[First Reprint]

SENATE, No. 2817

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED MAY 20, 2013

 


 

Sponsored by:

Senator  JIM WHELAN

District 2 (Atlantic)

Senator  KEVIN J. O'TOOLE

District 40 (Bergen, Essex, Morris and Passaic)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblyman  NELSON T. ALBANO

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  TROY SINGLETON

District 7 (Burlington)

Assemblyman  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

 

Co-Sponsored by:

Senators Greenstein, Allen, Gordon, Kyrillos, Rice, Ruiz, Assemblymen Coughlin, A.M.Bucco, C.J.Brown, Webber, O'Scanlon, Assemblywoman Angelini, Assemblymen Amodeo, Rible, Rumana, Rudder, Dancer, Assemblywoman Handlin, Assemblyman Space, Assemblywomen Casagrande, Gove, N.Munoz, Assemblyman Bramnick, Assemblywoman Simon, Assemblymen McGuckin, Wolfe, Assemblywoman B.DeCroce, Assemblymen Ciattarelli, C.A.Brown, Rumpf, Assemblywoman Schepisi, Assemblymen Schroeder, Carroll, Clifton, S.Kean, Assemblywoman McHose, Assemblymen Russo, Peterson and DiMaio

 

 

 

SYNOPSIS

     Appropriates funds to DEP for environmental infrastructure projects for FY2014.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Environment and Energy Committee on June 3, 2013, with amendments.

  


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 2013 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 Drinking Water State Revolving Fund established pursuant to section 1 of P.L.1998, c.84 an amount equal to the federal fiscal year 2013 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 said 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 said maximum amount is hereby appropriated to the department for those purposes.

     (4)   There is appropriated to the Department of Environmental Protection the unappropriated balances from the “Clean Water State Revolving Fund” 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, 2014, 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 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, 2014, 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 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, 2014, 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 “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, 2014, 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 Drinking Water State Revolving Fund 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, 2014.

     (9)   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" for the "Drinking Water State Revolving Fund (DWSRF) Match Accounts" contained within such 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.

     (10) 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, 2014, 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.

     (11) There is appropriated to the Department of Environmental Protection such sums as may be or become available on or before June 30, 2014, 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.

     (12) 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, 2014, 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.

     (13) 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, 2014, 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.

     (14) 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, 2014, 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.

     (15) 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," 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. 128161 of 2013 and Assembly Bill No. 141841 of 2013), as available on or before June 30, 2014, 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 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, provided:

     (1)   a maximum of $10 million shall be issued to Barnegat Bay Watershed environmental infrastructure projects as provided in subsection a. of section 3 of this act, addressing projects in the priority stated to the extent there are sufficient eligible project applications, wherein principal forgiveness shall be a minimum of 25 percent of the fund loan amount per project sponsor.

     The $10 million shall be made available for the highest ranked projects in ranked order and shall consist of at least 25 percent principal forgiveness loans for the highest ranked projects, 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 6 of this act;

     (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,  addressing projects in the priority stated to the extent there are sufficient eligible project applications; and

     (3)   a maximum of $10 million shall be issued as provided in subsection a. of section 3 of this act, addressing combined sewer overflow abatement projects that use practices that restore natural hydrology through infiltration, evapotranspiration, or the usage or harvesting of stormwater, in the priority stated to the extent there are sufficient eligible project applications.

     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 2013 Drinking Water State Revolving Fund capitalization grant may be issued to projects in subsection b. of section 3 of this act addressing green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities allocated to projects in the priority stated 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; and

     (2)   a maximum of 15 percent of the 2013 Drinking Water State Revolving Fund loans shall be issued to projects as principal forgiveness financing loans to projects for drinking water systems serving populations of less than 10,000, wherein each borrower shall not receive principal forgiveness in excess of $1 million and principal forgiveness shall not exceed 50 percent of the estimated total loan amount per project sponsor and allocated to projects in subsection b. of section 3 of this act in the priority stated.  Drinking water systems serving fewer than 500 residents shall be given the highest priority, followed by systems serving between 501 and 3,300 residents, and systems serving between 3,301 to less than 10,000 residents.    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 6 of this act.

     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, and sections 1 and 2 of P.L.2012, c.43, 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, and section 6 of P.L.2012, c.43, 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 2014 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.

 

     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

Newark City

S340815-05-1

$7,587,750

$10,117,000

Passaic Valley SC

S340689-03-1

$14,485,500

$19,314,000

Passaic Valley SC

S340689-10-1

$10,015,500

$13,354,000

Northwest Bergen County UA

S340700-09-1

$3,786,000

$5,048,000

Ocean Township

S340112-03-1

$339,000

$452,000

Total

5 Projects

$36,213,750

$48,285,000

 

     (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 6 of this act and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal years 2006, 2007, 2011, and 2013 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 or section 5 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

Boonton Town

1401001-002-1

$1,370,250

$1,827,000

Ocean Gate Borough

1521001-001-1

$59,250

$79,000

Total

2 Projects

$1,429,500

1[$1,906,600]  $1,906,0001

 

     (2)   The loans authorized in this subsection shall be made for the difference between the allowable loan amounts require by these projects based upon final building costs pursuant to section 6 of this act and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal years 2011 and 2012, and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 5 of P.L.1981, c.261.  The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4 or section 5 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 "State Fiscal Year 2014 Clean Water Project Priority List":

 

Project Sponsor

Project

Number

Estimated Allowable DEP Loan Amount

Estimated Total Allowable Loan

Amount

Camden County MUA

S340640-14

$4,040,250

$5,387,000

Newark City

S340815-21

$7,794,750

$10,393,000

Newark City

S340815-22

$3,636,750

$4,849,000

Camden City

S340366-09

$8,366,250

$11,155,000

Elizabeth City

S340942-13

$8,851,500

$11,802,000

Jersey City MUA

S340928-11

$3,345,000

$4,460,000

Jersey City MUA

S340928-12

$6,948,750

$9,265,000

Jersey City MUA

S340928-13

$11,298,000

$15,064,000

Jersey City MUA

S340928-14

$1,947,750

$2,597,000

North Bergen MUA

S340652-13

$4,945,500

$6,594,000

North Hudson SA

S340952-19

$3,786,000

$5,048,000

Perth Amboy City

S340435-10

$1,835,250

$2,447,000

Hackensack City

S340923-10

$3,024,000

$4,032,000

Millville City

S340921-07

$7,735,500

$10,314,000

Warren County MUA

S340454-04

$12,586,500

$16,782,000

Delran Township

S340794-07

$1,672,500

$2,230,000

Phillipsburg Town

S340874-05

$6,150,750

$8,201,000

Ewing Lawrence SA

S340391-10

$20,124,000

$26,832,000

Hanover SA

S340388-05

$7,587,000

$10,116,000

Gloucester City

S340958-05

$1,217,250

$1,623,000

Passaic Valley SC

S340689-20

$3,596,250

$4,795,000

Evesham MUA

S340838-04

$1,938,750

$2,585,000

Evesham MUA

S340838-05

$2,742,750

$3,657,000

Raritan Township MUA

S340485-09

$1,869,750

$2,493,000

Ocean County

S344080-03

$378,000

$504,000

Long Hill Township

S340404-08

$1,921,500

$2,562,000

Bergen County UA

S340386-11

$12,575,250

$16,767,000

Bergen County UA

S340386-12

$15,072,000

$20,096,000

Willingboro MUA

S340132-04

$2,874,750

$3,833,000

Passaic Valley SC

S340689-21

$882,000

$1,176,000

Ocean County

S344080-05

$1,965,750

$2,621,000

Maple Shade Township

S340710-08

$1,496,250

$1,995,000

Long Beach Township

S344170-02

$571,500

$762,000

Ocean Gate Borough

S344180-01

$1,210,500

$1,614,000

Princeton Borough

S340656-08

$2,646,750

$3,529,000

Wildwood Crest Borough

S340719-03

$6,975,000

$9,300,000

Willingboro MUA

S340132-05

$980,250

$1,307,000

Milltown Borough

S340102-03

$11,025,000

$14,700,000

Ocean Township

S340112-04

$295,500

$394,000

Atlantic Highlands-Highlands Regional SA

S340857-03

$2,355,000

$3,140,000

Hammonton Town

S340927-05

$4,097,250

$5,463,000

Middlesex County UA

S340699-10

$7,698,750

$10,265,000

Rockaway Valley Regional SA

S340821-06

$5,134,500

$6,846,000

Toms River MUA

S340145-03

$1,981,500

$2,642,000

Toms River MUA

S340145-04

$2,505,000

$3,340,000

Western Monmouth UA

S340128-04

$4,116,750

$5,489,000

Egg Harbor Township MUA

S340753-04

$1,126,500

$1,502,000

Ocean Township SA

S340750-11

$3,583,500

$4,778,000

Raritan Township MUA

S340485-10

$1,139,250

$1,519,000

Long Hill Township

S340404-06

$1,142,250

$1,523,000

Hamilton Township MUA

S340903-04

$714,750

$953,000

Burlington Township

S340712-11

$827,250

$1,103,000

Bellmawr Borough

S340337-03

$487,500

$650,000

Oradell Borough

S340835-01

$959,250

$1,279,000

Oradell Borough

S340835-03

$2,389,500

$3,186,000

Long Beach Township

S340023-05

$2,775,750

$3,701,000

National Park Borough

S340419-01

$1,285,500

$1,714,000

Ocean Gate Borough

S340151-01

$435,750

$581,000

Point Pleasant Borough

S340428-01

$1,596,750

$2,129,000

Ocean County UA

S340372-48

$13,863,000

$18,484,000

Palmyra Borough

S340030-04

$2,661,750

$3,549,000

Secaucus Town

S340029-04

$1,677,750

$2,237,000

Watchung Borough

S340823-02

$982,500

$1,310,000

Chatham Township

S340403-07

$5,328,000

$7,104,000

Harrison Township

S340362-06

$14,439,000

$19,252,000

Wildwood Crest Borough

S340719-04

$2,997,750

$3,997,000

Burlington County

S340818-06

$2,721,750

$3,629,000

Middletown Township

S340097-01

$2,906,250

$3,875,000

Gloucester Township

S340364-10

$1,750,500

$2,334,000

NJ Water Supply Authority

S340421-01

$23,328,000

$31,104,000

Old Bridge Township

S340945-12

$7,879,500

$10,506,000

Fanwood Borough

S340429-01

$1,698,000

$2,264,000

Highlands Borough

S340901-03

$3,379,500

$4,506,000

Bellmawr Borough

S342011-02

$7,365,750

$9,821,000

Edison Township

S342020-01

$9,213,750

$12,285,000

Carteret Borough

S340939-07

$10,424,250

$13,899,000

Burlington Township

S340712-12

$315,750

$421,000

Gloucester City

S340958-06

$456,000

$608,000

Gloucester City

S340958-07

$456,000

$608,000

Passaic Valley SC

S340689-22

$1,887,000

$2,516,000

Pine Hill MUA

S340274-04

$582,750

$777,000

Secaucus Town/Hudson County Improv. Authority

S342021-01

$13,875,750

$18,501,000

South Monmouth Regional SA

S340377-03

$6,347,250

$8,463,000

Stafford Township

S344100-02

$742,500

$990,000

Stafford Township

S344100-03

$2,389,500

$3,186,000

Total

85 Projects

$383,932,500

$511,910,000

 

     b.    The following environmental infrastructure projects shall be known and may be cited as the "State Fiscal Year 2014 Drinking Water Project Priority List":

 

Project Sponsor

Project

Number

Estimated DEP Loan Amount

Estimated Total Allowable Loan Amount

North Shore Water Association

1904004-004

$115,500

$154,000

Hammonton Town

0113001-006

$2,060,250

$2,747,000

Newfield Borough

0813001-001

$789,750

$1,053,000

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

0108021-002

$858,000

$1,144,000

NJ American Water Co., Inc.

1707001-005

$11,219,250

$14,959,000

Newark City

0714001-016

$7,023,750

$9,365,000

Newark City

0714001-015

$8,418,750

$11,225,000

Newark City

0714001-017

$1,109,250

$1,479,000

Willingboro MUA

0338001-005

$1,042,500

$1,390,000

Milford Borough

1020001-003

$326,250

$435,000

Wildwood City

0514001-002

$1,992,750

$2,657,000

Willingboro MUA

0338001-006

$549,750

$733,000

Mountain Shores Prop. Owners Assoc.

1414009-001

$647,250

$863,000

Camden City

0408001-018

$4,197,750

$5,597,000

Willingboro MUA

0338001-004

$587,250

$783,000

Long Beach Township

1517001-014

$2,457,750

$3,277,000

Vineland City

0614003-011

$2,362,500

$3,150,000

Manchester  UA

1603001-012

$2,112,750

$2,817,000

Manchester  UA

1603001-006

$2,112,750

$2,817,000

Willingboro MUA

0338001-007

$546,000

$728,000

Bellmawr Borough

0404001-005

$451,500

$602,000

Jersey City MUA

0906001-006

$12,860,250

$17,147,000

Hammonton Town

0113001-009

$804,750

$1,073,000

Hammonton Town

0113001-008

$447,750

$597,000

Pemberton Township

0329004-006

$444,750

$593,000

Berkeley Township MUA

1505004-007

$868,500

$1,158,000

Fountainhead Prop. Inc.

1511013-001

$515,250

$687,000

Trenton City

1111001-008

$18,726,750

$24,969,000

Pemberton Township

0329004-007

$1,792,500

$2,390,000

Berkeley Township MUA

1505004-006

$1,653,750

$2,205,000

Evesham MUA

0313001-001

$1,401,750

$1,869,000

Marlboro Township

1328002-002

$8,938,500

$11,918,000

Roosevelt Borough

1341001-004

$402,750

$537,000

Ocean Township

1520001-005

$531,750

$709,000

Middlesex Water Company

1225001-015

$3,150,000

$4,200,000

Hamilton Township MUA

0112001-003

$2,027,250

$2,703,000

Fountainhead Prop. Inc.

1511013-002

$515,250

$687,000

Manchester  UA

1603001-013

$2,112,750

$2,817,000

Old Bridge MUA

1209002-010

$1,049,250

$1,399,000

Merchantville -Pennsauken Water Comm.

0424001-007

$2,678,000

$2,009,000

Clinton Town

1005001-005

$1,393,500

$1,858,000

Clayton Borough

0801001-002

$3,000,750

$4,001,000

Stanhope Borough

1919001-001

$1,419,000

$1,892,000

Roosevelt Borough

1341001-001

$492,750

$657,000

North Shore Water Association

1904004-002

$305,250

$407,000

Gloucester City

0414001-016

$726,750

$969,000

Hammonton Town

0113001-007

$668,250

$891,000

Matawan Borough

1329001-005

$740,250

$987,000

Clayton Borough

0801001-001

$3,000,750

$4,001,000

Old Bridge MUA

1209002-007

$4,780,500

$6,374,000

Pemberton Township

0329004-005

$296,250

$395,000

Brielle Borough

1308001-001

$2,646,750

$3,529,000

Stanhope Borough

1919001-002

$233,250

$311,000

Milford Borough

1020001-004

$195,750

$261,000

Independence MUA

2112001-001

$196,500

$262,000

Hammonton Town

0113001-010

$168,750

$225,000

Pemberton Township

0329004-008

$279,750

$373,000

Hampton Borough

1013001-001

$358,500

$478,000

Newfield Borough

0813001-002

$36,000

$48,000

Fountainhead Prop. Inc.

1511013-004

$515,250

$687,000

Fountainhead Prop. Inc.

1511013-003

$515,250

$687,000

Pine Beach Borough

1522001-001

$685,500

$914,000

Montclair Township

0713001-008

$1,573,500

$2,098,000

Pine Beach Borough

1522001-002

$342,750

$457,000

North Jersey District Water Supply Comm.

1613001-022

$10,771,500

$14,362,000

North Jersey District Water Supply Comm.

1613001-025

$4,709,250

$6,279,000

North Jersey District Water Supply Comm.

1613001-026

$7,200,750

$9,601,000

North Jersey District Water Supply Comm.

1613001-027

$1,496,250

$1,995,000

North Jersey District Water Supply Comm.

1613001-028

$1,216,500

$1,622,000

North Jersey District Water Supply Comm.

1613001-029

$1,866,750

$2,489,000

Gloucester City

0414001-017

$899,250

$1,199,000

Pine Hill MUA

0428002-002

$363,000

$484,000

Bloomingdale Borough

1601001-004

$776,250

$1,035,000

North Jersey District Water Supply Comm.

1613001-030

$587,250

$783,000

Total

1[73] 741 Projects

1[$163,683,000 $166,361,0001

1[$218,244,000]

$220, 253,0001

 

     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.

 

     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.  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 23 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 trust pursuant to P.L.    , c.   (pending before the Legislature as Senate Bill No. 128161  of 2013 and Assembly Bill No. 141841 of 2013), 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.    The priority lists and authorization for the making of loans pursuant to sections 2 and 3 of this act shall expire on July 1, 2014, 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.

 

     6.    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 original loan amount.

 

     7.    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 Clean Water Act or the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto, as appropriate.

 

     8.    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.

 

     9.    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. 128161 of 2013 and Assembly Bill No. 141841 of 2013), 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, or P.L.   , c.     (pending before the Legislature as Senate Bill No. 128171 of 2013 and Assembly Bill No. 141831 of 2013) 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, or P.L.    , c.    (pending before the Legislature as Senate Bill No. 128161 of 2013 and Assembly Bill No. 141841 of 2013), 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.       

 

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

 

     11.  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, 2014, 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 1or accounts1 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.   , c.   (C.    ) (pending in the Legislature as Senate Bill No. 128151 of 2013 and Assembly Bill No. 141851 of 2013).

 

     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.), funds from the federal "Disaster Relief Appropriations Act,"   Pub.L. 113-002, 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 1chairman of the1 trust  certifies to the Commissioner of Environmental Protection to be necessary and appropriate for deposit into one or more reserve funds 1or accounts1 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.   , c.   (C.    ) (pending in the Legislature as Senate Bill No. 128151 of 2013 and Assembly Bill No. 141851 of 2013).

 

     13.  This act shall take effect immediately.