Bill Text: NJ S3250 | 2022-2023 | Regular Session | Chaptered
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: Partisan Bill (Democrat 7-0)
Status: (Passed) 2023-01-30 - Approved P.L.2023, c.6. [S3250 Detail]
Download: New_Jersey-2022-S3250-Chaptered.html
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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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, as amended by P.L.2023, c.5, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, and for the purpose of implementing and administering the provisions of P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, or by the Commissioner of Environmental Protection pursuant to section 7 of P.L.2022, c.99, as amended by P.L.2023, c.6.
(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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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) 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.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, and subsection a. of section 3 of P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 $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 $40 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. Project costs over $40 million may be financed at an interest rate of 100 percent of the trust's market rate as capacity allows;
(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 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 P.L.2022, c.99, as amended by P.L.2023, c.6, or if a project fails to meet the requirements of section 4 or 5 of P.L.2022, c.99, as amended by P.L.2023, c.6.
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 P.L.2022, c.99, as amended by P.L.2023, c.6 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, P.L.2021, c.203, as amended by P.L.2021, c.328, and P.L.2022, c.99, as amended by P.L.2023, c.6, 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.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6 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 P.L.2022, c.99, as amended P.L.2023, c.6, or if a project fails to meet the requirements of section 4, 5, or 7 of P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6:
"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).
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 Estimated Total
DEP Loan Amount 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6.
(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 P.L.2022, c.99 as amended by P.L.2023, c.6.
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 Estimated Total
DEP Loan Amount 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 1613001-025R $19,125,000 $25,500,000
Water Supply Comm.
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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6.
(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 P.L.2022, c.99, as amended by P.L.2023, c.6.
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.
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 Estimated Total
DEP Loan Amount 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 S340372-64 $28,330,500 $37,774,000
Hoboken City S340635-09 $375,000 $500,000
Mount Laurel S340943-06 $7,875,000 $10,500,000
Township MUA
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 $2,437,500 $3,250,000
Hackensack City S340923-13 $12,750,000 $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
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 $10,875,000 $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 S340500-01 $28,125,000 $37,500,000
University of
New Jersey
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 $12,000,000 $16,000,000
New Jersey Water S340421-02 $71,250,000 $95,000,000
Supply Authority
Camden County MUA S340640-36 $11,625,000 $15,500,000
Long Branch SA S340336-09 $4,200,000 $5,600,000
Stafford Township S340946-07 $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 $2,271,750 $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 S340325-04 $2,625,000 $3,500,000
Bayshore Outfall
Authority
Monmouth County S340325-04a $2,625,000 $3,500,000
Bayshore Outfall
Authority
Camden County S340640-30 $5,625,000 $7,500,000
Municipal UA
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 S340117-09 $3,150,000 $4,200,000
Reclamation
Authority
Two Rivers Reclamation S340117-10 $2,475,000 $3,300,000
Authority
Two Rivers Water S340117-10a $66,015,000 $88,020,000
Reclamation Authority
Brick Township MUA S340448-13 $3,450,000 $4,600,000
Northwest Bergen S340700-19 $6,099,338 $8,132,450
County UA
Franklin Township SA S340839-09 $5,700,000 $7,600,000
Parsippany Troy S340886-05 $8,873,141 $11,830,855
Hills Township
Mount Laurel Township S340943-07 $2,400,000 $3,200,000
MUA
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
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 $1,022,625 $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 $1,895,000 $2,500,000
Haddon Heights Borough S340877-02 $487,500 $650,000
Emerson Borough S340497-01 $75,000 $100,000
Emerson Borough S340497-02 $525,000 $700,000
Mount Arlington Borough S340451-05 $412,500 $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 S340579-04 $1,530,000 $2,040,000
Township
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 S342015-04 $4,439,778 $5,919,704
Improvement Authority
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: 151 $1,128,355,117 $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 Estimated Total
DEP Loan Amount Loan Amount
Trenton City 1111001-011 $15,255,000 $20,340,000
Newark City 0714001-021 $67,500,000 $90,000,000
Passaic Valley 1605002-002 $54,000,000 $72,000,000
Water Commission
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
Trenton City 1111001-005 $23,328,750 $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
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 $1,500,000 $2,000,000
East Greenwich 0803001-004 $4,500,000 $6,000,000
Jersey City MUA 0906001-017 $1,305,180 $1,740,240
NJ American Water 2004002-012 $15,000,000 $20,000,000
Company, Incorporated
Woodbine Borough 0516001-001 $3,750,000 $5,000,000
Hackettstown 2108001-002 $757,500 $1,010,000
Municipal UA
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
Brick Township MUA 1506001-014 $2,700,000 $3,600,000
Hightstown Borough 1104001-009 $712,500 $950,000
Jersey City MUA 0906001-025 $26,250,000 $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 0712001-016 $21,210,000 $28,280,000
Company, Incorporated
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
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
Clinton Town 1005001-013 $2,250,000 $3,000,000
Washington Township 1438004-001 $3,750,000 $5,000,000
MUA
Winslow Township 0436007-010 $2,868,750 $3,825,000
Mount Arlington Borough 1426005-001 $1,575,000 $2,100,000
Hopatcong Borough 1912001-004 $75,000 $100,000
Highbridge Borough 1014001-001 $75,000 $100,000
Total Projects: 55 $406,216,884 $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.
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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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, as amended by P.L.2023, c.5, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, to loans made by the New Jersey Infrastructure Bank pursuant to P.L.2022, c.100, as amended by P.L.2023, c.5, or to administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5).
5. 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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, to loans made by the trust pursuant to P.L.2022, c.100, as amended by P.L.2023, c.5, 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).
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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, shall no longer be entitled to that loan.
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 P.L.2022, c.99, as amended by P.L.2023, c.6, 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 P.L.2022, c.99, as amended by P.L.2023, c.6, in an amount not to exceed 10 percent of the total allowable loan amount based upon additional project costs to comply with the department's guidance for asset management, emergency response, flood protection, and auxiliary power.
8. Section 8 of P.L.2022, c.99 is amended to read as follows:
8. The expenditure of the funds appropriated by P.L.2022, c.99, as amended P.L.2023, c.6, is subject to the provisions and conditions of P.L.1977, c.224, P.L.1085, c.302, P.L.1985, c.329, P.L.1989, c.181, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and the rules and regulations adopted by the Commissioner of Environmental Protection pursuant thereto, and the provisions of the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, and the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto.
9. 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 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, as amended by P.L.2023, c.5, and to secure the administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5) by the project sponsors receiving trust loans.
b. Prior to repayment to the Clean Water State Revolving Fund pursuant to section 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the "1992 Wastewater Treatment Fund" pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the "2003 Water Resources and Wastewater Treatment Fund" pursuant to the provisions of section 20 of P.L.2003, c.162, prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, or prior to repayment to the "Pinelands Infrastructure Trust Fund" pursuant to the provisions of section 5 of P.L.1985, c.302, the trust is further authorized to utilize repayments of loans made pursuant to P.L.1989, c.189, P.L.1990, c.99, P.L.1991, c.325, P.L.1992, c.38, P.L.1993, c.193, P.L.1994, c.106, P.L.1995, c.219, P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, P.L.2002, c.70, P.L.2003, c.158, P.L.2004, c.109, P.L.2005, c.196, P.L.2006, c.68, P.L.2007, c.139, P.L.2008, c.68, P.L.2009, c.102, P.L.2010, c.63, P.L.2011, c.93, P.L.2012, c.43, P.L.2013, c.95, P.L.2014, c.25, P.L.2015, c.108, P.L.2016, c.32, P.L.2017, c.143, as amended by P.L.2017, c.326, P.L.2018, c.85, as amended by P.L.2018, c.137, P.L.2019, c.12, P.L.2019, c.193, as amended by P.L.2019, c.514, P.L.2020, c.49, as amended by P.L.2021, c.21, P.L.2021, c.203, as amended by P.L.2021, c.328, or P.L.2022, c.99, as amended by P.L.2023, c.6 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, as amended by P.L.2023, c.5, 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.
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.2023, c.6, 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).
11. This act shall take effect immediately.
Approved January 30, 2023.
