Bill Text: NJ S3820 | 2018-2019 | Regular Session | Amended


Bill Title: Appropriates funds to DEP for environmental infrastructure projects for FY2020.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-06-20 - Substituted by A5457 (1R) [S3820 Detail]

Download: New_Jersey-2018-S3820-Amended.html

[First Reprint]

SENATE, No. 3820

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 30, 2019

 


 

Sponsored by:

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

 

Co-Sponsored by:

Senator Corrado

 

 

 

 

SYNOPSIS

     Appropriates funds to DEP for environmental infrastructure projects for FY2020.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Environment and Energy Committee on June 6, 2019, with amendments.

  


An Act appropriating moneys to the Department of Environmental Protection for the purpose of making 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 2019 capitalization grant made available to the State for clean water project loans pursuant to the "Water Quality Act of 1987" (33 U.S.C. s.1251 et seq.), and any amendatory and supplementary acts thereto (hereinafter referred to as the "Federal Clean Water Act").

     (2)   There is appropriated to the Department of Environmental Protection from the "Interim Environmental Financing Program Fund" created and 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 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 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 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 "Drinking Water State Revolving Fund" established pursuant to section 1 of P.L.1998, c.84 an amount equal to the federal fiscal year 2019 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.

     Notwithstanding any provision of this act to the contrary, the Department of Environmental Protection is authorized to utilize funds from the Clean Water State Revolving Fund for the purposes of the Drinking Water State Revolving Fund, and may charge interest on loans made with such invested funds to the extent permitted by the Federal Clean Water Act and the Federal Safe Drinking Water Act. 

     (5)   There is appropriated to the Department of Environmental Protection the unappropriated balances from the Clean Water State Revolving Fund, including the balances from the Federal Disaster Relief Appropriations Act, and any repayments of loans and interest therefrom, for the purposes of clean water project loans and providing the State match as available on or before June 30, 2020, as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (6)   There is appropriated to the Department of Environmental Protection the unappropriated balances from the "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, 2020, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (7)   There is appropriated to the Department of Environmental Protection the unappropriated balances from the "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, 2020, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

     (8)   There is appropriated to the Department of Environmental Protection the unappropriated balances from the "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, 2020, 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.

     (9)   There is appropriated to the Department of Environmental Protection the unappropriated balances from the "Pinelands Infrastructure Trust Fund" established pursuant to section 14 of the "Pinelands Infrastructure Trust Bond Act of 1985" (P.L.1985, c.302), and any repayments of loans and interest therefrom, as available on or before June 30, 2020, 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 "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 available on or before June 30, 2020, 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 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, 2020.

     (12)    There is appropriated to the Department of Environmental Protection such sums as may be needed from loan repayments and interest earnings from the "Water Supply Fund" established pursuant to section 14 of the "Water Supply Bond Act of 1981" (P.L.1981, c.261) for the "Drinking Water State Revolving Fund Match Accounts" contained within that fund for the purpose of providing the State match as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

     (13)    There is appropriated to the Department of Environmental Protection from the "Interim Environmental Financing Program Fund" created and 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 or become available on or before June 30, 2020, 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.

     (14)    There is appropriated to the Department of Environmental Protection from the "Disaster Relief Emergency Financing Program Fund" created and 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 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.

     (15)    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, 2020, 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.

     (16)    There is appropriated to the Department of Environmental Protection such sums as may be or become available on or before June 30, 2020, 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.

     (17)   Of the sums appropriated to the Department of Environmental Protection from the "Water Supply Fund" pursuant to P.L.1999, c.174, P.L.2001, c.222, P.L.2002, c.70 and P.L.2003, c.158, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2020, 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.

     (18)   Of the sums appropriated to the Department of Environmental Protection from the "1992 Wastewater Treatment Fund" pursuant to P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222 and P.L.2002, c.70, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2020, 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.

     (19)   Of the sums appropriated to the Department of Environmental Protection from the "2003 Water Resources and Wastewater Treatment Fund" pursuant to P.L.2004, c.109, and P.L.2007, c.139, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2020, 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.

     (20)   There is appropriated to the Department of Environmental Protection the sums deposited by the New Jersey Infrastructure Bank into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," established pursuant to the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989" (P.L.1989, c.181), the "2003 Water Resources and Wastewater Treatment Fund" and the Drinking Water State Revolving Fund, as appropriate, pursuant to paragraph (6) of subsection c. of section 1 of P.L.    , c.    (pending before the Legislature as Senate Bill No. 3819 of 2019 and Assembly Bill No. 5456 of 2019), as available on or before June 30, 2020, 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 $3 million, plus any appropriated but unallocated funds designated in State fiscal year 2019 for Barnegat Bay Watershed projects, in principal forgiveness loans shall be issued to finance 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 in an amount not to exceed $2 million of principal forgiveness per project sponsor;

     (2)   a maximum of $10 million, plus any appropriated but unallocated funds designated in State fiscal year 2019 for combined sewer overflow projects, in principal forgiveness loans shall be issued as provided in subsection a. of section 3 of this act to communities in combined sewer overflow sewersheds sponsoring construction projects that reduce or eliminate discharges from combined sewer overflow outfalls, wherein principal forgiveness loans shall not exceed $1 million per borrower subject to the availability of funds, and wherein 50 percent of the principal of the fund loan shall be forgiven, 25 percent of the loan shall be a zero interest rate fund loan, and 25 percent of the loan shall be a trust market rate loan.  For project costs greater than $2 million up to and including $10 million, 75 percent of the loan shall be a zero interest rate fund loan and 25 percent of the loan shall be a trust market rate loan.  For project costs greater than $10 million, 50 percent of the loan shall be a zero interest rate fund loan and 50 percent of the loan shall be a trust market rate loan; 

     (3)   a maximum of $12 million, plus any appropriated but unallocated funds designated in State fiscal year 2019 for combined sewer overflow projects, in principal forgiveness loans shall be issued as provided in subsection a. of section 3 of this act for combined sewer overflow abatement projects that treat stormwater runoff through infiltration into subsoil or filtration by vegetation or soil, or store stormwater runoff for later reuse, wherein principal forgiveness loans shall not exceed $3 million per borrower subject to the availability of funds, and wherein 50 percent of the principal of the fund loan shall be forgiven, 25 percent of the loan shall be a zero interest rate fund loan, and 25 percent of the loan shall be a trust market rate loan subject to the availability of funds.  For project costs greater than $6 million up to and including $10 million, 75 percent of the loan shall be a zero interest rate fund loan and 25 percent of the loan shall be a trust market rate loan.  For project costs greater than $10 million, 50 percent of the loan shall be a zero interest rate fund loan and 50 percent of the loan shall be a trust market rate loan;

     (4)   to the extent funds are available, a maximum of $1.5 million in principal forgiveness loans shall be issued to finance clean water environmental infrastructure projects as provided in subsection a. of section 3 of this act for systems serving populations of up to 10,000 residents for the development of asset management plans wherein principal forgiveness shall be 100 percent of the fund loan amount per project in an amount not to exceed $100,000 per project sponsor subject to the availability of funds; and

     (5)   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.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, are granted continued priority status and shall be subject to the provisions of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, provided such projects receive short-term funding prior to June 30, 2019.

      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 30 percent of the 2019 Drinking Water State Revolving Fund capitalization grant not to exceed $5 million may be issued as provided in subsection b. of section 3 of this act for drinking water systems, as follows:

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

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

     (b)   a maximum of $1.5 million in principal forgiveness loans shall be issued to drinking water systems serving populations of up to 10,000 residents for the development of asset management plans wherein principal forgiveness shall be 100 percent of the fund loan amount per project in an amount not to exceed $100,000 per project sponsor subject to the availability of funds; and

     (c)   a maximum of $30 million of principal forgiveness for drinking water systems serving communities with a weighted median household income less than the median household income for the county in which they are located for lead line replacement wherein principal forgiveness shall not exceed 90 percent of the total fund loan amount of: $1 million per water system for systems serving populations of less than 10,000, $5 million per water system for systems serving populations of between 10,000 and 100,000, and $10 million per water system for systems serving populations greater than 100,000.

     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 a. of section 3 of this act and subsection b. of section 3 of this act that were previously identified in P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, are granted continued priority status and shall be subject to the provisions of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, provided such projects receive short-term funding prior to June 30, 2019.

     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, 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, and sections 1 and 2 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, including amounts resulting from the low bid and final building cost reductions authorized pursuant to section 6 of P.L.1987, c.200, section 7 of P.L.1988, c.133, section 6 of P.L.1989, c.189, section 6 of P.L.1990, c.99, section 6 of P.L.1991, c.325, section 6 of P.L.1992, c.38, section 6 of P.L.1993, c.193, section 6 of P.L.1994, c.106, section 6 of P.L.1995, c.219, section 6 of P.L.1996, c.85, section 6 of P.L.1997, c.221, section 7 of P.L.1998, c.84, section 6 of P.L.1999, c.174, section 6 of P.L.2000, c.92, section 6 of P.L.2001, c.222, section 6 of P.L.2002, c.70, section 6 of P.L.2003, c.158, section 6 of P.L.2004, c.109, section 6 of P.L.2005, c.196, section 6 of P.L.2006, c.68, section 6 of P.L.2007, c.139, section 6 of P.L.2008, c.68, section 7 of P.L.2009, c.102, section 6 of P.L.2010, c.63, section 6 of P.L.2011, c.93, section 6 of P.L.2012, c.43, section 6 of P.L.2013, c.95, section 7 of P.L.2014, c.25, section 7 of P.L.2015, c.108, section 7 of P.L.2016, c.32, as amended by P.L.2017, c.14, section 7 of P.L.2017, c.143 as amended by P.L.2017, c.326, section 7 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, and 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 2018 and State fiscal year 2019 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, 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 a maximum of $300 million shall be provided for Sandy financing loans for clean water projects to provide financial assistance to communities affected by the Storm Sandy, and for projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster.

     f.     For the purposes of this act:

     "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 or clean 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

North Hudson SA

S340952-19-1

$525,000

$700,000

Total projects: 1

 

$ 525,000

$ 700,000

 

     (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 year 2017 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.    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 percent and 75 percent of the total allowable loan amount, and loan amounts to less than 25 percent to the extent the priority ranking or an insufficiency of funding prevents the department from making the loan.

 

     3.    a.   The following environmental infrastructure projects shall be known and may be cited as the "Storm Sandy and State Fiscal Year 2020 Clean Water Project Eligibility List":

 

Project Sponsor

Project Number

Estimated Allowable DEP Loan Amount

Estimated Total Loan Amount

Camden County MUA

S340640-17

$2,625,000

$3,500,000

Rahway Valley SA

S340547-14

$7,125,000

$9,500,000

Rahway Valley SA

S340547-15

$1,941,389

$2,588,518

Elizabeth City

S340942-19

$5,775,000

$7,700,000

North Bergen MUA

S340652-14

$17,250,000

$23,000,000

Jersey City MUA

S340928-20

$5,400,000

$7,200,000

Bayshore RSA

S340697-06

$11,325,000

$15,100,000

Ocean County UA

S340372-59

$5,715,000

$7,620,000

Hoboken City

S340635-07

$3,750,000

$5,000,000

Perth Amboy City

S340435-13

$637,500

$850,000

Jersey City

S340928-30

$2,033,250

$2,711,000

North Hudson SA

S340952-22

$13,500,000

$18,000,000

North Hudson SA

S340952-23

$2,325,000

$3,100,000

Riverside SA

S340490-01

$630,000

$840,000

Perth Amboy City

S340435-11

$4,844,513

$6,459,351

Passaic Valley SC

S340689-39

$3,612,000

$4,816,000

Passaic Valley SC

S340689-30

$2,775,000

$3,700,000

Passaic Valley SC

S340689-31

$3,000,000

$4,000,000

Passaic Valley SC

S340689-32

$7,500,000

$10,000,000

Northwest Bergen County UA

S340700-16

$3,675,000

$4,900,000

Jersey City MUA

S340928-28

$2,025,000

$2,700,000

Jersey City MUA

S340928-31

$8,294,700

$11,059,600

Gloucester City

S340958-08

$1,575,000

$2,100,000

Roxbury Township

S340381-07

$5,625,000

$7,500,000

Raritan Township MUA

S340485-12

$3,675,000

$4,900,000

Stafford Township

S344100-03

$4,200,000

$5,600,000

Stony Brook RSA

S340400-10

$4,275,000

$5,700,000

Ocean County

S344080-09

$975,000

$1,300,000

Little Egg Harbor Township

S344060-02

$3,187,500

$4,250,000

Ocean County

S344080-10

$187,500

$250,000

Ocean County

S344080-11

$262,500

$350,000

Rockaway Valley RSA

S340821-07

$6,150,000

$8,200,000

Point Pleasant Beach Borough

S344190-02

$2,250,000

$3,000,000

Lakewood Township MUA

S340465-03

$1,080,000

$1,440,000

Kearny MUA

S340259-07

$4,875,000

$6,500,000

Tuckerton Borough

S340034-03

$1,053,905

$1,405,206

Montclair Township

S340837-04

$1,275,000

$1,700,000

Middlesex County UA

S340699-13

$30,000,000

$40,000,000

Atlantic County UA

S340809-24

$375,000

$500,000

Rockaway Valley RSA

S340821-06

$6,000,000

$8,000,000

Toms River MUA

S340145-06

$565,650

$754,200

Brick Township MUA

S340448-11

$3,958,723

$5,278,297

Northwest Bergen County UA

S340700-15

$5,250,000

$7,000,000

Northwest Bergen County UA

S340700-18

$1,500,000

$2,000,000

Western Monmouth UA

S340128-05

$5,850,000

$7,800,000

Old Bridge MUA

S340945-14

$2,467,500

$3,290,000

Franklin Township SA

S340839-07

$1,875,000

$2,500,000

Montclair Township

S340837-03

$1,275,000

$1,700,000

Ocean Township SA

S340750-13

$412,500

$550,000

Ocean Township SA

S340750-14

$1,875,000

$2,500,000

Ocean Township SA

S340750-12

$3,075,000

$4,100,000

Ocean County UA

S340372-58

$3,323,250

$4,431,000

Burlington Township

S340712-16

$720,000

$960,000

West Deptford Township

S340947-05

$1,061,250

$1,415,000

Middlesex Borough

S340698-02

$1,926,563

$2,568,750

Glen Ridge Borough

S340861-03

$334,386

$445,848

Glen Ridge Borough

S340861-04

$1,392,109

$1,856,145

Bradley Beach Borough

S340472-01

$2,025,000

$2,700,000

Long Beach Township

S340023-07

$3,450,000

$4,600,000

Ship Bottom Borough

S340311-03

$3,525,000

$4,700,000

Atlantic County UA

S340809-28

$3,075,000

$4,100,000

Somerset Raritan Valley SA

S340801-08

$12,375,000

$16,500,000

Aberdeen Township

S340869-02

$6,750,000

$9,000,000

Gloucester Township

S340364-15

$1,087,500

$1,450,000

Paulsboro Borough

S340164-01

$2,062,500

$2,750,000

Bradley Beach Borough

S340472-02

$1,942,538

$2,590,050

Perth Amboy City

S340435-18

$1,327,500

$1,770,000

Manchester Township

S340650-08

$2,250,000

$3,000,000

Point Pleasant Beach Borough

S340479-04

$1,447,500

$1,930,000

Allentown Borough

S340567-06

$498,704

$664,938

Gloucester County IA

S342016-03

$10,419,930

$13,893,240

Somerville Borough

S342013-01

$8,625,000

$11,500,000

Total Projects: 72

 

$290,502,860

$387,337,143

 

     b.    The following environmental infrastructure projects shall be known and may be cited as the "State Fiscal Year 2020 Drinking Water Project Eligibility List":

 

Project Sponsor

Project Number

Estimated Allowable DEP Loan Amount

Estimated Total Loan Amount

Newark City

0714001-019

$9,131,250

$12,175,000

NJ American Water Co., Inc.

1345001-017

$7,575,000

$10,100,000

Newark City

0714001-016

$10,500,000

$14,000,000

North Jersey District Water Supply Comm.

1613001-022

$12,750,000

$17,000,000

North Jersey District Water Supply Comm.

1613001-025

$18,000,000

$24,000,000

Newark City

0714001-018

$3,862,500

$5,150,000

Lakehurst Borough

1513001-002

$813,475

$1,084,633

Netcong Borough

1428001-007

$2,775,000

$3,700,000

Manchester Township

1518005-002

$4,125,000

$5,500,000

Lower Township MUA

0505002-003

$5,192,555

$6,923,406

Paulsboro Borough

0814001-003

$2,100,000

$2,800,000

North Jersey District Water Supply Comm.

1613001-033

$3,075,000

$4,100,000

Netcong Borough

1428001-008

$825,000

$1,100,000

Middlesex Water Co.

1225001-028

$8,400,000

$11,200,000

Wall Township

1352003-001

$1,350,000

$1,800,000

Wall Township

1352003-002

$2,775,000

$3,700,000

Clinton Town

1005001-010

$1,086,140

$1,448,187

Clinton Town

1005001-011

$949,355

$1,265,807

Netcong Borough

1428001-009

$300,000

$400,000

Jackson Township MUA

1511001-013

$15,000,000

$20,000,000

Berkeley Township MUA

1505004-009

$1,650,000

$2,200,000

Jersey City MUA

0906001-015

$2,691,950

$3,589,266

Hoboken City

0905001-001

$6,375,000

$8,500,000

Jackson Township MUA

1511001-010

$6,150,000

$8,200,000

Bellmawr Borough

0404001-006

$1,725,000

$2,300,000

Gloucester City

0414001-022

$900,000

$1,200,000

Ship Bottom Borough

1528001-002

$2,812,500

$3,750,000

Tuckerton Borough

1532002-006

$1,102,613

$1,470,150

Long Beach Township

1517001-501

$1,725,000

$2,300,000

Long Beach Township

1517001-502

$8,625,000

$11,500,000

Moorestown Township

0322001-002

$10,500,000

$14,000,000

Brick Township MUA

1506001-009

$4,446,570

$5,928,760

Brick Township MUA

1506001-010

$870,000

$1,160,000

Stafford Township

1530004-019

$1,425,000

$1,900,000

National Park Borough

0812001-004

$1,275,000

$1,700,000

Long Beach Township

1517001-015

$3,119,401

$4,159,201

Old Bridge MUA

1209002-013

$3,000,000

$4,000,000

Aberdeen Township

1330004-001

$2,925,000

$3,900,000

Milltown Borough

1212001-005

$1,350,000

$1,800,000

Hightstown Borough

1104001-010

$1,331,759

$1,775,678

NJ American Water Co., Inc.

2004002-013

$12,000,000

$16,000,000

Jackson Township MUA

1511001-012

$8,250,000

$11,000,000

Brick Township MUA

1506001-012

$4,065,000

$5,420,000

Hampton Borough

1013001-001

$1,350,000

$1,800,000

Total Projects: 44

 

$200,250,068

$267,000,088

 

     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 percent and 75 percent of the total allowable loan amount and loan amounts to less than 25 percent to the extent the priority ranking or 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.    A loan for an environmental infrastructure project listed in section 2 or 3 of this act shall be subject to the terms and conditions of the financing program year in which the trust issued an interim financing program fund loan for such project or the terms and conditions of the State fiscal year 2020 financing program in the absence of an interim financing program fund loan.

     c.     The estimated Department of Environmental Protection allowable loan amount shall not exceed 75 percent 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 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, the Department of Environmental Protection allowable loan amount shall be up to 100 percent of the total allowable loan amount not to exceed a total of $10 million 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 Department of Environmental Protection allowable loan amount shall be up to 100 percent of the total allowable loan amount; and

     (3)   for loans to communities for lead service line replacement, the Department of Environmental Protection allowable loan amount shall be up to 100 percent of the total allowable loan amount. 

     d.    With the exception of paragraphs (1) and (2) of 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.   , c.   ,  (pending before the Legislature as Senate Bill No. 3819 of 2019 and Assembly Bill No. 5456 of 2019), prior to June 30, 2020; 

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

     f.     The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in this act to loans made by the New Jersey Infrastructure Bank pursuant to P.L.   , c.     (pending before the Legislature as Senate Bill No. 3819 of 2019 and Assembly Bill No. 5456 of 2019), 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.    Any Sandy financing loan made by the Department of Environmental Protection pursuant to this act 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 of 2013" (Pub.L.113-2), and any amendatory and supplementary acts thereto;

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

     c.     The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in this act to loans made by the trust pursuant to P.L.   , c.     (pending before the Legislature as Senate Bill No. 3819 of 2019 and Assembly Bill No. 5456 of 2019) prior to June 30, 2020, or to administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5).

 

     6.    The eligibility lists and authorization for the making of loans pursuant to sections 2 and 3 of this act shall expire on July 1, 2020, 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.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 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 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, 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 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, 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. 3819 of 2019 and Assembly Bill No. 5456 of 2019), 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, 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 and P.L.2019, c.12, or P.L.   , c.     (pending before the Legislature as this bill), to secure repayment of trust bonds issued to finance loans approved pursuant to P.L.1995, c.218, P.L.1996, c.87, P.L.1997, c.222, P.L.1998, c.85, P.L.1999, c.173, P.L.2000, c.93, P.L.2001, c.224, P.L.2002, c.71, P.L.2003, c.159, P.L.2004, c.110, P.L.2005, c.197, P.L.2006, c.67, P.L.2007, c.140, P.L.2008, c.67, P.L.2009, c.101, P.L.2010, c.62, P.L.2011, c.95, P.L.2012, c.38, P.L.2013, c.94, P.L.2014, c.26, P.L.2015, c.107, P.L.2016, c.31, P.L.2017, c.142, as amended by P.L.2017, c.327, P.L.2018, c.84 as amended by P.L.2019, c.30, or P.L.   , c.     (pending before the Legislature as Senate Bill No. 3819 of 2019 and Assembly Bill No. 5456 of 2019), 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 Infrastructure Bank 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, 1[2019]  20201 , 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," the "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).

 

     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, 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).

 

     14.  This act shall take effect immediately.

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