An Act concerning the financing of environmental infrastructure projects in Fiscal Year 2022 and amending P.L.2021, c.203.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2021, c.203 is amended to read as follows:
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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 amended by P.L.2021, c.316, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, and for the purpose of implementing and administering the provisions of P.L.2021, c.203, as amended by P.L.2021, c.328, 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.
(22) There is appropriated to the department such amounts as may be received by the department under the Sewer Overflow and Stormwater Reuse Grants Program, as the grantee from the United States Environmental Protection Agency, as may be available on or before June 30, 2022, for the purposes of eligible clean water project grants.
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 P.L.2021, c.203, as amended by P.L.2021, c.328, for clean water projects, up to the individual amounts indicated and in the priority stated, to the extent there are sufficient eligible project applications, except that any such amounts may be reduced if a project fails to meet the requirements of sections 4 or 5 of P.L.2021, c.203, as amended by P.L.2021, c.328, or by the Commissioner of Environmental Protection pursuant to section 7 of P.L.2021, c.203, as amended by P.L.2021, c.328.
(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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 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.
(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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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) To the extent funds designated in State fiscal year 2021 are available, a maximum of $500,000 in principal forgiveness loans shall be issued to finance clean water environmental infrastructure projects as provided in subsection a. of section 3 of P.L.2021, c.203, as amended by P.L.2021, c.328, 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 total loan amount per project in an amount not to exceed $100,000 per project sponsor.
(4) A maximum of $1 million in principal forgiveness loans for combined sewer overflow or stormwater management projects shall be issued to finance up to 20 percent of project costs for projects that qualify for a Sewer Overflow and Stormwater Reuse grant. 100 percent of the principal of the loan shall be forgiven, and the remaining project costs shall be financed through a Sewer Overflow and Stormwater Reuse grant from the department.
(5) The projects listed in subsection a. of section 2 of P.L.2021, c.203, as amended by P.L.2021, c.328, and subsection a. of section 3 of P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 may be authorized for up to 100 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 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 $36 million per water system for systems with greater than 5,000 known lead service lines. Notwithstanding the principal forgiveness limitations set forth in this paragraph, the department may increase the amount of principal forgiveness by one percent increments for each qualifying principal forgiveness loan, up to a maximum of the applicable cap amount, until the total amount of funds appropriated to the department for principal forgiveness pursuant to the federal "Water Infrastructure Funding Transfer Act," Pub.L.116-63, is exhausted.
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 P.L.2021, c.203, as amended by P.L.2021, c.328, or if a project fails to meet the requirements of section 4 or 5 of P.L.2021, c.203, as amended by P.L.2021, c.328; and
(3) Those projects listed in subsections a. and b. of section 3 of P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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, and sections 1 and 2 of P.L.2021, c.203, as amended by P.L.2021, c.328, 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, section 7 of P.L.2020, c.49, as amended by P.L.2021, c.21, and section 7 of P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, for clean water projects, and subsection b. of section 3 of P.L.2021, c.203, as amended by P.L.2021, c.328 for drinking 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 P.L.2021, c.203, as amended by P.L.2021, c.328, or if a project fails to meet the requirements of section 4, 5, or 7 of P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328:
"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 or drinking water projects, or clean water or drinking 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. Section 2 of P.L.2021, c.203 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 Project Estimated Estimated
Sponsor Number Allowable DEP Total 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
Warren Twp. SA S340964-05R $3,750,000 $5,000,000
Somerville Borough S342013-01-1 $1,387,500 $1,850,000
Total Projects: 12 $60,337,500 $80,450,000
(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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328.
(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 P.L.2021, c.203, as amended by P.L.2021, c.328.
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 Project Estimated Estimated
Sponsor Number Allowable DEP Total 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328.
(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 P.L.2021, c.203, as amended by P.L.2021, c.328.
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 in 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. Section 3 of P.L.2021, c.203 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 2022 Clean Water Project Eligibility List”:
Project Project Estimated Estimated
Sponsor Number Allowable DEP Total Loan
Loan Amount Amount
Musconetcong SA S340384-09 $4,500,000 $6,000,000
Camden County MUA S340640-20 $2,250,000 $3,000,000
Newark City S340815-28 $4,500,000 $6,000,000
Newark City S340815-24 $17,250,000 $23,000,000
Hopatcong Borough S340488-08 $450,000 $600,000
Jersey City MUA S340928-24 $81,000,000 $108,000,000
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 $3,750,000 $5,000,000
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
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 S340435-14 $1,956,000 $2,608,000
Hackensack City S340923-14 $6,000,000 $8,000,000
Somerset Raritan Valley SA S340801-09 $4,875,000 $6,500,000
Passaic Valley SC S340689-37 $91,125,000 $121,500,000
Passaic Valley SC S345200-01 $7,125,000 $9,500,000
Bergen County UA S340386-21 $5,700,000 $7,600,000
Northwest Bergen County UA S340700-18 $1,500,000 $2,000,000
Linden Roselle SA S340299-08 $20,250,000 $27,000,000
Clinton Town S340924-08 $3,075,000 $4,100,000
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 S340821-08 $11,625,000 $15,500,000
Ocean County S344080-09 $975,000 $1,300,000
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
New Jersey Water Supply Authority S340421-02 $64,575,000 $86,100,000
Long Branch SA S340336-09 $4,200,000 $5,600,000
Stafford Twp. S340946-07 $3,750,000 $5,000,000
Manasquan River RSA S340911-03 $495,000 $660,000
Delran Twp. S340794-10 $1,575,000 $2,100,000
Monmouth County Bayshore Outfall Authority S340325-04 $2,625,000 $3,500,000
Camden County MUA S340640-28 $5,625,000 $7,500,000
Warren Twp. SA S340964-05 $3,750,000 $5,000,000
Atlantic County UA S340809-29 $3,000,000 $4,000,000
Lambertville MUA S340882-09 $1,350,000 $1,800,000
Atlantic County UA S340809-30 $7,575,000 $10,100,000
Lambertville MUA S340882-10 $525,000 $700,000
Toms River MUA S340145-05 $3,375,000 $4,500,000
Toms River MUA S340145-08 $1,018,800 $1,358,400
Two Rivers Water Reclamation Authority S340117-09 $3,150,000 $4,200,000
Brick Twp. MUA S340448-11 $4,275,000 $5,700,000
Paulsboro Borough S340164-01 $2,062,500 $2,750,000
Northwest Bergen County UA S340700-15 $5,250,000 $7,000,000
Northwest Bergen County UA S340700-19 $6,099,338 $8,132,450
Franklin Twp. SA S340839-09 $5,625,000 $7,500,000
Franklin Twp. SA S340839-08 $3,150,000 $4,200,000
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
Scotch Plains Twp. S340512-01 $2,025,000 $2,700,000
Carteret Borough S340939-10 $4,950,000 $6,600,000
Burlington Twp. S340712-17 $750,000 $1,000,000
Somerset Raritan Valley SA S340801-07 $25,500,000 $34,000,000
Princeton S340656-11 $2,944,259 $3,925,678
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 $3,375,000 $4,500,000
Glen Ridge Borough S340861-03 $334,387 $445,849
Buena Borough MUA S340518-06 $973,500 $1,298,000
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
Lower Twp. MUA S340810-05 $22,500,000 $30,000,000
Greenwich Twp. S340359-02 $1,650,000 $2,200,000
Marlboro Twp. S340268-02 $723,188 $964,250
Mantua Twp. MUA S340514-02 $1,687,500 $2,250,000
Newton Town S340449-04 $403,500 $538,000
Cranford Twp. S340858-04 $2,625,000 $3,500,000
Northfield City S340508-02 $112,500 $150,000
Spotswood Borough S340510-01 $4,070,250 $5,427,000
North Hudson SA S340952-36 $675,000 $900,000
Clinton Town S340924-07 $600,000 $800,000
Kearny Town S340259-12 $16,125,000 $21,500,000
Jersey City MUA S340928-32 $9,225,000 $12,300,000
Atlantic City MUA S340439-04 $2,300,000 $3,066,667
Jersey City MUA S340928-33 $6,750,000 $9,000,000
East Orange City S340843-03 $12,000,000 $16,000,000
Burlington City S340140-02 $1,950,000 $2,600,000
Raritan Twp. MUA S340485-12 $3,675,000 $4,900,000
Bloomfield Twp. S340516-01 $5,423,228 $7,230,970
Northwest Bergen County UA S340700-16 $3,675,000 $4,900,000
University Hospital S340500-03 $5,850,000 $7,800,000
Ship Bottom Borough S340311-04 $2,062,500 $2,750,000
Total Projects: 100 $731,572,751 $975,430,300
(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 Estimated Total
Number 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 “Storm Sandy and State Fiscal Year 2022 Drinking Water Project Eligibility List”:
Project Project Estimated Estimated
Sponsor Number Allowable DEP Total Loan
Loan Amount Amount
NJ American Water Co., Inc. 2004002-012 $15,000,000 $20,000,000
East Windsor MUA 1101002-005 $1,500,000 $2,000,000
South Orange Village 0719001-012 $600,000 $800,000
Old Bridge MUA 1209002-005 $2,025,000 $2,700,000
NJ American Water Co., Inc. 2004002-013 $12,000,000 $16,000,000
Jersey City MUA 0906001-021 $8,250,000 $11,000,000
Lakeshore Co. 1413001-001 $375,000 $500,000
Hoboken City 0905001-002 $6,000,000 $8,000,000
Glen Ridge Borough 0708001-008 $1,929,908 $2,573,210
Brielle Borough 1308001-004 $1,845,000 $2,460,000
Moorestown Twp. 0322001-002 $11,430,000 $15,240,000
Woodbine Borough 0516001-001 $3,750,000 $5,000,000
Woodland Heights Homeowners Association 1615022-001 $420,000 $560,000
Jersey City MUA 0906001-020 $4,965,000 $6,620,000
Newark City 0714001-018 $3,862,500 $5,150,000
Lakehurst Borough 1513001-002 $900,000 $1,200,000
Orange City 0717001-014 $1,500,000 $2,000,000
Jersey City MUA 0906001-009 $3,750,000 $5,000,000
Brielle Borough 1308001-005 $3,375,000 $4,500,000
Middlesex Water Co. 1225001-025 $42,750,000 $57,000,000
Hardyston MUA 1911006-003 $75,000 $100,000
Jersey City MUA 0906001-025 $24,000,000 $32,000,000
Hopatcong Borough 1912001-004 $75,000 $100,000
Jersey City MUA 0906001-015 $2,691,950 $3,589,266
Spotswood Borough 1224001-001 $2,582,936 $3,443,914
Trenton City 1111001-011 $15,255,000 $20,340,000
Wildwood City 0514001-006 $4,637,403 $6,183,204
Hamburg Borough 1909001-001 $63,750 $85,000
National Park Borough 0812001-005 $1,144,875 $1,526,500
NJ American Water Co., Inc. 1345001-021 $19,758,750 $26,345,000
Moorestown Twp. 0322001-001 $18,468,750 $24,625,000
National Park Borough 0812001-004 $1,275,000 $1,700,000
Highbridge Borough 1014001-001 $75,000 $100,000
Newark City 0714001-008 $25,647,000 $34,196,000
Farmingdale Borough 1314001-002 $680,250 $907,000
Brick Twp. MUA 1506001-011 $15,667,500 $20,890,000
Brick Twp. MUA 1506001-009 $4,446,570 $5,928,760
Clinton Town 1005001-012 $2,625,000 $3,500,000
Ship Bottom Borough 1528001-003 $7,500,000 $10,000,000
Ship Bottom Borough 1528001-004 $3,075,000 $4,100,000
Jersey City MUA 0906001-018 $7,500,000 $10,000,000
Jersey City MUA 0906001-017 $1,305,180 $1,740,240
NJ American Water Co., Inc. 1345001-017 $7,575,000 $10,100,000
Hamburg Borough 1909001-002 $825,000 $1,100,000
East Orange City 0705001-014 $24,750,000 $33,000,000
Newark City 0714001-022 $17,250,000 $23,000,000
Allentown Borough 1302001-002 $411,825 $549,100
Jersey City MUA 0906001-019 $5,025,000 $6,700,000
Clinton Town 1005001-013 $2,250,000 $3,000,000
Paulsboro Borough 0814001-003 $2,250,000 $3,000,000
Milltown Borough 1212001-005 $1,350,000 $1,800,000
Newark City 0714001-019 $9,375,000 $12,500,000
Mount Arlington Borough 1426005-001 $165,836 $250,285
Newark City 0714001-020 $13,125,000 $17,500,000
Orange City 0717001-013 $525,000 $700,000
Seaside Park Borough 1527001-004 $1,125,000 $1,500,000
Roosevelt Borough 1341001-007 $450,000 $600,000
Hampton Borough 1013001-001 $1,650,000 $2,200,000
Middlesex Water Co. 1225001-028 $8,400,000 $11,200,000
Long Beach Twp. 1517001-015 $3,119,401 $4,159,201
Bloomfield Twp. 0702001-003 $823,796 $1,098,395
Hightstown Borough 1104001-010 $1,331,759 $1,775,678
East Greenwich 0803001-004 $1,950,000 $2,600,000
Clinton Town 1005001-010 $1,320,000 $2,640,000
Total Projects: 64 $389,824,939 $520,675,753
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.
4. Section 4 of P.L.2021, c.203 is amended to read as follows:
4. Any financing loan made by the department pursuant to P.L.2021, c.203, as amended by P.L.2021, c.328, shall be subject to the following requirements:
a. The Commissioner Environmental Protection has certified that the project is in compliance with the provisions of P.L.1977, c.224, P.L.1985, c.329, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225, or P.L.2003, c.162, and any rules and regulations adopted pursuant thereto;
b. Except as otherwise provided in this subsection, a loan for an environmental infrastructure project listed in section 2 or 3 of P.L.2021, c.203, as amended by P.L.2021, c.328, 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 in 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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;
(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); and
(3) clean water loans to municipal, county, or regional sewerage authorities that qualify for Sewer Overflow and Stormwater Reuse grants for combined sewer overflows or stormwater management projects.
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, as amended by P.L.2021, c.316, prior to June 30, 2022;
e. The loan shall be repaid within a period not to exceed 30 years, or 35 years for loans funded pursuant to the federal "Water Infrastructure Finance and Innovation Act of 2014," 33 U.S.C. s.3901 et seq., as amended and supplemented, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, to loans made by the New Jersey Infrastructure Bank pursuant to P.L.2021, c.204, as amended by P.L.2021, c.316, 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. Section 5 of P.L.2021, c.203 is amended to read as follows:
5. Any Sandy financing loan made by the department pursuant to P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, to loans made by the trust pursuant to P.L.2021, c.204, as amended by P.L.2021, c.328, prior to June 30, 2022, 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. Section 6 of P.L.2021, c.203 is amended to read as follows:
6. The eligibility lists and authorization for the making of loans pursuant to sections 2 and 3 of P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, shall no longer be entitled to that loan.
7. Section 7 of P.L.2021, c.203 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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 P.L.2021, c.203, as amended by P.L.2021, c.328, 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. Section 8 of P.L.2021, c.203 is amended to read as follows:
8. The expenditure of the funds appropriated by P.L.2021, c.203, as amended by P.L.2021, c.328, is subject to the provisions and conditions of P.L.1977, c.224, P.L.1085, c.302, P.L.1985, c.329, P.L.1989, c.181, P.L.1992, c.88, P.L.1997, c.223, P.L.1997, c.225 or P.L.2003, c.162, and the rules and regulations adopted by the Commissioner of Environmental Protection pursuant thereto, and the provisions of the Federal Disaster Relief Appropriations Act, the Federal Clean Water Act, and the Federal Safe Drinking Water Act, and any amendatory and supplementary acts thereto.
9. Section 10 of P.L.2021, c.203 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, 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, as amended by P.L.2021, c.316, 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.203, as amended by P.L.2021, c.328, 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, as amended by P.L.2021, c.316, 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.
10. Section 13 of P.L.2021, c.203 is amended to read as follows:
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, as amended by P.L.2021, c.328, 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).
11. This act shall take effect immediately.
Approved December 21, 2021.