Bill Text: NJ S3212 | 2020-2021 | Regular Session | Introduced


Bill Title: Amends list of environmental infrastructure projects approved for long-term funding for FY2021 to include new projects and modify estimated loan amounts for certain projects; modifies terms and conditions for certain loans utilizing federal funds.

Spectrum: Bipartisan Bill

Status: (Introduced) 2020-12-17 - Substituted by A5053 [S3212 Detail]

Download: New_Jersey-2020-S3212-Introduced.html

SENATE, No. 3212

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 19, 2020

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Amends list of environmental infrastructure projects approved for long-term funding for FY2021 to include new projects and modify estimated loan amounts for certain projects; modifies terms and conditions for certain loans utilizing federal funds.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the financing of environmental infrastructure projects in Fiscal Year 2021 and amending P.L.2020, c.49.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.2020, c.49 is amended to read as follows:

     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 2020 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 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 of Environmental Protection 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 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 2020 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, 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 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 that maximum amount is 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 that maximum amount is appropriated to the department for those purposes.

     Notwithstanding any provision of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) to the contrary, the Department of Environmental Protection 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 of Environmental Protection 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, 2021, 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 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 may be available on or before June 30, 2021, 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 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 may be available on or before June 30, 2021, 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 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 may be available on or before June 30, 2021, 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 of Environmental Protection 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, 2021, 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 of Environmental Protection 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, 2021, 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 of Environmental Protection 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, 2021, for the purposes of drinking water project loans.

     (12)    There is appropriated to the Department of Environmental Protection such sums as may be needed from loan repayments and interest earnings from the "Water Supply Fund," 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 of Environmental Protection 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, 2021, 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 of Environmental Protection 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 of Environmental Protection 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, 2021, 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 of Environmental Protection such sums as may be available on or before June 30, 2021, 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 of Environmental Protection from the "Water Supply Fund" pursuant to P.L.1999, c.174, P.L.2001, c.222, P.L.2002, c.70, and P.L.2003, c.158, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2021, 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 of Environmental Protection from the "1992 Wastewater Treatment Fund" pursuant to P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, and P.L.2002, c.70, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2021, 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 of Environmental Protection from the "2003 Water Resources and Wastewater Treatment Fund" pursuant to P.L.2004, c.109 and P.L.2007, c.139, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2021, 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 of Environmental Protection 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.2020, c.48, as amended by P.L.    , c.    (pending before the Legislature as Senate Bill No.      of 2020 and Assembly Bill No.      of 2020), as may be available on or before June 30, 2021, 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.2020, c.49, 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.2020, c.49, 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 Drinking Water Infrastructure by the State fiscal year 2021 annual appropriations act, P.L.2020 c.97, up to $25 million may be transferred to the New Jersey Infrastructure Bank to invest, provide debt service reserve or guarantee, or pay interest on behalf of a sponsor of a drinking water environmental infrastructure project.

     b.    The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in subsection a. of section 2 and subsection a. of section 3 of [this act] P.L.2020, c.49, 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.2020, c.49, 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) , provided:

     (1)   a maximum of $15 million in principal forgiveness loans, plus any appropriated but unallocated funds designated in State fiscal year 2020 for combined sewer overflow projects, shall be issued as provided in subsection a. of section 3 of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) to communities in combined sewer overflow sewersheds sponsoring construction projects that reduce or eliminate discharges from combined sewer overflow outfalls, wherein principal forgiveness loans shall not exceed $4 million per borrower subject to the availability of funds, and wherein 50 percent of the principal of the fund loan shall be forgiven, 25 percent of the loan shall be a zero interest rate fund loan, and 25 percent of the loan shall be a trust market rate loan.  For project costs greater than $4 million up to and including $10 million, 75 percent of the loan shall be a zero interest rate fund loan and 25 percent of the loan shall be a trust market rate loan.  For project costs greater than $10 million, 50 percent of the loan shall be a zero interest rate fund loan and 50 percent of the loan shall be a trust market rate loan; 

     (2)   a maximum of $10 million in principal forgiveness loans shall be issued as provided in subsection a. of section 3 of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) for water quality restoration projects wherein principal forgiveness loans shall not exceed $2 million per borrower subject to the availability of funds, and wherein 50 percent of the principal of the fund loan shall be forgiven, 25 percent of the loan shall be a zero interest rate fund loan, and 25 percent of the loan shall be a trust market rate loan subject to the availability of funds.  For project costs greater than $4 million up to and including $10 million, 75 percent of the loan shall be a zero interest rate fund loan and 25 percent of the loan shall be a trust market rate loan.  For project costs greater than $10 million, 50 percent of the loan shall be a zero interest rate fund loan and 50 percent of the loan shall be a trust market rate loan;

     (3)   to the extent funds are available, a maximum of $500,000 in principal forgiveness loans shall be issued to finance clean water environmental infrastructure projects as provided in subsection a. of section 3 of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) for systems serving populations of up to 10,000 residents for the development of asset management plans wherein principal forgiveness shall be 100 percent of the fund loan amount per project in an amount not to exceed $100,000 per project sponsor; and

     (4)   those projects listed in subsection a. of section 2 of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) and subsection a. of section 3 of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) that were previously identified in P.L.2019, c.193, as amended by P.L.2019, c.514, are granted continued priority status and shall be subject to the provisions of P.L.2019, c.193, as amended by P.L.2019, c.514, provided such projects receive short-term funding prior to June 30, 2020. 

     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.2020, c.49, 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)   a maximum of 30 percent of the 2020 Drinking Water State Revolving Fund capitalization grant, not to exceed $5 million, plus any funds transferred to the Drinking Water State Revolving Fund pursuant to paragraph (4) of subsection a. of this section may be issued as provided in subsection b. of section 3 of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) for drinking water systems, as follows: 

     (a)   up to $4 million of Drinking Water State Revolving Fund loans, plus any appropriated but unallocated funds designated in State fiscal year 2020 for drinking water systems serving populations of up to 10,000 residents, shall be available for drinking water systems serving populations of up to 10,000 residents wherein principal forgiveness shall not exceed $500,000 in the aggregate and shall not exceed 50 percent of the total loan amount per project sponsor in an amount not to exceed $1 million per project sponsor.

     Loans for drinking water systems serving 500 or fewer residents shall be given the highest priority, followed by systems serving 501 to 10,000 residents;

     (b)   a maximum of $500,000 in principal forgiveness loans shall be issued to drinking water systems serving populations of up to 10,000 residents for the development of asset management plans wherein principal forgiveness shall be 100 percent of the fund loan amount per project in an amount not to exceed $100,000 per project sponsor subject to the availability of funds; and

     (c)   a maximum of $10 million of principal forgiveness for drinking water systems serving communities with a population of up to 1,000 residents for corrosion control treatment and lead service line replacement projects wherein principal forgiveness shall not exceed 90 percent of the total fund loan amount of $1 million per water system;

     (2)   up to $103 million of moneys from the Drinking Water State Revolving Fund, plus any appropriated but unallocated funds designated in State fiscal year 2020, may be issued for principal forgiveness loans for drinking water systems serving communities with a weighted median household income less than the median household income for the State to finance lead service line replacements, wherein principal forgiveness shall not exceed 50 percent of the total fund loan amount of:  $2 million per water system for systems with fewer than 1,000 known lead service lines, $10 million per water system for systems with 1,000 to 5,000 known lead service lines, and $40 million per water system for systems with greater than 5,000 known lead service lines. 

     Loans may be made pursuant to this subsection to the extent there are sufficient eligible project applications and as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.  Any such amounts may be reduced by the Commissioner of Environmental Protection pursuant to section 7 of [this act] P.L.2020, c.49, 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill); and

     (3)   Those projects listed in subsections a. and b. of section 3 of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) that were previously identified in P.L.2019, c.193, as amended by P.L.2019, c.514, are granted continued priority status and shall be subject to the provisions of P.L.2019, c.193, as amended by P.L.2019, c.514, provided such projects receive short-term funding prior to June 30, 2020.

     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.2020, c.49, 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, [and] sections 1 and 2 of P.L.2019, c.193, as amended by P.L.2019, c.514, and sections 1 and 2 of P.L.2020, c.49, 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, [and] section 7 of P.L.2019, c.193, as amended by P.L.2019, c.514, and section 7 of P.L.2020, c.49, as amended by P.L.    , 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 2019 and State fiscal year 2020 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.2020, c.49, 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.2020, c.49, 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.2020, c.49, 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) :

     "Base financing" means zero interest loans provided by the Department of Environmental Protection from moneys made available for the purposes of [this act] P.L.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) from any source other than funds received pursuant to the Federal Disaster Relief Appropriations Act, related State matching funds, and interest earned thereon.

     "Federal Disaster Relief Appropriations Act" means the "Disaster Relief Appropriations, 2013," Pub.L.113-2, and any amendatory and supplementary acts thereto.

     "Sandy financing" or "Sandy funding" means grants, zero interest loans or principal forgiveness loans provided by the Department of Environmental Protection from funds made available to the State for clean water projects or clean water project match, pursuant to the Federal Disaster Relief Appropriations Act.

(cf:  P.L.2020, c.49, s.1)

     2.    Section 2 of P.L.2020, c.49 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

Elizabeth City

S340942-19R

$206,250

$275,000

Ocean Twp. SA

S340750-14R

$750,000

$1,000,000

Hoboken City

S340635-06R

$30,000,000

$40,000,000

Franklin Township Sewerage Authority

S340839-06-1

$750,000

$1,000,000

Paterson City

S340850-03-1

[$1,800,000] $1,912,500

[$2,400,000] $2,550,000

Rockaway Valley RSA

S340821-06-1

$581,250

$775,000

Somerville Borough

S342013-01-1

$1,387,500

$1,850,000

Total Projects: [5] 7

 

[$4,725,000] $35,587,500

[$6,300,000] $47,450,000

 

     (2)   The loans authorized in this subsection shall be made for the difference between the allowable loan amounts required by these projects based upon final building costs pursuant to section 7 of [this act] P.L.2020, c.49, 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 2008, 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 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.2020, c.49, 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) .

     b. (1) The Department of Environmental Protection 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

Newark City

0714001-016R

[$1,275,000] $2,250,000

[$1,700,000] $3,000,000

North Jersey District Water Supply Comm. 

1613001-025R

$19,125,000

$25,500,000

Total Projects: 2

[$20,400,000] $21,375,000

[$27,200,000] $28,500,000

 

     (2)   The loans authorized in this subsection shall be made for the difference between the allowable loan amount required by these projects based upon final building costs pursuant to section 7 of [this act] P.L.2020, c.49, 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 year 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.2020, c.49, 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill)

     c.     The Department of Environmental Protection is authorized to adjust the allowable Department of Environmental Protection loan amount for projects authorized in this section to between zero percent and 100 percent of the total allowable loan amount, and, if the Department of Environmental Protection 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 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 2021 financing program.

(cf:  P.L.2020, c.49, s.2)

 

     3.    Section 3 of P.L.2020, c.49 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 2021 Clean Water Project Eligibility List":

 

Project Sponsor

Project Number

Estimated Allowable DEP Loan Amount

Estimated Total Loan Amount

Musconetcong SA

S340384-09

$4,500,000

$6,000,000

Camden County MUA

S340640-17

$2,625,000

$3,500,000

Camden County MUA

S340640-24

$4,875,000

$6,500,000

Rahway Valley SA

S340547-14

$7,125,000

$9,500,000

Rahway Valley SA

S340547-15

$1,941,389

$2,588,518

Camden County MUA

S340640-22

$2,625,000

$3,500,000

Camden County MUA

S340640-23

$4,200,000

$5,600,000

Newark City

S340815-28

$4,500,000

$6,000,000

Camden County MUA

S340640-16

$9,975,000

$13,300,000

Newark City

S340815-24

$15,750,000

$21,000,000

Camden City

S340366-15

$9,997,500

$13,330,000

Camden County MUA

S340640-18

$63,022,500

$84,030,000

North Bergen MUA

S340652-14

$17,250,000

$23,000,000

Jersey City MUA

S340928-15

$30,750,000

$41,000,000

Jersey City MUA

S340928-20

$5,400,000

$7,200,000

Jersey City MUA

S340928-21

[$9,750,000] $18,750,000

[$13,000,000] $25,000,000

Jersey City MUA

S340928-24

$80,693,069

$108,000,000

Jersey City MUA

S340928-28

$2,025,000

$2,700,000

Jersey City MUA

S340928-31

$8,294,700

$11,059,600

Jersey City MUA

S340928-34

[$885,885] $975,000

[$1,181,180] $1,300,000

Elizabeth City

S340942-17

$4,875,000

$6,500,000

Camden County MUA

S340640-13

$9,600,000

$12,800,000

Long Branch SA

S340336-08

$1,305,525

$1,740,700

Ocean County UA

S340372-62

$3,225,000

$4,300,000

Ocean County UA

S340372-61

$3,975,000

$5,300,000

Ocean County UA

S340372-59

$5,715,000

$7,620,000

Hoboken City

S340635-07

$3,750,000

$5,000,000

Hoboken City

S340635-09

$375,000

$500,000

Mount Laurel Twp. MUA

S340943-06

$6,000,000

$8,000,000

Jersey City

S340928-30

$2,033,250

$2,711,000

North Hudson SA

S340952-30

$17,400,000

$23,200,000

North Hudson SA

S340952-31

$74,550

$547,350

North Hudson SA

S345190-01

$4,500,000

$6,000,000

Riverside SA

S340490-01

$630,000

$840,000

Perth Amboy City

S340435-11

$4,844,513

$6,459,351

Perth Amboy City

S340435-14

$1,956,000

$2,608,000

Perth Amboy City

S345220-01

$750,000

$1,000,000

Hackensack City

S340923-14

$6,000,000

$8,000,000

Somerset Raritan Valley SA

S340801-09

$4,875,000

$6,500,000

Somerset Raritan Valley SA

S340801-07

$25,500,000

$34,000,000

Passaic Valley SC

S340689-48

$675,308

$900,410

Passaic Valley SC

S340689-38

$15,750,000

$21,000,000

Passaic Valley SC

S345200-01

[$6,000,000] $6,750,000

[$8,000,000] $9,000,000

Passaic Valley SC

S345200-02

$1,500,000

$2,000,000

Passaic Valley SC

S340689-40

$13,217,254

$123,300,000

Passaic Valley SC

S340689-30

$2,775,000

$3,700,000

Passaic Valley SC

S340689-32

$7,500,000

$10,000,000

Northwest Bergen County UA

S340700-16

$3,675,000

$4,900,000

Bergen County UA

S340386-21

$5,700,000

$7,600,000

Bergen County UA

S340386-24

$1,462,500

$1,950,000

Linden Roselle SA

S340299-09

$1,575,000

$2,100,000

Linden Roselle SA

S340299-08

$12,750,000

$17,000,000

Lambertville MUA

S340882-09

$1,350,000

$1,800,000

Raritan Twp. MUA

S340485-12

$3,675,000

$4,900,000

Clinton Town

S340924-08

$3,075,000

$4,100,000

Gloucester County UA

S340902-15

$8,625,000

$11,500,000

Stafford Twp.

S344100-03

$4,200,000

$5,600,000

Allentown Borough

S340567-05

$3,825,000

$5,100,000

JMEUC - East Orange City

S340686-09a

$465,378

$620,504

JMEUC - Elizabeth City

S340686-09b

$4,879,407

$6,505,876

JMEUC - Hillside Twp.

S340686-09c

$681,323

$908,430

JMEUC - Irvington Twp.

S340686-09d

$1,689,260

$2,252,347

JMEUC - Newark City

S340686-09e

$1,022,282

$1,363,042

JMEUC - South Orange Village Twp.

S340686-09f

$488,105

$650,806

JMEUC - Summit City

S340686-09g

$889,742

$1,186,322

JMEUC - Union Twp.

S340686-09h

$1,837,001

$2,449,335

JMEUC - West Orange Twp.

S340686-09i

$1,189,072

$1,585,429

Howell Twp.

S344040-02

$11,010,000

$14,680,000

Rutgers, The State University of New Jersey

S340500-01

$27,750,000

$37,000,000

Ocean County

S344080-10

$187,500

$250,000

Ocean County

S344080-11

$262,500

$350,000

Rockaway Valley RSA

S340821-07

$6,150,000

$8,200,000

Ocean County

S344080-09

$975,000

$1,300,000

Western Monmouth UA

S340128-06

$9,825,000

$13,100,000

Chatham (MCJM) Borough

S340715-07A

[$2,250,000] $5,466,885

[$3,000,000] $7,289,180

Madison (MCJM) Borough

S340715-07B

[$3,750,000] $5,466,885

[$5,000,000] $7,289,180

Wildwood City

S340664-06

$11,784,758

$15,713,010

Point Pleasant Beach Borough

S344190-02

$2,362,500

$3,150,000

New Jersey Water Supply Authority

S340421-02

$64,575,000

$86,100,000

Long Branch SA

S340336-09

$4,200,000

$5,600,000

Manasquan River RSA

S340911-03

$495,000

$660,000

Little Egg Harbor MUA

S340579-03

$1,779,298

$2,900,000

Delran Twp.

S340794-10

$1,575,000

$2,100,000

Hopatcong Borough

S340488-07

$76,000

$80,000

Middlesex County UA

S340699-14

$8,250,000

$11,000,000

Bergen County UA

S340386-25

$3,000,000

$4,000,000

Monmouth County Bayshore Outfall Authority

S340325-04

$2,625,000

$3,500,000

Camden County MUA

S340640-28

$5,625,000

$7,500,000

Toms River MUA

S340145-05

$3,100,000

$4,500,000

Ocean County UA

S340372-60

$652,500

$870,000

Two Rivers Water Reclamation Authority

S340117-10

$56,250,000

$75,000,000

Brick Twp. MUA

S340448-11

$4,275,000

$5,700,000

Northwest Bergen County UA

S340700-15

$5,250,000

$7,000,000

Northwest Bergen County UA

S340700-18

$1,500,000

$2,000,000

Northwest Bergen County UA

S340700-19

$6,099,338

$8,132,450

Western Monmouth UA

S340128-05

$5,887,500

$7,850,000

Old Bridge MUA

S340945-14

$2,700,000

$3,600,000

Franklin Twp. SA

S340839-08

$3,150,000

$4,200,000

Evesham MUA

S340838-07

$1,200,000

$1,600,000

Mount Laurel Twp. MUA

S340943-07

$2,400,000

$3,200,000

Winslow Twp.

S340895-10

$1,275,000

$1,700,000

Ocean Twp. SA

S340750-13

$412,500

$550,000

Ocean Twp. SA

S340750-12

$3,375,000

$4,500,000

Vernon Twp.

S340745-03

$82,500

$110,000

Scotch Plains Twp.

S340512-01

$2,025,000

$2,700,000

Carteret Borough

S340939-10

$4,950,000

$6,600,000

Burlington Twp.

S340712-17

$750,000

$1,000,000

West Deptford Twp.

S340947-05

$1,061,250

$1,415,000

Princeton

S340656-11

$2,944,259

$3,925,678

Warren Twp. SA

S340964-05

$8,100,000

$10,800,000

Middlesex Borough

S340698-02

$1,926,563

$2,568,750

Red Bank Borough

S340528-01

$1,125,000

$1,500,000

North Haledon Borough

S340229-02

$75,000

$100,000

Glen Ridge Borough

S340861-03

$334,387

$445,849

Glen Ridge Borough

S340861-04

$1,725,000

$2,300,000

Emerson Borough

S340497-01

$75,000

$100,000

Mount Arlington Borough

S340451-05

$159,456

$212,785

Buena Borough MUA

S340518-06

$973,500

$1,298,000

Bradley Beach Borough

S340472-01

$2,025,000

$2,700,000

Medford Lakes Borough

S340319-03

$8,250,000

$11,000,000

Lambertville MUA

S340882-10

$525,000

$700,000

Hamburg Borough

S340149-03

$75,000

$100,000

Long Beach Twp.

S340023-07

$3,450,000

$4,600,000

Long Beach Twp.

S340023-08

$90,000

$120,000

Ship Bottom Borough

S340311-05

$3,750,000

$5,000,000

Passaic Valley SC

S340689-45

$7,657,577

$10,210,102

Plumsted Twp.

S340607-03

$12,769,687

$34,000,000

Camden County MUA

S340640-26

$21,150,000

$28,200,000

Lakewood Twp. MUA

S340465-02

$3,240,000

$4,320,000

Marlboro Twp.

S340268-02

$723,188

$964,250

Cumberland County

S340438-03

$12,750,000

$17,000,000

Cranford Twp.

S340858-04

$9,000,000

$12,000,000

New Jersey Water Supply Authority

S340421-01

$42,600,000

$56,800,000

Gloucester Twp.

S340364-11

$712,500

$950,000

Gloucester Twp.

S340364-15

$1,087,500

$1,450,000

Spotswood Borough

S340510-01

$4,070,250

$5,427,000

Northfield City

S340508-02

$112,500

$150,000

Paulsboro Borough

S340164-01

$2,062,500

$2,750,000

North Hudson SA

S340952-36

$675,000

$900,000

Clinton Town

S340924-07

$600,000

$800,000

Sussex County MUA

S342008-04

[$5,552,370] $6,300,000

[$7,403,160] $8,400,000

Kearny Town

S340259-12

$16,125,000

$21,500,000

Jersey City MUA

S340928-32

$6,150,000

$12,300,000

Atlantic City MUA

S340439-04

$2,300,000

$3,066,667

Gloucester County Improvement Authority

S342016-04

$13,875,001

$18,500,001

Salem County Improvement Authority

S342022-02

$7,399,084

$8,500,000

Burlington City

S340140-02

$1,950,000

$2,600,000

Willingboro MUA

S340132-11

$7,500,000

$10,000,000

Lakewood Twp. MUA

S340465-03

$1,312,500

$1,750,000

Bloomfield Twp.

S340516-01

$5,423,228

$7,230,970

Brick Twp. MUA

S340448-14

$1,500,000

$2,000,000

North Brunswick Twp.

S340888-02

$6,000,000

$8,000,000

University Hospital

S340500-03

$5,850,000

$7,800,000

Manchester Twp.

S340650-08

$2,250,000

$3,000,000

Point Pleasant Beach Borough

S340479-04

$1,447,500

$1,930,000

Allentown Borough

S340567-06

$498,704

$664,938

Ship Bottom Borough

S340311-04

[$2,062,500] $536,663

$2,750,000

Total Projects: [123] 157

[$583,016,066] $1,034,948,089

[$777,354,747] $1,509,080,830

 

     (2)   The Department of Environmental Protection is authorized to make clean water project loans to the following municipalities receiving funding from the "Pinelands Infrastructure Trust Fund," established pursuant to section 14 of the "Pinelands Infrastructure Trust Bond Act of 1985," P.L.1985, c.302: 

 

Project Sponsor

Project Number

Estimated Total Loan Amount

Pemberton Twp.

Pinelands 1

$2,929,000

Manchester Twp./

Jackson MUA

Pinelands 2

$7,192,035

Galloway Twp.

Pinelands 4

$3,493,440

Winslow Twp.

Pinelands 5

$1,728,940

Total Pinelands Projects: 4

$15,343,415

 

     b.    The following environmental infrastructure projects shall be known and may be cited as the "State Fiscal Year 2021 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

Newark City

0714001-019

$9,375,000

$12,500,000

Trenton City

1111001-011

$15,255,000

$20,340,000

Bloomfield Twp.

0702001-003

$823,796

$1,098,395

NJ American Water Co., Inc.

1345001-017

$7,575,000

$10,100,000

Burlington City

0305001-002

$2,700,000

$3,600,000

Moorestown Twp.

0322001-001

$18,468,750

$24,625,000

Brick Twp. MUA

1506001-011

$15,667,500

$20,890,000

East Orange City

0705001-014

$24,750,000

$33,000,000

East Greenwich

0803001-004

$1,950,000

$2,600,000

Jersey City MUA

0906001-017

$1,305,180

$1,740,240

Woodbine Borough

0516001-001

$3,750,000

$5,000,000

Newark City

0714001-018

$3,862,500

$5,150,000

Jersey City MUA

0906001-019

$5,025,000

$6,700,000

Wildwood City

0514001-006

$4,637,403

$6,183,204

Little Egg Harbor MUA

1516001-005

$1,087,500

$1,450,000

NJ American Water Co., Inc.

1345001-021

$19,758,750

$26,345,000

Manchester Twp.

1518005-002

$4,125,000

$5,500,000

Paulsboro Borough

0814001-003

$2,100,000

$2,800,000

Jersey City MUA

0906001-025

$24,000,000

$32,000,000

Jersey City MUA

0906001-009

[$2,077,500] $3,750,000

[$2,770,000] $5,000,000

Middlesex Water Co.

1225001-028

$8,400,000

$11,200,000

Hoboken City

0905001-002

$6,000,000

$8,000,000

Wall Twp.

1352003-001

$1,350,000

$1,800,000

Wall Twp.

1352003-002

$2,775,000

$3,700,000

Clinton Town

1005001-010

[$1,086,140] $1,320,000

[$1,448,187] $2,640,000

Clinton Town

1005001-011

$949,355

$1,265,807

Spotswood Borough

1224001-001

$2,582,936

$3,443,914

Glen Ridge Borough

0708001-008

$1,929,908

$2,573,210

Jersey City MUA

0906001-020

$4,965,000

$6,620,000

Jersey City MUA

0906001-021

$8,250,000

$11,000,000

Jackson Twp. MUA

1511001-013

$15,000,000

$20,000,000

Berkeley Twp. MUA

1505004-009

$1,875,000

$2,500,000

Jersey City MUA

0906001-015

$2,691,950

$3,589,266

Hoboken City

0905001-001

$6,375,000

$8,500,000

Middlesex Water Co.

1225001-025

$42,750,000

$57,000,000

Evesham MUA

0313001-001

$1,950,000

$2,600,000

Brick Twp. MUA

1506001-009

$4,446,570

$5,928,760

Clinton Town

1005001-012

$2,625,000

$3,500,000

Milltown Borough

1212001-005

$1,350,000

$1,800,000

NJ American Water Co., Inc.

2004002-013

$12,000,000

$16,000,000

Jackson Twp. MUA

1511001-012

$8,250,000

$11,000,000

Mount Arlington Borough

1426005-001

$165,836

$250,285

Hampton Borough

1013001-001

$1,350,000

$1,800,000

Little Egg Harbor MUA

1516001-003

$4,143,750

$5,525,000

National Park Borough

0812001-004

$1,275,000

$1,700,000

Hopatcong Borough

1912001-004

$75,000

$100,000

Hamburg Borough

1909001-001

$63,750

$85,000

Highbridge Borough

1014001-001

$75,000

$100,000

Hardyston MUA

1911006-003

$75,000

$100,000

Total Projects: [44] 50

[$267,853,335] $328,150,434

[$357,137,779] $438,443,081

 

     c.     The Department of Environmental Protection is authorized to adjust the allowable Department of Environmental Protection loan amount for projects authorized in this section to between zero percent and 100 percent of the total allowable loan amount, and, if the Department of Environmental Protection 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 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 2021 financing program.

(cf:  P.L.2020, c.49, s.3)

 

     4.    Section 4 of P.L.2020, c.49 is amended to read as follows:

     4.    Any financing loan made by the Department of Environmental Protection pursuant to [this act] P.L.2020, c.49, 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.    [A] 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.2020, c.49, 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 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 2021 financing program .  Notwithstanding any provision of P.L.2020, c.49, 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, 2019, or 2020 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 P.L.2020, c.49, 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 Section III of the applicable financial plan of the trust for State fiscal year 2021 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill) , the Department of Environmental Protection allowable loan amount may be 100 percent of the total allowable loan amount for:

     (1)   clean water project and drinking water project loans to (a) municipalities that do not satisfy the New Jersey Infrastructure Bank credit policy but are subject to State financial supervision and oversight pursuant to the "Local Government Supervision Act (1947)," P.L.1947, c.151 (C.52:27BB-1 et seq.), or (b) municipal, county, or regional sewerage authorities, or utilities authorities, that do not satisfy the New Jersey Infrastructure Bank credit policy but where the municipal participant through its service agreement with the authority or utility is under State financial supervision and oversight pursuant to the "Local Government Supervision Act (1947)," P.L.1947, c.151 (C.52:27BB-1 et seq.), and the repayment obligation of the authority or utility is secured by the full faith and credit of the participating municipality pursuant to the service agreement; and

     (2)   clean water and drinking water loans to municipalities receiving funding under the United States Department of Housing and Urban Development Community Development Block Grant - Disaster Recovery Program (CDBG-DR);

     d.    With the exception of a loan for which the Department of Environmental Protection 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.2020, c.48, as amended by P.L.    , c.    (pending before the Legislature as Senate Bill No.      of 2020 and Assembly Bill No.      of 2020), prior to June 30, 2021; 

     e.     The loan shall be repaid within a period not to exceed 30 years, or 45 years for combined sewer overflow abatement projects, of the making of the loan; and

     f.     The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in [this act] P.L.2020, c.49, 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.2020, c.48, as amended by P.L.    , c.    (pending before the Legislature as Senate Bill No.      of 2020 and Assembly Bill No.      of 2020), 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.2020, c.49, s.4)

 

     5.    Section 5 of P.L.2020, c.49 is amended to read as follows:

     5.    Any Sandy financing loan made by the Department of Environmental Protection pursuant to [this act] P.L.2020, c.49, 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill), to loans made by the trust pursuant to P.L.2020, c.48 , as amended by P.L.    , c.    (pending before the Legislature as Senate Bill No.      of 2020 and Assembly Bill No.      of 2020), prior to June 30, 2021, or to administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5).

(cf:  P.L.2020, c.49, s.5)

 

     6.    Section 6 of P.L.2020, c.49 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill), shall expire on July 1, 2021, 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.2020, c.49, as amended by P.L.    , c.    (pending before the Legislature as this bill), shall no longer be entitled to that loan.

(cf:  P.L.2020, c.49, s.6)

 

     7.    Section 7 of P.L.2020, c.49 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.2020, c.49, 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.2020, c.49, 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 of Environmental Protection's guidance for asset management, emergency response, flood protection, and auxiliary power.

(cf:  P.L.2020, c.49, s.7)

 

     8.    Section 8 of P.L.2020, c.49 is amended to read as follows:

     8.    The expenditure of the funds appropriated by [this act] P.L.2020, c.49, 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.1985, 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.2020, c.49, s.8)

 

     9.    Section 10 of P.L.2020, c.49 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 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.2020, c.48, as amended by P.L.    , c.    (pending before the Legislature as Senate Bill No.      of 2020 and Assembly Bill No.      of 2020), 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 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 "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, or P.L.2020, c.49 , 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, or P.L.2020, c.48, as amended by P.L.    , c.    (pending before the Legislature as Senate Bill No.      of 2020 and Assembly Bill No.      of 2020), 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.2020, c.49, s.10)

     10.  This act shall take effect immediately.

 

STATEMENT

 

     This bill would amend P.L.2020, c.49 to alter the list of environmental infrastructure projects approved by the Legislature for long-term funding for Fiscal Year 2021 (FY2021) to include new projects and modify the estimated loan amounts for certain projects.     The bill would also provide that loans for projects that utilize federal funds raised pursuant to the federal "Water Infrastructure Finance and Innovation Act of 2014" (WIFIA) are subject to terms and conditions regulating the blending of federal and other funds that are consistent with certain provisions of the FY2021 financial plan of the New Jersey Infrastructure Bank (NJIB), even if those projects began in earlier fiscal years.  In addition, the bill would authorize the Department of Environmental Protection (DEP) to transfer up to $25 million to the NJIB from a $60 million capital construction appropriation in the FY2021 annual appropriations act, P.L.2020, c.97, to invest, provide debt service reserve or guarantee, or pay interest on behalf of a sponsor of a drinking water environmental infrastructure project.

     In July 2020, P.L.2020, c.49 was enacted into law, which appropriated funds to the DEP for the purpose of financing approximately $1.167 billion in Storm Sandy and other environmental infrastructure projects through the NJIB in FY2021.  Under this bill and P.L.2020, c.49, approximately $2.039 billion would be made available for environmental infrastructure projects through the NJIB in FY2021.

     Under current law, on or before May 15 each year, the NJIB is required to submit a list of environmental infrastructure projects, known as the project eligibility list, to be approved by the Legislature for long-term funding.  The list is introduced in the Legislature in the form of an appropriation bill.  For FY2021, this bill was enacted as P.L.2020, c.49.  In addition, current law provides the NJIB with the authority to submit an additional project eligibility list, by October 15 of each year, for approval by the Legislature. This bill would amend the original project eligibility list to reflect the changes in the additional list submitted to the Legislature by the NJIB.  Funding sources for NJIB project loans include federal capitalization grants, State bond issue proceeds, State match, various prior legislative appropriations, loan repayments, interest earnings, and market rate loans made by the NJIB.

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