Bill Text: NJ A4834 | 2022-2023 | Regular Session | Introduced
Bill Title: Amends lists of environmental infrastructure projects approved for long-term funding by DEP; makes various changes to FY2023 environmental infrastructure funding program.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-12-15 - Substituted by S3250 [A4834 Detail]
Download: New_Jersey-2022-A4834-Introduced.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman LINDA S. CARTER
District 22 (Middlesex, Somerset and Union)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Amends lists of environmental infrastructure projects approved for long-term funding by DEP; makes various changes to FY2023 environmental infrastructure funding program.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the financing of environmental infrastructure projects in Fiscal Year 2023 and amending P.L.2022, c.99.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2022, c.99 is amended to read as follows:
1. a. (1) There is appropriated to the department from the "Clean Water State Revolving Fund," established pursuant to section 1 of P.L.2009, c.77, an amount equal to the federal fiscal year 2022 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") and such sums as are made available to the department from the "Clean Water State Revolving Fund" from funds made available pursuant to the federal "Infrastructure Investment and Jobs Act," Pub. L. 117-58.
(2) There is appropriated to the department from the "Interim Environmental Financing Program Fund," established by the New Jersey Infrastructure Bank pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9), such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(3) There is appropriated to the department from the "Disaster Relief Emergency Financing Program Fund," established by the New Jersey Infrastructure Bank pursuant to section 1 of P.L.2013, c.93 (C.58:11B-9.5), such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(4) There is appropriated to the department from the "Drinking Water State Revolving Fund," established pursuant to section 1 of P.L.1998, c.84, an amount equal to the federal fiscal year 2022 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") and such sums as are made available to the department from the "Drinking Water State Revolving Fund" from funds made available pursuant to the federal "Infrastructure Investment and Jobs Act," Pub. L. 117-58.
The department is authorized to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving Fund, pursuant to the "Water Infrastructure Funding Transfer Act," Pub.L.116-63, additional amounts as may be necessary to address a threat to public health, and an amount equal to the maximum amount authorized to be transferred is appropriated to the department for those purposes.
The department is authorized to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving Fund an amount up to the maximum amount authorized to be transferred pursuant to the Federal Safe Drinking Water Act to meet present and future needs for the financing of eligible drinking water projects, and an amount equal to that maximum amount is appropriated to the department for those purposes.
The department is authorized to transfer from the Drinking Water State Revolving Fund to the Clean Water State Revolving Fund an amount up to the maximum amount authorized to be transferred pursuant to the Federal Clean Water Act to meet present and future needs for the financing of eligible clean water projects, and an amount equal to that maximum amount is appropriated to the department for those purposes.
Notwithstanding any provision of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), to the contrary, the department is authorized to utilize funds from the Clean Water State Revolving Fund for the purposes of the Drinking Water State Revolving Fund, and may charge interest on loans made with such invested funds to the extent permitted by the Federal Clean Water Act and the Federal Safe Drinking Water Act.
(5) There is appropriated to the department the unappropriated balances from the Clean Water State Revolving Fund, including the balances from the Federal Disaster Relief Appropriations Act, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2023, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(6) There is appropriated to the department the unappropriated balances from the "Wastewater Treatment Fund," established pursuant to section 15 of the "Wastewater Treatment Bond Act of 1985," P.L.1985, c.329, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2023, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(7) There is appropriated to the department the unappropriated balances from the "1992 Wastewater Treatment Fund," established pursuant to section 27 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2023, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(8) There is appropriated to the department the unappropriated balances from the "2003 Water Resources and Wastewater Treatment Fund," established pursuant to subsection a. of section 19 of the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003," P.L.2003, c.162, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2023, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(9) There is appropriated to the department the unappropriated balances from the "Pinelands Infrastructure Trust Fund," established pursuant to section 14 of the "Pinelands Infrastructure Trust Bond Act of 1985," P.L.1985, c.302, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2023, for the purposes of clean water project loans and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(10) There is appropriated to the department the unappropriated balances from the "Stormwater Management and Combined Sewer Overflow Abatement Fund," established pursuant to the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989," P.L.1989, c.181, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2023, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(11) There is appropriated to the department the unappropriated balances from the Drinking Water State Revolving Fund and any repayments of loans and interest therefrom, including the balances from the Federal Disaster Relief Appropriations Act as may be available on or before June 30, 2023, for the purposes of drinking water project loans.
(12) There is appropriated to the department such sums as may be needed from loan repayments and interest earnings from the "Water Supply Fund," established pursuant to section 14 of the "Water Supply Bond Act of 1981," P.L.1981, c.261, for the "Drinking Water State Revolving Fund Match Accounts" contained within that fund, for the purpose of providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(13) There is appropriated to the department from the "Interim Environmental Financing Program Fund," established by the New Jersey Infrastructure Bank pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9), such amounts as may be available on or before June 30, 2023, and any repayments of loans and interest therefrom, as may be necessary to supplement the sums appropriated from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(14) There is appropriated to the department from the "Disaster Relief Emergency Financing Program Fund," established by the New Jersey Infrastructure Bank pursuant to section 1 of P.L.2013, c.93 (C.58:11B-9.5), such amounts as may be necessary to supplement the sums appropriated from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(15) There is appropriated to the department such amounts as may be received by the Department of Community Affairs, as the grantee from the United States Department of Housing and Urban Development Community Development Block Grant - Disaster Recovery Program (CDBG-DR), as may be available on or before June 30, 2023, for the purposes of CDBG-DR eligible clean water and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act.
(16) There is appropriated to the department such sums as may be available on or before June 30, 2023, as repayments of drinking water project loans and any interest therefrom from the "Water Supply Fund," established pursuant to section 14 of the "Water Supply Bond Act of 1981," P.L.1981, c.261, for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(17) Of the sums appropriated to the department from the "Water Supply Fund" pursuant to P.L.1999, c.174, P.L.2001, c.222, P.L.2002, c.70, and P.L.2003, c.158, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2023, in such amounts as needed to the Drinking Water State Revolving Fund accounts contained within the Water Supply Fund established for the purposes of providing drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.
(18) Of the sums appropriated to the department from the "1992 Wastewater Treatment Fund" pursuant to P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, and P.L.2002, c.70, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2023, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 1992 Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(19) Of the sums appropriated to the department from the "2003 Water Resources and Wastewater Treatment Fund" pursuant to P.L.2004, c.109 and P.L.2007, c.139, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2023, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 2003 Water Resources and Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.
(20) There is appropriated to the department the sums deposited by the New Jersey Infrastructure Bank into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," established pursuant to the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989," P.L.1989, c.181, the "2003 Water Resources and Wastewater Treatment Fund," and the Drinking Water State Revolving Fund, as appropriate, pursuant to paragraph (6) of subsection c. of section 1 of P.L.2022, c.100 [(pending before the Legislature as Senate Bill No. 2735 of 2022 and Assembly Bill No. 4067 of 2022)] , as amended by P.L. , c. (pending before the Legislature as Assembly Bill No. 4833 of 2022 and Senate Bill No. 3249 of 2022), as may be available on or before June 30, 2023, for the purposes of providing clean water project loans and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and for drinking water projects pursuant to the Federal Safe Drinking Water Act.
Any such amounts shall be for the purpose of making zero interest and principal forgiveness financing loans, to the extent sufficient funds are available, to or on behalf of local government units or public water utilities (hereinafter referred to as "project sponsors") to finance a portion of the cost of the construction of clean water projects and drinking water projects listed in sections 2 and 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), and for the purpose of implementing and administering the provisions of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), to the extent permitted by the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, the Federal Safe Drinking Water Act, P.L.2009, c.77, the "Wastewater Treatment Bond Act of 1985." P.L.1985, c.329, the "Water Supply Bond Act of 1981," P.L.1981, c.261, the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989," P.L.1989, c.181, the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, the "Dam, Lake, Stream, Flood Control, Water Resources, and the Wastewater Treatment Project Bond Act of 2003," P.L.2003, c.162, and any amendatory and supplementary acts thereto.
(21) Of the $60 million appropriated to the department for the capital construction of drinking water infrastructure by the State fiscal year 2021 appropriations act, P.L.2020 c.97, up to $25 million may be transferred to the New Jersey Infrastructure Bank to invest, provide debt service reserve or guarantee, or pay interest on behalf of a sponsor of a drinking water environmental infrastructure project.
(22) There is appropriated to the department for the purposes of eligible clean water project grants such amounts as may be received by the department under the Sewer Overflow and Stormwater Reuse Grants Program, as the grantee from the United States Environmental Protection Agency and as may be available on or before June 30, 2023.
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] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), for clean water projects, up to the individual amounts indicated and in the priority stated, to the extent there are sufficient eligible project applications, except that any such amounts may be reduced if a project fails to meet the requirements of sections 4 or 5 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), or by the Commissioner of Environmental Protection pursuant to section 7 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill).
(1) A maximum of $30 million in principal forgiveness loans, plus any appropriated but unallocated funds designated in State fiscal year 2022 for combined sewer overflow projects, shall be issued as provided in subsection a. of section 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), to communities in combined sewer overflow sewersheds for construction projects that reduce or eliminate discharges from combined sewer overflow outfalls. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $5 million per borrower whenever practicable. For project costs up to and including $10 million, 50 percent of the principal of the loan shall be forgiven and the remaining 50 percent of the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. For projects in communities that meet "Clean Water State Revolving Fund" affordability criteria, for project costs up to and including $5 million, 100 percent of the principal of the loan shall be forgiven. For project costs greater than $5 million and up to and including $10 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $10 million up to and including $12 million, 100 percent of the principal of this portion of the loan shall be forgiven. For project costs greater than $12 million and up to and including $14 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $14 million and up to and including $20 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate, and, for the remaining project costs over $20 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate.
(2) A maximum of $6 million in principal forgiveness loans, plus any appropriated but unallocated funds designated in State fiscal year 2022 for water quality restoration projects, shall be issued as provided in subsection a. of section 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), for water quality restoration projects. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $2.5 million per borrower whenever practicable. For project costs up to and including $4 million, 50 percent of the principal of the loan shall be forgiven, and the remaining 50 percent of the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $4 million and up to and including $10 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate.
(3) A maximum of $36 million in principal forgiveness loans for projects sponsored by applicants that meet the "Clean Water State Revolving Fund" affordability criteria as set forth by the department shall be issued as provided in subsection a. of section 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), for water quality restoration projects. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $2 million per borrower whenever practicable. For project costs up to and including $2 million, 100 percent of the principal of the loan shall be forgiven. For project costs greater than $2 million and up to and including $4 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $4 million and up to and including $10 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate.
(4) A maximum of $10 million in principal forgiveness loans for water and energy efficiency projects shall be issued as provided in subsection a. of section 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), to projects that address water and energy efficiency goals that meet the eligibility requirements for water and energy efficiency as defined in the United States Environmental Protection Agency's "Green Project Reserve Guidance." The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $2 million per borrower whenever practicable. For project costs up to and including $4 million, 50 percent of the principal of the loan shall be forgiven and the remaining 50 percent of the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $4 million and up to and including $10 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate.
(5) [A maximum of $4 million in principal forgiveness loans for emerging contaminant projects shall be issued as provided in subsection a. of section 3 of this act to projects that primarily address substances and microorganisms, which are known or anticipated in the environment, and which may pose newly identified or re-emerging risks to human health, aquatic life, or the environment. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $2 million per borrower whenever practicable. For project costs up to and including $2 million, 100 percent of the principal of the loan shall be forgiven. For project costs greater than $2 million and up to and including $4 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $4 million and up to and including $10 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate.] Of the sums appropriated to the department by the federal "American Rescue Plan Act," Pub.L. 117-2, a maximum of $248 million in principal forgiveness loans shall be issued as provided in subsection a. of section 3 of P.L.2022, c.99, as amended by P.L. c. (pending before the Legislature as this bill), to communities in combined sewer overflow sewersheds for construction projects that reduce or eliminate discharges from combined sewer overflow outfalls that are listed on combined sewer overflow long term control plans. Eighty percent of the principal of the loan shall be forgiven and the remaining 20 percent of the loan shall have a blended interest rate of 50 percent of the trust's market rate.
(6) A maximum of $1 million in principal forgiveness loans for combined sewer overflow or stormwater management projects shall be issued to finance up to 20 percent of project costs for projects that qualify for a Sewer Overflow and Stormwater Reuse grant. 100 percent of the principal of the loan shall be forgiven, and the remaining project costs shall be financed through a Sewer Overflow and Stormwater Reuse grant from the department.
(7) The projects listed in subsection a. of section 2 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), and subsection a. of section 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), that were previously identified in P.L.2021, c.203, as amended by P.L.2021, c.328, are granted continued priority status and shall be subject to the provisions of P.L.2021, c.203, as amended by P.L.2021, c.328, provided such projects received short-term funding prior to June 30, 2022.
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] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), for drinking water projects, up to the individual amounts indicated and in the priority stated, provided:
(1) up to $8 million of Drinking Water State Revolving Fund loans, plus any appropriated but unallocated funds designated in State fiscal year 2022 for drinking water systems serving populations of up to 10,000 residents, shall be available for drinking water systems serving populations of up to 10,000 residents wherein principal forgiveness shall not exceed $500,000 in the aggregate and shall not exceed 50 percent of the total loan amount per project sponsor in an amount not to exceed $1 million per project sponsor. For projects that meet the department's affordability criteria, a loan for project costs in excess of $1 million up to $11 million shall have a blended interest rate of 25 percent of the trust's market rate. For project costs in excess of $11 million up to $40 million, the loan shall be financed at the base rate. Project costs greater than $40 million shall be financed at an interest rate of 100 percent of the trust's market rate as capacity allows;
(2) up to $3 million in principal forgiveness loans shall be available for drinking water systems that serve fewer than 1,000 persons, have been assisted by the Community Engineering Corps, and do not meet credit eligibility requirements of the Water Bank Financing Program credit policy. A loan issued pursuant to this paragraph shall have 100 percent principal forgiveness for a loan amount of up to $750,000 per applicant;
(3) a maximum of [$13] $17 million of principal forgiveness loans shall be available for drinking water projects that primarily address emerging contaminants, for which principal forgiveness may be authorized for up to 100 percent of the total fund loan amount of up to $1 million per applicant;
(4) a maximum of $5 million of principal forgiveness loans shall be available for drinking water projects other than those to address emerging contaminants or lead that meet the affordability criteria of the department, for which principal forgiveness may be authorized for up to 100 percent of the total fund loan amount of up to $1 million per applicant. For project costs greater than $1 million and up to and including $11 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs greater than $11 million and up to and including [$25] $40 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. Project costs over [$25] $40 million may be financed at an interest rate of 100 percent of the trust's market rate as capacity allows; [and]
(5) up to $25 million plus any appropriated but unallocated funds designated in State fiscal year 2022, may be issued for principal forgiveness loans for drinking water systems [serving 10,000 or fewer customers] that meet the department's affordability criteria pursuant to the State's lead service line replacement program to finance lead service line replacements, for which principal forgiveness shall not exceed 50 percent of the total loan amount of up to $5 million per water system; and
(6) Of the sums appropriated to the department from the federal "American Rescue Plan Act," Pub.L. 117-2, a maximum of $45 million may be issued to drinking water systems for principal forgiveness loans for projects that address climate change concerns and ensure long-term drinking water resilience in New Jersey, or for projects for the installation of treatment systems to address multiple maximum contaminant level violations at one drinking water system that meets the affordability criteria of the department. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $20 million per borrower whenever practicable. For project costs up to and including $25 million, 80 percent of the principal of the loan shall be forgiven, and the remaining 20 percent of the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $25 million and up to and including $35 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs in excess of $35 million up to and including $40 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs over $40 million, the loan may be financed at an interest rate of 100 percent of the trust's market rate as capacity allows.
Loans may be made pursuant to this subsection to the extent there are sufficient eligible project applications and as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act. Any such amounts may be reduced by the Commissioner of Environmental Protection pursuant to section 7 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), or if a project fails to meet the requirements of section 4 or 5 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill).
The department is authorized to increase the maximum amounts available for principal forgiveness pursuant to this subsection or subsection b. of this section, to the extent additional funds are available.
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] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill) under the same terms, conditions and requirements set forth in this section from any unexpended balances of the amounts appropriated pursuant to section 1 of P.L.1987, c.200, section 2 of P.L.1988, c.133, section 1 of P.L.1989, c.189, section 1 of P.L.1990, c.99, section 1 of P.L.1991, c.325, section 1 of P.L.1992, c.38, section 1 of P.L.1993, c.193, section 1 of P.L.1994, c.106, section 1 of P.L.1995, c.219, section 1 of P.L.1996, c.85, section 1 of P.L.1997, c.221, section 2 of P.L.1998, c.84, section 2 of P.L.1999, c.174, section 2 of P.L.2000, c.92, sections 1 and 2 of P.L.2001, c.222, sections 1 and 2 of P.L.2002, c.70, sections 1 and 2 of P.L.2003, c.158, sections 1 and 2 of P.L.2004, c.109, sections 1 and 2 of P.L.2005, c.196, sections 1 and 2 of P.L.2006, c.68, sections 1 and 2 of P.L.2007, c.139, sections 1 and 2 of P.L.2008, c.68, sections 1 and 2 of P.L.2009, c.102, sections 1 and 2 of P.L.2010, c.63, sections 1 and 2 of P.L.2011, c.93, sections 1 and 2 of P.L.2012, c.43, sections 1 and 2 of P.L.2013, c.95, sections 1 and 2 of P.L.2014, c.25, sections 1 and 2 of P.L.2015, c.108, sections 1 and 2 of P.L.2016, c.32, as amended by P.L.2017, c.14, sections 1 and 2 of P.L.2017, c.143, as amended by P.L.2017, c.326, sections 1 and 2 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, sections 1 and 2 of P.L.2019, c.193, as amended by P.L.2019, c.514, P.L.2020, c.49, as amended by P.L.2021, c.21, [and] P.L.2021, c.203, as amended by P.L.2021, c.328, and P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), 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, section 6 of P.L.2011, c.93, section 6 of P.L.2012, c.43, section 6 of P.L.2013, c.95, section 7 of P.L.2014, c.25, section 7 of P.L.2015, c.108, section 7 of P.L.2016, c.32, as amended by P.L.2017, c.14, section 7 of P.L.2017, c.143 as amended by P.L.2017, c.326, section 7 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, section 7 of P.L.2019, c.193, as amended by P.L.2019, c.514, section 7 of P.L.2020, c.49, as amended by P.L.2021, c.21, and P.L.2021, c.203, as amended by P.L.2021, c.328, and P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), 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 2022 and State fiscal year 2023 pursuant to the provisions of section 16 of P.L.1985, c.329, and section 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, including any Clean Water State Revolving Fund Accounts contained within the "Wastewater Treatment Fund," and from any repayment of loans and interest from the Drinking Water State Revolving Fund.
e. The department is authorized to make zero interest and principal forgiveness Sandy financing loans to or on behalf of the project sponsors for the Sandy environmental infrastructure projects listed in subsection a. of section 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill) for clean water projects, in a manner consistent with the Federal Disaster Relief Appropriations Act, up to the individual amounts indicated, except that any such amount may be reduced by the Commissioner of Environmental Protection pursuant to section 7 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), or if a project fails to meet the requirements of section 4, 5, or 7 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), provided a maximum of $300 million shall be provided for Sandy financing loans for clean water projects to provide financial assistance to communities affected by the Storm Sandy, and for projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster.
f. For the purposes of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill):
"Department" means the Department of Environmental Protection.
"Federal Disaster Relief Appropriations Act" means the "Disaster Relief Appropriations Act, 2013," Pub.L.113-2, and any amendatory and supplementary acts thereto.
"Sandy financing" means grants, zero interest loans or principal forgiveness loans provided by the Department of Environmental Protection from funds made available to the State for clean water or drinking water projects, or clean water or drinking water project match, pursuant to the Federal Disaster Relief Appropriations Act.
"Trust" means the New Jersey Infrastructure Bank created pursuant to section 4 of P.L.1985, c.334 (C.58:11B-4).
(cf: P.L.2022, c.99, s.1)
2. Section 2 of P.L.2022, c.99 is amended to read as follows:
2. a. (1) The department is
authorized to expend funds for the purpose of making supplemental zero interest
loans to or on behalf of the project sponsors listed below for the following
clean water environmental infrastructure projects:
|
Project Sponsor |
Project Number |
Estimated Allowable DEP Loan Amount |
Estimated Total Loan Amount |
|
Camden County MUA |
S340640-18R |
$7,500,000 |
$10,000,000 |
|
Clinton Town |
S340924-07R |
$600,000 |
$800,000 |
|
Hoboken City |
S340635-06R |
$24,750,000 |
$33,000,000 |
|
Jersey City MUA |
S340928-15R |
$2,625,000 |
$3,500,000 |
|
Newark City |
S340815-24R |
$15,750,000 |
$21,000,000 |
|
North Bergen MUA |
S340652-14R |
$6,150,000 |
$8,200,000 |
|
Ocean Township. SA |
S340750-14R |
$750,000 |
$1,000,000 |
|
Passaic Valley SC |
S340689-40R |
$1,125,000 |
$1,500,000 |
|
Plumsted Township |
S340607-03R |
$7,500,000 |
$10,000,000 |
|
Rockaway Valley RSA |
S340821-07R |
$2,250,000 |
$3,000,000 |
|
Paterson City |
S340850-03-1 |
$1,912,500 |
$2,550,000 |
|
Somerville Borough |
S342013-01-1 |
$1,387,500 |
$1,850,000 |
|
Total Projects: 12 |
$72,300,000 |
$96,400,000 |
(2) The loans authorized in this subsection shall be made for the difference between the allowable loan amounts required by these projects based upon final building costs pursuant to section 7 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal years 2017, 2018, 2019, 2020, and 2021 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 4 of P.L.1985, c.329. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill).
(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] P.L.2022, c.99 as amended by P.L. , c. (pending before the Legislature as this bill).
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 Allowable DEP Loan Amount |
Estimated Total Loan Amount |
|
National Park Borough |
0812001-004R |
$750,000 |
$1,000,000 |
|
Newark City |
0714001-016R |
$2,250,000 |
$3,000,000 |
|
North Jersey District Water Supply Comm. |
1613001-025R |
$19,125,000 |
$25,500,000 |
|
Total Projects: 3 |
$22,125,000 |
$29,500,000 |
(2) The loans authorized in this subsection shall be made for the difference between the allowable loan amount required by these projects based upon final building costs pursuant to section 7 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal years 2018, 2019 and 2020 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 5 of P.L.1981, c.261. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill).
(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] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill).
c. The department is authorized to adjust the allowable department loan amount for projects authorized in this section to between zero percent and 100 percent of the total allowable loan amount, and, if the department loan amount is adjusted to 100 percent of the total allowable loan amount, the loan shall be provided pursuant to the terms and conditions of the financing program year in which the construction loan component of the project was certified by the department, and for which the trust issued an interim financing program loan for the project, or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2023 financing program.
(cf: P.L.2022, c.99, s.2)
3. Section 3 of P.L.2022, c.99 is amended to read as follows:
3. a. (1) The following environmental infrastructure projects shall be known and may be cited as the "Storm Sandy and State Fiscal Year 2023 Clean Water Project Eligibility List":
|
Project Sponsor |
Project Number |
Estimated Allowable DEP Loan Amount |
Estimated Total Loan Amount |
|
Musconetcong SA |
S340384-09 |
$4,650,000 |
$6,200,000 |
|
Oakland Borough |
S340418-06 |
$5,790,000 |
$7,720,000 |
|
Camden County MUA |
S340640-20 |
$2,250,000 |
$3,000,000 |
|
Camden County MUA |
S345040-01 |
$1,035,000 |
$1,380,000 |
|
Mendham Borough |
S340159-04 |
$2,625,000 |
$3,500,000 |
|
Camden County MUA |
S340640-29 |
$9,525,000 |
$12,700,000 |
|
Camden City |
S340366-07 |
$7,500,000 |
$10,000,000 |
|
Camden City |
S340366-15 |
$9,997,500 |
$13,330,000 |
|
Middlesex County UA |
S340699-17 |
$16,500,000 |
$22,000,000 |
|
Jersey City MUA |
S340928-40 |
$6,000,000 |
$8,000,000 |
|
Jersey City MUA |
S340928-21 |
$9,750,000 |
$13,000,000 |
|
Jersey City MUA |
S340928-24 |
$81,000,000 |
$108,000,000 |
|
Elizabeth City |
S345070-01 |
$3,000,001 |
$4,000,001 |
|
Elizabeth City |
S340942-20 |
$7,725,000 |
$10,300,000 |
|
Bayonne City |
S340399-31 |
$3,750,000 |
$5,000,000 |
|
Kearny Town |
S340259-11 |
$12,750,000 |
$17,000,000 |
|
Long Branch SA |
S340336-08 |
$1,305,525 |
$1,740,700 |
|
[Ocean County UA |
S340372-63 |
$1,650,000 |
$2,200,000] |
|
Ocean County UA |
S340372-64 |
$28,330,500 |
$37,774,000 |
|
Hoboken City |
S340635-09 |
$375,000 |
$500,000 |
|
Mount Laurel Township MUA |
S340943-06 |
[$6,000,000] $7,875,000 |
[$8,000,000] $10,500,000 |
|
North Hudson SA |
S340952-34 |
$900,000 |
$1,200,000 |
|
North Hudson SA |
S340952-33 |
$20,250,000 |
$27,000,000 |
|
North Hudson SA |
S340952-31 |
$675,000 |
$900,000 |
|
North Hudson SA |
S345190-01 |
$4,500,000 |
$6,000,000 |
|
North Hudson SA |
S340952-38 |
$1,013,400 |
$1,351,200 |
|
Riverside SA |
S340490-01 |
$630,000 |
$840,000 |
|
Perth Amboy City |
S340435-19 |
$300,000 |
$400,000 |
|
Perth Amboy City |
S345220-01 |
[$750,000] $2,437,500 |
[$1,000,000] $3,250,000 |
|
Hackensack City |
S340923-13 |
[$11,400,000] $12,750,000 |
[$15,200,000] $17,000,000 |
|
Hackensack City |
S340923-14 |
$6,000,000 |
$8,000,000 |
|
Passaic Valley SC |
S340689-37 |
$91,125,000 |
$121,500,000 |
|
Passaic Valley SC |
S340689-44 |
$16,582,500 |
$22,110,000 |
|
Passaic Valley SC |
S340689-53 |
$13,650,000 |
$18,200,000 |
|
Passaic Valley SC |
S345200-01 |
$7,125,000 |
$9,500,000 |
|
Pennsville SA |
S340870-05 |
$3,000,000 |
$4,000,000 |
|
Beach Haven Borough |
S344220-01 |
$2,700,000 |
$3,600,000 |
|
[Bergen County UA |
S340386-23 |
$14,025,000 |
$18,700,000] |
|
Logan Township MUA |
S340123-02 |
$9,000,000 |
$12,000,000 |
|
Bergen County UA |
S340386-21 |
$5,700,000 |
$7,600,000 |
|
Bergen County UA |
S340386-23 |
$37,500,000 |
$50,000,000 |
|
Bergen County UA |
S340386-24 |
$1,462,500 |
$1,950,000 |
|
Linden Roselle SA |
S340299-08 |
$20,250,000 |
$27,000,000 |
|
Passaic Valley SC |
S340689-50 |
$6,600,000 |
$8,800,000 |
|
Wanaque Valley RSA |
S340780-05 |
$8,625,000 |
$11,500,000 |
|
Gloucester County UA |
S340902-15 |
[$8,625,000] $10,875,000 |
[$11,500,000] $14,500,000 |
|
Allentown Borough |
S340567-05 |
$3,825,000 |
$5,100,000 |
|
Stony Brook RSA |
S340400-11 |
$16,500,000 |
$22,000,000 |
|
Evesham MUA |
S340838-09 |
$375,000 |
$500,000 |
|
Bergen County UA |
S340386-26 |
$2,250,000 |
$3,000,000 |
|
East Orange City |
S340686-09a |
$465,378 |
$620,504 |
|
Elizabeth City |
S340686-09b |
$4,879,407 |
$6,505,876 |
|
Hillside Township |
S340686-09c |
$681,323 |
$908,430 |
|
Irvington Township |
S340686-09d |
$1,689,260 |
$2,252,347 |
|
Newark City |
S340686-09e |
$1,022,282 |
$1,363,042 |
|
South Orange Village |
S340686-09f |
$488,105 |
$650,806 |
|
Summit City |
S340686-09g |
$889,742 |
$1,186,322 |
|
Union Township |
S340686-09h |
$1,837,001 |
$2,449,335 |
|
West Orange Township |
S340686-09i |
$1,189,072 |
$1,585,429 |
|
Rutgers, The State University of New Jersey |
S340500-01 |
$28,125,000 |
$37,500,000 |
|
Willingboro MUA |
S340132-09 |
$6,750,000 |
$9,000,000 |
|
Ocean County |
S344080-10 |
$187,500 |
$250,000 |
|
Ocean County |
S344080-11 |
$262,500 |
$350,000 |
|
Rockaway Valley RSA |
S340821-08 |
$11,625,000 |
$15,500,000 |
|
Wildwood City |
S340664-06 |
[$11,784,758] $12,000,000 |
[$15,713,010] $16,000,000 |
|
New Jersey Water Supply Authority |
S340421-02 |
$71,250,000 |
$95,000,000 |
|
Camden County MUA |
S340640-36 |
$11,625,000 |
$15,500,000 |
|
Long Branch SA |
S340336-09 |
$4,200,000 |
$5,600,000 |
|
[Stafford Township |
S340946-08 |
$2,625,000 |
$3,500,000] |
|
Stafford Township |
S340946-07 |
$3,750,000 |
$5,000,000 |
|
Stafford Township |
S340946-08 |
$2,625,000 |
$3,500,000 |
|
Stafford Township |
S340946-09 |
$3,510,000 |
$4,680,000 |
|
Metuchen Borough |
S340360-02 |
$6,750,000 |
$9,000,000 |
|
Somerville Borough |
S340551-01 |
$2,775,000 |
$3,700,000 |
|
Netcong Borough |
S340538-01 |
$75,000 |
$100,000 |
|
Manasquan River RSA |
S340911-03 |
$495,000 |
$660,000 |
|
Vernon Township |
S340745-03 |
[$1,875,000] $2,271,750 |
[$2,500,000] $3,029,000 |
|
Delran Township |
S340794-10 |
$1,575,000 |
$2,100,000 |
|
Hopatcong Borough |
S340488-07 |
$60,000 |
$80,000 |
|
Delanco SA |
S340956-03 |
$1,186,500 |
$1,582,000 |
|
Tuckerton Borough |
S340034-05 |
$2,475,000 |
$3,300,000 |
|
Bergen County UA |
S340386-25 |
$3,000,000 |
$4,000,000 |
|
Monmouth County Bayshore Outfall Authority |
S340325-04 |
$2,625,000 |
$3,500,000 |
|
Monmouth County Bayshore Outfall Authority |
S340325-04a |
$2,625,000 |
$3,500,000 |
|
Camden County Municipal UA |
S340640-30 |
$5,625,000 |
$7,500,000 |
|
Atlantic County UA |
S340809-30 |
$7,575,000 |
$10,100,000 |
|
Toms River MUA |
S340145-08 |
$1,018,800 |
$1,358,400 |
|
Two Rivers Water Reclamation Authority |
S340117-09 |
$3,150,000 |
$4,200,000 |
|
[Northwest Bergen County UA |
S340700-19 |
$6,099,338 |
$8,132,450] |
|
Two Rivers Reclamation Authority |
S340117-10 |
$2,475,000 |
$3,300,000 |
|
Two Rivers Water Reclamation Authority |
S340117-10a |
$66,015,000 |
$88,020,000 |
|
Brick Township MUA |
S340448-13 |
$3,450,000 |
$4,600,000 |
|
Northwest Bergen County UA |
S340700-19 |
$6,099,338 |
$8,132,450 |
|
Franklin Township SA |
S340839-09 |
[$5,625,000] $5,700,000 |
[$7,500,000] $7,600,000 |
|
Parsippany Troy Hills Township |
S340886-05 |
[$8,800,125] $8,873,141 |
[$11,733,500] $11,830,855 |
|
Mount Laurel Township MUA |
S340943-07 |
$2,400,000 |
$3,200,000 |
|
Berkeley Township SA |
S340969-14 |
$2,625,000 |
$3,500,000 |
|
North Brunswick Township |
S340888-03 |
$2,475,000 |
$3,300,000 |
|
North Brunswick Township |
S340888-04 |
$1,912,500 |
$2,550,000 |
|
Winslow Township |
S340895-10 |
$1,287,750 |
$1,717,000 |
|
Monroe MUA |
S340423-05 |
$225,000 |
$300,000 |
|
Scotch Plains Township |
S340512-01 |
$2,025,000 |
$2,700,000 |
|
[Burlington Township |
S340712-17 |
$750,000 |
$1,000,000] |
|
Hopewell Township |
S340282-03 |
$1,230,000 |
$1,640,000 |
|
Princeton |
S340656-11 |
$2,944,259 |
$3,925,678 |
|
Mantua Township MUA |
S340514-01 |
$2,007,375 |
$2,676,500 |
|
Mantua Township MUA |
S340514-03 |
[$1,012,500] $1,022,625 |
[$1,350,000] $1,363,500 |
|
Middlesex Borough |
S340698-03 |
$900,000 |
$1,200,000 |
|
Pennsville SA |
S340870-04 |
$1,200,000 |
$1,600,000 |
|
Red Bank Borough |
S340528-01 |
$3,375,000 |
$4,500,000 |
|
South Monmouth RSA |
S340377-06 |
$1,725,000 |
$2,300,000 |
|
North Haledon Borough |
S340229-02 |
$75,000 |
$100,000 |
|
North Haledon Borough |
S340229-01 |
[$765,771] $1,895,000 |
[$1,021,028] $2,500,000 |
|
Haddon Heights Borough |
S340877-02 |
[$82,500] $487,500 |
[$110,000] $650,000 |
|
Emerson Borough |
S340497-01 |
$75,000 |
$100,000 |
|
Emerson Borough |
S340497-02 |
[$337,500] $525,000 |
[$450,000] $700,000 |
|
Mount Arlington Borough |
S340451-05 |
[$159,589] $412,500 |
[$212,785] $550,000 |
|
Highlands Borough |
S340901-05 |
$6,375,000 |
$8,500,000 |
|
Medford Lakes Borough |
S340319-03 |
$8,250,000 |
$11,000,000 |
|
Mendham Borough |
S340159-03 |
$2,400,000 |
$3,200,000 |
|
Hamburg Borough |
S340149-03 |
$75,000 |
$100,000 |
|
Hamburg Borough |
S340149-04 |
$303,000 |
$404,000 |
|
Long Beach Township |
S340023-07 |
$3,450,000 |
$4,600,000 |
|
Long Beach Township |
S340023-09 |
$4,923,750 |
$6,565,000 |
|
Borough of Wenonah |
S340531-01 |
$997,500 |
$1,330,000 |
|
Seaside Park Borough |
S340083-04 |
$3,000,000 |
$4,000,000 |
|
Ship Bottom Borough |
S340311-05 |
$3,750,000 |
$5,000,000 |
|
Fieldsboro Borough |
S340522-01 |
$1,200,000 |
$1,600,000 |
|
Willingboro MUA |
S340132-10 |
$13,650,000 |
$18,200,000 |
|
Passaic Valley SC |
S340689-46 |
$51,750,000 |
$69,000,000 |
|
Passaic Valley SC |
S340689-45 |
$7,657,577 |
$10,210,102 |
|
Montville Township |
S340931-04 |
$2,625,000 |
$3,500,000 |
|
Hackensack City |
S340923-15 |
$1,200,000 |
$1,600,000 |
|
Camden County MUA |
S340640-26 |
$21,150,000 |
$28,200,000 |
|
Lower Township MUA |
S340810-05 |
$22,500,000 |
$30,000,000 |
|
Mantua Township MUA |
S340514-02 |
$1,687,500 |
$2,250,000 |
|
Little Egg Harbor Township |
S340579-04 |
$1,530,000 |
$2,040,000 |
|
Gloucester Township |
S340364-11 |
$712,500 |
$950,000 |
|
Gloucester Township |
S340364-15 |
$1,087,500 |
$1,450,000 |
|
Northfield City |
S340508-02 |
$112,500 |
$150,000 |
|
Spotswood Borough |
S340510-01 |
$4,070,250 |
$5,427,000 |
|
North Hudson SA |
S340952-36 |
$675,000 |
$900,000 |
|
Sussex County MUA |
S342008-04 |
$8,250,000 |
$11,000,000 |
|
Jersey City MUA |
S340928-32 |
$9,225,000 |
$12,300,000 |
|
Atlantic City MUA |
S340439-04 |
$2,300,000 |
$3,066,667 |
|
East Orange City |
S340843-03 |
$12,825,000 |
$17,100,000 |
|
Cumberland County Improvement Authority |
S342015-04 |
$4,439,778 |
$5,919,704 |
|
Sussex County MUA |
S342008-06 |
$32,250,000 |
$43,000,000 |
|
Burlington City |
S340140-02 |
$1,950,000 |
$2,600,000 |
|
Willingboro MUA |
S340132-11 |
$7,500,000 |
$10,000,000 |
|
Bloomfield Township |
S340516-01 |
$5,423,228 |
$7,230,970 |
|
South Orange Village |
S340103-02 |
$2,002,500 |
$2,670,000 |
|
Brick Township MUA |
S340448-14 |
$1,500,000 |
$2,000,000 |
|
University Hospital |
S340500-03 |
$5,850,000 |
$7,800,000 |
|
West Deptford Township |
S340947-06 |
$3,540,000 |
$4,720,000 |
|
Ship Bottom Borough |
S340311-04 |
$2,062,500 |
$2,750,000 |
|
Total Projects: [92] 151 |
[$704,668,362] $1,128,355,117 |
[$939,557,813] $1,504,446,818 |
(2) The department is
authorized to make clean water and drinking water project loans to the
following municipalities receiving funding from the "Pinelands
Infrastructure Trust Fund," established pursuant to section 14 of the "Pinelands
Infrastructure Trust Bond Act of 1985," P.L.1985, c.302:
|
Project Sponsor |
Project Number |
Estimated Total Loan Amount |
|
Pemberton Twp. |
Pinelands 1 |
$2,929,000 |
|
Manchester Twp./ Jackson MUA |
Pinelands 2 |
$7,192,035 |
|
Galloway Twp. |
Pinelands 4 |
$3,493,440 |
|
Winslow Twp. |
Pinelands 5 |
$1,728,940 |
|
Total Pinelands Projects: 4 |
$15,343,415 |
b. The following environmental infrastructure projects shall be known and may be cited as the "Storm Sandy and State Fiscal Year 2023 Drinking Water Project Eligibility List":
|
Project Sponsor |
Project Number |
Estimated Allowable DEP Loan Amount |
Estimated Total Loan Amount |
|
[Newark City |
0714001-020 |
$13,125,000 |
$17,500,000] |
|
Trenton City |
1111001-011 |
$15,255,000 |
$20,340,000 |
|
[Newark City |
0714001-019 |
$9,375,000 |
$12,500,000] |
|
Newark City |
0714001-021 |
$67,500,000 |
$90,000,000 |
|
Passaic Valley Water Commission |
1605002-002 |
$54,000,000 |
$72,000,000 |
|
Orange City |
0717001-011 |
$1,162,500 |
$1,550,000 |
|
Orange City |
0717001-013 |
$525,000 |
$700,000 |
|
Newark City |
0714001-022 |
$17,250,000 |
$23,000,000 |
|
Bloomfield Township |
0702001-003 |
$823,796 |
$1,098,395 |
|
[NJ American Water Company, Incorporated |
1345001-017 |
$7,575,000 |
$10,100,000] |
|
Trenton City |
1111001-005 |
[$179,250,000] $23,328,750 |
[$239,000,000] $31,105,000 |
|
Bloomfield Township |
0702001-004 |
$3,000,000 |
$4,000,000 |
|
Bloomfield Township |
0702001-005 |
$6,000,000 |
$8,000,000 |
|
Hopatcong Borough |
1912001-002 |
$1,050,000 |
$1,400,000 |
|
National Park Borough |
0812001-005 |
$1,350,000 |
$1,800,000 |
|
[Moorestown Township |
0322001-001 |
$18,468,750 |
$24,625,000] |
|
Brick Township MUA |
1506001-011 |
$15,667,500 |
$20,890,000 |
|
East Orange City |
0705001-014 |
$24,750,000 |
$33,000,000 |
|
Highbridge Borough |
1014001-004 |
[$1,108,404] $1,500,000 |
[$1,477,872] $2,000,000 |
|
East Greenwich |
0803001-004 |
[$1,950,000] $4,500,000 |
[$2,600,000] $6,000,000 |
|
[Lakeshore Company |
1413001-001 |
$375,000 |
$500,000] |
|
Jersey City MUA |
0906001-017 |
$1,305,180 |
$1,740,240 |
|
NJ American Water Company, Incorporated |
2004002-012 |
$15,000,000 |
$20,000,000 |
|
Woodbine Borough |
0516001-001 |
$3,750,000 |
$5,000,000 |
|
[Newark City |
0714001-018 |
$3,862,500 |
$5,150,000] |
|
Hackettstown Municipal UA |
2108001-002 |
$757,500 |
$1,010,000 |
|
Jersey City MUA |
0906001-019 |
$5,025,000 |
$6,700,000 |
|
Wildwood City |
0514001-006 |
$4,637,403 |
$6,183,204 |
|
Lower Township MUA |
0505002-004 |
$9,000,000 |
$12,000,000 |
|
Seaside Park Borough |
1527001-004 |
$1,125,000 |
$1,500,000 |
|
[NJ American Water Company, Incorporated |
1345001-021 |
$19,758,750 |
$26,345,000] |
|
Brick Township MUA |
1506001-014 |
$2,700,000 |
$3,600,000 |
|
Hightstown Borough |
1104001-009 |
$712,500 |
$950,000 |
|
Jersey City MUA |
0906001-025 |
[$24,000,000] $26,250,000 |
[$32,000,000] $35,000,000 |
|
Perth Amboy City |
1216001-010 |
$1,238,649 |
$1,651,532 |
|
Willingboro MUA |
0338001-010 |
$5,400,000 |
$7,200,000 |
|
Jersey City MUA |
0906001-009 |
$3,750,000 |
$5,000,000 |
|
NJ American Water Company, Incorporated |
0712001-016 |
$21,210,000 |
$28,280,000 |
|
[Middlesex Water Company |
1225001-028 |
$8,400,000 |
$11,200,000] |
|
Old Bridge MUA |
1209002-005 |
$2,025,000 |
$2,700,000 |
|
Hoboken City |
0905001-002 |
$6,000,000 |
$8,000,000 |
|
Clinton Town |
1005001-010 |
$1,320,000 |
$2,640,000 |
|
Spotswood Borough |
1224001-001 |
$2,582,936 |
$3,443,914 |
|
Point Pleasant Borough |
1525001-002 |
$2,100,000 |
$2,800,000 |
|
Glen Ridge Borough |
0708001-008 |
$2,025,000 |
$2,700,000 |
|
Tuckerton Borough |
1532002-007 |
$1,275,000 |
$1,700,000 |
|
Jersey City MUA |
0906001-020 |
$4,965,000 |
$6,620,000 |
|
Jersey City MUA |
0906001-021 |
$8,250,000 |
$11,000,000 |
|
Ship Bottom Borough |
1528001-003 |
$7,500,000 |
$10,000,000 |
|
Allentown Borough |
1302001-004 |
$1,746,720 |
$2,328,960 |
|
Jersey City MUA |
0906001-015 |
$2,691,950 |
$3,589,266 |
|
Brick Township MUA |
1506001-008 |
$4,912,500 |
$6,550,000 |
|
[Middlesex Water Company |
1225001-025 |
$42,750,000 |
$57,000,000 |
|
Brick Township MUA |
1506001-009 |
$4,446,570 |
$5,928,760] |
|
Ship Bottom Borough |
1528001-004 |
$3,150,000 |
$4,200,000 |
|
East Windsor MUA |
1101002-005 |
$1,500,000 |
$2,000,000 |
|
Clinton Town |
1005001-012 |
$2,625,000 |
$3,500,000 |
|
Farmingdale Borough |
1314001-002 |
$680,250 |
$907,000 |
|
Roosevelt Borough |
1341001-007 |
$750,000 |
$1,000,000 |
|
[NJ American Water Company, Incorporated |
2004002-013 |
$12,000,000 |
$16,000,000] |
|
Clinton Town |
1005001-013 |
$2,250,000 |
$3,000,000 |
|
Washington Township MUA |
1438004-001 |
$3,750,000 |
$5,000,000 |
|
Winslow Township |
0436007-010 |
$2,868,750 |
$3,825,000 |
|
Mount Arlington Borough |
1426005-001 |
[$165,836] $1,575,000 |
[$250,285] $2,100,000 |
|
Hopatcong Borough |
1912001-004 |
$75,000 |
$100,000 |
|
Highbridge Borough |
1014001-001 |
$75,000 |
$100,000 |
|
Total Projects: [53] 55 |
[$571,518,944] $406,216,884 |
[$762,934,428] $542,502,511 |
c. The department is authorized to adjust the allowable department loan amount for projects authorized in this section to between zero percent and 100 percent of the total allowable loan amount, and, if the department loan amount is adjusted to 100 percent of the total allowable loan amount, the loan shall be provided pursuant to the terms and conditions of the financing program year in which the construction loan component of the project was certified by the department, and for which the trust issued an interim financing program loan, or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2023 financing program.
(cf: P.L.2022, c.99, s.3)
4. Section 4 of P.L.2022, c.99 is amended to read as follows:
4. Any financing loan made by the department pursuant to [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), shall be subject to the following requirements:
a. The Commissioner Environmental Protection has certified that the project is in compliance with the provisions of P.L.1977, c.224, P.L.1985, c.329, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225, or P.L.2003, c.162, and any rules and regulations adopted pursuant thereto;
b. Except as otherwise provided in this subsection, a loan for an environmental infrastructure project listed in section 2 or 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), shall be subject to the terms and conditions of the financing program year in which the construction loan component of the project was certified by the department, and for which the trust issued an interim financing program loan, or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2023 financing program. Notwithstanding any provision of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), or a financial plan of the trust for State fiscal years 2018 through 2022 developed pursuant to section 21 of P.L.1985, c.334 (C.58:11B-21) or section 25 of P.L.1997, c.224 (C.58:11B-21.1) to the contrary, a loan for an environmental infrastructure project listed in section 2 or 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), that is partially funded from the proceeds of bonds issued by the trust to the United States Environmental Protection Agency pursuant to the federal "Water Infrastructure Finance and Innovation Act of 2014," 33 U.S.C. s.3901 et seq., shall be subject to terms and conditions regulating the blending of federal and other funds that are consistent with those provisions of the financial plan of the trust for State fiscal year 2023 that reference the federal "Water Infrastructure Finance and Innovation Act of 2014;"
c. Notwithstanding the provisions of sections 2 and 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), the department allowable loan amount may be 100 percent of the total allowable loan amount for:
(1) clean water project and drinking water project loans to (a) municipalities that do not satisfy the New Jersey Infrastructure Bank credit policy but are subject to State financial supervision and oversight pursuant to the "Local Government Supervision Act (1947)," P.L.1947, c.151 (C.52:27BB-1 et seq.), or (b) municipal, county, or regional sewerage authorities, or utilities authorities, that do not satisfy the New Jersey Infrastructure Bank credit policy but where the municipal participant through its service agreement with the authority or utility is under State financial supervision and oversight pursuant to the "Local Government Supervision Act (1947)," P.L.1947, c.151 (C.52:27BB-1 et seq.), and the repayment obligation of the authority or utility is secured by the full faith and credit of the participating municipality pursuant to the service agreement;
(2) clean water and drinking water loans to municipalities receiving funding under the United States Department of Housing and Urban Development Community Development Block Grant - Disaster Recovery Program (CDBG-DR); and
(3) clean water loans to municipal, county, or regional sewerage authorities that qualify for Sewer Overflow and Stormwater Reuse grants for combined sewer overflows or stormwater management projects;
d. With the exception of a loan for which the department issues 100 percent of the loan amount pursuant to subsection b. of section 2, subsection c. of section 3, and subsection c. of this section, the loan shall be conditioned upon approval of a loan from the New Jersey Infrastructure Bank pursuant to P.L.2022, c.100 [(pending before the Legislature as Senate Bill No. 2735 of 2022 and Assembly Bill No. 4067 of 2022)] , as amended by P.L. , c. (pending before the Legislature as Assembly Bill No. 4833 of 2022 and Senate Bill No. 3249 of 2022), prior to June 30, 2022;
e. The loan shall be repaid within a period not to exceed 30 years, or 35 years for loans funded pursuant to the federal "Water Infrastructure Finance and Innovation Act of 2014," 33 U.S.C. s.3901 et seq. as amended and supplemented, or 45 years for combined sewer overflow abatement projects, of the making of the loan; and
f. The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), to loans made by the New Jersey Infrastructure Bank pursuant to P.L.2022, c.100 [(pending before the Legislature as Senate Bill No. 2735 of 2022 and Assembly Bill No. 4067 of 2022)] , as amended by P.L. , c. (pending before the Legislature as Assembly Bill No. 4833 of 2022 and Senate Bill No. 3249 of 2022), 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)] (C.58:11B-5).
(cf: P.L.2022, c.99, s.4)
5. Section 5 of P.L.2022, c.99 is amended to read as follows:
5. Any Sandy financing loan made by the department pursuant to [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), shall be subject to the following requirements:
a. The commissioner has certified that the project is in compliance with the provisions of Title X, Chapter 7 of the Federal Disaster Relief Appropriations Act;
b. The commissioner has certified that the project is in compliance with the provisions of P.L.1977, c.224, P.L.1985, c.329, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and any rules and regulations adopted pursuant thereto; and
c. The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), to loans made by the trust pursuant to P.L.2022, c.100 [(pending before the Legislature as Senate Bill No. 2735 of 2022 and Assembly Bill No. 4067 of 2022)] , as amended by P.L. , c. (pending before the Legislature as Assembly Bill No. 4833 of 2022 and Senate Bill No. 3249 of 2022), prior to June 30, 2023, 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).
(cf: P.L.2022, c.99, s.5)
6. Section 6 of P.L.2022, c.99 is amended to read as follows:
6. The eligibility lists and authorization for the making of loans pursuant to sections 2 and 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), shall expire on July 1, 2023, and any project sponsor which has not executed and delivered a loan agreement with the department for a loan authorized in [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), shall no longer be entitled to that loan.
(cf: P.L.2022, c.99, s.6)
7. Section 7 of P.L.2022, c.99 is amended to read as follows:
7. The Commissioner of Environmental Protection is authorized to reduce or increase the individual amount of loan funds made available to or on behalf of project sponsors pursuant to sections 2 and 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), based upon final or low bid building costs defined in and determined in accordance with rules and regulations adopted by the commissioner pursuant to section 4 of P.L.1985, c.329, section 2 of P.L.1999, c.362 (C.58:12A-12.2), or section 5 of P.L.1981, c.261, provided that the total loan amount does not exceed the estimated total allowable loan amount. The commissioner is authorized to reduce or increase the individual amount of loan funds made available to or on behalf of project sponsors pursuant to sections 2 and 3 of [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), in an amount not to exceed 10 percent of the total allowable loan amount based upon additional project costs to comply with the department's guidance for asset management, emergency response, flood protection, and auxiliary power.
(cf: P.L.2022, c.99, s.7)
8. Section 8 of P.L.2022, c.99 is amended to read as follows:
8. The expenditure of the funds appropriated by [this act] P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill), is subject to the provisions and conditions of P.L.1977, c.224, P.L.1085, c.302, P.L.1985, c.329, P.L.1989, c.181, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and the rules and regulations adopted by the Commissioner of Environmental Protection pursuant thereto, and the provisions of the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, and the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto.
(cf: P.L.2022, c.99, s.8)
9. Section 10 of P.L.2022, c.99 is amended to read as follows:
10. a. Prior to repayment to the Clean Water State Revolving Fund pursuant to sections 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the "1992 Wastewater Treatment Fund" pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, prior to repayment to the "2003 Water Resources and Wastewater Treatment Fund" pursuant to the provisions of section 20 of P.L.2003, c.162, prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, or prior to the repayment to the "Pinelands Infrastructure Trust Fund" pursuant to the provisions of section 5 of P.L.1985, c.302, repayments of loans made pursuant to these acts may be utilized by the New Jersey Infrastructure Bank established pursuant to P.L.1985, c.334 [(C.58:11B 1] (C.58:11B-1 et seq.), as amended and supplemented by P.L.1997, c.224, under terms and conditions established by the commissioner and trust, approved by the State Treasurer, and consistent with the provisions of P.L.1985, c.334 (C.58:11B-1 et seq.) and federal tax, environmental or securities law, to the extent necessary to secure repayment of trust bonds issued to finance loans approved pursuant to P.L.2022, c.100 [(pending before the Legislature as Senate Bill No. 2735 of 2022 and Assembly Bill No. 4067 of 2022)] , as amended by P.L. , c. (pending before the Legislature as Assembly Bill No. 4833 of 2022 and Senate Bill No. 3249 of 2022), 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)] (C.58:11B-5) by the project sponsors receiving trust loans.
b. Prior to repayment to the Clean Water State Revolving Fund pursuant to section 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the "1992 Wastewater Treatment Fund" pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the "2003 Water Resources and Wastewater Treatment Fund" pursuant to the provisions of section 20 of P.L.2003, c.162, prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, or prior to repayment to the "Pinelands Infrastructure Trust Fund" pursuant to the provisions of section 5 of P.L.1985, c.302, the trust is further authorized to utilize repayments of loans made pursuant to P.L.1989, c.189, P.L.1990, c.99, P.L.1991, c.325, P.L.1992, c.38, P.L.1993, c.193, P.L.1994, c.106, P.L.1995, c.219, P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, P.L.2002, c.70, P.L.2003, c.158, P.L.2004, c.109, P.L.2005, c.196, P.L.2006, c.68, P.L.2007, c.139, P.L.2008, c.68, P.L.2009, c.102, P.L.2010, c.63, P.L.2011, c.93, P.L.2012, c.43, P.L.2013, c.95, P.L.2014, c.25, P.L.2015, c.108, P.L.2016, c.32, P.L.2017, c.143, as amended by P.L.2017, c.326, P.L.2018, c.85, as amended by P.L.2018, c.137, P.L.2019, c.12, P.L.2019, c.193, as amended by P.L.2019, c.514, P.L.2020, c.49, as amended by P.L.2021, c.21, P.L.2021, c.203, as amended by P.L.2021, c.328, or P.L.2022, c.99 , as amended by P.L. , c. (pending before the Legislature as this bill) to secure repayment of trust bonds issued to finance loans approved pursuant to P.L.1995, c.218, P.L.1996, c.87, P.L.1997, c.222, P.L.1998, c.85, P.L.1999, c.173, P.L.2000, c.93, P.L.2001, c.224, P.L.2002, c.71, P.L.2003, c.159, P.L.2004, c.110, P.L.2005, c.197, P.L.2006, c.67, P.L.2007, c.140, P.L.2008, c.67, P.L.2009, c.101, P.L.2010, c.62, P.L.2011, c.95, P.L.2012, c.38, P.L.2013, c.94, P.L.2014, c.26, P.L.2015, c.107, P.L.2016, c.31, P.L.2017, c.142, as amended by P.L.2017, c.327, P.L.2018, c.84, as amended by P.L.2019, c.30, P.L.2019, c.192, as amended by P.L.2019, c.515, P.L.2020, c.48, as amended by P.L.2021, c.22, P.L.2021, c.204, as amended by P.L.2021, c.316, or P.L.2022, c.100 [(pending before the Legislature as Senate Bill No. 2735 of 2022 and Assembly Bill No. 4067 of 2022)] , as amended by P.L. , c. (pending before the Legislature as Assembly Bill No. 4833 of 2022 and Senate Bill No. 3249 of 2022), and to secure the administrative fees payable to the trust under these loans pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5).
c. To the extent that any loan repayment sums are used to satisfy any trust bond repayment or administrative fee payment deficiencies, the trust shall repay such sums to the department for deposit into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the Drinking Water State Revolving Fund, the "2003 Water Resources and Wastewater Treatment Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," or the "Pinelands Infrastructure Trust Fund," as appropriate, from amounts received by or on behalf of the trust from project sponsors causing any such deficiency.
(cf: P.L.2022, c.99, s.10)
10. Section 13 of P.L.2022, c.99 is amended to read as follows:
13. There is appropriated to the New Jersey Infrastructure Bank established pursuant to P.L.1985, c.334 (C.58:11B-1 et seq.), funds from the Federal Disaster Relief Appropriations Act deposited in any account including the Clean Water State Revolving Fund, the "Water Supply Fund," or the Drinking Water State Revolving Fund, as appropriate, funds transferred by the department to the New Jersey Infrastructure Bank pursuant to paragraph (21) of subsection a. of section 1 of P.L.2022, c.99, as amended by P.L. , c. (pending before the Legislature as this bill, and funds from any net earnings received from the investment and reinvestment of such deposits, such sums as the chairperson of the trust certifies to the Commissioner of Environmental Protection to be necessary and appropriate for deposit into one or more reserve funds or accounts established by the trust pursuant to section 11 of P.L.1985, c.334 (C.58:11B-11).
(cf: P.L.2022, c.99, s.13)
11. This act shall take effect immediately.
STATEMENT
This bill would amend P.L.2022, c.99 to amend the lists of environmental infrastructure projects for which the Legislature has appropriated funds to the Department of Environmental Protection (DEP) for State fiscal year 2023 (FY2023).
In August 2022, P.L.2022, c.99 was enacted into law, which appropriated funds to the DEP for the purpose of financing approximately $2.07 billion in Storm Sandy and other environmental infrastructure projects through the New Jersey Infrastructure Bank (NJIB) in FY2023. This bill would amend the lists of environmental infrastructure projects for which the DEP is appropriated funds pursuant to P.L.2022, c.99 to include new projects, remove projects, modify the priority of certain projects, and modify the loan amounts for certain projects, as enumerated in subsections a. and b. of section 3 of the bill. The bill would appropriate to the DEP up to $2.19 billion, and any unexpended balances from previous authorizations, to provide loans to project sponsors for a total of 225 eligible environmental infrastructure projects for FY2023. This would include 151 projects on the "Storm Sandy and State Fiscal Year 2023 Clean Water Project Eligibility List" and 55 projects on the "Storm Sandy and State Fiscal Year 2023 Drinking Water Project Eligibility List."
The bill would also make various changes to P.L.2022, c.99 to reflect changes in the financial plan of the New Jersey Infrastructure Bank (NJIB), which administers the loans used to finance the environmental infrastructure projects listed in the bill. These changes include:
(1) consolidating certain appropriations for principal forgiveness loans for emerging contaminant projects;
(2) adding an appropriation of up to $248 million from moneys appropriated to the DEP under the federal "American Rescue Plan Act," Pub.L. 117-2, for principal forgiveness loans for construction projects that reduce or eliminate discharges from certain combined sewer overflow outfalls;
(3) modifying the authorized interest rates for loans to certain projects on drinking water systems serving populations of up to 10,000 people;
(4) modifying the authorized interest rates for certain drinking water projects that do not address emerging contaminants or lead;
(5) providing that up to $25 million plus any appropriated but unallocated funds designated in State fiscal year 2022 may be issued for principal forgiveness loans for drinking water systems that meet the department's affordability criteria pursuant to the State's lead service line replacement program, rather than for drinking water systems that serve 10,000 or fewer customers, as in current law;
(6) adding an appropriation of up to $45 million from moneys appropriated to the DEP under the federal "American Rescue Plan Act" for drinking water projects that address climate change concerns and ensure long-term drinking water resilience in New Jersey, or for projects for the installation of treatment systems to address multiple maximum contaminant level violations at certain drinking water systems; and
(7) authorizing the DEP to increase the maximum amounts available for principal forgiveness for certain loans, to the extent additional funds are available.
