A5970

An Act concerning the financing of environmental infrastructure projects in Fiscal Year 2020 and amending P.L.2019, c.193.

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

1. Section 1 of P.L.2019, c.193 is amended to read as follows:

1. a. (1) There is appropriated to the Department of Environmental Protection from the “Clean Water State Revolving Fund” established pursuant to section 1 of P.L.2009, c.77, an amount equal to the federal fiscal year 2019 capitalization grant made available to the State for clean water project loans pursuant to the “Water Quality Act of 1987” (33 U.S.C. s.1251 et seq.), and any amendatory and supplementary acts thereto (hereinafter referred to as the "Federal Clean Water Act").

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

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

(4) There is appropriated to the Department of Environmental Protection from the "Drinking Water State Revolving Fund" established pursuant to section 1 of P.L.1998, c.84 an amount equal to the federal fiscal year 2019 capitalization grant made available to the State for drinking water projects pursuant to the "Safe Drinking Water Act Amendments of 1996," Pub.L.104-182, and any amendatory and supplementary acts thereto (hereinafter referred to as the "Federal Safe Drinking Water Act").

The Department of Environmental Protection is authorized to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving Fund, pursuant to the “Water Infrastructure Funding Transfer Act,” Pub.L.116-63, additional amounts necessary to address a threat to public health and an amount equal to the maximum amount authorized to be transferred is hereby appropriated to the department for those purposes.

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

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

Notwithstanding any provision of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) to the contrary, the Department of Environmental Protection is authorized to utilize funds from the Clean Water State Revolving Fund for the purposes of the Drinking Water State Revolving Fund, and may charge interest on loans made with such invested funds to the extent permitted by the Federal Clean Water Act and the Federal Safe Drinking Water Act.

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

(6) There is appropriated to the Department of Environmental Protection the unappropriated balances from the "Wastewater Treatment Fund" established pursuant to section 15 of the "Wastewater Treatment Bond Act of 1985" (P.L.1985, c.329), and any repayments of loans and interest therefrom, as available on or before June 30, 2020, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(7) There is appropriated to the Department of Environmental Protection the unappropriated balances from the “1992 Wastewater Treatment Fund” established pursuant to section 27 of the “Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992” (P.L.1992, c.88), and any repayments of loans and interest therefrom, as available on or before June 30, 2020, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(8) There is appropriated to the Department of Environmental Protection the unappropriated balances from the “2003 Water Resources and Wastewater Treatment Fund” established pursuant to subsection a. of section 19 of the “Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003” (P.L.2003, c.162), and any repayments of loans and interest therefrom, as available on or before June 30, 2020, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(9) There is appropriated to the Department of Environmental Protection the unappropriated balances from the “Pinelands Infrastructure Trust Fund” established pursuant to section 14 of the “Pinelands Infrastructure Trust Bond Act of 1985” (P.L.1985, c.302), and any repayments of loans and interest therefrom, as available on or before June 30, 2020, for the purposes of clean water project loans and drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act.

(10) There is appropriated to the Department of Environmental Protection the unappropriated balances from the "Stormwater Management and Combined Sewer Overflow Abatement Fund," established pursuant to the “Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989” (P.L.1989, c.181), and any repayments of loans and interest therefrom, as available on or before June 30, 2020, for the purposes of clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(11) There is appropriated to the Department of Environmental Protection the unappropriated balances from the Drinking Water State Revolving Fund, including the balances from the Disaster Relief Appropriations Act of 2013, for the purposes of drinking water project loans and any repayments of loans and interest therefrom, that are or may become available on or before June 30, 2020.

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

(13) There is appropriated to the Department of Environmental Protection from the “Interim Environmental Financing Program Fund” created and established by the New Jersey Infrastructure Bank pursuant to subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9) such amounts as may be or become available on or before June 30, 2020, and any repayments of loans and interest therefrom, as may be necessary to supplement the sums appropriated from the Drinking Water State Revolving Fund for the purposes of drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Safe Drinking Water Act.

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

(15) There is appropriated to the Department of Environmental Protection such sums as may be received by the Department of Community Affairs as the grantee from the United States Department of Housing and Urban Development Community Development Block Grant - Disaster Recovery Program (CDBG-DR), as anticipated and upon availability on or before June 30, 2020, for the purposes of CDBG-DR eligible clean water and drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act, respectively.

(16) There is appropriated to the Department of Environmental Protection such sums as may be or become available on or before June 30, 2020, as repayments of drinking water project loans and any interest therefrom from the “Water Supply Fund” established pursuant to section 14 of the “Water Supply Bond Act of 1981” (P.L.1981, c.261) for the purposes of drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

(17) Of the sums appropriated to the Department of Environmental Protection from the "Water Supply Fund" pursuant to P.L.1999, c.174, P.L.2001, c.222, P.L.2002, c.70 and P.L.2003, c.158, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2020, in such amounts as needed to the Drinking Water State Revolving Fund accounts contained within the Water Supply Fund established for the purposes of providing drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act.

(18) Of the sums appropriated to the Department of Environmental Protection from the "1992 Wastewater Treatment Fund" pursuant to P.L.1996, c.85, P.L.1997, c.221, P.L.1998, c.84, P.L.1999, c.174, P.L.2000, c.92, P.L.2001, c.222 and P.L.2002, c.70, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2020, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 1992 Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(19) Of the sums appropriated to the Department of Environmental Protection from the "2003 Water Resources and Wastewater Treatment Fund" pursuant to P.L.2004, c.109, and P.L.2007, c.139, the department is authorized to transfer any unexpended balances and any repayments of loans and interest therefrom as may be or become available on or before June 30, 2020, in such amounts as needed to the Clean Water State Revolving Fund accounts contained within the 2003 Water Resources and Wastewater Treatment Fund for the purposes of providing clean water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

(20) There is appropriated to the Department of Environmental Protection the sums deposited by the New Jersey Infrastructure Bank into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the "Stormwater Management and Combined Sewer Overflow Abatement Fund," established pursuant to the “Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989” (P.L.1989, c.181), the "2003 Water Resources and Wastewater Treatment Fund" and the Drinking Water State Revolving Fund, as appropriate, pursuant to paragraph (6) of subsection c. of section 1 of P.L.2019, c.192 , as amended by P.L. , c. (pending before the Legislature as Senate Bill No. 4202 and Assembly Bill No. of 2019), as available on or before June 30, 2020, for the purposes of providing clean water project loans and drinking water project loans and providing the State match as required or will be required for the award of the capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act and drinking water projects pursuant to the Federal Safe Drinking Water Act.

Any such amounts shall be for the purpose of making zero interest and principal forgiveness financing loans, to the extent sufficient funds are available, to or on behalf of local government units or public water utilities (hereinafter referred to as "project sponsors") to finance a portion of the cost of construction of clean water projects and drinking water projects listed in sections 2 and 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), and for the purpose of implementing and administering the provisions of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), to the extent permitted by the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, and any amendatory and supplementary acts thereto, P.L.2009, c.77, the "Wastewater Treatment Bond Act of 1985" (P.L.1985, c.329), the "Water Supply Bond Act of 1981" (P.L.1981, c.261), the "Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989" (P.L.1989, c.181), the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992" (P.L.1992, c.88), the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003" (P.L.2003, c.162), the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto, and State law.

b. The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in subsection a. of section 2 and subsection a. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) for clean water projects, up to the individual amounts indicated and in the priority stated, to the extent there are sufficient eligible project applications, and except that any such amounts may be reduced if a project fails to meet the requirements of section 4 or 5 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), or by the Commissioner of Environmental Protection pursuant to section 7 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), provided:

(1) [a maximum of $3 million, plus] any appropriated but unallocated funds designated in State fiscal year 2019 for Barnegat Bay Watershed projects, in principal forgiveness loans shall be issued to finance Barnegat Bay Watershed environmental infrastructure projects as provided in subsection a. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), wherein principal forgiveness shall be [a minimum of 25] 50 percent of the fund loan amount per project sponsor in an amount not to exceed $2 million of principal forgiveness per project sponsor . For project costs greater than $4 million, 50 percent of the loan shall be a zero interest rate fund loan and 50 percent of the loan shall be a trust market rate loan;

(2) a maximum of $10 million, plus any appropriated but unallocated funds designated in State fiscal year 2019 for combined sewer overflow projects, in principal forgiveness loans shall be issued as provided in subsection a. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) to communities in combined sewer overflow sewersheds sponsoring construction projects that reduce or eliminate discharges from combined sewer overflow outfalls, wherein principal forgiveness loans shall not exceed $1 million per borrower subject to the availability of funds, and wherein 50 percent of the principal of the fund loan shall be forgiven, 25 percent of the loan shall be a zero interest rate fund loan, and 25 percent of the loan shall be a trust market rate loan. For project costs greater than $2 million up to and including $10 million, 75 percent of the loan shall be a zero interest rate fund loan and 25 percent of the loan shall be a trust market rate loan. For project costs greater than $10 million, 50 percent of the loan shall be a zero interest rate fund loan and 50 percent of the loan shall be a trust market rate loan;

(3) a maximum of [$12] $6 million, plus any appropriated but unallocated funds designated in State fiscal year 2019 for combined sewer overflow projects, in principal forgiveness loans shall be issued as provided in subsection a. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) for combined sewer overflow abatement projects that treat stormwater runoff through infiltration into subsoil or filtration by vegetation or soil, or store stormwater runoff for later reuse, wherein principal forgiveness loans shall not exceed $3 million per borrower subject to the availability of funds, and wherein 50 percent of the principal of the fund loan shall be forgiven, 25 percent of the loan shall be a zero interest rate fund loan, and 25 percent of the loan shall be a trust market rate loan subject to the availability of funds. For project costs greater than $6 million up to and including $10 million, 75 percent of the loan shall be a zero interest rate fund loan and 25 percent of the loan shall be a trust market rate loan. For project costs greater than $10 million, 50 percent of the loan shall be a zero interest rate fund loan and 50 percent of the loan shall be a trust market rate loan;

(4) to the extent funds are available, a maximum of $1.5 million in principal forgiveness loans shall be issued to finance clean water environmental infrastructure projects as provided in subsection a. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) for systems serving populations of up to 10,000 residents for the development of asset management plans wherein principal forgiveness shall be 100 percent of the fund loan amount per project in an amount not to exceed $100,000 per project sponsor subject to the availability of funds; and

(5) those projects listed in subsection a. of section 2 [of this act] and subsection a. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) that were previously identified in P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, are granted continued priority status and shall be subject to the provisions of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, provided such projects receive short-term funding prior to June 30, 2019.

c. The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in subsection b. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) for drinking water projects, up to the individual amounts indicated and in the priority stated, provided:

(1) a maximum of 30 percent of the 2019 Drinking Water State Revolving Fund capitalization grant not to exceed $5 million may be issued as provided in subsection b. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) for drinking water systems, as follows:

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

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

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

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

Loans may be made pursuant to this subsection to the extent there are sufficient eligible project applications and as required or will be required for the award of the capitalization grants made available to the State for drinking water projects pursuant to the Federal Safe Drinking Water Act. Any such amounts may be reduced by the Commissioner of Environmental Protection pursuant to section 7 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), or if a project fails to meet the requirements of section 4 or 5 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill).

(2) Those projects listed in subsection a. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) and subsection b. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) that were previously identified in P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, are granted continued priority status and shall be subject to the provisions of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, provided such projects receive short-term funding prior to June 30, 2019.

d. The department is authorized to make zero interest and principal forgiveness financing loans to or on behalf of the project sponsors for the environmental infrastructure projects listed in sections 2 and 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) under the same terms, conditions and requirements as set forth in this section from any unexpended balances of the amounts appropriated pursuant to section 1 of P.L.1987, c.200, section 2 of P.L.1988, c.133, section 1 of P.L.1989, c.189, section 1 of P.L.1990, c.99, section 1 of P.L.1991, c.325, section 1 of P.L.1992, c.38, section 1 of P.L.1993, c.193, section 1 of P.L.1994, c.106, section 1 of P.L.1995, c.219, section 1 of P.L.1996, c.85, section 1 of P.L.1997, c.221, section 2 of P.L.1998, c.84, section 2 of P.L.1999, c.174, section 2 of P.L.2000, c.92, sections 1 and 2 of P.L.2001, c.222, sections 1 and 2 of P.L.2002, c.70, sections 1 and 2 of P.L.2003, c.158, sections 1 and 2 of P.L.2004, c.109, sections 1 and 2 of P.L.2005, c.196, sections 1 and 2 of P.L.2006, c.68, sections 1 and 2 of P.L.2007, c.139, sections 1 and 2 of P.L.2008, c.68, sections 1 and 2 of P.L.2009, c.102, sections 1 and 2 of P.L.2010, c.63, sections 1 and 2 of P.L.2011, c.93, sections 1 and 2 of P.L.2012, c.43, sections 1 and 2 of P.L.2013, c.95, sections 1 and 2 of P.L.2014, c.25, sections 1 and 2 of P.L.2015, c.108, sections 1 and 2 of P.L.2016, c.32, as amended by P.L.2017, c.14, sections 1 and 2 of P.L.2017, c.143, as amended by P.L.2017, c.326, [and] sections 1 and 2 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, and sections 1 and 2 of P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), including amounts resulting from the low bid and final building cost reductions authorized pursuant to section 6 of P.L.1987, c.200, section 7 of P.L.1988, c.133, section 6 of P.L.1989, c.189, section 6 of P.L.1990, c.99, section 6 of P.L.1991, c.325, section 6 of P.L.1992, c.38, section 6 of P.L.1993, c.193, section 6 of P.L.1994, c.106, section 6 of P.L.1995, c.219, section 6 of P.L.1996, c.85, section 6 of P.L.1997, c.221, section 7 of P.L.1998, c.84, section 6 of P.L.1999, c.174, section 6 of P.L.2000, c.92, section 6 of P.L.2001, c.222, section 6 of P.L.2002, c.70, section 6 of P.L.2003, c.158, section 6 of P.L.2004, c.109, section 6 of P.L.2005, c.196, section 6 of P.L.2006, c.68, section 6 of P.L.2007, c.139, section 6 of P.L.2008, c.68, section 7 of P.L.2009, c.102, section 6 of P.L.2010, c.63, section 6 of P.L.2011, c.93, section 6 of P.L.2012, c.43, section 6 of P.L.2013, c.95, section 7 of P.L.2014, c.25, section 7 of P.L.2015, c.108, section 7 of P.L.2016, c.32, as amended by P.L.2017, c.14, section 7 of P.L.2017, c.143 as amended by P.L.2017, c.326, section 7 of P.L.2018, c.85, as amended by P.L.2018, c.137 and P.L.2019, c.12, and section 7 of P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), and from any repayments of loans and interest from the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the “Water Supply Fund,” the "1992 Wastewater Treatment Fund," the "2003 Water Resources and Wastewater Treatment Fund," and amounts deposited therein during State fiscal year 2018 and State fiscal year 2019 pursuant to the provisions of section 16 of P.L.1985, c.329, and section 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, including any Clean Water State Revolving Fund Accounts contained within the "Wastewater Treatment Fund," and from any repayment of loans and interest from the Drinking Water State Revolving Fund.

e. The department is authorized to make zero interest and principal forgiveness Sandy financing loans to or on behalf of the project sponsors for the Sandy environmental infrastructure projects listed in subsection a. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) 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] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), or if a project fails to meet the requirements of section 4, 5, or 7 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), 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] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill):

“Base financing” means zero interest loans provided by the Department of Environmental Protection from moneys made available for the purposes of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) from any source other than funds received pursuant to the Federal Disaster Relief Appropriations Act, related State matching funds, and interest earned thereon.

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

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

(cf: P.L.2019, c.193, s.1)

2. Section 2 of P.L.2019, c.193 is amended to read as follows:

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

Project Sponsor	Project Number	Estimated Allowable DEP Loan Amount	Estimated Total Allowable Loan Amount
North Hudson SA	S340952-19-1	$525,000	$700,000
Rockaway Valley RSA	S340821-06-1	$581,250	$775,000
Total projects: [1] 2		[$525,000] $1,106,250	[$700,000] $1,475,000

(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] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) and the loan amounts certified by the Commissioner of Environmental Protection in State fiscal year 2017 and for increased allowable costs as defined and determined in accordance with the rules and regulations adopted by the department pursuant to section 4 of P.L.1985, c.329. The loans authorized in this subsection shall be made to or on behalf of the project sponsors listed, up to the individual amounts indicated and in the priority stated, to the extent sufficient funds are available, except as a project fails to meet the requirements of section 4, 5, or 7 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill).

(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] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill).

b. The Department of Environmental Protection is authorized to adjust the allowable Department of Environmental Protection loan amount for projects authorized in this section to between 25 percent and 75 percent of the total allowable loan amount, and loan amounts to less than 25 percent to the extent the priority ranking or an insufficiency of funding prevents the department from making the loan.

(cf: P.L.2019, c.193, s.2)

3. Section 3 of P.L.2019, c.193 is amended to read as follows:

3. a. (1) The following environmental infrastructure projects shall be known and may be cited as the "Storm Sandy and State Fiscal Year 2020 Clean Water Project Eligibility List":

Project Sponsor	Project Number	Estimated Allowable DEP Loan Amount	Estimated Total Loan Amount
Camden County MUA	S340640-17	$2,625,000	$3,500,000
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
Elizabeth City	S340942-19	$5,775,000	$7,700,000
Camden County MUA	S340640-18	$63,022,500	$84,030,000
North Bergen MUA	S340652-14	$17,250,000	$23,000,000
Jersey City MUA	S340928-20	$5,400,000	$7,200,000
[Bayshore RSA	S340697-06	$11,325,000	$15,100,000]
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	S340928-15	$30,750,000	$41,000,000
Jersey City MUA	S340928-34	$885,885	$1,181,180
Elizabeth City	S340942-17	$4,875,000	$6,500,000
Camden County MUA	S340640-13	$9,600,000	$12,800,000
Long Branch SA	S340336-08	$1,305,525	$1,740,700
Ocean County UA	S340372-59	$5,715,000	$7,620,000
Hoboken City	S340635-07	$3,750,000	$5,000,000
[Perth Amboy City	S340435-13	$637,500	$850,000]
Hoboken City	S340635-06	$52,500,000	$70,000,000
Hoboken City	S340635-09	$375,000	$500,000
Mount Laurel Township MUA	S340943-06	$5,400,000	$7,200,000
Jersey City	S340928-30	$2,033,250	$2,711,000
North Hudson SA	S340952-22	[$13,500,000] $13,875,000	[$18,000,000] $18,500,000
North Hudson SA	S340952-23	$2,325,000	$3,100,000
North Hudson SA	S340952-30	$17,400,000	$23,200,000
North Hudson SA	S345190-01	$4,500,000	$6,000,000
Riverside SA	S340490-01	$630,000	$840,000
Perth Amboy City	S340435-11	$4,844,513	$6,459,351
Perth Amboy City	S340435-14	$1,956,000	$2,608,000
Perth Amboy City	S345220-01	$750,000	$1,000,000
Somerset Raritan Valley SA	S340801-07	$25,500,000	$34,000,000
Passaic Valley SC	S340689-39	$3,612,000	$4,816,000
Passaic Valley SC	S340689-38	$15,750,000	$21,000,000
Passaic Valley SC	S340689-30	$2,775,000	$3,700,000
Passaic Valley SC	S340689-31	$3,000,000	$4,000,000
Passaic Valley SC	S340689-32	$7,500,000	$10,000,000
Passaic Valley SC	S340689-25	$6,825,000	$9,100,000
Northwest Bergen County UA	S340700-16	$3,675,000	$4,900,000
[Jersey City MUA	S340928-28	$2,025,000	$2,700,000
Jersey City MUA	S340928-31	$8,294,700	$11,059,600
Gloucester City	S340958-08	$1,575,000	$2,100,000]
Linden Roselle SA	S340299-09	$1,575,000	$2,100,000
Linden Roselle SA	S340299-08	$12,750,000	$17,000,000
Roxbury Township	S340381-07	$5,625,000	$7,500,000
Raritan Township MUA	S340485-12	$3,675,000	$4,900,000
Stafford Township	S344100-03	$4,200,000	$5,600,000
Stony Brook RSA	S340400-10	$4,275,000	$5,700,000
[Ocean County	S344080-09	$975,000	$1,300,000]
JMEUC - East Orange City	S340686-09a	$465,378	$620,504
JMEUC - Elizabeth City	S340686-09b	$4,879,407	$6,505,876
JMEUC - Hillside Township	S340686-09c	$681,323	$908,430
JMEUC - Irvington Township	S340686-09d	$1,689,260	$2,252,347
JMEUC - Newark City	S340686-09e	$1,022,282	$1,363,042
JMEUC - South Orange Village Township	S340686-09f	$488,105	$650,806
JMEUC - Summit City	S340686-09g	$889,742	$1,186,322
JMEUC - Union Township	S340686-09h	$1,837,001	$2,449,335
JMEUC - West Orange Township	S340686-09i	$1,189,072	$1,585,429
Howell Township	S344040-02	$11,010,000	$14,680,000
Rutgers University	S340500-01	$27,750,000	$37,000,000
Little Egg Harbor Township	S344060-02	[$3,187,500] $3,375,000	[$4,250,000] $4,500,000
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
Ocean County	S344080-09	$975,000	$1,300,000
Western Monmouth UA	S340128-06	$9,825,000	$13,100,000
Point Pleasant Beach Borough	S344190-02	[$2,250,000] $2,362,500	[$3,000,000] $3,150,000
[Lakewood Township MUA	S340465-03	$1,080,000	$1,440,000
Kearny MUA	S340259-07	$4,875,000	$6,500,000
Tuckerton Borough	S340034-03	$1,053,905	$1,405,206]
New Jersey Water Supply Authority	S340421-02	$56,250,000	$75,000,000
Long Branch SA	S340336-09	$4,200,000	$5,600,000
Manasquan River RSA	S340911-03	$495,000	$660,000
Montclair Township	S340837-04	$1,275,000	$1,700,000
[Middlesex County UA	S340699-13	$30,000,000	$40,000,000

Atlantic County UA	S340809-24	$375,000	$500,000
Rockaway Valley RSA	S340821-06	$6,000,000	$8,000,000]
Middlesex County UA	S340699-12	$66,000,000	$88,000,000
Middlesex County UA	S340699-14	$8,250,000	$11,000,000
Monmouth County Bayshore Outfall Authority	S340325-04	$2,250,000	$3,000,000
Toms River MUA	S340145-06	$565,650	$754,200
Ocean County UA	S340372-60	$652,500	$870,000
Brick Township MUA	S340448-11	[$3,958,723] $4,275,000	[$5,278,297] $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	[$5,850,000] $5,887,500	[$7,800,000] $7,850,000
Old Bridge MUA	S340945-14	$2,467,500	$3,290,000
Franklin Township SA	S340839-07	$1,875,000	$2,500,000
Franklin Township SA	S340839-08	$3,150,000	$4,200,000
Montclair Township	S340837-03	$1,275,000	$1,700,000
Ocean Township SA	S340750-13	$412,500	$550,000
Ocean Township SA	S340750-14	$1,875,000	$2,500,000
Ocean Township SA	S340750-12	[$3,075,000] $3,375,000	[$4,100,000] $4,500,000
Ocean County UA	S340372-58	$3,323,250	$4,431,000
[Burlington Township	S340712-16	$720,000	$960,000]
Vernon Township	S340745-03	$82,500	$110,000
West Deptford Township	S340947-05	$1,061,250	$1,415,000
Princeton	S340656-11	$2,944,259	$3,925,678
Warren Township SA	S340964-05	$8,100,000	$10,800,000
Middlesex Borough	S340698-02	$1,926,563	$2,568,750
North Haledon Borough	S340229-02	$75,000	$100,000
Glen Ridge Borough	S340861-03	$334,386	[$445,848] $445,849
Glen Ridge Borough	S340861-04	[$1,392,109] $1,725,000	[$1,856,145] $2,300,000
Bradley Beach Borough	S340472-01	$2,025,000	$2,700,000
Lambertville MUA	S340882-10	$525,000	$700,000
Hamburg Borough	S340149-03	$75,000	$100,000
Long Beach Township	S340023-07	$3,450,000	$4,600,000
Long Beach Township	S340023-08	$90,000	$120,000
Ship Bottom Borough	S340311-03	$3,525,000	$4,700,000
[Atlantic County UA	S340809-28	$3,075,000	$4,100,000
Somerset Raritan Valley SA	S340801-08	$12,375,000	$16,500,000]
Passaic Valley SC	S340689-45	$7,657,577	$10,210,102
Plumsted Township	S340607-03	$20,250,000	$27,000,000
Lakewood Township MUA	S340465-02	$3,240,000	$4,320,000
Aberdeen Township	S340869-02	$6,750,000	$9,000,000
Cumberland County	S340438-03	$12,750,000	$17,000,000
Cranford Township	S340858-04	$9,000,000	$12,000,000
New Jersey Water Supply Authority	S340421-01	$42,600,000	$56,800,000
Gloucester Township	S340364-15	$1,087,500	$1,450,000
Spotswood Borough	S340510-01	$4,070,250	$5,427,000
Paulsboro Borough	S340164-01	$2,062,500	$2,750,000
Bradley Beach Borough	S340472-02	$1,942,538	$2,590,050
[Perth Amboy City	S340435-18	$1,327,500	$1,770,000]
Clinton Town	S340924-07	$600,000	$800,000
Sussex County MUA	S342008-04	$5,552,370	$7,403,160
Kearny Town	S340259-12	$16,125,000	$21,500,000
Gloucester County IA	S342016-03	$10,419,930	$13,893,240
Lakewood Township MUA	S340465-03	$1,200,000	$1,600,000
Bloomfield Township	S340516-01	$5,423,228	$7,230,970
North Brunswick Township	S340888-02	$6,000,000	$8,000,000
Manchester Township	S340650-08	$2,250,000	$3,000,000
Point Pleasant Beach Borough	S340479-04	$1,447,500	$1,930,000
Allentown Borough	S340567-06	$498,704	$664,938
[Gloucester County IA	S342016-03	$10,419,930	$13,893,240
Somerville Borough	S342013-01	$8,625,000	$11,500,000]
Total Projects: [72] 122		[$290,502,860] $857,699,125	[$387,337,143] $1,143,598,827

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

Project Sponsor	Project Number	Estimated Total Project Cost
Pemberton	Pinelands 1	$2,929,000
Manchester Twp/Jackson MUA	Pinelands 2	$7,192,035
Galloway	Pinelands 4	$3,493,440
Winslow	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 2020 Drinking Water Project Eligibility List”:

Project Sponsor	Project Number	Estimated Allowable DEP Loan Amount	Estimated Total Loan Amount
Newark City	0714001-019	[$9,131,250] $9,375,000	[$12,175,000] $12,500,000
Trenton City	1111001-011	$15,255,000	$20,340,000
Bloomfield Township	0702001-003	$823,796	$1,098,395
NJ American Water Co., Inc.	1345001-017	$7,575,000	$10,100,000
Newark City	0714001-016	$10,500,000	$14,000,000
Moorestown Township	0322001-001	$18,468,750	$24,625,000
Brick Township MUA	1506001-011	$15,667,500	$20,890,000
North Jersey District Water Supply Comm.	1613001-022	$12,750,000	$17,000,000
North Jersey District Water Supply Comm.	1613001-025	[$18,000,000] $23,625,000	[$24,000,000] $31,500,000
East Greenwich	0803001-004	$1,710,150	$2,280,200
Jersey City MUA	0906001-017	$1,305,180	$1,740,240
Newark City	0714001-018	$3,862,500	$5,150,000
[Lakehurst Borough	1513001-002	$813,475	$1,084,633]
Jersey City MUA	0906001-019	$5,025,000	$6,700,000
NJ American Water Co., Inc.	1345001-021	$19,758,750	$26,345,000
Netcong Borough	1428001-007	$2,775,000	$3,700,000
Manchester Township	1518005-002	$4,125,000	$5,500,000
Lower Township MUA	0505002-003	$5,192,555	$6,923,406
Paulsboro Borough	0814001-003	$2,100,000	$2,800,000
North Jersey District Water Supply Comm.	1613001-033	$3,075,000	$4,100,000
Middlesex Water Co.	1225001-029	$54,000,000	$72,000,000
Netcong Borough	1428001-008	$825,000	$1,100,000
Middlesex Water Co.	1225001-028	$8,400,000	$11,200,000
Wall Township	1352003-001	$1,350,000	$1,800,000
Wall Township	1352003-002	$2,775,000	$3,700,000
Clinton Town	1005001-010	$1,086,140	$1,448,187
Clinton Town	1005001-011	$949,355	$1,265,807
Glen Ridge Borough	0708001-008	$1,929,908	$2,573,210
Netcong Borough	1428001-009	$300,000	$400,000
Jackson Township MUA	1511001-013	$15,000,000	$20,000,000
Berkeley Township MUA	1505004-009	[$1,650,000] $1,875,000	[$2,200,000] $2,500,000
Jersey City MUA	0906001-015	$2,691,950	$3,589,266
Hoboken City	0905001-001	$6,375,000	$8,500,000
Jackson Township MUA	1511001-010	$6,150,000	$8,200,000
[Bellmawr Borough	0404001-006	$1,725,000	$2,300,000
Gloucester City	0414001-022	$900,000	$1,200,000]
Ship Bottom Borough	1528001-002	$2,812,500	$3,750,000
[Tuckerton Borough	1532002-006	$1,102,613	$1,470,150
Long Beach Township	1517001-501	$1,725,000	$2,300,000]
Middlesex Water Co.	1225001-025	$42,750,000	$57,000,000
Evesham MUA	0313001-001	$1,950,000	$2,600,000
Long Beach Township	1517001-502	$8,625,000	$11,500,000
Moorestown Township	0322001-002	[$10,500,000] $11,430,000	[$14,000,000] $15,240,000
Brick Township MUA	1506001-009	$4,446,570	$5,928,760
Brick Township MUA	1506001-010	$870,000	$1,160,000
Stafford Township	1530004-019	$1,425,000	$1,900,000
[National Park Borough	0812001-004	$1,275,000	$1,700,000]
Hoboken City	0905001-002	$6,000,000	$8,000,000
Long Beach Township	1517001-015	$3,119,401	$4,159,201
[Old Bridge MUA	1209002-013	$3,000,000	$4,000,000]
Lakehurst Borough	1513001-002	$813,475	$1,084,633
East Windsor MUA	1101002-005	$1,500,000	$2,000,000
Aberdeen Township	1330004-001	$2,925,000	$3,900,000
Spotswood Borough	1224001-001	$2,582,936	$3,443,914
Milltown Borough	1212001-005	$1,350,000	$1,800,000
Hightstown Borough	1104001-010	$1,331,759	$1,775,678
Allentown Borough	1302001-002	$411,825	$549,100
NJ American Water Co., Inc.	2004002-013	$12,000,000	$16,000,000
Jackson Township MUA	1511001-012	$8,250,000	$11,000,000
Marlboro Township	1328002-003	$1,285,500	$1,714,000
Brielle Borough	1308001-004	$1,845,000	$2,460,000
Brick Township MUA	1506001-012	$4,065,000	$5,420,000
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
High Bridge Borough	1014001-001	$75,000	$100,000
Hardyston MUA	1911006-003	$75,000	$100,000
Total Projects: [44] 62		[$200,250,068] $395,523,000	[$267,000,088] $527,363,997

c. The Department of Environmental Protection is authorized to adjust the allowable Department of Environmental Protection loan amount for projects authorized in this section to between 25 percent and 75 percent of the total allowable loan amount and loan amounts to less than 25 percent to the extent the priority ranking or an insufficiency of funding prevents the department from making the loan.

(cf: P.L.2019, c.193, s.3)

4. Section 4 of P.L.2019, c.193 is amended to read as follows:

4. Any financing loan made by the Department of Environmental Protection pursuant to [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) 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. A loan for an environmental infrastructure project listed in section 2 or 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) shall be subject to the terms and conditions of the financing program year in which the trust issued an interim financing program fund loan for such project or the terms and conditions of the State fiscal year 2020 financing program in the absence of an interim financing program fund loan.

c. The estimated Department of Environmental Protection allowable loan amount shall not exceed 75 percent of the total allowable loan amount of the environmental infrastructure facility for projects listed in subsections a. [and b.] of section 2 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), and in subsections a. and b. of section 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), provided that:

(1) for clean water project and drinking water project loans to (a) municipalities that do not satisfy the New Jersey Infrastructure Bank credit policy but are subject to State financial supervision and oversight pursuant to the "Local Government Supervision Act (1947)," P.L.1947, c.151 (C.52:27BB-1 et seq.), or (b) municipal, county, or regional sewerage authorities, or utilities authorities, that do not satisfy the New Jersey Infrastructure Bank credit policy but where the municipal participant through its service agreement with the authority or utility is under State financial supervision and oversight pursuant to the "Local Government Supervision Act (1947)," P.L.1947, c.151 (C.52:27BB-1 et seq.), and the repayment obligation of the authority or utility is secured by the full faith and credit of the participating municipality pursuant to the service agreement, the Department of Environmental Protection allowable loan amount shall be up to 100 percent of the total allowable loan amount not to exceed a total of $10 million for all such loans;

(2) for clean water and drinking water loans to municipalities receiving funding under the United States Department of Housing and Urban Development Community Development Block Grant – Disaster Recovery Program (CDBG-DR) the Department of Environmental Protection allowable loan amount shall be up to 100 percent of the total allowable loan amount; [and]

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

(4) for clean water project and drinking water project loans to municipalities receiving funding under the “Pinelands Infrastructure Trust Fund” established pursuant to the “Pinelands Infrastructure Trust Bond Act of 1985,” P.L.1985, c.302, the Department of Environmental Protection allowable loan amount shall be up to 100 percent of the total allowable loan amount.

d. With the exception of paragraphs (1) [and] , (2) , and (4) of subsection c. of this section, the loan shall be conditioned upon approval of a loan from the New Jersey Infrastructure Bank pursuant to P.L.2019, c.192 , as amended by P.L. , c. (pending before the Legislature as Senate Bill No. 4202 and Assembly Bill No. of 2019), prior to June 30, 2020;

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

f. The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) to loans made by the New Jersey Infrastructure Bank pursuant to P.L.2019, c.192 , as amended by P.L. , c. (pending before the Legislature as Senate Bill No. 4202 and Assembly Bill No. of 2019), or to administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5).

(cf: P.L.2019, c.193, s.4)

5. Section 5 of P.L.2019, c.193 is amended to read as follows:

5. Any Sandy financing loan made by the Department of Environmental Protection pursuant to [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) shall be subject to the following requirements:

a. The commissioner has certified that the project is in compliance with the provisions of Title X, Chapter 7 of the Federal "Disaster Relief Appropriations Act of 2013" (Pub.L.113-2), and any amendatory and supplementary acts thereto;

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

c. The loan shall be subject to any other terms and conditions as may be established by the commissioner and approved by the State Treasurer, which may include, notwithstanding any other provision of law to the contrary, subordination of a loan authorized in [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) to loans made by the trust pursuant to P.L.2019, c.192 , as amended by P.L. , c. (pending before the Legislature as Senate Bill No. 4202 and Assembly Bill No. of 2019) prior to June 30, 2020, or to administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5).

(cf: P.L.2019, c.193, s.5)

6. Section 6 of P.L.2019, c.193 is amended to read as follows:

6. The eligibility lists and authorization for the making of loans pursuant to sections 2 and 3 of [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) shall expire on July 1, 2020, and any project sponsor which has not executed and delivered a loan agreement with the department for a loan authorized in [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) shall no longer be entitled to that loan.

(cf: P.L.2019, c.193, s.6)

7. Section 7 of P.L.2019, c.193 is amended to read as follows:

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] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) 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] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) in an amount not to exceed 10 percent of the total allowable loan amount based upon additional project costs to comply with the Department of Environmental Protection's guidance for asset management, emergency response, flood protection, and auxiliary power.

(cf: P.L.2019, c.193, s.7)

8. Section 8 of P.L.2019, c.193 is amended to read as follows:

8. The expenditure of the funds appropriated by [this act] P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill) is subject to the provisions and conditions of P.L.1977, c.224, P.L.1085, c.302, P.L.1985, c.329, P.L.1989, c.181, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and the rules and regulations adopted by the Commissioner of Environmental Protection pursuant thereto, and the provisions of the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act or the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto, as appropriate.

(cf: P.L.2019, c.193, s.8)

9. Section 10 of P.L.2019, c.193 is amended to read as follows:

10. a. Prior to repayment to the Clean Water State Revolving Fund pursuant to sections 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the “1992 Wastewater Treatment Fund” pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, prior to repayment to the "2003 Water Resources and Wastewater Treatment Fund" pursuant to the provisions of section 20 of P.L.2003, c.162, [or] prior to repayment to the “Water Supply Fund” pursuant to the provisions of section 15 of P.L.1981, c.261, or prior to 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, and approved by the State Treasurer, and consistent with the provisions of P.L.1985, c.334 (C.58:11B‑1 et seq.) and federal tax, environmental or securities law, to the extent necessary to secure repayment of trust bonds issued to finance loans approved pursuant to P.L.2019, c.192 , as amended by P.L. , c. (pending before the Legislature as Senate Bill No. 4202 and Assembly Bill No. of 2019), and to secure the administrative fees payable to the trust pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5) by the project sponsors receiving trust loans.

b. Prior to repayment to the Clean Water State Revolving Fund pursuant to section 1 and 2 of P.L.2009, c.77 and any amendatory and supplementary acts thereto, prior to repayment to the "Wastewater Treatment Fund" pursuant to the provisions of section 16 of P.L.1985, c.329, prior to repayment to the "1992 Wastewater Treatment Fund" pursuant to the provisions of section 28 of P.L.1992, c.88, prior to repayment to the "Water Supply Fund" pursuant to the provisions of section 15 of P.L.1981, c.261, prior to repayment to the Drinking Water State Revolving Fund, prior to repayment to the “2003 Water Resources and Wastewater Treatment Fund” pursuant to the provisions of section 20 of P.L.2003, c.162, [or] prior to repayment to the "Stormwater Management and Combined Sewer Overflow Abatement Fund" pursuant to the provisions of section 15 of P.L.1989, c.181, 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 and P.L.2019, c.12, or P.L.2019, c.193, as amended by P.L. , c. (pending before the Legislature as this bill), to secure repayment of trust bonds issued to finance loans approved pursuant to P.L.1995, c.218, P.L.1996, c.87, P.L.1997, c.222, P.L.1998, c.85, P.L.1999, c.173, P.L.2000, c.93, P.L.2001, c.224, P.L.2002, c.71, P.L.2003, c.159, P.L.2004, c.110, P.L.2005, c.197, P.L.2006, c.67, P.L.2007, c.140, P.L.2008, c.67, P.L.2009, c.101, P.L.2010, c.62, P.L.2011, c.95, P.L.2012, c.38, P.L.2013, c.94, P.L.2014, c.26, P.L.2015, c.107, P.L.2016, c.31, P.L.2017, c.142, as amended by P.L.2017, c.327, P.L.2018, c.84 as amended by P.L.2019, c.30, or P.L.2019, c.192 , as amended by P.L. , c. (pending before the Legislature as Senate Bill No. 4202 and Assembly Bill No. of 2019), and to secure the administrative fees payable to the trust under these loans pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B‑5).

c. To the extent that any loan repayment sums are used to satisfy any trust bond repayment or administrative fee payment deficiencies, the trust shall repay such sums to the department for deposit into the Clean Water State Revolving Fund, the "Wastewater Treatment Fund," the "1992 Wastewater Treatment Fund," the "Water Supply Fund," the Drinking Water State Revolving Fund, the "2003 Water Resources and Wastewater Treatment Fund," [or] the "Stormwater Management and Combined Sewer Overflow Abatement Fund," 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.

(cf: P.L.2019, c.193, s.10)

10. This act shall take effect immediately.

STATEMENT

This bill would amend the list of environmental infrastructure projects approved by the Legislature for long-term funding for Fiscal Year 2020 to include new projects, remove certain projects, and modify the estimated loan amounts for certain projects.

Under current law, on or before May 15 each year, the New Jersey Infrastructure Bank (“NJIB”) is required to submit a list of environmental infrastructure projects, known as the project eligibility list, to be approved by the Legislature for long-term funding. The list is introduced in each House in the form of legislative appropriations bills. In August 2019, P.L.2019, c.193 was enacted into law, which appropriated funds to the Department of Environmental Protection (DEP) for the purpose of financing approximately $655.04 million in Storm Sandy and other environmental infrastructure projects through the NJIB in Fiscal Year 2020. In August 2016, P.L.2016, c.30 was enacted into law, which, among other things, provided the NJIB with the authority to submit an additional project eligibility list, by October 15 of each year, for approval by the Legislature. Pursuant to that authority, the NJIB submitted an additional project eligibility list and revisions to the list approved in P.L.2019, c.193. This bill would amend P.L.2019, c.193 to include those new projects, remove certain projects, and modify the estimated DEP loan amounts for certain projects. Under this bill and P.L.2019, c.193, approximately $1.7 billion would be made available for Storm Sandy and other environmental infrastructure projects in Fiscal Year 2020.

Certain projects have been removed from the list of projects approved for funding either because they have already received long-term funding or because the projects will not be ready to receive funding before the end of Fiscal Year 2020 under NJIB program requirements. Funding sources for NJIB project loans include federal capitalization grants, State bond issue proceeds, State match, various prior legislative appropriations, loan repayments, interest earnings, and market rate loans made by the NJIB.

The bill also authorizes the DEP to make clean water project loans to four municipalities in the Pinelands area that are receiving funding under the “Pinelands Infrastructure Trust Fund” established pursuant to the “Pinelands Infrastructure Trust Bond Act of 1985,” P.L.1985, c.302. The DEP allowable loan amount for such projects may be up to 100 percent of the total allowable loan amount specified in the bill.

The bill also authorizes the DEP to transfer from the Clean Water State Revolving Fund to the Drinking Water State Revolving fund additional funds that are necessary to address a threat to public health. The federal “Water Infrastructure Funding Transfer Act,” Pub.L.116-63, authorizes the State to make such transfers in order to address lead in drinking water.