P.L. 2021, c.203 (A5588 1R CC CC)

CHAPTER 203

(CORRECTED COPY OF CORRECTED COPY)

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.2021, c.204, 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 section 4 or 5 of this act, or by the Commissioner of Environmental Protection pursuant to section 7 of this act.

(1) A maximum of $35 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 a blended 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 a blended 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.1996, c.85, section 6 of P.L.1997, c.221, section 7 of P.L.1998, c.84, section 6 of P.L.1999, c.174, section 6 of P.L.2000, c.92, section 6 of P.L.2001, c.222, section 6 of P.L.2002, c.70, section 6 of P.L.2003, c.158, section 6 of P.L.2004, c.109, section 6 of P.L.2005, c.196, section 6 of P.L.2006, c.68, section 6 of P.L.2007, c.139, section 6 of P.L.2008, c.68, section 7 of P.L.2009, c.102, section 6 of P.L.2010, c.63, section 6 of P.L.2011, c.93, section 6 of P.L.2012, c.43, section 6 of P.L.2013, c.95, section 7 of P.L.2014, c.25, section 7 of P.L.2015, c.108, section 7 of P.L.2016, c.32, as amended by P.L.2017, c.14, section 7 of P.L.2017, c.143 as amended by P.L.2017, c.326, section 7 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, section 7 of P.L.2019, c.193, as amended by P.L.2019, c.514, 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 Estimated

Allowable Total

DEP Loan Loan

Amount 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, 2017, 2019, 2020, and 2021 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 4 of P.L.1985, c.329. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of 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 Estimated

Allowable Total

DEP Loan Loan

Amount 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 2020 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 5 of P.L.1981, c.261. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of 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. If the department loan amount is adjusted to 100 percent of the total allowable loan amount, the loan shall be provided pursuant to the terms and conditions of the financing program year in which the construction loan component of the project was certified by the department and for which the trust issued an interim financing program loan or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 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 Estimated

Allowable Total

DEP Loan Loan

Amount 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 Estimated

Allowable Total

DEP Loan Loan

Amount 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 of 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 construction loan component of the project was certified by the department and for which the trust issued an interim financing program loan or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 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 the financial plan of the trust for State fiscal year 2022 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.2021, c.204, 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.2021, c.204, 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.2021, c.204 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.1985, 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.2021, c.204, 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.2021, c.204 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.2021, c.204, 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, funds transferred by the department to the New Jersey Infrastructure Bank pursuant to paragraph (21) of subsection a. of section 1 of P.L.2021, c.203, and funds from any net earnings received from the investment and reinvestment of such deposits, such sums as the chairperson of the trust certifies to the Commissioner of Environmental Protection to be necessary and appropriate for deposit into one or more reserve funds or accounts established by the trust pursuant to section 11 of P.L.1985, c.334 (C.58:11B-11).

14. This act shall take effect immediately.

Approved August 24, 2021.