A5054

ASSEMBLY, No. 5054

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 19, 2020

 


 

Sponsored by:

Assemblyman  WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

Assemblywoman   LISA SWAIN

District 38 (Bergen and Passaic)

Assemblywoman   VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

 

 

 

 

SYNOPSIS

        Authorizes NJ Infrastructure Bank to expend additional sums to make loans for environmental infrastructure projects for FY2021; modifies terms and conditions for certain loans utilizing federal funds.

 

CURRENT VERSION OF TEXT

        As introduced.

   


An Act authorizing the expenditure of additional funds by the New Jersey Infrastructure Bank for the purpose of making loans to eligible project sponsors to finance a portion of the cost of construction of environmental infrastructure projects, and amending P.L.2020, c.48.

 

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

 

        1.       Section 1 of P.L.2020, c.48 is amended to read as follows:

        1.       a.   The New Jersey Infrastructure Bank, established pursuant to P.L.1985, c.334 (C.58:11B   1 et seq.) (hereinafter referred to as "the trust"), is authorized to expend the aggregate sum of up to [$1.168] $2.039 billion and any uncommitted balance of the aggregate expenditures authorized pursuant to section 1 of P.L.2000, c.93, section 1 of P.L.2001, c.224, section 1 of P.L.2002, c.71, section 1 of P.L.2003, c.159, section 1 of P.L.2004, c.110, section 1 of P.L.2005, c.197, section 1 of P.L.2006, c.67, section 1 of P.L.2007, c.140, section 1 of P.L.2008, c.67, section 1 of P.L.2009, c.101, section 1 of P.L.2010, c.62, section 1 of P.L.2011, c.95, section 1 of P.L.2012, c.38, section 1 of P.L.2013, c.94, section 1 of P.L.2014, c.26, section 1 of P.L.2015, c.107, section 1 of P.L.2016, c.31 as amended by P.L.2017, c.13, section 1 of 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, and section 1 of P.L.2019, c.192 as amended by P.L.2019, c.515, for the purpose of making 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 all or a portion of the cost of construction of environmental infrastructure projects listed in sections 2 and 4 of [this act] P.L.2020, c.48, as amended by P.L.        , c.       (pending before the Legislature as this bill) .

        b.       The trust is authorized to increase the aggregate sums specified in subsection a. of this section by:

        (1)     the amounts of capitalized interest , administrative expenses associated with any federal funding programs, if applicable, and the bond issuance expenses as provided in subsection b. of section 7 of [this act] P.L.2020, c.48, as amended by P.L.        , c.       (pending before the Legislature as this bill) ;

        (2)     the amounts of reserve capacity expenses and debt service reserve fund requirements as provided in subsection c. of section 7 of [this act] P.L.2020, c.48, as amended by P.L.        , c.       (pending before the Legislature as this bill) ;

        (3)     the interest earned on amounts deposited for project costs pending their distribution to project sponsors as provided in subsection d. of section 7 of [this act] P.L.2020, c.48, as amended by P.L.        , c.       (pending before the Legislature as this bill) ;

        (4)     the amounts of the loan origination fee as provided in subsection e. of section 7 of [this act] P.L.2020, c.48, as amended by P.L.        , c.       (pending before the Legislature as this bill) ; [and]

        (5)     the amount appropriated to the Department of Environmental Protection for the purpose of making zero interest and principal forgiveness loans pursuant to section 3 of P.L.2020, c.49 , as amended by P.L.        , c.       (pending before the Legislature as Senate Bill No.         and Assembly Bill No.         of 2020-2021 Session), in connection with the project costs of a particular project sponsor, to the extent the priority ranking or an insufficiency of funding prevent the department from meeting program demand as provided in subsection f. of section 7 of [this act] P.L.2020, c.48, as amended by P.L.        , c.       (pending before the Legislature as this bill); and

        (6) any funds transferred to the trust by the department pursuant to paragraph (21) of subsection a. of section 1 of P.L.2020, c.49, as amended by P.L.        , c.       (pending before the Legislature as Senate Bill No.         and Assembly Bill No.         of 2020-2021 Session) .

        c.         (1)  Of the sums made available to the trust from the "Water Supply Trust Fund" established pursuant to subsection a. of section 15 of the "Water Supply Bond Act of 1981" (P.L.1981, c.261), pursuant to P.L.1997, c.223, the trust is authorized to transfer such amounts to the Department of Environmental Protection as needed for drinking water project loans 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"), under terms and conditions established by the Commissioner of Environmental Protection and trust, and approved by the State Treasurer, which loans shall be jointly administered by the trust and department.

        (2)     Of the sums appropriated to the trust from the "Wastewater Treatment Trust Fund" established pursuant to section 15 of the "Wastewater Treatment Bond Act of 1985," (P.L.1985, c.329), pursuant to P.L.1987, c.198, the trust is authorized to transfer such amounts as needed to the Clean Water State Revolving Fund established pursuant to section 1 of P.L.2009, c.77 for the purposes of issuing loans or providing the State match as required for the award of capitalization grants made available to the State for clean water projects 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").