A5588

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 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 2021 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 from the “Interim Environmental Financing Program Fund,” established by the New Jersey Infrastructure Bank pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9), such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(3) There is appropriated to the department from the “Disaster Relief Emergency Financing Program Fund,” established by the New Jersey Infrastructure Bank pursuant to section 1 of P.L.2013, c.93 (C.58:11B-9.5), such amounts as may be necessary to supplement the sums appropriated from the Clean Water State Revolving Fund for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(4) There is appropriated to the department from the “Drinking Water State Revolving Fund,” established pursuant to section 1 of P.L.1998, c.84, an amount equal to the federal fiscal year 2021 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 is authorized to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving Fund, pursuant to the “Water Infrastructure Funding Transfer Act,” Pub.L.116-63, additional amounts as may be necessary to address a threat to public health, and an amount equal to the maximum amount authorized to be transferred is appropriated to the department for those purposes.

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

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

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

(5) There is appropriated to the department the unappropriated balances from the Clean Water State Revolving Fund, including the balances from the Federal Disaster Relief Appropriations Act, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(6) There is appropriated to the department the unappropriated balances from the “Wastewater Treatment Fund,” established pursuant to section 15 of the “Wastewater Treatment Bond Act of 1985,” P.L.1985, c.329, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(7) There is appropriated to the department the unappropriated balances from the “1992 Wastewater Treatment Fund,” established pursuant to section 27 of the “Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992,” P.L.1992, c.88, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(8) There is appropriated to the department the unappropriated balances from the “2003 Water Resources and Wastewater Treatment Fund,” established pursuant to subsection a. of section 19 of the “Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003,” P.L.2003, c.162, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(9) There is appropriated to the department the unappropriated balances from the “Pinelands Infrastructure Trust Fund,” established pursuant to section 14 of the “Pinelands Infrastructure Trust Bond Act of 1985,” P.L.1985, c.302, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and for drinking water projects pursuant to the Federal Safe Drinking Water Act.

(10) There is appropriated to the department the unappropriated balances from the “Stormwater Management and Combined Sewer Overflow Abatement Fund,” established pursuant to the “Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989,” P.L.1989, c.181, and any repayments of loans and interest therefrom, as may be available on or before June 30, 2022, for the purposes of clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(11) There is appropriated to the department the unappropriated balances from the Drinking Water State Revolving Fund and any repayments of loans and interest therefrom, including the balances from the Federal Disaster Relief Appropriations Act as may be available on or before June 30, 2022, for the purposes of drinking water project loans.

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

(13) There is appropriated to the department from the “Interim Environmental Financing Program Fund,” established by the New

Jersey Infrastructure Bank pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9), such amounts as may be available on or before June 30, 2022, and any repayments of loans and interest therefrom, as may be necessary to supplement the sums appropriated from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

(14) There is appropriated to the department from the “Disaster Relief Emergency Financing Program Fund,” established by the New Jersey Infrastructure Bank pursuant to section 1 of P.L.2013, c.93 (C.58:11B-9.5), such amounts as may be necessary to supplement the sums appropriated from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

(15) There is appropriated to the department such amounts as may be received by the Department of Community Affairs, as the grantee from the United States Department of Housing and Urban Development Community Development Block Grant - Disaster Recovery Program (CDBG-DR), as may be available on or before June 30, 2022, for the purposes of CDBG-DR eligible clean water and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act.

(16) There is appropriated to the department such sums as may be available on or before June 30, 2022, as repayments of drinking water project loans and any interest therefrom from the “Water Supply Fund,” established pursuant to section 14 of the “Water Supply Bond Act of 1981,” P.L.1981, c.261, for the purposes of drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

(17) Of the sums appropriated to the department from the “Water Supply Fund” pursuant to P.L.1999, c.174, P.L.2001, c.222, P.L.2002, c.70, and P.L.2003, c.158, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2022, in such amounts as needed to the Drinking Water State Revolving Fund accounts contained within the Water Supply Fund established for the purposes of providing drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

(18) Of the sums appropriated to the department from the “1992 Wastewater Treatment Fund” pursuant to P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, and P.L.2002, c.70, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2022, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 1992 Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(19) Of the sums appropriated to the department from the “2003 Water Resources and Wastewater Treatment Fund” pursuant to P.L.2004, c.109 and P.L.2007, c.139, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be available on or before June 30, 2022, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 2003 Water Resources and Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(20) There is appropriated to the department the sums deposited by the New Jersey Infrastructure Bank into the Clean Water State Revolving Fund, the “Wastewater Treatment Fund,” the “1992 Wastewater Treatment Fund,” the “Water Supply Fund,” the “Stormwater Management and Combined Sewer Overflow Abatement Fund,” established pursuant to the “Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989,” P.L.1989, c.181, the “2003 Water Resources and Wastewater Treatment Fund,” and the Drinking Water State Revolving Fund, as appropriate, pursuant to paragraph (6) of subsection c. of section 1 of P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), as may be available on or before June 30, 2022, for the purposes of providing clean water project loans and drinking water project loans and providing the State match as may be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and for drinking water projects pursuant to the Federal Safe Drinking Water Act.

Any such amounts shall be for the purpose of making zero interest and principal forgiveness financing loans, to the extent

sufficient funds are available, to or on behalf of local government units or public water utilities (hereinafter referred to as “project sponsors”) to finance a portion of the cost of the construction of clean water projects and drinking water projects listed in sections 2 and 3 of this act, 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, the Federal Safe Drinking Water Act, P.L.2009, c.77, the “Wastewater Treatment Bond Act of 1985.” P.L.1985, c.329, the “Water Supply Bond Act of 1981,” P.L.1981, c.261, the “Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989,” P.L.1989, c.181, the “Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992,” P.L.1992, c.88, the “Dam, Lake, Stream, Flood Control, Water Resources, and the Wastewater Treatment Project Bond Act of 2003,” P.L.2003, c.162, and any amendatory and supplementary acts thereto.

(21) Of the $60 million appropriated to the department for the capital construction of drinking water infrastructure by the State fiscal year 2021 appropriations act, P.L.2020 c.97, up to $25 million may be transferred to the New Jersey Infrastructure Bank to invest, provide debt service reserve or guarantee, or pay interest on behalf of a sponsor of a drinking water environmental infrastructure project.

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, except that any such amounts may be reduced if a project fails to meet the requirements of sections 4 or 5 of this act, or by the Commissioner of Environmental Protection pursuant to section 7 of this act.

(1) A maximum of $15 million in principal forgiveness loans, plus any appropriated but unallocated funds designated in State fiscal year 2021 for combined sewer overflow projects, shall be issued as provided in subsection a. of section 3 of this act to communities in combined sewer overflow sewersheds for construction projects that reduce or eliminate discharges from combined sewer overflow outfalls. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $4 million per borrower whenever practicable. For project costs up to and including $4 million, 50 percent of the principal of the loan shall be forgiven, and the remaining 50 percent of the loan shall have a blended interest rate of 25 percent of the trust's market rate.

For project costs greater than $4 million and up to and including $10 million, the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have an interest rate of 50 percent of the trust's market rate.

(2) A maximum of $10 million in principal forgiveness loans, plus any appropriated but unallocated funds designated in State fiscal year 2021 for water quality restoration projects, shall be issued as provided in subsection a. of section 3 of this act for water quality restoration projects. The amount of a principal forgiveness loan issued pursuant to this paragraph shall not exceed $4 million per borrower whenever practicable. For project costs up to and including $4 million, 50 percent of the principal of the loan shall be forgiven, and the remaining 50 percent of the loan shall have a blended interest rate of 50 percent of the trust's market rate. For project costs greater than $4 million and up to and including $10 million, the loan shall have a blended interest rate of 25 percent of the trust's market rate. For project costs greater than $10 million, the loan shall have an interest rate of 50 percent of the trust's market rate.

(3) The 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.2020, c.49, as amended by P.L.2021, c.21, are granted continued priority status and shall be subject to the provisions of P.L.2020, c.49, as amended by P.L.2021, c.21, provided such projects receive short-term funding prior to June 30, 2021.

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 2021 Drinking Water State Revolving Fund capitalization grant, not to exceed $5 million, plus any funds transferred to the Drinking Water State Revolving Fund pursuant to paragraph (4) of subsection a. of this section may be issued as provided in subsection b. of section 3 of this act for drinking water systems, as follows:

(a) up to $4 million of Drinking Water State Revolving Fund loans, plus any appropriated but unallocated funds designated in State fiscal year 2021 for drinking water systems serving populations of up to 10,000 residents, shall be available for drinking water systems serving populations of up to 10,000 residents wherein principal forgiveness shall not exceed $500,000 in the aggregate and shall not exceed 50 percent of the total loan amount per project sponsor in an amount not to exceed $1 million per project sponsor.

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

(b) up to $2 million in principal forgiveness loans for drinking water systems that serve fewer than 500 persons and are assisted by the Community Engineering Corps to come into compliance with federal or State drinking water regulations. A loan issued pursuant to this subparagraph shall have 100 percent principal forgiveness for a loan amount of up to $750,000 per project; and

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

(2) up to $103 million of moneys from the Drinking Water State Revolving Fund, plus any appropriated but unallocated funds designated in State fiscal year 2021, may be issued for principal forgiveness loans for drinking water systems serving communities with a weighted median household income less than the median household income for the State to finance lead service line replacements, wherein principal forgiveness shall not exceed 50 percent of the total fund loan amount of: $2 million per water system for systems with fewer than 1,000 known lead service lines, $10 million per water system for systems with 1,000 to 5,000 known lead service lines, and $20 million per water system for systems with greater than 5,000 known lead service lines.

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

(3) Those projects listed in subsections a. and b. of section 3 of this act that were previously identified in P.L.2020, c.49, as amended by P.L.2021, c.21, are granted continued priority status and shall be subject to the provisions of P.L.2020, c.49, as amended by P.L.2021, c.21, provided such projects receive short-term funding prior to June 30, 2021.

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 set forth in this section from any unexpended balances of the amounts appropriated pursuant to section 1 of P.L.1987, c.200, section 2 of P.L.1988, c.133, section 1 of P.L.1989, c.189, section 1 of P.L.1990, c.99, section 1 of P.L.1991, c.325, section 1 of P.L.1992, c.38, section 1 of P.L.1993, c.193, section 1 of P.L.1994, c.106, section 1 of P.L.1995, c.219, section 1 of P.L.1996, c.85, section 1 of P.L.1997, c.221, section 2 of P.L.1998, c.84, section 2 of P.L.1999, c.174, section 2 of P.L.2000, c.92, sections 1 and 2 of P.L.2001, c.222, sections 1 and 2 of P.L.2002, c.70, sections 1 and 2 of P.L.2003, c.158, sections 1 and 2 of P.L.2004, c.109, sections 1 and 2 of P.L.2005, c.196, sections 1 and 2 of P.L.2006, c.68, sections 1 and 2 of P.L.2007, c.139, sections 1 and 2 of P.L.2008, c.68, sections 1 and 2 of P.L.2009, c.102, sections 1 and 2 of P.L.2010, c.63, sections 1 and 2 of P.L.2011, c.93, sections 1 and 2 of P.L.2012, c.43, sections 1 and 2 of P.L.2013, c.95, sections 1 and 2 of P.L.2014, c.25, sections 1 and 2 of P.L.2015, c.108, sections 1 and 2 of P.L.2016, c.32, as amended by P.L.2017, c.14, sections 1 and 2 of P.L.2017, c.143, as amended by P.L.2017, c.326, sections 1 and 2 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, sections 1 and 2 of P.L.2019, c.193, as amended by P.L.2019, c.514, and P.L.2020, c.49, as amended by P.L.2021, c.21, 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.f1996, c.85, section 6 of P.L.1997, c.221, section 7 of P.L.1998, c.84, section 6 of P.L.1999, c.174, section 6 of P.L.2000, c.92, section 6 of P.L.2001, c.222, section 6 of P.L.2002, c.70, section 6 of P.L.2003, c.158, section 6 of P.L.2004, c.109, section 6 of P.L.2005, c.196, section 6 of P.L.2006, c.68, section 6 of P.L.2007, c.139, section 6 of P.L.2008, c.68, section 7 of P.L.2009, c.102, section 6 of P.L.2010, c.63, section 6 of P.L.2011, c.93, section 6 of P.L.2012, c.43, section 6 of P.L.2013, c.95, section 7 of P.L.2014, c.25, section 7 of P.L.2015, c.108, section 7 of P.L.2016, c.32, as amended by P.L.2017, c.14, section 7 of P.L.2017, c.143 as amended by P.L.2017, c.326, section 7 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, section 7 of P.L.2019, c.193, as amended by P.L.2019, c.514, and section 7 of P.L.2020, c.49, as amended by P.L.2021, c.21, 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 2020 and State fiscal year 2021 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:

"Department" means the Department of Environmental Protection.

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

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

"Trust" means the New Jersey Infrastructure Bank created pursuant to section 4 of P.L.1985, c.334 (C.58:11B-4).

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

Project Sponsor	Project Number	Estimated Allowable DEP Loan Amount	Estimated Total Loan Amount
Camden County MUA	S340640-18R	$7,500,000	$10,000,000
Elizabeth City	S340942-19R	$206,250	$275,000
Hoboken City	S340635-06R	$30,000,000	$40,000,000
North Bergen MUA	S340652-14R	$3,750,000	$5,000,000
Ocean Twp. SA	S340750-14R	$750,000	$1,000,000
Plumsted Twp.	S340607-03R	$7,500,000	$10,000,000
Rockaway Valley RSA	S340821-07R	$2,250,000	$3,000,000
Franklin Twp. SA	S340839-06-1	$750,000	$1,000,000
Paterson City	S340850-03-1	$1,912,500	$2,550,000
Rockaway Valley RSA	S340821-06-1	$581,250	$775,000
Somerville Borough	S342013-01-1	$1,387,500	$1,850,000
Total Projects: 11		$56,587,500	$75,450,000

(2) The loans authorized in this subsection shall be made for the difference between the allowable loan amounts required by these projects based upon final building costs pursuant to section 7 of this act and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal years 2008, 2019, and 2020 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 4 of P.L.1985, c.329. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of this act.

(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 Loan Amount
Newark City	0714001-016R	$2,250,000	$3,000,000
North Jersey District Water Supply Comm.	1613001-025R	$19,125,000	$25,500,000
Total Projects: 2		$21,375,000	$28,500,000

(2) The loans authorized in this subsection shall be made for the difference between the allowable loan amount required by these projects based upon final building costs pursuant to section 7 of this act and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal year 2021 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 5 of P.L.1981, c.261. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of this act.

(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 is authorized to adjust the allowable department loan amount for projects authorized in this section to between zero percent and 100 percent of the total allowable loan amount, and, if the department loan amount is adjusted to 100 percent of the total allowable loan amount, the loan shall be provided pursuant to the terms and conditions of the financing program year in which the trust issued an interim financing program loan for the project or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2022 financing program.

3. a. (1) The following environmental infrastructure projects shall be known and may be cited as the “Storm Sandy and State Fiscal Year 2022 Clean Water Project Eligibility List”:

Project Sponsor	Project Number	Estimated Allowable DEP Loan Amount	Estimated Total Loan Amount
Musconetcong SA	S340384-09	$4,500,000	$6,000,000
Camden County MUA	S340640-17	$2,625,000	$3,500,000
Camden County MUA	S340640-24	$4,875,000	$6,500,000
Rahway Valley SA	S340547-14	$7,125,000	$9,500,000
Rahway Valley SA	S340547-15	$1,941,389	$2,588,518
Camden County MUA	S340640-22	$2,625,000	$3,500,000
Camden County MUA	S340640-23	$4,200,000	$5,600,000
Camden County MUA	S340640-16	$9,975,000	$13,300,000
Newark City	S340815-24	$15,750,000	$21,000,000
Camden County MUA	S340640-18	$63,022,500	$84,030,000
North Bergen MUA	S340652-14	$21,000,000	$28,000,000
Hopatcong Borough	S340488-08	$450,000	$600,000
Jersey City MUA	S340928-15	$30,750,000	$41,000,000
Jersey City MUA	S340928-20	$5,400,000	$7,200,000
Jersey City MUA	S340928-28	$2,025,000	$2,700,000
Jersey City MUA	S340928-31	$8,294,700	$11,059,600
Jersey City MUA	S340928-34	$975,000	$1,300,000
Jersey City MUA	S340928-24	$80,693,069	$108,000,000
Jersey City MUA	S340928-33	$6,750,000	$9,000,000
Elizabeth City	S340942-17	$4,875,000	$6,500,000
Camden County MUA	S340640-13	$9,600,000	$12,800,000
Bayonne City	S340399-31	$1,650,000	$2,200,000
Ocean County UA	S340372-62	$3,225,000	$4,300,000
Ocean County UA	S340372-63	$1,650,000	$2,200,000
Ocean County UA	S340372-61	$3,975,000	$5,300,000
Ocean County UA	S340372-59	$5,715,000	$7,620,000
Hoboken City	S340635-07	$3,750,000	$5,000,000
Hoboken City	S340635-09	$375,000	$500,000
Mount Laurel Twp. MUA	S340943-06	$6,000,000	$8,000,000
Jersey City	S340928-30	$2,033,250	$2,711,000
North Hudson SA	S340952-30	$17,400,000	$23,200,000
Riverside SA	S340490-01	$630,000	$840,000
Perth Amboy City	S340435-11	$4,844,513	$6,459,351
Hackensack City	S340923-14	$6,000,000	$8,000,000
Somerset Raritan Valley SA	S340801-09	$4,875,000	$6,500,000
Somerset Raritan Valley SA	S340801-07	$25,500,000	$34,000,000
Passaic Valley SC	S340689-48	$675,308	$900,410
Passaic Valley SC	S340689-37	$91,125,000	$121,500,000
Passaic Valley SC	S340689-38	$16,125,000	$21,500,000
Passaic Valley SC	S345200-02	$1,500,000	$2,000,000
Passaic Valley SC	S340689-40	$3,750,000	$5,000,000
Passaic Valley SC	S345200-01	$7,125,000	$9,500,000
Passaic Valley SC	S340689-30	$2,775,000	$3,700,000
Passaic Valley SC	S340689-32	$7,500,000	$10,000,000
Northwest Bergen County UA	S340700-16	$3,675,000	$4,900,000
Bergen County UA	S340386-21	$5,700,000	$7,600,000
Linden Roselle SA	S340299-09	$1,575,000	$2,100,000
Linden Roselle SA	S340299-08	$12,750,000	$17,000,000
Lambertville MUA	S340882-09	$1,350,000	$1,800,000
Raritan Twp. MUA	S340485-12	$3,675,000	$4,900,000
Gloucester County UA	S340902-15	$8,625,000	$11,500,000
Stafford Twp.	S344100-03	$4,200,000	$5,600,000
Allentown Borough	S340567-05	$3,825,000	$5,100,000
Stony Brook RSA	S340400-11	$16,500,000	$22,000,000
Evesham MUA	S340838-09	$375,000	$500,000
Howell Twp.	S344040-02	$11,010,000	$14,680,000
Rutgers, The State University of New Jersey	S340500-01	$27,750,000	$37,000,000
Willingboro MUA	S340132-09	$6,750,000	$9,000,000
Ocean County	S344080-10	$187,500	$250,000
Ocean County	S344080-11	$262,500	$350,000
Rockaway Valley RSA	S340821-07	$6,150,000	$8,200,000
Rockaway Valley RSA	S340821-08	$11,625,000	$15,500,000
Ocean County	S344080-09	$975,000	$1,300,000
Western Monmouth UA	S340128-06	$9,825,000	$13,100,000
Chatham Borough	S340715-07A	$5,466,885	$7,289,180
Madison Borough	S340715-07B	$5,466,885	$7,289,180
Wildwood City	S340664-06	$11,784,758	$15,713,010
Point Pleasant Beach Borough	S344190-02	$2,362,500	$3,150,000
Manasquan River RSA	S340911-03	$495,000	$660,000
Little Egg Harbor MUA	S340579-03	$1,779,298	$2,900,000
Middlesex County UA	S340699-14	$8,250,000	$11,000,000
Monmouth County Bayshore Outfall Authority	S340325-04	$2,625,000	$3,500,000
Atlantic County UA	S340809-29	$3,000,000	$4,000,000
Atlantic County UA	S340809-30	$7,575,000	$10,100,000
Toms River MUA	S340145-05	$3,100,000	$4,500,000
Toms River MUA	S340145-08	$1,018,800	$1,358,400
Ocean County UA	S340372-60	$652,500	$870,000
Two Rivers Water Reclamation Authority	S340117-09	$3,000,000	$4,000,000
Brick Twp. MUA	S340448-11	$4,275,000	$5,700,000
Northwest Bergen County UA	S340700-15	$5,250,000	$7,000,000
Northwest Bergen County UA	S340700-18	$1,500,000	$2,000,000
Northwest Bergen County UA	S340700-19	$6,099,338	$8,132,450
Western Monmouth UA	S340128-05	$5,887,500	$7,850,000
Old Bridge MUA	S340945-14	$2,700,000	$3,600,000
Franklin Twp. SA	S340839-09	$5,625,000	$7,500,000
Evesham MUA	S340838-07	$1,200,000	$1,600,000
Mount Laurel Twp. MUA	S340943-07	$2,400,000	$3,200,000
Winslow Twp.	S340895-10	$1,275,000	$1,700,000
Ocean Twp. SA	S340750-13	$412,500	$550,000
Ocean Twp. SA	S340750-12	$3,375,000	$4,500,000
Scotch Plains Twp.	S340512-01	$2,025,000	$2,700,000
Burlington Twp.	S340712-17	$750,000	$1,000,000
West Deptford Twp.	S340947-05	$1,061,250	$1,415,000
Princeton	S340656-11	$2,944,259	$3,925,678
Warren Twp. SA	S340964-05	$8,100,000	$10,800,000
Middlesex Borough	S340698-02	$1,926,563	$2,568,750
Pennsville SA	S340870-04	$1,200,000	$1,600,000
Red Bank Borough	S340528-01	$1,125,000	$1,500,000
Glen Ridge Borough	S340861-04	$1,725,000	$2,300,000
Glen Ridge Borough	S340861-03	$334,387	$445,849
Buena Borough MUA	S340518-06	$973,500	$1,298,000
Bradley Beach Borough	S340472-01	$2,025,000	$2,700,000
Lambertville MUA	S340882-10	$525,000	$700,000
Long Beach Twp.	S340023-07	$3,450,000	$4,600,000
Ship Bottom Borough	S340311-05	$3,750,000	$5,000,000
Passaic Valley SC	S340689-45	$7,657,577	$10,210,102
Passaic Valley SC	S340689-54	$11,642,883	$15,523,844
Plumsted Twp.	S340607-03	$12,769,687	$34,000,000
Lakewood Twp. MUA	S340465-02	$3,240,000	$4,320,000
Lower Twp. MUA	S340810-05	$12,825,000	$17,100,000
Mantua Twp. MUA	S340514-02	$1,687,500	$2,250,000
Newton Town	S340449-04	$403,500	$538,000
Cranford Twp.	S340858-04	$9,000,000	$12,000,000
New Jersey Water Supply Authority	S340421-01	$45,000,000	$60,000,000
Northfield City	S340508-02	$112,500	$150,000
Spotswood Borough	S340510-01	$4,070,250	$5,427,000
Paulsboro Borough	S340164-01	$2,062,500	$2,750,000
North Hudson SA	S340952-36	$675,000	$900,000
Clinton Town	S340924-07	$600,000	$800,000
Jersey City MUA	S340928-32	$6,150,000	$12,300,000
Atlantic City MUA	S340439-04	$2,300,000	$3,066,667
East Orange City	S340843-03	$9,000,000	$12,000,000
Gloucester County Improvement Authority	S342016-04	$13,875,001	$18,500,001
Salem County Improvement Authority	S342022-02	$7,399,084	$8,500,000
Burlington City	S340140-02	$1,950,000	$2,600,000
Lakewood Twp. MUA	S340465-03	$1,312,500	$1,750,000
Bloomfield Twp.	S340516-01	$5,423,228	$7,230,970
North Brunswick Twp.	S340888-02	$6,000,000	$8,000,000
University Hospital	S340500-03	$5,850,000	$7,800,000
Manchester Twp.	S340650-08	$2,250,000	$3,000,000
Point Pleasant Beach Borough	S340479-04	$1,447,500	$1,930,000
Allentown Borough	S340567-06	$498,704	$664,938
Ship Bottom Borough	S340311-04	$536,663	$2,750,000
Total Projects: 133		$946,664,729	$1,285,265,898

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

Project Sponsor	Project Number	Estimated Total Loan Amount
Pemberton Twp.	Pinelands 1	$2,929,000
Manchester Twp./ Jackson MUA	Pinelands 2	$7,192,035
Galloway Twp.	Pinelands 4	$3,493,440
Winslow Twp.	Pinelands 5	$1,728,940
Total Pinelands Projects: 4		$15,343,415

b. The following environmental infrastructure projects shall be known and may be cited as the “State Fiscal Year 2022 Drinking Water Project Eligibility List”:

Project Sponsor	Project Number	Estimated Allowable DEP Loan Amount	Estimated Total Loan Amount
Newark City	0714001-020	$13,125,000	$17,500,000
Trenton City	1111001-011	$15,255,000	$20,340,000
Newark City	0714001-019	$9,375,000	$12,500,000
Orange City	0717001-013	$525,000	$700,000
Newark City	0714001-022	$17,250,000	$23,000,000
Bloomfield Twp.	0702001-003	$823,796	$1,098,395
NJ American Water Co., Inc.	1345001-017	$7,575,000	$10,100,000
Burlington City	0305001-002	$2,700,000	$3,600,000
Orange City	0717001-014	$1,500,000	$2,000,000
National Park Borough	0812001-005	$1,144,875	$1,526,500
Moorestown Twp.	0322001-001	$18,468,750	$24,625,000
Brick Twp. MUA	1506001-011	$15,667,500	$20,890,000
East Orange City	0705001-014	$24,750,000	$33,000,000
Newark City	0714001-008	$25,647,000	$34,196,000
East Greenwich	0803001-004	$1,950,000	$2,600,000
Jersey City MUA	0906001-017	$1,305,180	$1,740,240
NJ American Water Co., Inc.	2004002-012	$15,000,000	$20,000,000
Woodbine Borough	0516001-001	$3,750,000	$5,000,000
Newark City	0714001-018	$3,862,500	$5,150,000
Jersey City MUA	0906001-019	$5,025,000	$6,700,000
Wildwood City	0514001-006	$4,637,403	$6,183,204
Little Egg Harbor MUA	1516001-005	$1,087,500	$1,450,000
Seaside Park Borough	1527001-004	$1,125,000	$1,500,000
NJ American Water Co., Inc.	1345001-021	$19,758,750	$26,345,000
Manchester Twp.	1518005-002	$4,125,000	$5,500,000
Paulsboro Borough	0814001-003	$2,100,000	$2,800,000
Hamburg Borough	1909001-002	$825,000	$1,100,000
Jersey City MUA	0906001-025	$24,000,000	$32,000,000
Jersey City MUA	0906001-009	$3,750,000	$5,000,000
Middlesex Water Co.	1225001-028	$8,400,000	$11,200,000
Old Bridge MUA	1209002-005	$1,875,000	$2,500,000
Hoboken City	0905001-002	$6,000,000	$8,000,000
Wall Twp.	1352003-001	$1,350,000	$1,800,000
Wall Twp.	1352003-002	$2,775,000	$3,700,000
Clinton Town	1005001-011	$ 949,355	$1,265,807
Clinton Town	1005001-010	$1,320,000	$2,640,000
Spotswood Borough	1224001-001	$2,582,936	$3,443,914
Glen Ridge Borough	0708001-008	$1,929,908	$2,573,210
Jersey City MUA	0906001-020	$4,965,000	$6,620,000
Jersey City MUA	0906001-021	$8,250,000	$11,000,000
Jackson Twp. MUA	1511001-013	$15,000,000	$20,000,000
Ship Bottom Borough	1528001-003	$7,500,000	$10,000,000
South Orange Village	0719001-012	$ 600,000	$800,000
Berkeley Twp. MUA	1505004-009	$1,875,000	$2,500,000
Jersey City MUA	0906001-015	$2,691,950	$3,589,266
Hoboken City	0905001-001	$6,375,000	$8,500,000
Hightstown Borough	1104001-010	$1,331,759	$1,775,678
Middlesex Water Co.	1225001-025	$42,750,000	$57,000,000
Evesham MUA	0313001-001	$1,950,000	$2,600,000
Moorestown Twp.	0322001-002	$11,430,000	$15,240,000
Brick Twp. MUA	1506001-009	$4,446,570	$5,928,760
Ship Bottom Borough	1528001-004	$3,075,000	$4,100,000
Lakehurst Borough	1513001-002	$ 900,000	$1,200,000
East Windsor MUA	1101002-005	$1,500,000	$2,000,000
Clinton Town	1005001-012	$2,625,000	$3,500,000
Long Beach Twp.	1517001-015	$3,119,401	$4,159,201
Milltown Borough	1212001-005	$1,350,000	$1,800,000
Allentown Borough	1302001-002	$411,825	$549,100
Roosevelt Borough	1341001-007	$450,000	$600,000
NJ American Water Co., Inc.	2004002-013	$12,000,000	$16,000,000
Jackson Twp. MUA	1511001-012	$8,250,000	$11,000,000
Clinton Town	1005001-013	$2,250,000	$3,000,000
Brielle Borough	1308001-004	$1,845,000	$2,460,000
Mount Arlington Borough	1426005-001	$165,836	$250,285
Brielle Borough	1308001-005	$2,700,000	$3,600,000
Hampton Borough	1013001-001	$1,350,000	$1,800,000
Little Egg Harbor MUA	1516001-003	$4,143,750	$5,525,000
National Park Borough	0812001-004	$1,275,000	$1,700,000
Hopatcong Borough	1912001-004	$75,000	$100,000
Hamburg Borough	1909001-001	$63,750	$85,000
Highbridge Borough	1014001-001	$75,000	$100,000
Hardyston Municipal Utility Authority	1911006-003	$75,000	$100,000
Total Projects: 72		$430,155,294	$574,449,560

4. Any financing loan made by the department 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. Except as otherwise provided in this subsection, 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 loan for the project or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2022 financing program. Notwithstanding any provision of this act or a financial plan of the trust for State fiscal years 2018 through 2021 developed pursuant to section 21 of P.L.1985, c.334 (C.58:11B-21) or section 25 of P.L.1997, c.224 (C.58:11B-21.1) to the contrary, a loan for an environmental infrastructure project listed in section 2 or 3 of this act that is partially funded from the proceeds of bonds issued by the trust to the United States Environmental Protection Agency pursuant to the federal "Water Infrastructure Finance and Innovation Act of 2014," 33 U.S.C. s.3901 et seq., shall be subject to terms and conditions regulating the blending of federal and other funds that are consistent with those provisions of Section III of the applicable financial plan of the trust for State fiscal year 2021 that reference the federal "Water Infrastructure Finance and Innovation Act of 2014;"

c. Notwithstanding the provisions of sections 2 and 3 of this act, the department allowable loan amount may be 100 percent of the total allowable loan amount for:

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

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

d. With the exception of a loan for which the department issues 100 percent of the loan amount pursuant to subsection b. of section 2, subsection c. of section 3, and subsection c. of this section, the loan shall be conditioned upon approval of a loan from the New Jersey Infrastructure Bank pursuant to P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), prior to June 30, 2021;

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

f. The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other

provision of law to the contrary, subordination of a loan authorized in this act to loans made by the New Jersey Infrastructure Bank pursuant to P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), 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 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;

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. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session) prior to June 30, 2021, or to administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5).

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, 2022, 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'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, and the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto.

9. The department 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, prior to repayment to the “Water Supply Fund” pursuant to the provisions of section 15 of P.L.1981, c.261, or prior to the repayment to the “Pinelands Infrastructure Trust Fund” pursuant to the provisions of section 5 of P.L.1985, c.302, repayments of loans made pursuant to these acts may be utilized by the New Jersey Infrastructure Bank established pursuant to P.L.1985, c.334 (C.58:11B‑1 et seq.), as amended and supplemented by P.L.1997, c.224, under terms and conditions established by the commissioner and trust, approved by the State Treasurer, and consistent with the provisions of P.L.1985, c.334 (C.58:11B‑1 et seq.) and federal tax, environmental or securities law, to the extent necessary to secure repayment of trust bonds issued to finance loans approved pursuant to P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), and

to secure the administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5) by the project sponsors receiving trust loans.

b. Prior to repayment to the Clean Water State Revolving Fund pursuant to section 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the “Wastewater Treatment Fund” pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the “1992 Wastewater Treatment Fund” pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the “2003 Water Resources and Wastewater Treatment Fund” pursuant to the provisions of section 20 of P.L.2003, c.162, prior to repayment to the “Stormwater Management and Combined Sewer Overflow Abatement Fund” pursuant to the provisions of section 15 of P.L.1989, c.181, or prior to repayment to the “Pinelands Infrastructure Trust Fund” pursuant to the provisions of section 5 of P.L.1985, c.302, the trust is further authorized to utilize repayments of loans made pursuant to P.L.1989, c.189, P.L.1990, c.99, P.L.1991, c.325, P.L.1992, c.38, P.L.1993, c.193, P.L.1994, c.106, P.L.1995, c.219, P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222, P.L.2002, c.70, P.L.2003, c.158, P.L.2004, c.109, P.L.2005, c.196, P.L.2006, c.68, P.L.2007, c.139, P.L.2008, c.68, P.L.2009, c.102, P.L.2010, c.63, P.L.2011, c.93, P.L.2012, c.43, P.L.2013, c.95, P.L.2014, c.25, P.L.2015, c.108, P.L.2016, c.32, P.L.2017, c.143, as amended by P.L.2017, c.326, P.L.2018, c.85, as amended by P.L.2018, c.137, P.L.2019, c.12, P.L.2019, c.193, as amended by P.L.2019, c.514, P.L.2020, c.49, as amended by P.L.2021, c.21, 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, P.L.2019, c.192, as amended by P.L.2019, c.515, P.L.2020, c.48, as amended by P.L.2021, c.22, or P.L. , c. (pending before the Legislature as Senate Bill No. of the 2020-2021 session and Assembly Bill No. 5589 of the 2020-2021 session), and to secure the administrative fees payable to the trust under these loans pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5).

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

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, 2022, 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 chairperson or secretary 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 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 chairperson of the trust certifies to the Commissioner of Environmental Protection to be necessary and appropriate for deposit into one or more reserve funds or accounts established by the trust pursuant to section 11 of P.L.1985, c.334 (C.58:11B-11).

14. This act shall take effect immediately.

STATEMENT

This bill appropriates certain federal and State moneys to the Department of Environmental Protection (DEP) for the purpose of implementing the State Fiscal Year 2022 New Jersey Environmental Infrastructure Financing Program (NJEIFP), which is expected to finance up to $1.979 billion in water infrastructure projects for State Fiscal Year 2022. The bill would appropriate these funds for the purpose of making loans to local governments and privately-owned water companies (project sponsors) for a portion of the costs of water infrastructure projects.

A companion bill, Assembly Bill No. 5589 of the 2020-2021 session, would authorize the I-Bank to execute loans using the funds appropriated to the DEP by this bill to finance a portion of the costs of the clean water and drinking water projects enumerated by the bill.

This bill and the companion bill would establish: (1) a list of 11 projects to improve water discharge and treatment systems that had previously received a loan and require supplemental loans, representing $75.45 million in estimated total loan amounts; (2) a list of two projects to improve drinking water systems that had previously received a loan and require supplemental loans, representing $28.5 million in estimated total loan amounts; (3) the "Storm Sandy and State Fiscal Year 2022 Clean Water Project Eligibility List," a list of 133 projects to improve water discharge and treatment systems, representing $1.285 billion in estimated total loan amounts; (4) a list of four projects in the in the Pinelands area that are receiving funding under the “Pinelands Infrastructure Trust Bond Act of 1985,” P.L.1985, c.302 to improve water discharge and treatment systems, representing $15.343 million in estimated total loan amounts; and (5) the "State Fiscal Year 2021 Drinking Water Project Eligibility List,” a list of 72 projects to improve drinking water systems, representing $574.449 million in estimated total loan amounts. Several projects in the "Storm Sandy and State Fiscal Year 2022 Clean Water Project Eligibility List" and the "State Fiscal Year 2021 Drinking Water Project Eligibility List,” representing $409.168 million in estimated total loan amounts, are eligible to receive long-term funding from the New Jersey Infrastructure Bank (I-Bank) by the end of FY2021, and thus would not receive loans under the 2022 NJEIFP. However, they are included in these lists in the event that long-term financing cannot be secured by the end of FY2021.

The bill would also appropriate the unexpended balances from various funds to the DEP, and allow the DEP to transfer moneys between various State funds, for the purpose of funding the NJEIFP and providing the State match for federal funding provided under the federal laws, including the Clean Water Act and Safe Drinking Water Act, as detailed in subsection a. of section 1 of the bill. In particular, the bill would authorize the DEP to transfer up to $25 million of the $60 million appropriated to the department for Drinking Water Infrastructure by the State fiscal year 2021 annual appropriations act, P.L.2020 c.97, to the I-Bank to invest, provide debt service reserve or guarantee, or pay interest on behalf of a project sponsor.

The bill would authorize loans to certain project sponsors to include zero interest or principal forgiveness, subject to certain funding limits and restrictions detailed in subsections b. through e. of section 1 of the bill. Projects designated for zero interest or principal forgiveness loans include projects that reduce or eliminate discharges from combined sewer overflow outfalls, water quality restoration projects, projects by drinking water systems that serve fewer than 500 persons, and lead service line replacement projects.

The bill would establish certain requirements on loans to project sponsors made by the DEP pursuant to the bill, as enumerated in section 4 of the bill. The bill would also establish additional restrictions, described in section 5 of the bill, for "Sandy financing loans," which are those loans that utilize federal funding provided pursuant to the federal "Disaster Relief Appropriations Act, 2013,” Pub.L.113-2.

Under the bill, the project lists and the DEP's authorization to utilize the funds appropriated by the bill would expire on July 1, 2022.

The bill would authorize the I-Bank to utilize repayments of loans made using moneys from various State funds, enumerated in subsections a. and b. of section 10 of the bill, to recoup trust bond repayments and administrative fees that have not been paid by project sponsors instead of redepositing the money into the funds. However, the bill would also require the I-Bank to make a compensatory deposit into certain State funds, enumerated in subsection c. of section 10 of the bill, when the I-Bank receives the deficient payments or fees from the project sponsor. Finally, the bill would appropriate to the I-Bank, from repayments of loans, interest payments, certain federal funds, and any earnings received from the investment of those funds, as enumerated in sections 12 and 13 of the bill, such amounts as the chairperson or secretary of the I-Bank certifies are necessary and appropriate for deposit into one or more reserve funds established by the I-Bank.