Bill Text: NJ S2003 | 2010-2011 | Regular Session | Amended
Bill Title: Appropriates funds to DEP for environmental infrastructure projects.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-06-28 - Substituted by A2928 [S2003 Detail]
Download: New_Jersey-2010-S2003-Amended.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Morris and Somerset)
Senator JIM WHELAN
District 2 (Atlantic)
Co-Sponsored by:
Senator Beach
SYNOPSIS
Appropriates funds to DEP for environmental infrastructure projects.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on June 21, 2010, with amendments.
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 2010 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 2010 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, 2011, 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, 2011, 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, 2011, 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, 2011, 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 "Wastewater Treatment Fund" established pursuant to section 15 of the "Wastewater Treatment Bond Act of 1985," P.L.185 c.329 the sum of $1,247,269 resulting from the cancellation of the following appropriations made pursuant to P.L.2008 c.115;
Hackensack City $665,140
Hudson County $133,028
Perth Amboy City $399,083
Wall Township $33,257
Ocean County $16,761
(9) 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, as available on or before June 30, 2011.
(10) There is appropriated to the Department of Environmental Protection the sum of $11 million from loan repayments and interest earnings from the "Water Supply Fund" to 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.
(11) 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 available on or before June 30, 2011, 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.
(12) There is appropriated to the Department of Environmental Protection such sums as available on or before June 30, 2011, 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.
(13) 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 available on or before June 30, 2011, 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.
(14) 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 available on or before June 30, 2011, 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.
(15) 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 available on or before June 30, 2011, 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.
(16) 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. 2002 of 2010 and Assembly Bill No. of 2010), as available on or before June 30, 2011, 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 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 American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Federal Clean Water Act, and any amendatory and supplementary acts thereto, the "Clean Water State Revolving Fund Act" (P.L.2009, c77), 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 minimum of 20 percent of the 2010 Clean Water State Revolving Fund capitalization grant 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; and (2) principal forgiveness shall constitute 30 percent of the amount of the 2010 Clean Water State Revolving Fund capitalization grant, wherein principal forgiveness shall not exceed the lesser of 25 percent or $2.5 million of the combined trust loan amount and fund loan amount per project sponsor and allocated to projects in subsection a. of section 3 of this act in the priority stated, and except as any such amount may be reduced by the Commissioner of Environmental Protection pursuant to section 6 of this act, or if a project fails to meet the requirements of section 4 or section 5 of this act.
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 2 and 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 minimum of 20 percent of the 2010 Drinking Water State Revolving Fund capitalization grant shall be issued to projects in subsection b. 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; and (2) principal forgiveness shall constitute 30 percent of the amount of the 2010 Drinking Water State Revolving Fund capitalization grant, wherein principal forgiveness to other than drinking water systems servicing fewer than 500 residents shall not exceed the lesser of 25 percent or $2.5 million of the combined trust loan amount and fund loan amount per project sponsor and allocated to projects in subsection b. of section 3 of this act in the priority stated or wherein principal forgiveness to drinking water systems servicing fewer than 500 residents shall not exceed the lesser of 50 percent or $2.5 million of the combined trust loan amount and fund loan amount per project sponsor and allocated to projects in subsection b. of section 3 of this act in the priority stated, and except as any such amount may be reduced by the Commissioner of Environmental Protection pursuant to section 6 of this act, or if a project fails to meet the requirements of section 4 or section 5 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, and sections 1 and 2 of P.L.2009, c102, 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, and section 7 of P.L.2009, c.102, 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
2010 and State fiscal year 2011 pursuant to the provisions of section 16 of
P.L.1985, c.329, and section 2 of P.L.2010, c.77, 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 a grant pursuant to subsection a. of section 6 of the "Wastewater Treatment Bond Act of 1985," P.L.1985, c.329 to the Borough of Madison, Project No. S340715-04B-1 in an amount not to exceed $200,000.
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 Total Allowable Loan Amount |
Estimated Allowable DEP Loan Amount |
Bergen County UA |
S340386-07-1 |
$525,000 |
$262,500 |
Camden County MUA |
S340640-06,09,11-1 |
$20,160,000 |
$10,080,000 |
Haledon Borough |
S340173-01-1 |
$315,000 |
$157,500 |
Hamilton Township |
S340898-03-1 |
$525,000 |
$262,500 |
Jersey City MUA |
S340928-02-1 |
$3,885,000 |
$1,942,500 |
Madison Borough |
S340715-04B-1 |
$420,000 |
$210,000 |
Medford Township |
S340346-05-1 |
$3,780,000 |
$1,890,000 |
Montgomery Township |
S340130-02-1 |
$10,815,000 |
$5,407,500 |
New Brunswick City |
S340437-11-1 |
$1,890,000 |
$945,000 |
Pequannock Lincoln Park and Fairfield SA |
S340880-03-1 |
$2,835,000 |
$1,417,500 |
Wanaque Valley RSA |
S340780-03-1 |
$4,830,000 |
$2,415,000 |
West Milford Township MUA |
S340701-09-1 |
$1,050,000 |
$525,000 |
Total: |
|
$51,030,000 |
$25,515,000 |
(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 2002, 2004, 2008, 2009, and 2010 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 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 Sponsor |
Project Number |
Estimated Total Allowable Loan Amount |
Estimated Allowable DEP Loan Amount |
Perth Amboy City |
1216001-004-1 |
$2,730,000 |
$1,365,000 |
Sea Girt Borough |
1344001-001,002-1 |
$7,770,000 |
$3,885,000 |
Total: |
|
$10,500,000 |
$5,250,000 |
(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 2007 and 2008, 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 or section 5 of this act.
(3) The zero interest loans for the projects authorized in this subsection shall have priority over the environmental infrastructure projects listed in subsection b. of section 3 of this act.
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.
3. a. The following environmental infrastructure projects shall be known and may be cited as the "State Fiscal Year 2011 Clean Water Project Priority List."
(1) Of those projects, the following are eligible for a combination of principal forgiveness and zero-interest loans from the department:
Project Sponsor |
Project Number |
Estimated Total Allowable Loan Amount |
Estimated Allowable DEP Loan Amount |
Musconetcong SA |
S340384-07 |
$1,260,000 |
$630,000 |
Ewing Lawrence SA |
S340391-08 |
$9,660,000 |
$4,830,000 |
Newark City |
S340815-20 |
$19,320,000 |
$9,660,000 |
Cape May County MUA |
S340661-10 |
$525,000 |
$262,500 |
Cape May County MUA |
S340661-14 |
$420,000 |
$210,000 |
North Hudson SA |
S340952-14 |
$1,260,000 |
$630,000 |
North Hudson SA |
S340952-15 |
$1,260,000 |
$630,000 |
North Hudson SA |
S340952-16 |
$3,780,000 |
$1,890,000 |
Passaic Valley SA |
S340689-18 |
$22,050,000 |
$11,025,000 |
Pompton Lakes 1[Bor.] Borough1 MUA 1[.]1 |
S340636-07 |
$1,050,000 |
$525,000 |
Phillipsburg Town |
S340874-05 |
$1,785,000 |
$892,500 |
Bergen County UA |
S340386-09 |
$35,175,000 |
$17,587,500 |
Stony Brook Regional SA |
S340400-06 |
1[$10,395,000] $13,395,0001 |
1[$5,197,500] $6,697,5001 |
Allamuchy Township |
S340256-02 |
$3,780,000 |
$1,890,000 |
Hackensack City |
S340923-11 |
$2,310,000 |
$1,155,000 |
Trenton City |
S340416-11 |
$2,520,000 |
$1,260,000 |
Medford Township |
S340346-07 |
$3,780,000 |
$1,890,000 |
Bergen County UA |
S340386-10 |
$6,405,000 |
$3,202,500 |
Bergen County UA |
S340386-11 |
$9,030,000 |
$4,515,000 |
Maple Shade Township |
S340710-05 |
$1,365,000 |
$682,500 |
Camden County MUA |
S340640-10 |
$52,605,000 |
$26,302,500 |
Total: |
|
1[$189,735,000] $192,735,0001 |
1[$94,867,500] $96,367,5001 |
(2) Of those projects, the following are eligible for zero-interest loans from the department:
Project Sponsor |
Project Number |
Estimated Total Allowable Loan Amount |
Estimated Allowable DEP Loan Amount |
Atlantic County UA |
S340809-21 |
$8,715,000 |
$4,357,500 |
Kearny MUA |
S340259-07 |
$2,940,000 |
$1,470,000 |
Cranford Township |
S340858-01 |
$1,050,000 |
$525,000 |
Middlesex County UA |
S340699-09 |
$11,865,000 |
$5,932,500 |
Ocean County UA |
S340372-43 |
$6,615,000 |
$3,307,500 |
Ocean County UA |
S340372-44 |
$4,305,000 |
$2,152,500 |
Atlantic County UA |
S340809-10 |
$1,890,000 |
$945,000 |
Cumberland County UA |
S340550-05 |
$1,890,000 |
$945,000 |
Cape May County MUA |
S340661-11 |
$420,000 |
$210,000 |
Cape May County MUA |
S340661-12 |
$8,390,000 |
$4,195,000 |
Hamilton Township |
S340898-04 |
$3,045,000 |
$1,522,500 |
Hamilton Township |
S340898-05 |
$2,100,000 |
$1,050,000 |
Old Bridge MUA |
S340945-09 |
$3,675,000 |
$1,837,500 |
Montclair Township |
S340837-02 |
$4,620,000 |
$2,310,000 |
Galloway Township |
S340892-05 |
$735,000 |
$367,500 |
Galloway Township |
S340892-06 |
$840,000 |
$420,000 |
Galloway Township |
S340892-08 |
$525,000 |
$262,500 |
Carteret Borough |
S340939-06 |
$5,250,000 |
$2,625,000 |
Musconetcong SA |
S340384-08 |
$1,575,000 |
$787,500 |
Lyndhurst Township |
S340426-08 |
$5,985,000 |
$2,992,500 |
New Milford Borough |
S340177-01 |
$1,365,000 |
$682,500 |
Ventnor City |
S340241-01 |
$1,155,000 |
$577,500 |
Brigantine City |
S340827-03 |
$5,775,000 |
$2,887,500 |
Somers Point City |
S340618-01 |
$3,150,000 |
$1,575,000 |
Waldwick Borough |
S340195-01 |
$315,000 |
$157,500 |
Maywood Borough |
S340226-01 |
$1,785,000 |
$892,500 |
Oradell Borough |
S340835-02 |
$840,000 |
$420,000 |
Glen Ridge Borough |
S340861-01 |
$420,000 |
$210,000 |
Edgewater Park SA |
S340108-02 |
$4,725,000 |
$2,362,500 |
Edgewater Borough |
S340446-12 |
$630,000 |
$315,000 |
Barrington Borough |
S340305-02 |
$1,470,000 |
$735,000 |
Midland Park Borough |
S340227-01 |
$735,000 |
$367,500 |
Ocean Township |
S340750-09 |
$420,000 |
$210,000 |
Lopatcong Borough |
S340264-02 |
$3,675,000 |
$1,837,500 |
Norwood Borough |
S340230-01 |
$1,155,000 |
$577,500 |
Lambertville MUA |
S340882-07 |
$420,000 |
$210,000 |
Stanhope Borough |
S340504-02 |
$315,000 |
$157,500 |
Long Beach Township |
S340023-03 |
$2,415,000 |
$1,207,500 |
Hamburg Borough |
S340149-01 |
$1,470,000 |
$735,000 |
Sussex Borough |
S340155-01 |
$1,260,000 |
$630,000 |
Island Heights Borough |
S340176-02 |
$105,000 |
$52,500 |
Stone Harbor Borough |
S340722-03 |
$2,205,000 |
$1,102,500 |
Rockleigh SA |
S340232-01 |
$1,155,000 |
$577,500 |
Ocean County UA |
S340372-42 |
$1,680,000 |
$840,000 |
Gloucester County UA |
S340902-07 |
$2,310,000 |
$1,155,000 |
Cape May County MUA |
S340661-13 |
$525,000 |
$262,500 |
Northwest Bergen County UA |
S340700-10 |
$3,360,000 |
$1,680,000 |
Merchantville-Pennsauken Water Commission |
S340137-01 |
$1,365,000 |
$682,500 |
Old Bridge MUA |
S340945-08 |
$9,450,000 |
$4,725,000 |
Aberdeen Township |
S340869-02 |
$6,720,000 |
$3,360,000 |
Willingboro Township |
S340132-03 |
$2,940,000 |
$1,470,000 |
Delran Township |
S340794-06 |
$1,050,000 |
$525,000 |
Newark City |
S340815-11 |
$25,095,000 |
$12,547,500 |
Newark City |
S340815-12 |
$19,215,000 |
$9,607,500 |
Atlantic County UA |
S340809-18 |
$2,415,000 |
$1,207,500 |
Atlantic County UA |
S340809-19 |
$1,575,000 |
$787,500 |
Atlantic County UA |
S340809-20 |
$525,000 |
$262,500 |
Gloucester Township |
S340364-07 |
$1,680,000 |
$840,000 |
Gloucester Township |
S340364-08 |
$840,000 |
$420,000 |
Plainfield City |
S340240-01 |
$210,000 |
$105,000 |
Berkeley Township |
S340969-10 |
$2,415,000 |
$420,000 |
Berkeley Township |
S340969-11 |
$840,000 |
$1,207,500 |
Galloway Township |
S340892-03 |
$630,000 |
$315,000 |
Galloway Township |
S340892-07 |
$840,000 |
$420,000 |
Hillside Township |
S340906-04 |
$840,000 |
$420,000 |
Rahway City |
S340546-03 |
$1,155,000 |
$577,500 |
Dumont Borough |
S340922-05 |
$4,935,000 |
$2,467,500 |
Little Falls Township |
S340716-06 |
$1,050,000 |
$525,000 |
Mount Holly Township |
S340817-05 |
$210,000 |
$105,000 |
Bogota Borough |
S340914-02 |
$1,155,000 |
$577,500 |
Linwood City |
S340217-01 |
$840,000 |
$420,000 |
Linwood City |
S340217-02 |
$2,100,000 |
$1,050,000 |
Bellmawr Borough |
S342011-02 |
$27,405,000 |
$13,702,500 |
NJ Water Supply Authority |
S343054-07 |
$3,465,000 |
$1,732,500 |
NJ City University |
S340111-02 |
$29,295,000 |
$14,647,500 |
City of Bayonne Redevelopment Authority |
S340051-05 |
$2,625,000 |
$1,312,500 |
City of Bayonne Redevelopment Authority |
S340051-06 |
$3,255,000 |
$1,627,500 |
City of Bayonne Redevelopment Authority |
S340051-07 |
$7,245,000 |
$3,622,500 |
Woodbridge Township |
S340433-10 |
$10,185,000 |
$5,092,500 |
Phillipsburg Redevelopment Agency |
S340874-06 |
$10,290,000 |
$5,145,000 |
Total: |
|
$305,120,000 |
$152,560,000 |
b. The following environmental infrastructure projects shall be known and may be cited as the "State Fiscal Year 2011 Drinking Water Project Priority List."
(1) Of those projects, the following are eligible for a combination of principal forgiveness and zero-interest loans from the department:
Project Sponsor |
Project Number |
Estimated Total Allowable Loan Amount |
Estimated Allowable DEP Loan Amount |
Trenton City |
1111001-009 |
$14,070,000 |
$7,035,000 |
Aqua New Jersey Inc. |
1103001-003 |
$1,365,000 |
$682,500 |
Camden County Board of Education |
0415308-001 |
$525,000 |
$262,500 |
Sea Village Marina L.L.C. |
0108021-002 |
$945,000 |
$472,500 |
Great Gorge Terrace Condominium Association |
1922014-001 |
$1,050,000 |
$525,000 |
Lake Tamarack Water Company., Inc. |
1911003-002 |
$105,000 |
$52,500 |
Egg Harbor City |
0107001-002 |
$10,710,000 |
$5,355,000 |
Newark City |
0714001-006 |
$9,345,000 |
$4,672,500 |
Camden City |
0408001-018 |
$1,365,000 |
$682,500 |
NJ American Water Company, Inc. |
0119002-005 |
$3,255,000 |
$1,627,500 |
Passaic Valley Water Commission. |
1605002-012 |
$1,680,000 |
$840,000 |
Passaic Valley Water Commission |
1605002-011 |
$2,415,000 |
$1,207,500 |
Passaic Valley Water Commission |
1605002-013 |
$1,680,000 |
$840,000 |
NJ City University/ Jersey City MUA |
0906001-005 |
$945,000 |
$472,500 |
Ocean Township |
1520001-001 |
$1,365,000 |
$682,500 |
National Park Borough |
0812001-001 |
$3,360,000 |
$1,680,000 |
East Orange City |
0705001-008 |
$7,770,000 |
$3,885,000 |
Stone Harbor Borough |
0510001-004 |
$945,000 |
$472,500 |
Maple Shade Township |
0319001-005 |
$1,575,000 |
$787,500 |
Total: |
|
$64,470,000 |
$32,235,000 |
(2) Of those projects, the following are eligible for zero-interest loans from the department:
Project Sponsor |
Project Number |
Estimated Total Allowable Loan Amount |
Estimated Allowable DEP Loan Amount |
Phillipsburg Redevelopment Agency/ Aqua NJ |
2119001-006 |
$2,730,000 |
$1,365,000 |
Pemberton Borough |
0328001-001 |
$840,000 |
$420,000 |
NJ American Water Company, Inc. |
0712001-005 |
$82,005,000 |
$41,002,500 |
Sayreville Borough |
1219001-007 |
$16,485,000 |
$8,242,500 |
Bordentown City |
0303001-004 |
$630,000 |
$315,000 |
Clinton Town |
1005001-001 |
$1,470,000 |
$735,000 |
Island Heights Borough |
1510001-003 |
$3,150,000 |
$1,575,000 |
Plausha Park Water Company, Inc. |
1421004-001 |
$210,000 |
$105,000 |
Greenbriar Residential Healthcare Facility. Inc. |
1421305-001 |
$52,500 |
$26,250 |
Willingboro MUA |
0338001-002 |
$10,605,000 |
$5,302,500 |
Long Beach Township |
1517001-010 |
$2,310,000 |
$1,155,000 |
Lyndhurst Township |
0232001-002 |
$2,625,000 |
$1,312,500 |
Lyndhurst Township |
0232001-001 |
$12,390,000 |
$6,195,000 |
Beach Haven Borough |
1503001-002 |
$2,730,000 |
$1,365,000 |
National Park Borough |
0812001-003 |
$420,000 |
$210,000 |
Alpha Borough |
2102001-001 |
$2,520,000 |
$1,260,000 |
Byram Homeowners Association. Water Company, Inc. |
1904009-002 |
$315,000 |
$157,500 |
Middlesex Water Company, Inc. |
1225001-012 |
$4,305,000 |
$2,152,500 |
NJ American Water Company, Inc./ Free Acres Homeowners Association |
0712001-010 |
$1,680,000 |
$840,000 |
NJ American Water Company, Inc./ Free Acres Homeowners Association |
0712001-011 |
$210,000 |
$105,000 |
Avalon Borough |
0501001-001 |
$1,785,000 |
$892,500 |
Clinton Town |
1005001-002 |
$3,150,000 |
$1,575,000 |
Aberdeen Township |
1330002-002 |
$1,575,000 |
$787,500 |
Glen Ridge Borough |
0708001-005 |
$945,000 |
$472,500 |
Allamuchy Township |
2101001-003 |
$2,730,000 |
$1,365,000 |
Island Heights Borough |
1510001-004 |
$315,000 |
$157,500 |
Byram Homeowners Assoc. Water Company, Inc. |
1904009-005 |
$210,000 |
$105,000 |
Plausha Park Water Company, Inc. |
1421004-002 |
$210,000 |
$105,000 |
Old Bridge MUA |
1209002-007 |
$5,460,000 |
$2,730,000 |
Little Egg Harbor MUA |
1516001-002 |
$420,000 |
$210,000 |
Waldwick Borough |
0264001-002 |
$1,260,000 |
$630,000 |
Boonton Town |
1401001-001 |
$1,365,000 |
$682,500 |
Island Heights Borough |
1510001-002 |
$2,205,000 |
$1,102,500 |
Byram Homeowners Association Water Company, Inc. |
1904009-004 |
$52,500 |
$26,250 |
Plausha Park Water Company, Inc. |
1421004-003 |
$210,000 |
$105,000 |
NJ American Water Company, Inc. |
1345001-013 |
$1,260,000 |
$630,000 |
NJ American Water Company, Inc. |
0327001-011 |
$8,400,000 |
$4,200,000 |
NJ American Water Company, Inc. |
0712001-012 |
$1,470,000 |
$735,000 |
NJ American Water Company, Inc. |
0323001-002 |
$7,455,000 |
$3,727,500 |
Lakehurst Borough |
1513001-001 |
$105,000 |
$52,500 |
Byram Homeowners Association Water Company, Inc. |
1904009-001 |
$105,000 |
$52,500 |
Ocean Township |
1520001-002 |
$315,000 |
$157,500 |
National Park Borough |
0812001-002 |
$210,000 |
$105,000 |
Mount Olive Township |
1427015-001 |
$1,050,000 |
$525,000 |
Byram Homeowners Association. Water Company, Inc. |
1904009-003 |
$52,500 |
$26,250 |
Nutley Township |
0716001-001 |
$3,255,000 |
$1,627,500 |
NJ Water Supply Authority |
1352005-004 |
$4,305,000 |
$2,152,500 |
Total: |
|
$197,557,500 |
$98,778,750 |
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 of 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 allowable loan amount shall not exceed 75% of the allowable project cost of the environmental infrastructure facility, except that for projects related to land preservation the loan amount shall not exceed 50% of the allowable project cost. 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. 2002 of 2010 and Assembly Bill No. of 2010), 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, 2011, 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 American Recovery and Reinvestment Act, 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, ch.77, 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. 2002 of 2010 and Assembly Bill No. of 2010), 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, ch.77, 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 or P.L. , c. (pending before the Legislature as Senate Bill No. 2003 of 2010 and Assembly Bill No. of 2010) 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 or P.L. , c. (pending before the Legislature as Senate Bill No. 2002 of 2010 and Assembly Bill No. of 2010), 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, the Federal American Recovery and Reinvestment 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, 2011, 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 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.