormwater Management and Combined Sewer Overflow Abatement Fund," as appropriate, from amounts received by or on behalf of the trust from project sponsors causing any such deficiency.
10. The Commissioner of Environmental Protection is authorized to enter into capitalization grant agreements as may be required pursuant to the Federal Clean Water Act or the Federal Safe Drinking Water Act.
11. There is appropriated to the New Jersey Environmental Infrastructure Trust 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, 2013, 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," "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 chairman 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 the Interim Financing Program Fund established by the trust pursuant to section 11 of P.L.1985, c.334 (C.58:11B‑11).
12. This act shall take effect immediately.
STATEMENT
This bill appropriates certain federal and State moneys to the Department of Environmental Protection (DEP) for the purpose of implementing the State Fiscal Year 2013 New Jersey Environmental Infrastructure Financing Program, which is expected to finance approximately $534 million in environmental infrastructure projects for State Fiscal Year 2013.
The New Jersey Environmental Infrastructure Financing Program has completed twenty-five annual financing cycles and financed over 1,000 projects totaling over $5.9 billion throughout the State. The program has reduced financing costs for project sponsors by approximately 25 - 30 percent. From its inception, the program has saved borrowers approximately $2.2 billion, generated more than 110,000 construction jobs, and stimulated significant improvements to the State's clean water and drinking water infrastructure.
The State Fiscal Year 2013 New Jersey Environmental Infrastructure Financing Program consists of three loan programs: the Traditional Financing Program, which comprises the large majority of program loan activity, the Planning and Design Financing Program established pursuant to section 1 of P.L.2009, c.59 (C.58:11B-9.2) and the Emergency Loan Program established pursuant to section 4 of P.L.2007, c.138 (C.58:11B-9.1). Projects that are approved to receive Traditional Financing may also receive Interim Financing which provides project financing from the receipt of pre-award approval and project certification until issuance of the project's long-term bond financing under the Interim Financing program established pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9).
Approximately $290 million will be available for clean water project loans and $61 million for drinking water project loans under the Traditional Financing Program. Funding sources for the program include prior federal capitalization grants, State bond issue proceeds, and various prior legislative appropriations, loan repayments, interest earnings, and market rate loans made by the New Jersey Environmental Infrastructure Trust (Trust).
The 2012 Clean Water State Revolving Fund grant is $60 million, and the 2012 Drinking Water State Revolving Fund grant is anticipated to be approximately $19.2 million. Approximately $6 million of the 2012 Clean Water State Revolving Fund grant together with $1.5 million in Trust loans will be utilized to finance green and energy efficiency clean water projects totaling approximately $7.5 million. Approximately $1 million of the 2012 Drinking Water State Revolving Fund grant together with $250,000 in Trust loans may be utilized to finance green and energy efficiency drinking water projects totaling $1.25 million.
Approximately $30 million of the 2012 Clean Water State Revolving Fund grant together with $7.5 million in Trust loans will be utilized to finance clean water redevelopment projects totaling $37.5 million. Approximately $10 million of the 2012 Clean Water State Revolving Fund grant and up to $6.4 million of the 2012 Drinking Water State Revolving Fund grant will be utilized for principal forgiveness loans. Clean Water principal forgiveness loans will be limited to Barnegat Bay green infrastructure projects and will consist of 25 percent Trust Loans and 75 percent Fund loans, wherein a minimum of one-third of the Fund loan will be subject to principal forgiveness. There will be a project cap of $2 million for principal forgiveness per project. No project sponsor may receive principal forgiveness in excess of this amount regardless of the number of projects it is sponsoring. However, a borrower sponsoring multiple projects on the clean water project list may combine the projects and utilize all or any portion of the $2 million on any one or more projects of its choosing. Long-term financing loans will be made on the basis of priority ranking. Drinking Water principal forgiveness loans will be based on priority ranking and may be based on small systems serving less than 10,000 residents.
The DEP has established a $40 million reserve for principal forgiveness loans to the highest ranked Barnegat Bay watershed green infrastructure projects to be awarded according to ranking methodology unique to these projects. Of this reserve, $10 million is allocated for 25% or greater principal forgiveness loans for the highest green infrastructure projects such as pervious surfaces, rain gardens and green roofs and nutrient reduction projects. The source for the principal forgiveness loans is the federal fiscal year 2010 Clean Water capitalization grant.
The bill appropriates to the DEP moneys from:
(1) the Clean Water State Revolving Fund established pursuant to section 1 of P.L.2009, c.77, in an amount equal to the federal fiscal year 2012 capitalization grant made available to the State pursuant to the Federal Clean Water Act for clean water project loans;
(2) the "Interim Financing Program Fund" created and established by the Trust pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9), in such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State pursuant to the Federal Clean Water Act;
(3) the Drinking Water State Revolving Fund established pursuant to section 1 of P.L.1998, c.84, in an amount equal to the federal fiscal year 2012 capitalization grant made available to the State pursuant to the Federal Safe Drinking Water Act for drinking water projects;
(4) the "Wastewater Treatment Fund" established pursuant to section 15 of the "Wastewater Treatment Bond Act of 1985," (P.L.1985, c.329), in amounts constituting the unappropriated balances therefrom for clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State pursuant to the Federal Clean Water Act for clean water projects; and
(5) the "Clean Water State Revolving Fund" established pursuant to section 1 of P.L.2009, c.77, in amounts constituting any repayments of loans and interest therefrom for clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State pursuant to the Federal Clean Water Act for clean water projects.
The bill authorizes the DEP 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 appropriate an amount equal to this maximum amount to the DEP for those purposes.
The bill further appropriates to the DEP moneys from:
(1) 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), in amounts constituting the unappropriated balances therefrom for the purposes of clean water project loans and providing the State match as required or will 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;
(2) 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), in amounts constituting the unappropriated balances therefrom for the purposes of clean water project loans and providing the State match as required or will 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) the Drinking Water State Revolving Fund, in amounts constituting the unappropriated balances therefrom for the purposes of drinking water project loans; and
(4) the "Water Supply Fund" established pursuant to section 14 of the "Water Supply Bond Act of 1981" (P.L.1981, c.261), in such sums as may be or become available on or before June 30, 2012 as repayments of drinking water project loans therefrom for the purposes of drinking water project loans and providing the State match as required or will 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.
The bill authorizes the DEP to transfer from previous appropriations made from the "Water Supply Fund" any unexpended balances and any repayments of loans and interest therefrom in such amounts as needed to the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as required or will 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.
The bill authorizes the DEP to transfer from previous appropriations made from the "1992 Wastewater Treatment Fund" any unexpended balances and any repayments of loans and interest therefrom in such amounts as needed to the Clean Water State Revolving Fund Accounts for the purposes of clean water project loans and providing the State match as required or will 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.
The bill authorizes the DEP to transfer from an appropriation made from the "2003 Water Resources and Wastewater Treatment Fund" pursuant to P.L.2004, c.109, and P.L.2007, c.139, any unexpended balances and any repayments of loans and interest therefrom in such amounts as needed to the Clean Water State Revolving Fund Accounts for the purposes of clean water project loans and providing the State match as required or will 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.
The bill further appropriates to the DEP moneys from the sums deposited by the Trust into the "Wastewater Treatment 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" the "Clean Water State Revolving 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 2012 and Assembly Bill No. of 2012), for the purposes of clean water project loans and drinking water project loans and providing the State match as required or will 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.
The DEP would use the funds appropriated under this bill to make zero interest loans to local governments and privately-owned water companies (project sponsors) for between 25% and 75% of eligible project costs for up to: (1) $259 million for 66 new clean water projects included in the "State Fiscal Year 2013 Clean Water Project Priority List," and $47 million for eight clean water projects through supplemental zero interest loans to project sponsors that had previously received a loan; and (2) $94 million for 43 new drinking water projects included in the "State Fiscal Year 2013 Drinking Water Project Priority List." The supplemental loans constitute the difference between the allowable loan amount required by the project and the loan amount certified by the Commissioner of Environmental Protection in State FY 2006, 2007, 2008, 2010, and 2012.
A companion bill, Senate Bill No. of 2012 and Assembly Bill No. of 2012, would authorize the Trust to make market rate loans to local governments and privately-owned water companies (project sponsors) for between 25% and 75% of eligible project costs for up to (1) $259 million for 66 new clean water projects included in the "State Fiscal Year 2013 Clean Water Project Priority List," and supplemental loans totaling $47 million to eight project sponsors that had previously received a loan; and (2) $94 million for 43 new drinking water projects included in the "State Fiscal Year 2013 Drinking Water Project Priority List."
Under this bill, in conjunction with Senate Bill No. of 2012 and Assembly Bill No. of 2012, the State Fiscal Year 2013 New Jersey Environmental Infrastructure Financing Program would finance $534 million in environmental infrastructure projects for State Fiscal Year 2013 subject to the availability of funds.
