A5589

ASSEMBLY, No. 5589

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MAY 5, 2021

 


 

Sponsored by:

Assemblyman   RALPH R. CAPUTO

District 28 (Essex)

Assemblyman   ADAM J. TALIAFERRO

District 3 (Cumberland, Gloucester and Salem)

Assemblywoman   ANNETTE CHAPARRO

District 33 (Hudson)

 

 

 

 

SYNOPSIS

        Authorizes NJ Infrastructure Bank to expend certain sums to make loans for environmental infrastructure projects for FY2022.

 

CURRENT VERSION OF TEXT

        As introduced.

   


An Act authorizing the expenditure of 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 making an appropriation.

 

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

 

          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 $1.979 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, section 1 of P.L.2019, c.192 as amended by P.L.2019, c.515, and P.L.2020, c.48, as amended by P.L.2021, c.22, 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.

           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;

          (2)     the amounts of reserve capacity expenses and debt service reserve fund requirements as provided in subsection c. of section 7 of this act;

          (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;

          (4)     the amounts of the loan origination fee as provided in subsection e. of section 7 of this act;

          (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.        , c.       (pending before the Legislature as Senate Bill No.         of the 2020-2021 session and Assembly Bill No. 5588 of the 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; and

          (6)   any funds transferred to the trust by the department pursuant to paragraph (21) of subsection a. of section 1 of P.L.        , c.       (pending before the Legislature as Senate Bill No.         of the 2020-2021 session and Assembly Bill No. 5588 of the 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").

          (3)   Of the sums appropriated to the trust from the "1992 Wastewater Treatment Trust 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), pursuant to P.L.1996, c.86, the trust is authorized to transfer such amounts as needed to the Clean Water State Revolving Fund for the purpose of providing the State match as required for the award of capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

          (4)   Of the sums appropriated to the trust from the    Stormwater Management and Combined Sewer Overflow Abatement Fund    created pursuant to section 14 of the    Stormwater Management and Combined Sewer Overflow Abatement Bond Act of 1989,    P.L.1989, c.181, pursuant to P.L.1998, c.87, the trust is authorized to transfer such amounts as needed to the Clean Water State Revolving Fund for the purpose of providing the State match as required for the award of capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.

          (5)   Of the sums appropriated to the trust from the "2003 Water Resources and Wastewater Treatment Trust Fund" established pursuant to subsection b. 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), pursuant to P.L.2004, c.110, the trust is authorized to transfer such amounts as needed to the Clean Water State Revolving Fund for the purpose of providing the State match as required for the award of capitalization grants made available to the State for clean water projects pursuant to the Federal Clean Water Act.