Bill Text: NJ S2962 | 2014-2015 | Regular Session | Introduced


Bill Title: Appropriates funds to DEP for environmental infrastructure projects for FY2016.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-06-29 - Substituted by A4529 [S2962 Detail]

Download: New_Jersey-2014-S2962-Introduced.html

SENATE, No. 2962

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED JUNE 8, 2015

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

Senator  THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

     Appropriates funds to DEP for environmental infrastructure projects for FY2016.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act appropriating moneys to the Department of Environmental Protection for the purpose of making grants, zero interest loans, or principal forgiveness loans to project sponsors to finance a portion of the costs of environmental infrastructure projects.

 

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

 

     1.    a. (1) There is appropriated to the Department of Environmental Protection from the "Clean Water State Revolving Fund" established pursuant to section 1 of P.L.2009, c.77, an amount equal to the federal fiscal year 2015 capitalization grant made available to the State for clean water project loans pursuant to the "Water Quality Act of 1987" (33 U.S.C. s.1251 et seq.), and any amendatory and supplementary acts thereto (hereinafter referred to as the "Federal Clean Water Act").

     (2)   There is appropriated to the Department of Environmental Protection from the "Interim Financing Program Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9) such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (3)   There is appropriated to the Department of Environmental Protection from the "Disaster Relief Emergency Financing Program Fund" created and established by the New Jersey Environmental Infrastructure Trust 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 required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (4)  There is appropriated to the Department of Environmental Protection from the "Planning and Design Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to section 1 of P.L.2009, c.59 (C.58:11B-9.2) such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (5) There is appropriated to the Department of Environmental Protection from the "Equipment Loan Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to section 1 of P.L.2014, c.28 (C.58:11B-9.6) such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (6) There is appropriated to the Department of Environmental Protection from the "Loan Origination Fee Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to section 1 of P.L.2005, c.202 (C.58:11B-10.2), and any repayments of loans and interest therefrom, such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (7)   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 2015 capitalization grant made available to the State for drinking water projects pursuant to the "Safe Drinking Water Act Amendments of 1996," Pub.L.104-182, and any amendatory and supplementary acts thereto (hereinafter referred to as the "Federal Safe Drinking Water Act").

     The Department of Environmental Protection is authorized to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving Fund an amount up to the maximum amount authorized to be transferred pursuant to the Federal Safe Drinking Water Act to meet present and future needs for the financing of eligible drinking water projects, and an amount equal to that maximum amount is hereby appropriated to the department for those purposes.

     The Department of Environmental Protection is authorized to transfer from the Drinking Water State Revolving Fund to the Clean Water State Revolving Fund an amount up to the maximum amount authorized to be transferred pursuant to the Federal Clean Water Act to meet present and future needs for the financing of eligible clean water projects, and an amount equal to that maximum amount is hereby appropriated to the department for those purposes.

     (8)   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, for the purposes of clean water project loans and providing the State match as available on or before June 30, 2016, as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (9)   There is appropriated to the Department of Environmental Protection the unappropriated balances from the "Wastewater Treatment Fund" established pursuant to section 15 of the "Wastewater Treatment Bond Act of 1985" (P.L.1985, c.329), and any repayments of loans and interest therefrom, as available on or before June 30, 2016, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (10)  There is appropriated to the Department of Environmental Protection the unappropriated balances from the "1992 Wastewater Treatment Fund" established pursuant to section 27 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992" (P.L.1992, c.88), and any repayments of loans and interest therefrom, as available on or before June 30, 2016, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (11)  There is appropriated to the Department of Environmental Protection the unappropriated balances from the "2003 Water Resources and Wastewater Treatment Fund" established pursuant to subsection a. of section 19 of the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003" (P.L.2003, c.162), and any repayments of loans and interest therefrom, as available on or before June 30, 2016, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (12)  There is appropriated to the Department of Environmental Protection the unappropriated balances from the Drinking Water State Revolving Fund, including the balances from the Disaster Relief Appropriations Act of 2013, for the purposes of drinking water project loans and any repayments of loans and interest therefrom, that are or may become available on or before June 30, 2016.

     (13)  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 required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     (14)  There is appropriated to the Department of Environmental Protection from the "Interim Financing Program Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9) such amounts as may be or become available on or before June 30, 2016, and any repayments of loans and interest therefrom, as may be necessary to supplement the sums appropriated from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Safe Drinking Water Act.

     (15)  There is appropriated to the Department of Environmental Protection from the "Disaster Relief Emergency Financing Program Fund" created and established by the New Jersey Environmental Infrastructure Trust 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 required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     (16)  There is appropriated to the Department of Environmental Protection from the "Planning and Design Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to section 1 of P.L.2009, c.59 (C.58:11B-9.2) 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 required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     (17)  There is appropriated to the Department of Environmental Protection from the "Equipment Loan Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to section 1 of P.L.2014, c.28 (C.58:11B-9.6) 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 required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     (18) There is appropriated to the Department of Environmental Protection from the "Loan Origination Fee Fund" created and established by the New Jersey Environmental Infrastructure Trust pursuant to section 1 of P.L.2005, c.202 (C.58:11B-10.2), and any repayments of loans and interest therefrom, 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 required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     (19) There is appropriated to the Department of Environmental Protection such sums 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 anticipated and upon availability on or before June 30, 2016, for the purposes of CDBG-DR eligible clean water and drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act, respectively.

     (20) There is appropriated to the Department of Environmental Protection such sums as may be or become available on or before June 30, 2016, as repayments of drinking water project loans and any interest therefrom from the "Water Supply Fund" established pursuant to section 14 of the "Water Supply Bond Act of 1981" (P.L.1981, c.261) for the purposes of drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     (21)   Of the sums appropriated to the Department of Environmental Protection from the "Water Supply Fund" pursuant to P.L.1999, c.174, P.L.2001, c.222, P.L.2002, c.70 and P.L.2003, c.158, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2016, in such amounts as needed to the Drinking Water State Revolving Fund accounts contained within the Water Supply Fund established for the purposes of providing drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     (22)   Of the sums appropriated to the Department of Environmental Protection from the "1992 Wastewater Treatment Fund" pursuant to P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222 and P.L.2002, c.70, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2016, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 1992 Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (23)   Of the sums appropriated to the Department of Environmental Protection from the "2003 Water Resources and Wastewater Treatment Fund" pursuant to P.L.2004, c.109, and P.L.2007, c.139, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2016, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 2003 Water Resources and Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (24)   There is appropriated to the Department of Environmental Protection the sums deposited by the New Jersey Environmental Infrastructure Trust into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," 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.    , c.   (pending before the Legislature as Senate Bill No. 2957 of 2015 and Assembly Bill No.   of 2015), as available on or before June 30, 2016, for the purposes of providing clean water project loans and drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act.

     Any such amounts shall be for the purpose of making zero interest and principal forgiveness financing loans, to the extent sufficient funds are available, to or on behalf of local government units or public water utilities (hereinafter referred to as "project sponsors") to finance a portion of the cost of construction of clean water projects and drinking water projects listed in sections 2 and 3 of this act, and for the purpose of implementing and administering the provisions of this act, to the extent permitted by the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, and any amendatory and supplementary acts thereto, P.L.2009, c.77, the "Wastewater Treatment Bond Act of 1985" (P.L.1985, c.329), the "Water Supply Bond Act of 1981" (P.L.1981, c.261), the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989" (P.L.1989, c.181), the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992" (P.L.1992, c.88), the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003" (P.L.2003, c.162), the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto, and State law.

     b.    The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in subsection a. of section 2 and subsection a. of section 3 of this act for clean water projects, up to the individual amounts indicated and in the priority stated, to the extent there are sufficient eligible project applications, and except that any such amounts may be reduced if a project fails to meet the requirements of section 4 or 5 of this act, or by the Commissioner of Environmental Protection pursuant to section 7 of this act, provided:

     (1)   a maximum of $10 million in principal forgiveness loans shall be issued to Barnegat Bay Watershed environmental infrastructure projects as provided in subsection a. of section 3 of this act, wherein principal forgiveness shall be a minimum of 25 percent of the fund loan amount per project sponsor;

     (2)   a maximum of $30 million shall be issued to finance clean water redevelopment projects as provided in subsection a. of section 3 of this act;

     (3)   a maximum of $10 million in principal forgiveness loans shall be issued as provided in subsection a. of section 3 of this act, addressing combined sewer overflow abatement projects, including projects that use practices that restore natural hydrology through infiltration, evapotranspiration, or the usage or harvesting of stormwater, wherein principal forgiveness loans shall be a minimum of 25 percent of the fund loan amount per project in an amount not to exceed $1 million of principal forgiveness per project sponsor; and

     (4)   those projects listed in subsection a. of section 2 of this act and subsection a. of section 3 of this act that were previously identified in P.L.2014, c.25 are granted continued priority status and shall be subject to the provisions of P.L.2014, c.25, provided such projects receive short-term funding prior to June 30, 2015.

     c.     The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in subsection b. of section 3 of this act for drinking water projects, up to the individual amounts indicated and in the priority stated, provided:

     (1)   a maximum of 15 percent of the 2015 Drinking Water State Revolving Fund loans not to exceed $4 million may be issued as provided in subsection b. of section 3 of this act for drinking water systems, as follows:

     (a)   up to $500,000 of Drinking Water State Revolving Fund loans shall be available for drinking water systems serving up to 500 residents wherein principal forgiveness shall be 100 percent of the total loan amount; and

     (b)   any unexpended funds available pursuant to subparagraph (a) of this paragraph, plus up to $3.5 million of Drinking Water State Revolving Fund loans, shall be available for drinking water systems serving populations greater than 500 residents and up to 10,000 residents wherein principal forgiveness shall not exceed $2.25 million in aggregate when accounting for the principal forgiveness loans issued pursuant to subparagraph (a) of this paragraph, 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 between 501 to 3,300 residents, and then systems serving between 3,301 to 10,000 residents.

     Loans may be made pursuant to this subsection to the extent there are sufficient eligible project applications and as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.  Any such amounts may be reduced by the Commissioner of Environmental Protection pursuant to section 7 of this act, or if a project fails to meet the requirements of section 4 or 5 of this act.

     (2)   Those projects listed in subsection b. of section 2 of this act and subsection b. of section 3 of this act that were previously identified in P.L.2014, c.25 are granted continued priority status and shall be subject to the provisions of P.L.2014, c.25 provided such projects receive short-term funding prior to June 30, 2015.

     d.    The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in sections 2 and 3 of this act under the same terms, conditions and requirements as set forth in this section from any unexpended balances of the amounts appropriated pursuant to section 1 of P.L.1987, c.200, section 2 of P.L.1988, c.133, section 1 of P.L.1989, c.189, section 1 of P.L.1990, c.99, section 1 of P.L.1991, c.325, section 1 of P.L.1992, c.38, section 1 of P.L.1993, c.193, section 1 of P.L.1994, c.106, section 1 of P.L.1995, c.219, section 1 of P.L.1996, c.85, section 1 of P.L.1997, c.221, section 2 of P.L.1998, c.84, section 2 of P.L.1999, c.174, section 2 of P.L.2000, c.92, sections 1 and 2 of P.L.2001, c.222, sections 1 and 2 of P.L.2002, c.70, sections 1 and 2 of P.L.2003, c.158, sections 1 and 2 of P.L.2004, c.109, sections 1 and 2 of P.L.2005, c.196, sections 1 and 2 of P.L.2006, c.68, sections 1 and 2 of P.L.2007, c.139, sections 1 and 2 of P.L.2008, c.68, sections 1 and 2 of P.L.2009, c.102, sections 1 and 2 of P.L.2010, c.63, 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, and sections 1 and 2 of P.L.2014, c.25, 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, and section 6 of P.L.2014, c.25, and from any repayments of loans and interest from the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "Water Supply Fund," the "1992 Wastewater Treatment Fund," the "2003 Water Resources and Wastewater Treatment Fund," and amounts deposited therein during State fiscal year 2012 and State fiscal year 2015 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 for clean water projects and subsection b. of section 3 of this act for drinking 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, or if a project fails to meet the requirements of section 4, 5, or 7 of this act, provided:

     (1)   a maximum of $354.69 million shall be provided for Sandy financing loans for clean water and drinking 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; and

     (2)   a maximum of $68.6920 million shall be provided in the form of principal forgiveness loans for clean water and drinking water projects in the form of principal forgiveness loans to provide auxiliary power to publicly-owned facilities affected by Storm Sandy.

     f.     For the purposes of this act:

     "Base financing" means zero interest loans provided by the Department of Environmental Protection from moneys made available for the purposes of this act 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 of 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, clean water project match, drinking water projects or drinking water project match pursuant to the Federal Disaster Relief Appropriations Act.

 

     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 Allowable Loan Amount

Caldwell Borough

S340523-04-1

$664,500

$886,000

Camden County MUA

S340640-06-

2/09-2/11-2

$1,890,000

$2,520,000

Camden County MUA

S340640-14-1

$1,417,500

$1,890,000

Old Bridge MUA

S340945-08-1

$945,000

$1,260,000

Total Projects: 4

 

$4,917,000

$6,556,000

 

     (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 and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal years 2007, 2010, 2012, and 2015 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.

     (3)   The zero interest loans for the projects authorized in this subsection shall have priority over projects listed in subsection a. of section 3 of this act.

     b.    (1) The department is authorized to expend funds for the purpose of making supplemental loans to or on behalf of the project sponsors listed below for the following drinking water environmental infrastructure projects:

 

Project Sponsor

Project Number

Estimated Allowable DEP Loan Amount

 Estimated Total Allowable Loan Amount

North Jersey District Water Supply Comm.

1613001-017-1

$1,069,124

$1,425,498

Total Projects:  1

 

$1,069,124

$1,425,498

 

     (2)   The loan authorized in this subsection shall be made for the difference between the allowable loan amount required by this project based upon final building costs pursuant to section 6 of this act and the loan amount certified by the Commissioner of Environmental Protection in State fiscal year 2006 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 loan authorized in this subsection shall be made to or on behalf of the project sponsor listed, up to the individual amount 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.

     (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.

     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 25% and 75% of the total allowable loan amount.

 

     3.    a.    The following environmental infrastructure projects shall be known and may be cited as the "Storm Sandy and State Fiscal Year 2016 Clean Water Project Priority List":

 

Project Sponsor

Project Number

Estimated Allowable DEP Loan Amount

 Estimated Total Allowable Loan Amount

Camden County MUA

S340640-17

 $3,220,875

$4,294,500

Camden County MUA

S340640-15

 $6,752,250

$9,003,000

Rahway Valley SA

S340547-14

$3,532,725

$4,710,300

Camden County MUA

S340640-16

$10,237,784

$13,650,378

Warren Township SA

S340964-01

$2,346,421

$3,128,561

Newark City

S340815-22

$4,009,517

$5,346,023

Newark City

S340815-24

$15,458,625

$20,611,500

Camden City

S340366-07

$5,394,375

$7,192,500

Middlesex County UA

S340699-15

$22,990,492

$30,653,989

Camden County MUA

S340640-18

 $14,565,600

$19,420,800

Jersey City MUA

S340928-13

 $12,456,045

$16,608,060

Jersey City MUA

S340928-14

 $2,147,395

$2,863,193

Jersey City MUA

S340928-15

 $30,292,766

$40,390,354

Jersey City MUA

S340928-16

 $7,077,656

$9,436,875

Jersey City MUA

S340928-17

 $12,897,596

$17,196,795

Jersey City MUA

S340928-18

 $5,182,853

$6,910,470

Jersey City MUA

S340928-19

 $5,209,167

$6,945,556

Jersey City MUA

S340928-20

$31,974,738

$42,632,984

Elizabeth City

S340942-13

$9,294,750

$12,393,000

Elizabeth City

S340942-17

$3,984,750

$5,313,000

Elizabeth City

S340942-18

$3,471,000

$4,628,000

Elizabeth City

S340942-19

$2,766,179

$3,688,239

Kearny Town

S340259-11

$12,592,986

$16,790,648

Ocean County UA

S340372-56

$5,957,847

$7,943,796

Bayshore Regional SA

S340697-05

$45,731,788

$60,975,717

Bayshore Regional SA

S340697-06

 $8,425,007

$11,233,343

Atlantic County UA

S340809-23

$6,780,504

 $9,040,672

Atlantic County UA

S340809-25

$10,742,395

$14,323,193

Atlantic County UA

S340809-26

$10,586,249

$14,114,998

Atlantic County UA

S340809-27

$2,369,250

$3,159,000

Middletown Township SA

S340097-04

$15,620,021

$20,826,694

Hoboken City

S340635-04

$11,992,032

$15,989,376

Hoboken City

S340635-05

$3,811,619

$5,082,159

Hoboken City

S340635-06

$19,205,715

$25,607,620

North Hudson SA

S340952-19

$5,890,700

 $7,854,266

North Hudson SA

S340952-21

$2,140,833

 $2,854,444

North Hudson SA

S340952-22

$12,168,329

 $16,224,439

North Hudson SA

S340952-23

$1,245,825

 $1,661,100

North Hudson SA

S340952-24

$2,347,695

 $3,130,260

Perth Amboy City

S340435-12

$546,509

 $728,678

Perth Amboy City

S340435-11

$1,099,912

 $1,466,549

West Milford Township MUA

S340701-12

$249,968

 $333,291

Cumberland County UA

S340550-07

$783,563

 $1,044,750

Millville City

S340921-07

$8,528,389

 $11,371,185

Delran Township

S340794-08

$1,424,115

 $1,898,820

Pompton Lakes Borough MUA

S340636-08

$799,313

$1,065,750

Passaic Valley SC

S340689-22

$2,830,418

 $3,773,890

Passaic Valley SC

S340689-25

$8,367,115

 $11,156,153

Passaic Valley SC

S340689-30

$1,655,388

 $2,207,184

Passaic Valley SC

S340689-31

$2,746,847

 $3,662,462

Passaic Valley SC

S340689-32

$2,701,125

 $3,601,500

Passaic Valley SC

S340689-33

$39,074,175

 $52,098,900

Passaic Valley SC

S340689-34

$1,767,134

 $2,356,179

Northwest Bergen County UA

S340700-13

$2,389,275

 $3,185,700

Jersey City MUA

S340928-21

$8,686,913

 $11,582,550


Bergen County UA

S340386-17

$12,175,636

 $16,234,181

Gloucester City

S340958-06

$573,000

 $764,000

Cinnaminson SA

S340170-07

$6,238,890

 $8,318,520

Wanaque Valley Regional SA

S340780-04

$3,054,476

 $4,072,635

Raritan Township MUA

S340485-09

$2,061,400

 $2,748,533

Gloucester County UA

S340902-14

$33,536,475

 $44,715,300

Stafford Township

S344100-02

$4,674,095

 $6,232,127

Stafford Township

S344100-03

$2,634,424

 $3,512,565

Hammonton Town

S340927-07

$3,044,643

 $4,059,524

Hightstown Borough

S340915-05

$958,482

 $1,277,976

Ocean County

S344080-04

$709,694

 $946,258

Point Pleasant Beach Borough

S344190-02

$7,043,608

 $9,391,477

Ocean Gate Borough

S344180-01

$1,814,348

 $2,419,130

Bay Head Borough

S344120-01

$197,573

 $263,430

Kearny MUA

S340259-07

$7,023,300

 $9,364,400

Willingboro MUA

S340132-08

$1,326,600

 $1,768,800

North Wildwood City

S340663-06

$10,309,134

 $13,745,512

Cumberland County UA

S340550-08

$838,688

 $1,118,250

Princeton Borough

S340656-08

$2,918,042

 $3,890,723

Little Egg Harbor MUA

S340579-02

$1,715,929

 $2,287,905

Warren Township Sewer Authority

S340964-02

$530,792

 $707,722

Milltown Borough

S340102-03

$12,155,063

 $16,206,750

Tuckerton Borough

S340034-02

$1,610,707

 $2,147,609

Middlesex County UA

S340699-12

$69,607,125

 $92,809,500

Middlesex County UA

S340699-13

$32,204,586

 $42,939,448

Middlesex County UA

S340699-14

$13,362,596

 $17,816,795

Ocean County UA

S340372-53

$2,985,213

 $3,980,284

Ocean County UA

S340372-54

$3,581,738

 $4,775,651

Ocean County UA

S340372-57

$2,054,430

 $2,739,240

Atlantic County UA

S340809-24

$786,089

 $1,048,119

Atlantic County UA

S340809-29

$3,012,975

 $4,017,300

Cape May County MUA

S340661-22

$3,147,947

 $4,197,262

Rockaway Valley Regional SA

S340821-06

$5,660,786

 $7,547,715

Old Bridge MUA

S340945-13

$3,870,986

 $5,161,314

Gloucester Township MUA

S340364-13

$913,500

 $1,218,000

South Monmouth Regional SA

S340377-03

$7,195,869

 $9,594,492

South Monmouth Regional SA

S340377-04A

$7,195,869

 $9,594,492

South Monmouth Regional SA

S340377-05

$2,181,375

 $2,908,500

Washington Township MUA

S340930-03

$1,140,379

 $1,520,505

Egg Harbor Township MUA

S340753-04

$1,183,500

 $1,578,000

Egg Harbor Township MUA

S340753-06

$488,395

 $651,193

Ocean Township SA

S340750-11

$3,950,809

 $5,267,745

Ocean Township SA

S340750-12

$3,001,556

 $4,002,075

Burlington Township

S340712-14

$942,638

 $1,256,850

Roselle Borough

S340332-02

$2,766,881

 $3,689,175


Pine Hill MUA

S340274-05

$1,261,070

 $1,681,426

Brigantine City

S340827-04

$2,373,851

 $3,165,134

Oradell Borough

S340835-04

$1,004,850

 $1,339,800

Runnemede Borough

S340363-06

$1,193,063

 $1,590,750

Ocean Township

S340112-07

$1,848,735

 $2,464,980

Long Beach Township

S340023-06

$3,723,989

 $4,965,318

Atlantic County UA

S340809-28

$1,661,625

 $2,215,500

Atlantic City

S340439-01

$14,829,365

 $19,772,486

Atlantic City

S340439-03

$1,902,000

 $2,536,000

Secaucus Town

S340029-04

$1,849,720

 $2,466,293

Gloucester City

S340958-07

$479,250

 $639,000

Hillsborough Township

S340099-02

$1,209,867

 $1,613,156

Aberdeen Township

S340869-02

$6,591,913

 $8,789,217

Manasquan Borough

S340450-01

$3,255,558

 $4,340,744

Cranford Township

S340858-04

$2,559,375

 $3,412,500

Burlington County

S340818-07

$1,679,738

 $2,239,650

Middletown Township

S340097-01

$3,204,141

 $4,272,188

Gloucester Township

S340364-11

$1,158,311

 $1,544,415

Gloucester Township

S340364-14

$945,281

 $1,260,374

Carteret Borough

S340939-09

$6,429,750

 $8,573,000

Hammonton Town

S340927-09

$3,219,825

 $4,293,100

Ventnor City

S340667-02

$7,455,060

 $9,940,080

Ventnor City

S340667-03

$1,099,787

 $1,466,383

Brigantine City

S340827-05

$3,330,750

 $4,441,000

Brigantine City

S340827-06

$714,750

 $953,000

Brigantine City

S340827-07

$787,088

 $1,049,450

Paulsboro Borough

S340164-01

$1,927,778

 $2,570,371

Highlands Borough

S340901-03

$4,489,650

 $5,986,200

Sea Girt Borough

S340468-01

$3,430,350

 $4,573,800

Califon Borough

S340431-01

$1,247,861

 $1,663,815

Secaucus Town

S342021-01

$16,687,014

 $22,249,352

Bellmawr Borough

S342011-02

$52,251,116

 $69,668,155

Edison Township

S342020-01

$9,675,000

 $12,900,000

Kearny Town

S340259-12

$13,644,227

 $18,192,302

Kearny Town

S340259-13

$84,724,681

 $112,966,241

Carteret Borough

S340939-07

$17,614,800

 $23,486,400

Cape May County MUA

S342017-04

$5,174,035

 $6,898,713

Milltown Borough

S340102-01

$15,309,636

 $20,412,848

Milltown Borough

S340102-04

$4,087,462

 $5,449,949

Somerville Borough

S342013-01

$13,042,213

 $17,389,617

Hoboken City

S340635-07

$2,067,647

 $2,756,863

Jersey City MUA

S340928-22

$509,256

 $679,008

Montclair Township

S340837-03

$1,124,684

 $1,499,578

Newark City

S340815-25

$260,450

 $347,267

North Hudson SA

S340952-26

$548,100

 $730,800

North Hudson SA

S340952-27

$399,656

 $532,875

Orange City

S340859-02

$4,841,609

 $6,455,478

Passaic Valley SC

S340689-35

$258,775

 $345,033

Passaic Valley SC

S340689-36

$164,430

 $219,240

Perth Amboy City

S340435-13

$543,848

 $725,130

Raritan Township MUA

S340485-11

$277,169

 $369,558

Washington Township MUA

S340930-04

$738,833

 $985,110


Burlington Township

S340712-13

$425,250

 $567,000

Cliffside Park Borough

S340847-04

$3,948,525

 $5,264,700

Jackson Township

S344050-02

$786,697

 $1,048,929

Total Projects 154

 

$1,100,872,218

$1,467,829,601

 

     b.    The following environmental infrastructure projects shall be known and may be cited as the "Storm Sandy and State Fiscal Year 2016 Drinking Water Project Priority List":

 

Project Sponsor

Project Number

  Estimated Allowable DEP Loan Amount 

  Estimated Total Allowable Loan Amount 

Passaic Valley Water Commission

1605002-025

 $16,716,278

 $22,288,370

East Orange City

0705001-011

 $9,755,802

 $13,007,736

Willingboro MUA

0338001-009

 $4,655,177

 $6,206,903

Lake Glenwood Village

1922010-008

 $671,423

 $895,230

North Shore Water Assoc.

1904004-004

 $137,025

 $182,700

North Shore Water Assoc.

1904004-001

 $356,250

 $475,000

Pemberton Township

0329004-004

 $856,406

 $1,141,875

Sea Village Marina/NJ American Water Co., Inc.

0108021-002

 $901,500

 $1,202,000

Newark City

0714001-016

 $7,375,500

 $9,834,000

Bordentown City

0303001-006

 $1,096,791

 $1,462,388

Saddle Brook Township

0257001-002

 $1,644,412

 $2,192,549

Newark City

0714001-015

 $8,840,250

 $11,787,000

Newark City

0714001-017

 $1,378,125

 $1,837,500

North Jersey District Water Supply Comm.

1613001-031

 $2,764,125

 $3,685,500

North Jersey District Water Supply Comm.

1613001-032

 $2,665,283

 $3,553,710

North Jersey District Water Supply Comm.

1613001-022

 $12,576,139

 $16,768,185

North Jersey District Water Supply Comm.

1613001-025

 $5,435,010

 $7,246,680

North Jersey District Water Supply Comm.

1613001-026

 $9,606,394

 $12,808,525

North Jersey District Water Supply Comm.

1613001-027

 $1,717,758

 $2,290,344

North Jersey District Water Supply Comm.

1613001-028

 $1,397,592

 $1,863,456

North Jersey District Water Supply Comm.

1613001-029

 $2,150,190

 $2,866,920

Newark City

0714001-500

 $3,784,284

 $5,045,712

Camden City

0408001-021

 $1,248,188

 $1,664,250

Berkeley Township MUA

1505004-008

 $2,464,441

 $3,285,921

Mountain Shores POA

1414009-001

 $1,140,034

 $1,520,045

North Jersey District Water Supply Comm.

1613001-035

 $2,768,153

 $3,690,871

Camden City

0408001-022

 $945,000

 $1,260,000

Netcong Borough

1428001-007

 $2,665,117

 $3,553,489

Little Egg Harbor MUA

1516001-004

 $1,275,971

 $1,701,295

Paulsboro Borough

0814001-003

 $1,405,396

 $1,873,861

Tuckerton Borough

1532002-005

 $974,250

 $1,299,000

North Jersey District Water Supply Comm.

1613001-033

 $2,933,044

 $3,910,725

North Jersey District Water Supply Comm.

1613001-034

 $1,085,181

 $1,446,908

Middlesex Water Company

1225001-016

 $4,260,750

 $5,681,000

Stafford Township

1530004-018

 $1,736,250

 $2,315,000

Netcong Borough

1428001-008

 $753,980

 $1,005,307

Tuckerton Borough

1532002-003

 $988,500

 $1,318,000

Jersey City/Jersey City MUA

0906001-010

 $5,300,250

 $7,067,000

Jersey City/Jersey City MUA

0906001-006

 $13,503,750

 $18,005,000

Jersey City/Jersey City MUA

0906001-011

 $4,695,650

 $6,260,867

Jersey City/Jersey City MUA

0906001-012

 $12,482,250

 $16,643,000

Perth Amboy City

1216001-006

 $1,435,500

 $1,914,000

Wall Township

1352003-002

 $2,696,228

 $3,594,971

Wall Township

1352003-001

 $1,288,508

 $1,718,010

Netcong Borough

1428001-009

 $225,178

 $300,237

Rahway City

2013001-007

 $13,563,000

 $18,084,000

Berkeley Township MUA

1505004-007

 $911,925

 $1,215,900

Hightstown Borough

1104001-008

 $123,975

 $165,300

Fountainhead Properties, Inc.

1511013-001

 $541,500

 $722,000

Trenton City

1111001-010

 $16,843,275

 $22,457,700

Cape May City

0502001-004

 $1,558,332

 $2,077,776

Kearny Town

0907001-001

 $20,911,180

 $27,881,573

Jackson Township MUA

1511001-010

 $4,361,944

 $5,815,925

North Jersey District Water Supply Comm.

1613001-030

 $690,835

 $921,113

Perth Amboy City

1216001-008

 $1,293,740

 $1,724,987

Perth Amboy City

1216001-007

 $1,662,000

 $2,216,000

Gloucester City

0414001-020

 $961,125

 $1,281,500

Hammonton Town

0113001-011

 $1,335,554

 $1,780,739

Pemberton Township

0329004-006

 $467,250

 $623,000

Clementon Borough

0411001-001

 $342,563

 $456,750

Evesham MUA

0313001-001

 $1,472,250

  $1,963,000                             

Marlboro Township

1328002-002

 $9,385,500

 $12,514,000

Long Beach Township

1517001-500

 $2,707,500

 $3,610,000

Long Beach Township

1517001-501

 $1,370,250

 $1,827,000

Long Beach Township

1517001-502

 $2,404,348

 $3,205,797

Bordentown City

0303001-007

 $2,095,478

 $2,793,971

Roosevelt Borough

1341001-004

 $479,981

 $639,975

Stafford Township

1530004-019

 $1,353,750

 $1,805,000

Ocean Township

1520001-007

 $942,047

 $1,256,063

Milltown Borough

1214001-004

 $1,206,844

 $1,609,125

Milltown Borough

1212001-002

 $1,204,500

 $1,606,000

Manasquan Borough

1327001-002

 $888,551

 $1,184,734

Pemberton Township

0329004-007

 $1,882,125

 $2,509,500

Ocean Gate Borough

1521001-001

 $787,323

 $1,049,764

Milltown Borough

1212001-003

 $856,500

 $1,142,000

Middlesex Water Company

1225001-023

 $5,512,500

 $7,350,000

Perth Amboy City

1216001-500

 $2,031,000

 $2,708,000

Washington Township MUA

0818004-009

 $533,216

 $710,955

Clinton Town

1005001-006

 $2,893,500

 $3,858,000

Brielle Borough

1308001-002

 $1,840,500

 $2,454,000

Pennington Borough

1108001-001

 $858,285

 $1,144,380

Roosevelt Borough

1341001-001

 $517,500

 $690,000

North Shore Water Assoc.

1904004-002

 $321,000

 $428,000

Middlesex Water Company

1225001-024

 $2,597,175

 $3,462,900

Old Bridge MUA

1209002-011

 $2,441,250

 $3,255,000

Washington Township MUA

0818004-010

 $1,370,565

 $1,827,420

Washington Township MUA

0818004-011

 $3,470,355

 $4,627,140

Brigantine City

0103001-501

 $2,112,737

 $2,816,982

Oakland Borough

0220001-004

 $2,467,238

 $3,289,650

NJ American Water Co., Inc.-Raritan

2004002-500

 $23,625,000

 $31,500,000

Manasquan Borough

1327001-001

 $1,821,494

 $2,428,659

Hammonton Town

0113001-007

 $702,000

 $936,000

Jackson Township MUA

1511001-011

 $1,054,636

 $1,406,181

Manchester UA

1603001-014

 $1,471,995

 $1,962,660

Rahway City

2013001-008

 $2,712,938

 $3,617,250

Washington Township MUA

0818004-012

 $157,894

 $210,525

Oakland Borough

0220001-003

 $2,467,238

 $3,289,650

Pemberton Township

0329004-005

 $311,250

 $415,000

Clementon Borough

0411001-002

 $970,594

 $1,294,125

Hampton Borough

1013001-001

 $1,027,688

 $1,370,250

Little Egg Harbor MUA

1516001-003

 $3,429,000

 $4,572,000

Little Egg Harbor MUA

1516001-500

 $516,356

 $688,475

Hammonton Town

0113001-010

 $228,375

 $304,500

Pemberton Township

0329004-008

 $294,000

 $392,000

Hightstown Borough

1104001-007

 $280,901

 $374,535

Oakland Borough

0220001-002

 $2,467,238

 $3,289,650

Clinton Town

1005001-007

 $798,750

 $1,065,000

Pine Beach Borough

1522001-001

 $719,775

 $959,700

Montclair Township

0713001-008

 $1,652,250

 $2,203,000

Oakland Borough

0220001-001

 $2,467,238

 $3,289,650

Pine Beach Borough

1522001-002

 $338,310

 $451,080

Old Bridge MUA

1209002-012

 $962,250

 $1,283,000

Brielle Borough

1308001-003

 $108,222

 $144,296

Atlantic City MUA

0102001-006

 $1,501,022

 $2,001,363

Berkeley Township MUA

1505004-009

 $957,600

 $1,276,800

Hoboken City

0905001-001

 $4,386,667

 $5,848,889

Clinton Town

1005001-008

 $1,023,120

 $1,364,160

Montclair Township

0713001-011

 $2,609,909

 $3,479,879

Washington Township MUA

0818004-014

 $628,031

 $837,375

Clinton Town

1005001-009

 $827,860

 $1,103,813

Total Projects: 120

 

$350,844,850

 $467,793,124

    

     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 25% and 75% of the total allowable loan amount and loan amounts to less than 25% to the extent the priority ranking and an insufficiency of funding prevents the department from making the loan.

 

     4.    Any financing loan made by the Department of Environmental Protection pursuant to this act shall be subject to the following requirements:

     a.     The Commissioner Environmental Protection has certified that the project is in compliance with the provisions of P.L.1977, c.224, P.L.1985, c.329, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and any rules and regulations adopted pursuant thereto;

     b.    The estimated Department of Environmental Protection allowable loan amount shall not exceed 75% of the total allowable loan amount of the environmental infrastructure facility for projects listed in subsections a. and b. of section 2 of this act, and in subsections a. and b. of section 3 of this act, provided that;

     (1)  for clean water loans to municipalities that do not satisfy the New Jersey Environmental Infrastructure Trust 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.), the Department of Environmental Protection allowable loan amount shall be up to 100% of the total allowable loan amount not to exceed a total of $10,000,000 for all such loans,

     (2) for 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) the DEP allowable loan amount shall be up to 100% of the total allowable loan amount,  and

     (3) for loans to drinking water systems serving 500 or fewer residents the Department of Environmental Protection allowable loan amount shall be 100% of the total allowable loan amount not to exceed a total of $500,000 for all such loans.  The loan amount for supplemental loans shall not exceed that percentage of the allowable project cost of the project's initial program loan;

     c.     The loan shall be repaid within a period not to exceed 30 years of the making of the loan; and

     d.    The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in this act to loans made by the New Jersey Environmental Infrastructure Trust pursuant to P.L.    , c.   (pending before the Legislature as Senate Bill No. 2957 of 2015 and Assembly Bill No.  of 2015), 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.    a.  Any Sandy financing loan made by the Department of Environmental Protection pursuant to this act shall be subject to the following requirements:

     (1)   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 of 2013" (Pub.L.113-2), and any amendatory and supplementary acts thereto; and

     (2)   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.

     b.    The total amount of Sandy financing loans received by any project sponsor for drinking water projects listed in subsection b. of section 3 of this act shall not exceed $15 million of which not more than $4.5 million of the principal may be forgiven.  In the event a project sponsor's individual loan needs exceed $15 million, the borrower may select which of its projects it will seek funding pursuant to this section, and the borrower may seek a loan for excess costs in a base financing loan.  In the event that additional Sandy funding becomes available because project sponsors do not close on loans or the project sponsors loan requests are less than originally applied for, the loan not to exceed amount may be increased to the extent needed to assure full utilization of Sandy funding for drinking water projects, provided:

     (1)   the loan shall be repaid within a period not to exceed 30 years of the making of the loan;

     (2)   the loan shall be conditioned upon approval of a loan from the New Jersey Environmental Infrastructure Trust pursuant to P.L.    , c.   (pending before the Legislature as Senate Bill No.  of 2015 and Assembly Bill No.    of 2015) prior to June 30, 2016; and

     (3)   the loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in this act to loans made by the trust pursuant to P.L.    , c.   (pending before the Legislature as Senate Bill No. 2957 of 2015 and Assembly Bill No.   of 2015) prior to June 30, 2016, 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.    The priority lists and authorization for the making of loans pursuant to sections 2 and 3 of this act shall expire on July 1, 2016, and any project sponsor which has not executed and delivered a loan agreement with the department for a loan authorized in this act shall no longer be entitled to that loan.

 

     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 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 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.  

 

     8.    The expenditure of the funds appropriated by this act is subject to the provisions and conditions of P.L.1977, c.224, P.L.1985, c.329, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and the rules and regulations adopted by the Commissioner of Environmental Protection pursuant thereto, and the provisions of the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act or the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto, as appropriate.

 

     9.    The Department of Environmental Protection shall provide general technical assistance to any project sponsor requesting assistance regarding environmental infrastructure project development or applications for funds for a project.

 

     10.  a.  Prior to repayment to the Clean Water State Revolving Fund pursuant to section 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the "1992 Wastewater Treatment Fund" pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, prior to repayment to the "2003 Water Resources and Wastewater Treatment Fund" pursuant to the provisions of section 20 of P.L.2003, c.162, or prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, repayments of loans made pursuant to these acts may be utilized by the New Jersey Environmental Infrastructure Trust established pursuant to P.L.1985, c.334 (C.58:11B‑1 et seq.), as amended and supplemented by P.L.1997, c.224, under terms and conditions established by the commissioner and trust, and approved by the State Treasurer, and consistent with the provisions of P.L.1985, c.334 (C.58:11B‑1 et seq.) and federal tax, environmental or securities law, to the extent necessary to secure repayment of trust bonds issued to finance loans approved pursuant to P.L.    , c.   (pending before the Legislature as Senate Bill No. 2957 of 2015 and Assembly Bill No.   of 2015), and to secure the administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5) by the project sponsors receiving trust loans.

     b.    Prior to repayment to the Clean Water State Revolving Fund pursuant to section 1 and 2 of P.L. 2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the "1992 Wastewater Treatment Fund" pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the "2003 Water Resources and Wastewater Treatment Fund" pursuant to the provisions of section 20 of P.L.2003, c.162, or prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, the trust is further authorized to utilize repayments of loans made pursuant to P.L.1989, c.189, P.L.1990, c.99, P.L.1991, c.325, P.L.1992, c.38, P.L.1993, c.193, P.L.1994, c.106, P.L.1995, c.219, P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, P.L.2002, c.70, P.L.2003, c.158, P.L.2004, c.109, P.L.2005, c.196, P.L.2006, c.68, P.L.2007, c.139, P.L.2008, c.68, P.L.2009, c.102, P.L.2010, c.63, P.L.2011, c.93, P.L.2012, c.43, P.L.2013, c.95, P.L.2014, c.25, or P.L.    , c.     (pending before the Legislature as Senate Bill No. 2962 of 2015 and Assembly Bill No.   of 2015) 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, or P.L.    , c.   (pending before the Legislature as Senate Bill No. 2957 of 2015 and Assembly Bill No.     of 2015), and to secure the administrative fees payable to the trust under these loans pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5).

     c.     To the extent that any loan repayment sums are used to satisfy any trust bond repayment or administrative fee payment deficiencies, the trust shall repay such sums to the department for deposit into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the Drinking Water State Revolving Fund, the "2003 Water Resources and Wastewater Treatment Fund," or the "Stormwater Management and Combined Sewer Overflow Abatement Fund," as appropriate, from amounts received by or on behalf of the trust from project sponsors causing any such deficiency.               

 

     11.  The Commissioner of Environmental Protection is authorized to enter into capitalization grant agreements as may be required pursuant to the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, or the Federal Safe Drinking Water Act.

 

     12.  There is appropriated to the New Jersey Environmental Infrastructure Trust established pursuant to P.L.1985, c.334 (C.58:11B‑1 et seq.) from repayments of loans and interest deposited in any account, on or before June 30, 2016, including the "Clean Water State Revolving Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," "2003 Water Resources and Wastewater Treatment Fund," or the Drinking Water State Revolving Fund, as appropriate, and from any net earnings received from the investment and reinvestment of such deposits, such sums as the chairman of the trust shall certify to the Commissioner of Environmental Protection to be necessary and appropriate for deposit into one or more reserve funds or accounts established by the trust pursuant to section 11 of P.L.1985, c.334 (C.58:11B‑11), the Interim Financing Program Fund, or the Disaster Relief  Emergency Financing Program Fund established pursuant to section 1 of P.L.2013, c.93 (C.58:11B-9.5).

 

     13.  There is appropriated to the New Jersey Environmental Infrastructure Trust established pursuant to P.L.1985, c.334 (C.58:11B-1 et seq.), funds from the Federal Disaster Relief Appropriations Act, Pub.L.113-2, deposited in any account including the Clean Water State Revolving Fund, the "Water Supply Fund," or the Drinking Water State Revolving Fund, as appropriate, and from any net earnings received from the investment and reinvestment of such deposits, such sums as the chairman of the trust 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), the Interim Financing Program Fund, or the Disaster Relief Emergency Financing Program Fund established pursuant to section 1 of P.L.2013, c.93 (C.58:11B-9.5).

 

     14.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill appropriates certain federal and State moneys to the Department of Environmental Protection (DEP) for the purpose of implementing the State Fiscal Year 2016 New Jersey Environmental Infrastructure Financing Program (NJEIFP), which is expected to finance approximately $1.94 billion in Storm Sandy and other environmental infrastructure projects for State Fiscal Year 2016.

     The DEP, working with the New Jersey Environmental Infrastructure Trust (NJEIT), implements the NJEIFP which has completed 28 annual financing cycles and financed over 1,100 projects totaling over $6.32 billion throughout the State. The program has reduced financing costs for project sponsors by approximately 25 - 30 percent. From its inception, the program has reduced financing costs by approximately 30 percent saving borrowers over $2.22 billion.  In addition, the program has generated more than 120,800 construction jobs, and stimulated significant improvements to the State's clean water and drinking water infrastructure.

     Under the bill, for State fiscal year 2016, approximately $520 million will be available for clean water project loans and $80 million for drinking water project loans.  Funding sources 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 NJEIT.

     Of those totals, approximately $254.4 million will be available for financing Storm Sandy project loans of which approximately 19 percent of each loan will be subject to principal forgiveness. Approximately $203 million will be available for financing Storm Sandy clean water project loans of which approximately $38.6 million will be subject to principal forgiveness. Approximately $51.4 million will be available for financing Storm Sandy drinking water project loans of which approximately $9.8 million will be subject to principal forgiveness. Funding sources include the Federal Disaster Relief Appropriations Act, State match, and market rate loans made by the NJEIT.

     A portion of the Storm Sandy clean water and drinking water loans will be made available for projects that provide auxiliary power to facilities impacted by Storm Sandy in an amount not to exceed $25 million for clean water principal forgiveness loans and $10 million for drinking water principal forgiveness loans.  

     Approximately $20 million will be available for Combined Sewer Overflow Abatement (CSO) projects with a focus on green technology (e.g., green roofs, rain gardens, porous pavement, and other activities that maintain and restore natural hydrology).  Principal forgiveness will be available to the highest ranked CSO projects and will be awarded according to the DEP's ranking methodology based on projects' relative water quality benefit in conjunction with project readiness. Total principal forgiveness for each CSO Green Project sponsor will be limited to $1 million, not including projects that have not secured long-term financing in fiscal year 2015 but receive interim financing prior to June 30, 2015.

      Approximately $20 million will be available for principal forgiveness loans for environmental infrastructure projects in the Barnegat Bay Watershed to continue addressing the critical water quality issues confronting this waterbody, of which 50 percent will be subject to principal forgiveness.

      Approximately 10 percent of the State's clean water capitalization grant and 20 percent of the State's drinking water capitalization grant will be used as a green project reserve as may be required in the 2015 federal appropriation. 

      Approximately $40 million is available for loans to eligible redevelopment projects. 

      Any additional clean water principal forgiveness loans permitted in the federal appropriation will be available for CSO abatement projects and Barnegat Bay Watershed projects as described above. If drinking water principal forgiveness loans are permitted, the State is prepared to dedicate up to 30 percent of its state drinking water capitalization grant for such projects.

      Drinking water loans for improvements to water supply systems serving populations of up to 500 people will be in an amount not to exceed $500,000 wherein each loan shall consist of a 100 percent DEP principal forgiveness loan.  Unexpended funds plus up to $3.5 million will be available for systems serving populations up to 10,000 people wherein each loan shall consist of a 50 percent DEP principal forgiveness loan. The total amount of principal forgiveness may not exceed $2.25 million for the loans issued for improvements to water supply systems serving up to 10,000 people.

      Disaster Relief Emergency Financing Program loans will continue to be available for short-term financing (up to three full fiscal years) for projects to repair or improve the resiliency of environmental infrastructure systems adversely impacted by Storm Sandy. The source of funds for such loans is currently repayments of prior NJEIFP Loans and NJEIT operating funds but private bank financing for such loans may be used as the need arises. 

      Finally, Interim Financing Program (IFP) Loans will be available for projects approved to receive long-term financing. IFP loans will be available upon the DEP's issuance of an authorization to award a project's final construction contract, project certification by the DEP, and satisfaction of financial eligibility requirements. The loans will finance costs disbursed prior to long-term financing. The source of funds for such loans include prior capitalization grants, NJEIFP loan repayments, prior State bond acts, and interest earnings thereon.

     The bill appropriates to the DEP moneys from:

     (1)   the "Clean Water State Revolving Fund" established pursuant to section 1 of P.L.2009, c.77, in an amount equal to the federal fiscal year 2015 capitalization grant made available to the State pursuant to the Federal Clean Water Act for clean water project loans;

     (2)   the "Interim Financing Program Fund" created and established by the NJEIT pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9), in such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State pursuant to the Federal Clean Water Act;

     (3)   the "Drinking Water State Revolving Fund" established pursuant to section 1 of P.L.1998, c.84, in an amount equal to the federal fiscal year 2015 capitalization grant made available to the State pursuant to the Federal Safe Drinking Water Act for drinking water projects;

     (4)   the "Wastewater Treatment Fund" established pursuant to section 15 of the "Wastewater Treatment Bond Act of 1985," (P.L.1985, c.329), in amounts constituting the unappropriated balances therefrom for clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State pursuant to the Federal Clean Water Act for clean water projects; and

     (5)   the "Clean Water State Revolving Fund" established pursuant to section 1 of P.L.2009, c.77, in amounts constituting any repayments of loans and interest therefrom for clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State pursuant to the Federal Clean Water Act for clean water projects.

     The bill authorizes the DEP to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving Fund an amount up to the maximum amount authorized to be transferred pursuant to the Federal Safe Drinking Water Act to meet present and future needs for the financing of eligible drinking water projects, and appropriates an amount equal to this maximum amount to the DEP for those purposes.

     The bill further appropriates to the DEP moneys from:

     (1)   the "1992 Wastewater Treatment Fund" established pursuant to section 27 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992" (P.L.1992, c.88), in amounts constituting the unappropriated balances therefrom for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act;

     (2)   the "2003 Water Resources and Wastewater Treatment Fund" established pursuant to subsection a. of section 19 of the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003" (P.L.2003, c.162), in amounts constituting the unappropriated balances therefrom for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act;

     (3)   the "Drinking Water State Revolving Fund" in amounts constituting the unappropriated balances therefrom for the purposes of drinking water project loans; and

     (4)   the "Water Supply Fund" established pursuant to section 14 of the "Water Supply Bond Act of 1981" (P.L.1981, c.261), in such sums as may be or become available on or before June 30, 2016 as repayments of drinking water project loans therefrom for the purposes of drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     The bill authorizes the DEP to transfer from previous appropriations made from the "Water Supply Fund" any unexpended balances and any repayments of loans and interest therefrom in such amounts as needed to the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     The bill authorizes the DEP to transfer from previous appropriations made from the "1992 Wastewater Treatment Fund" any unexpended balances and any repayments of loans and interest therefrom in such amounts as needed to the Clean Water State Revolving Fund Accounts for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     The bill authorizes the DEP to transfer from an appropriation made from the "2003 Water Resources and Wastewater Treatment Fund" pursuant to P.L.2004, c.109 and P.L.2007, c.139 any unexpended balances and any repayments of loans and interest therefrom in such amounts as needed to the Clean Water State Revolving Fund Accounts for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     The bill appropriates to the DEP moneys from the sums deposited by the Trust into the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," the "2003 Water Resources and Wastewater Treatment Fund," the "Clean Water State Revolving Fund" and the "Drinking Water State Revolving Fund," as appropriate, for the purposes of clean water project loans and drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act.

     The bill appropriates to the DEP sums 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), for the purposes of CDBG-DR eligible clean water and drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and Federal Safe Drinking Water Act, respectively.

     The DEP would use the funds appropriated under this bill to make zero interest loans to local governments and privately-owned water companies (project sponsors) for between 25% and 75% of project costs totaling (1) $1.47 billion for new clean water projects included in the "Storm Sandy and State Fiscal Year 2016 Clean Water Project Priority List," and $6.56 million for clean water projects through supplemental zero interest loans to project sponsors that had previously received a loan subject to the availability of funds; and (2) $467.8 million for new drinking water projects included in the "Storm Sandy and State Fiscal Year 2016 Drinking Water Project Priority List" and $1.4 million for drinking water projects through supplemental zero interest loans to project sponsors that had previously received a loan subject to the availability of funds. The supplemental loans constitute the difference between the allowable loan amount required by the project and the loan amount certified by the Commissioner of Environmental Protection in State Fiscal Year 2016.

     A companion bill, Senate Bill No. 2957 of 2015 and Assembly Bill No.     of 2015, would authorize the NJEIT to make market rate loans to local governments and privately-owned water companies (project sponsors) for between 25% and 75% of project costs totaling (1) $1.47 billion for 154 new clean water projects included in the "Storm Sandy and State Fiscal Year 2016 Clean Water Project Priority List," and $6.56 million for four clean water projects through supplemental zero interest loans to project sponsors that had previously received a loan subject to the availability of funds; and (2) $467.8 million for 120 new drinking water projects included in the "Storm Sandy and State Fiscal Year 2016 Drinking Water Project Priority List" and $1.4 million for one drinking water project through supplemental zero interest loans to project sponsors that had previously received a loan subject to the availability of funds.

     Under this bill, in conjunction with Senate Bill No. 2957 of 2015 and Assembly Bill No.     of 2015, the Storm Sandy and State Fiscal Year 2016 New Jersey Environmental Infrastructure Financing Program would finance $1.94 billion in environmental infrastructure projects for State Fiscal Year 2016 subject to the availability of funds.

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