An Act concerning environmental
infrastructure projects and amending P.L.1985, c.334 and P.L.1997, c.224.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 20 of P.L.1985, c.334 (C.58:11B-20)
is amended to read as follows:
C.58:11B-20 “Clean
water project priority list.”
20. a. (1) The Commissioner of Environmental Protection
shall for each fiscal year develop a priority system for wastewater treatment
systems and shall establish the ranking criteria and funding policies for the
clean water projects to be financed by the New Jersey Environmental
Infrastructure Financing Program. The
commissioner shall set forth an Interim Clean Water Financing Program Project
Priority List, hereinafter referred to as the "clean water project
priority list," for funding by the trust for each fiscal year and shall
include the aggregate amount of funds of the trust to be authorized for these
purposes. The clean water project
priority list may include any stormwater management or combined sewer overflow
abatement project identified in the stormwater management and combined sewer
overflow abatement project priority list adopted by the commissioner pursuant
to section 28 of P.L.1989, c.181.
The clean
water project priority list, which shall include for each wastewater treatment
system the date each project is scheduled to be certified as ready for funding,
shall be in conformance with applicable provisions of the "Federal Water
Pollution Control Act Amendments of 1972," Pub.L.92-500 (33 U.S.C. s.1251
et al.), and any amendatory or supplementary acts thereto, and State law, or in
the case of a wastewater treatment system project for the reduction of lead in
a publicly owned facility, conformance with requirements established by the
Department of Environmental Protection for those projects or, in the case of a
wastewater treatment system project financed through another source of funds,
conformance with the requirements established by the department and the other
source of funds for that project. The
clean water project priority list shall include a description of each project
and its purpose, impact, cost, and construction schedule, and an explanation of
the manner in which priorities were established. The department shall, to the extent
consistent with federal law, assign additional priority points to project
applicants with an established program to employ at the project facility, or at
related offices or facilities, persons who reside in the municipality in which
the project is located, the service area of the project, or in surrounding
municipalities that meet the criteria for State aid pursuant to P.L.1978, c.14
(C.52:27D-178 et seq.). The priority system
and clean water project priority list for the ensuing fiscal year shall be
submitted to the Secretary of the Senate and the Clerk of the General Assembly
on or before January 15 of each year. The
Secretary and the Clerk shall cause the date of submission to be entered upon
the Senate Journal and the Minutes of the General Assembly, respectively. Incremental revisions or supplements to the
clean water project priority list may be submitted to the Legislature as
provided in subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9).
(2) The commissioner shall set forth a clean
water project eligibility list for long-term funding by the trust and shall
include the aggregate amount of funds to be authorized for these purposes. The clean water project eligibility list
shall consist of clean water project priority list projects certified by the
department that have commenced construction and demonstrated a high likelihood
of construction completion on or before the end of the ensuing fiscal year. On or before May 15 of each year, the trust shall
submit the clean water project eligibility list for the ensuing fiscal year,
including any revision thereof or supplement thereto, to be introduced in each
House in the form of legislative appropriations bills, which shall be referred
to the Senate Environment and Energy Committee and the Assembly Environment and
Solid Waste Committee, or their successors, for their respective
consideration. On or before October 15
of each year the trust may submit an additional clean water project eligibility
list, to be introduced in each House in the form of legislative appropriations
bills, which shall be referred to the Senate Environment and Energy Committee
and the Assembly Environment and Solid Waste Committee, or their successors,
for their respective consideration.
b. The Senate Environment and Energy Committee
and the Assembly Environment and Solid Waste Committee shall, either
individually or jointly, consider the legislation containing the clean water
project eligibility list, and shall report the legislation, together with any
modifications, out of committee for consideration by each House of the
Legislature. On or before July 1 of each
year, the Legislature shall approve an appropriations act containing the clean
water project eligibility list, including any amendatory or supplementary
provisions thereto, which act shall include the authorization of an aggregate
amount of funds of the trust to be expended for long-term loans and guarantees
for the specific projects, including the individual amounts therefor, on the
list.
c. The trust shall not expend any money for a
long-term loan or guarantee during a fiscal year for any wastewater treatment
system project unless the expenditure is authorized pursuant to an
appropriations act as provided in the provisions of this section, or as
otherwise set forth in an appropriations act.
d. The trust shall submit to the Secretary of
the Senate and the Clerk of the General Assembly on or before January 15 of
each year a report which shall identify the wastewater treatment system
projects financed during the prior fiscal year, including a project
description, the amount of the loan provided for each project, and the duration
of each loan.
2. Section 24 of P.L.1997, c.224 (C.58:11B-20.1)
is amended to read as follows:
C.58:11B-20.1
“Drinking water project priority list.”
24. a. (1) The Commissioner of Environmental Protection
shall for each fiscal year develop a priority system for water supply projects
and shall establish the ranking criteria and funding policies for the water
supply projects to be financed by the New Jersey Environmental Infrastructure
Financing Program. The commissioner
shall set forth an Interim Drinking Water Financing Program Project Priority
List, hereinafter referred to as the "drinking water project priority
list," for funding by the trust for each fiscal year and shall include the
aggregate amount of funds of the trust to be authorized for these
purposes. The commissioner may include a
water supply project on the drinking water project priority list if it is
eligible for funding under the "Water Supply Bond Act of 1981,"
P.L.1981, c.261, as amended, meets the eligibility requirements for funding
pursuant to the federal "Safe Drinking Water Act Amendments of 1996,"
Pub.L.104-182, or, in the case of a water supply project for the reduction of
lead in a publicly owned facility, the project meets the eligibility
requirements established by the Department of Environmental Protection for
those projects or, in the case of a water supply project financed through
another source of funds, conformance with the requirements established by the
department and the other source of funds for that project. The drinking water project priority list shall
include a description of each project and an explanation of the manner in which
priorities were established. The
department shall, to the extent consistent with federal law, assign additional
priority points to project applicants with an established program to employ at
the project facility, or at related offices or facilities, persons who reside
in the municipality in which the project is located, the service area of the
project, or in surrounding municipalities that meet the criteria for State aid
pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.). The priority system and drinking water project
priority list for the ensuing fiscal year shall be submitted to the Secretary
of the Senate and the Clerk of the General Assembly on or before January 15 of
each year. The Secretary and the Clerk
shall cause the date of submission to be entered upon the Senate Journal and
the Minutes of the General Assembly, respectively. Incremental revisions or supplements to the
drinking water project priority list may be submitted to the Legislature as
provided in subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9).
(2) The commissioner shall set forth a drinking
water project eligibility list for long-term funding by the trust and shall
include the aggregate amount of funds to be authorized for these purposes. The drinking water project eligibility list
shall consist of drinking water project priority list projects certified by the
department that have commenced construction and demonstrated a high likelihood
of construction completion on or before the end of the ensuing fiscal year. On or before May 15 of each year, the trust
shall submit the drinking water project eligibility list for the ensuing fiscal
year, including any revision thereof or supplement thereto, to be introduced in
each House in the form of legislative appropriations bills, which shall be
referred to the Senate Environment and Energy Committee and the Assembly
Environment and Solid Waste Committee, or their successors, for their
respective consideration. On or before
October 15 of each year the trust may submit an additional drinking water
project eligibility list, to be introduced in each House in the form of
legislative appropriations bills, which shall be referred to the Senate
Environment and Energy Committee and the Assembly Environment and Solid Waste
Committee, or their successors, for their respective consideration.
b. The Senate Environment and Energy Committee
and the Assembly Environment and Solid Waste Committee shall, either
individually or jointly, consider the legislation containing the drinking water
project eligibility list, and shall report the legislation, together with any
modifications, out of committee for consideration by each House of the
Legislature. On or before July 1 of each
year, the Legislature shall approve an appropriations act containing the
drinking water project eligibility list, including any amendatory or
supplementary provisions thereto, which act shall include the authorization of
an aggregate amount of funds of the trust to be expended for long-term loans
and guarantees for the specific water supply projects, including the individual
amounts therefor, on the list.
c. The trust shall not expend any money for a
long-term loan or guarantee during a fiscal year for any water supply project
unless the expenditure is authorized pursuant to an appropriations act as
provided in the provisions of this section, or as otherwise set forth in an
appropriations act.
d. The trust shall submit to the Secretary of
the Senate and the Clerk of the General Assembly on or before January 15 of
each year a report which shall identify the water supply projects financed
during the prior fiscal year, including a project description, the amount of
the loan provided for each project, and the duration of each loan.
3. This act shall take effect immediately.
Approved May 9, 2022.