CHAPTER 182

 

An Act concerning the financing of environmental infrastructure projects in Fiscal Year 2026 and amending P.L.2025, c.109.

 

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

 

     1.  Section 1 of P.L.2025, c.109 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 2025 capitalization grant made available to the State for clean water project loans and technical assistance 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”) and such sums as are made available to the department from the “Clean Water State Revolving Fund” from funds made available pursuant to the federal “Infrastructure Investment and Jobs Act,” Pub.L. 117-58, for clean water project loans and technical assistance.

     (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 technical assistance 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 technical assistance 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 2025 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”), and such sums as are made available to the department from the “Drinking Water State Revolving Fund” from funds made available pursuant to the federal “Infrastructure Investment and Jobs Act,” Pub.L. 117-58, for drinking water project loans and technical assistance.

     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.2025, c.109, as amended by P.L.2025, c.182, 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, 2026, for the purposes of clean water project loans and technical assistance 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, 2026, 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, 2026, 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, 2026, 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, 2026, 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, 2026, 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, 2026, 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, 2026, 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 technical assistance 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, 2026, 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, 2026, 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, 2026, 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, 2026, 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, 2026, 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.2025, c.125, as amended by P.L.2025, c.183, as may be available on or before June 30, 2026, 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.2025, c.109, as amended P.L.2025, c.182, and for the purpose of implementing and administering the provisions of P.L.2025, c.109, as amended by P.L.2025, c.182, 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 $54.6 million appropriated to the department for the capital construction of drinking water infrastructure by the State fiscal year 2025 appropriations act, P.L.2024, c.22, plus any appropriated funds designated in State fiscal years 2021, 2022, 2023, and 2024, 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) Of the funds appropriated or reappropriated to the department for the capital construction of drinking water and clean water infrastructure by the State fiscal year 2026 appropriations act, P.L.2025, c.74, the department is authorized to transfer up to $5 million to the trust for technical assistance to disadvantaged communities.

     (23) Of the funds appropriated or reappropriated to the department for the capital construction of drinking water and clean water infrastructure by the State fiscal year 2026 appropriations act, P.L.2025, c.74, plus any appropriated funds designated in State fiscal years 2021, 2022, and 2023, the department is authorized to utilize up to $60 million for principal forgiveness of up to $2 million per applicant to disadvantaged communities participating in the department’s technical assistance program for construction costs associated with clean water or drinking water environmental infrastructure projects.

     (24) There is appropriated to the department for the purposes of eligible clean water project grants 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 and as may be available on or before June 30, 2026.

     (25) Of the funds appropriated or reappropriated to the department for the capital construction of drinking water and clean water infrastructure by the State fiscal year 2026 appropriations act, P.L.2025, c.74, plus any appropriated funds designated in State fiscal years 2021, 2022, and 2023, the department is authorized to utilize up to $60 million to provide grants of up to $2 million per applicant to disadvantaged communities participating in the Water Bank’s technical assistance program for planning and design costs associated with clean water or drinking water environmental infrastructure projects.

     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.2025, c.109, as amended by P.L.2025, c.182, 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.2025, c.109, as amended by P.L.2025, c.182, or by the Commissioner of Environmental Protection pursuant to section 7 of P.L.2025, c.109, as amended by P.L.2025, c.182.

     (1) A maximum of $18 million in principal forgiveness, plus any appropriated but unallocated funds designated in State fiscal year 2025 for combined sewer overflow projects, shall be issued as provided in subsection a. of section 3 of P.L.2025, c.109, as amended by P.L.2025, c.182, to communities in combined sewer overflow sewersheds for construction projects that reduce or eliminate discharges from combined sewer overflow outfalls.  The amount of principal forgiveness issued pursuant to this paragraph shall not exceed $5 million per borrower whenever practicable.  For project costs greater than $5 million, up to and including $10 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 $10 million, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For combined sewer overflow projects that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.

     (2) A maximum of $18 million in principal forgiveness, plus any appropriated but unallocated funds designated in State fiscal year 2025 for combined sewer overflow projects shall be issued as provided in subsection a. of section 3 of P.L.2025, c.109, as amended by P.L.2025, c.182, to communities in combined sewer overflow sewersheds for construction projects that reduce or eliminate discharges from combined sewer overflow outfalls that meet “Clean Water State Revolving Fund” affordability criteria.  The amount of principal forgiveness issued pursuant to this paragraph shall be based on the applicable tier of the department’s affordability score.  For a borrower satisfying Tier 1 of the department’s affordability score and project costs up to and including $8 million, 100 percent of the principal of the loan shall be forgiven.  For a borrower satisfying Tier 2 of the department’s affordability score and project costs up to and including $7 million, 100 percent of the principal of the loan shall be forgiven.  For project costs greater than $8 million in the case of a Tier 1 borrower, and greater than $7 million in the case of a Tier 2 borrower, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For combined sewer overflow projects that reduce or eliminate discharges from combined sewer overflow outfalls that meet “Clean Water State Revolving Fund” affordability criteria that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.

     (3) A maximum of $8 million in principal forgiveness, plus any appropriated but unallocated funds designated in State fiscal year 2025 for water quality restoration projects, shall be issued as provided in subsection a. of section 3 of P.L.2025, c.109, as amended by P.L.2025, c.182, for water quality restoration projects.  The amount of a principal-forgiveness loan issued pursuant to this paragraph shall not exceed $2 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, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For water quality restoration projects that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.

     (4) A maximum of $19 million in principal forgiveness, plus any appropriated but unallocated funds designated in State fiscal year 2025, for clean water projects sponsored by applicants that meet the “Clean Water State Revolving Fund” affordability criteria as set forth by the department shall be issued as provided in subsection a. of section 3 of P.L.2025, c.109, as amended by P.L.2025, c.182.  The amount of a principal-forgiveness loan issued pursuant to this paragraph shall be based on the applicable tier of the department’s affordability score.  For a borrower satisfying Tier 1 of the department’s affordability score and project costs up to and including $3 million, 100 percent of the principal of the loan shall be forgiven.  For a borrower satisfying Tier 2 of the department’s affordability score and project costs up to and including $2 million, 100 percent of the principal of the loan shall be forgiven. For project costs greater than $3 million in the case of a Tier 1 borrower or greater than $2 million in the case of a Tier 2 borrower, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For clean water projects sponsored by applicants that meet the “Clean Water State Revolving Fund” affordability criteria that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.

     (5) A maximum of $10 million in principal forgiveness, plus any appropriated but unallocated funds designated in State fiscal year 2025, for water and energy efficiency projects shall be issued as provided in subsection a. of section 3 of P.L.2025, c.109, as amended by P.L.2025, c.182, to projects that address water and energy efficiency goals that meet the eligibility requirements for water and energy efficiency as defined in the United States Environmental Protection Agency’s “Green Project Reserve Guidance.”  The amount of a principal-forgiveness loan issued pursuant to this paragraph shall not exceed $2 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, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For water and energy efficiency projects that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.

     (6) A maximum of $27 million in principal forgiveness for emerging contaminant projects shall be issued as provided in subsection a. of section 3 of P.L.2025, c.109, as amended by P.L.2025, c.182, to projects that primarily address substances and microorganisms, which are known or anticipated in the environment and which may pose newly identified or re-emerging risks to human health, aquatic life, or the environment.  For project costs up to and including $10 million, 100 percent of the principal of the loan shall be forgiven, whenever practicable.  For project costs greater than $10 million, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For emerging contaminant projects that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.

     (7) A maximum of $2 million in principal forgiveness, plus any appropriated but unallocated funds designated in State fiscal year 2025, 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.

     (8) A maximum of $8 million in principal forgiveness shall be issued as provided in subsection a. of section 3 of P.L.2025, c.109, as amended by P.L.2025, c.182, to improve stormwater resilience.  The amount of a principal-forgiveness loan issued pursuant to this paragraph shall not exceed $2 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, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For stormwater resilience projects that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.

     (9) (Deleted by amendment, P.L.2025, c.182).

     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.2025, c.109, as amended by P.L.2025, c.182, for drinking water projects, up to the individual amounts indicated and in the priority stated, provided:

     (1) up to $5 million of Drinking Water State Revolving Fund loans, plus any appropriated but unallocated funds designated in State fiscal year 2025 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 $1 million in the aggregate and shall not exceed 50 percent of the total loan amount per project sponsor in an amount not to exceed $2 million per project sponsor.  Project costs greater than $2 million shall have a loan funded at a blended interest rate of 25 percent of the trust’s market rate;

     (2) a maximum of $5 million in principal forgiveness shall be available for drinking water systems that serve fewer than 1,000 persons.  A loan issued pursuant to this paragraph shall have 100 percent principal forgiveness for drinking water systems that are participating in the Community Engineering Corp or the Engineering Contract with the New Jersey Water Association.  A loan issued pursuant to this paragraph for drinking water systems that serve fewer than 1,000 persons that are not participating in the Community Engineering Corp or the Engineering Contract with the New Jersey Water Association shall have 100 percent principal forgiveness of up to $2 million per applicant.  For project costs greater than $2 million, the loan shall have a blended interest rate of 25 percent of the trust’s market rate;

     (3) a maximum of $18 million of principal forgiveness shall be available for drinking water projects that primarily address emerging contaminants, for which principal forgiveness may be authorized for up to 100 percent of the total fund loan amount of up to $3 million per applicant.  For project costs greater than $3 million, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For emerging contaminant projects that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate;

     (4) up to $41 million of the sums appropriated to the department from the federal “Infrastructure Investment and Jobs Act,” Pub. L. 117-58, may be issued for principal forgiveness for drinking water projects other than those to address emerging contaminants or lead that meet the affordability criteria of the department. A maximum of $20 million of principal forgiveness pursuant to this paragraph shall be available for up to 100 percent of the total fund loan amount up to and including $10 million for a borrower satisfying the department’s affordability criteria whose project is identified as among the department’s highest ranked drinking water projects.  A maximum of $21 million of principal forgiveness shall be available for up to 100 percent of the total fund loan amount up to and including $3 million for borrowers satisfying the department’s Tier 1 affordability score and up to and including $2 million for borrowers satisfying the department’s Tier 2 affordability score.  For projects that would otherwise qualify under this subsection for principal forgiveness that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 25 percent of the trust’s market rate; and

     (5) up to $68 million plus any appropriated but unallocated funds designated in State fiscal year 2025 may be issued for principal-forgiveness loans for drinking water systems that meet the department’s affordability criteria pursuant to the State’s lead service line replacement program to finance lead service line replacements.  The amount of a principal-forgiveness loan issued pursuant to this paragraph shall be based on the applicable tier of the department’s affordability score.  For a borrower satisfying Tier 1 of the department’s affordability score, the amount of principal forgiveness shall not exceed 80 percent of the total loan amount of up to $16 million per water system.  For project costs up to and including $20 million, 80 percent of the principal of the loan shall be forgiven and the remaining 20 percent of the loan shall have a blended interest rate of 50 percent of the trust’s market rate.  For project costs greater than $20 million, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For a borrower satisfying Tier 2 of the department’s affordability score, the amount of principal forgiveness shall not exceed 50 percent of the total loan amount of up to $10 million per water system.  For project costs up to and including $20 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 $20 million, the loan shall have a blended interest rate of 25 percent of the trust’s market rate.  For lead service line replacement projects that receive no principal forgiveness because principal-forgiveness funds allocated to such projects are no longer available, the loan shall have a blended interest rate of 20 percent of the trust’s market rate.

     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.2025, c.109, as amended by P.L.2025, c.182, or if a project fails to meet the requirements of section 4 or 5 of P.L.2025, c.109, as amended by P.L.2025, c.182.

     The department is authorized to increase the maximum amounts available for principal forgiveness pursuant to this subsection or subsection b. of this section, to the extent additional funds are available.

     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.2025, c.109, as amended by P.L.2025, c.182, 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, P.L.2020, c.49, as amended by P.L.2021, c.21, P.L.2021, c.203, as amended by P.L.2021, c.328, P.L.2022, c.99, as amended by P.L.2023, c.6, P.L.2023, c.120, as amended by P.L.2023, c.344, P.L.2024, c.35, as amended by P.L.2025, c.10, and  P.L.2025, c.109, as amended by P.L.2025, c.182, 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, P.L.2021, c.203, as amended by P.L.2021, c.328, P.L.2022, c.99, as amended by P.L.2023, c.6, P.L.2023, c.120, as amended by P.L.2023, c.344, P.L.2024, c.35, as amended by P.L.2025, c.10, and P.L.2025, c.109, as amended by P.L.2025, c.182, 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 2024 and State fiscal year 2025 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.2025, c.109, as amended by P.L.2025, c.182, 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 P.L.2025, c.109, as amended by P.L.2025, c.182, or if a project fails to meet the requirements of section 4, 5, or 7 of P.L.2025, c.109, as amended by P.L.2025, c.182, 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.     The department is authorized to increase the aggregate sums specified in subsections b. and c. of this section by the amount of interest accrued pursuant to a short-term or temporary loan made to a project sponsor pursuant to the Interim Environmental Financing Program.

     g.    For the purposes of P.L.2025, c.109, as amended by P.L.2025, c.182:

     “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.

     “Technical assistance” means all services and assistance provided for the benefit of eligible project sponsors, including, but not limited to, public engagement services, technical assistance and expertise, and community education, for the purposes of identifying and pursuing a clean water or drinking water project, as described in the financial plan 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).

     “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.2025, c.109 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                 Estimated Total

                                                                                                                 DEP Loan Amount                          Loan Amount

Ship Bottom Borough             S340311-04R                                   $750,000                                                    $1,000,000

Total Projects: 1                                                                                $750,000                                                    $1,000,000

 

     (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.2025, c.109, as amended by P.L.2025, c.182, 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 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.2025, c.109, as amended by P.L.2025, c.182.

     (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.2025, c.109, as amended by P.L.2025, c.182.

     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 Sponsor                      Project Number                             Estimated Allowable                 Estimated Total

                                                                                                                 DEP Loan Amount                          Loan Amount

Brick Township Municipal    1506001-011R                                $2,812,500                                                $3,750,000

  Utilities Authority

East Orange City                      0705001-014R                                $1,500,000                                                $2,000,000

Total Projects: 2                                                                                $4,312,500                                                $5,750,000

 

     (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 P.L.2025, c.109, as amended by P.L.2025, c.182, 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.2025, c.109, as amended by P.L.2025, c.182.

     (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.2025, c.109, as amended by P.L.2025, c.182.

     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, and, 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 for the project, or, in the absence of an interim financing program loan, the terms and conditions of the State fiscal year 2026 financing program.

     3.  Section 3 of P.L.2025, c.109 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 2026 Clean Water Project Eligibility List”:

 

Project Sponsor                                                      Project Number       Estimated Allowable         Estimated Total

                                                                                                                           DEP Loan Amount                  Loan Amount

Oakland Borough                                                     S340418-06                $5,790,000                                        $7,720,000

Rahway Valley Sewerage Authority                   S340547-17                $4,500,000                                        $6,000,000

Rahway Valley Sewerage Authority                   S340547-18                $5,625,000                                        $7,500,000

Mendham Borough                                                  S340159-04                $4,125,000                                        $5,500,000

Newark City                                                              S340815-25                $750,000                                            $1,000,000

Berkeley Heights Township                                  S340385-05                $5,625,000                                        $7,500,000

Montgomery Township                                          S340130-03                $21,750,000                                    $29,000,000

Newton Town                                                           S340449-09                $5,250,000                                        $7,000,000

Montgomery Township                                          S340130-05                $14,812,500                                    $19,750,000

Camden City                                                             S340366-14                $7,027,500                                        $9,370,000

Middlesex County Utilities Authority                S340699-18                $15,750,000                                    $21,000,000

Middlesex County Utilities Authority                S340699-17                $19,500,000                                    $26,000,000

North Bergen Municipal Utilities Authority     S340652-16                $46,500,000                                    $62,000,000

Hoboken City                                                            S340635-08                $28,500,000                                    $38,000,000

Paterson City                                                            S340850-07                $3,000,000                                        $4,000,000

Elizabeth City                                                           S340942-20                $17,250,000                                    $23,000,000

Elizabeth City                                                           S345070-01                $3,000,001                                        $4,000,001

Camden County Municipal                                    S340640-33                $21,750,000                                    $29,000,000

  Utilities Authority

Kearny Town                                                            S340259-11                $12,750,000                                    $17,000,000

Ridgefield Park Village                                          S340688-06                $9,150,000                                      $12,200,000

Bayshore Regional Sewer Authority                   S340697-07                $23,625,000                                    $31,500,000

Ocean County Utilities Authority                        S340372-64                $37,500,000                                    $50,000,000

North Hudson Sewer Authority                            S340952-40                $17,625,000                                    $23,500,000

Perth Amboy City                                                    S340435-19                $300,000                                               $400,000

North Hudson Sewer Authority                            S340952-37                $9,750,000                                      $13,000,000

North Hudson Sewer Authority                            S340952-39                $13,500,000                                    $18,000,000

Perth Amboy City                                                    S340435-22                $5,250,000                                        $7,000,000

Verona Township                                                     S340533-05                $1,875,000                                        $2,500,000

Hackensack City                                                      S340923-16                $10,500,000                                    $14,000,000

Millville City                                                            S340921-09                $8,250,000                                      $11,000,000

Passaic Valley Sewerage Commission               S340689-37                $91,125,000                                 $121,500,000

Passaic Valley Sewerage Commission               S340689-44                $18,000,000                                    $24,000,000

Passaic Valley Sewerage Commission               S345200-01                $7,500,000                                      $10,000,000

Passaic Valley Sewerage Commission               S340689-49                $222,102,676                               $296,136,901

Passaic Valley Sewerage Commission               S340689-33                $80,250,000                                 $107,000,000

Mount Laurel Township Municipal                    S340943-08                $5,400,000                                        $7,200,000

  Utilities Authority

Pennsville Sewerage Authority                            S340870-05                $7,500,000                                      $10,000,000

Beach Haven Borough                                            S344220-01                $2,700,000                                        $3,600,000

Stony Brook Regional Sewer Authority            S340400-12                $17,400,000                                    $23,200,000

Bergen County Utilities Authority                      S340386-23                $45,000,000                                    $60,000,000

Linden Roselle Sewer Authority                          S340299-08                $20,250,000                                    $27,000,000

Flemington Borough                                               S340440-06                $1,102,500                                        $1,470,000

Berkeley Township                                                  S344020-03                $1,612,500                                        $2,150,000

Passaic Valley Sewerage Commission               S340689-67                $13,125,000                                    $17,500,000

Bergen County Utilities Authority                      S340386-26                $4,500,000                                        $6,000,000

JMEUC - East Orange City                                   S340686-08a             $1,443,750                                        $1,925,000

JMEUC - Elizabeth City                                        S340686-08b             $16,188,750                                    $21,585,000

JMEUC - Hillside Township                                 S340686-08c              $2,141,250                                        $2,855,000

JMEUC - Irvington Township                              S340686-08d             $5,538,750                                        $7,385,000

JMEUC - Maplewood Township                         S340686-08e              $2,178,750                                        $2,905,000

JMEUC - Millburn Township                               S340686-08f              $1,942,500                                        $2,590,000

JMEUC - Newark City                                           S340686-08g              $3,262,500                                        $4,350,000

JMEUC - Roselle Park Borough                          S340686-08h             $1,020,000                                        $1,360,000

JMEUC - South Orange Village                           S340686-08i               $1,515,000                                        $2,020,000

JMEUC - Summit City                                           S340686-08j              $2,842,500                                        $3,790,000

JMEUC - Union Township                                    S340686-08k             $6,022,500                                        $8,030,000

JMEUC - West Orange Township                       S340686-08l               $3,847,500                                        $5,130,000

Lambertville Municipal Utilities Authority      S340882-11                $1,575,000                                        $2,100,000

Lakehurst Borough                                                  S340150-01                $1,200,000                                        $1,600,000

Landis Sewerage Authority                                   S340461-07                $2,250,000                                        $3,000,000

Ocean County                                                           S344080-10                $187,500                                               $250,000

Ocean County                                                           S344080-11                $262,500                                               $350,000

Rockaway Valley Regional Sewer Authority   S340821-11                $10,125,000                                    $13,500,000

Cumberland County Utilities Authority             S340550-09                $10,500,000                                    $14,000,000

Seaside Heights Borough                                       S340236-02                $4,125,000                                        $5,500,000

South Monmouth Regional Sewer Authority    S340377-08                $1,725,000                                        $2,300,000

Passaic Valley Sewerage Commission               S340689-57                $24,375,000                                    $32,500,000

Hamilton Township                                                 S340898-06                $3,037,500                                        $4,050,000

South Monmouth Regional Sewer Authority    S340377-07                $2,827,500                                        $3,770,000

Long Branch Sewerage Authority                       S340336-11                $21,750,000                                    $29,000,000

Metuchen Borough                                                  S340360-02                $6,750,000                                        $9,000,000

Somerville Borough                                                S340551-01                $2,775,000                                        $3,700,000

Newton Town                                                           S340449-08                $2,737,500                                        $3,650,000

Wildwood City                                                         S340664-07                $10,687,500                                    $14,250,000

Netcong Borough                                                     S340538-01                $75,000                                                  $100,000

Manasquan River Regional                                   S340911-03                $495,000                                               $660,000

  Sewerage Authority

Stafford Township                                                   S340946-11                $10,050,000                                    $13,400,000

Vernon Township                                                     S340745-03                $2,271,750                                        $3,029,000

Little Egg Harbor Municipal                                 S340579-05                $3,150,000                                        $4,200,000

  Utilities Authority

Hightstown Borough                                               S340915-08                $1,875,000                                        $2,500,000

Tuckerton Borough                                                 S340034-06                $900,000                                            $1,200,000

Pleasantville City                                                     S340752-04                $3,246,413                                        $4,328,550

Middlesex County Utilities Authority                S340699-20                $11,250,000                                    $15,000,000

Monmouth County Bayshore                               S340325-04                $2,062,500                                        $2,750,000

  Outfall Authority

Monmouth County Bayshore                               S340325-04a             $2,062,500                                        $2,750,000

  Outfall Authority

Camden County Municipal                                    S340640-30                $5,625,000                                        $7,500,000

  Utilities Authority

Camden County Municipal                                    S340640-34                $13,350,000                                    $17,800,000

  Utilities Authority

Middlesex County Utilities Authority                S340699-16                $20,250,000                                    $27,000,000

Rockaway Valley Regional                                   S340821-10                $6,375,000                                        $8,500,000

  Sewer Authority

Toms River Municipal Utilities Authority        S340145-07                $6,750,000                                        $9,000,000

Brick Township Municipal                                    S340448-12                $6,750,000                                        $9,000,000

  Utilities Authority

Brick Township Municipal                                    S340448-15                $1,650,000                                        $2,200,000

  Utilities Authority

Franklin Township Sewerage Authority            S340839-11                $1,875,000                                        $2,500,000

Western Monmouth Utilities Authority             S340128-08                $6,000,000                                        $8,000,000

Franklin Township Sewerage Authority            S340839-10                $7,125,000                                        $9,500,000

Landis Sewerage Authority                                   S340461-10                $2,700,000                                        $3,600,000

Mount Laurel Township Municipal                    S340943-09                $4,500,000                                        $6,000,000

  Utilities Authority

Hackensack City                                                      S340923-22                $1,987,500                                        $2,650,000

North Brunswick Township                                  S340888-04                $2,625,000                                        $3,500,000

Hillside Township                                                    S340686-10                $1,950,000                                        $2,600,000

Berkeley Heights Township                                  S340385-08                $525,000                                               $700,000

Haddon Heights Borough                                      S340877-02                $487,500                                               $650,000

Highlands Borough                                                 S340901-05                $6,375,000                                        $8,500,000

Buena Borough                                                         S340519-01                $2,700,000                                        $3,600,000

Wildwood Crest Borough                                      S340719-05                $3,075,000                                        $4,100,000

Cape May City                                                         S340258-03                $4,687,500                                        $6,250,000

Gibbsboro Borough                                                 S340871-04                $1,125,000                                        $1,500,000

Long Beach Township                                            S340023-10                $5,677,500                                        $7,570,000

Fieldsboro Borough                                                 S340522-01                $3,750,000                                        $5,000,000

North Bergen Township                                         S340652-17                $3,225,000                                        $4,300,000

Willingboro Municipal Utilities Authority       S340132-10                $13,650,000                                    $18,200,000

Passaic Valley Sewerage Commission               S340689-46                $51,750,000                                    $69,000,000

Passaic Valley Sewerage Commission               S340689-54                $16,950,000                                    $22,600,000

Ocean Gate Borough                                               S340151-02                $1,125,000                                        $1,500,000

Atlantic City                                                             S340439-07                $1,575,000                                        $2,100,000

Camden County Municipal                                    S340640-35                $3,862,500                                        $5,150,000

  Utilities Authority

Ocean County Utilities Authority                        S340372-65                $3,150,000                                        $4,200,000

Atlantic County Utilities Authority                     S340809-31                $30,600,000                                    $40,800,000

Seaside Heights Borough                                       S340236-03                $2,550,000                                        $3,400,000

Seaside Park Borough                                             S340083-05                $862,500                                            $1,150,000

North Bergen Municipal Utilities Authority     S340652-19                $975,000                                            $1,300,000

Boonton Town                                                          S340265-02                $2,475,000                                        $3,300,000

Runnemede Borough                                              S340363-07                $8,250,000                                      $11,000,000

Gloucester Township                                              S340364-19                $1,500,000                                        $2,000,000

Gloucester Township                                              S340364-16                $450,000                                               $600,000

Gloucester Township                                              S340364-17                $967,649                                            $1,290,198

Gloucester Township                                              S340364-18                $1,125,000                                        $1,500,000

Passaic Valley Sewerage Commission               S340689-66                $17,625,000                                    $23,500,000

Hackensack City                                                      S340923-25                $1,575,000                                        $2,100,000

Trenton City                                                              S340416-14                $18,000,000                                    $24,000,000

New Brunswick City                                               S340437-13                $2,362,500                                        $3,150,000

Atlantic City Municipal Utilities Authority      S340439-04                $2,300,000                                        $3,066,667

East Orange City                                                      S340843-03                $12,825,000                                    $17,100,000

Sussex County Municipal                                      S342008-07                $5,625,000                                        $7,500,000

  Utilities Authority

Lakewood Township Municipal                           S340465-04                $6,000,000                                        $8,000,000

  Utilities Authority

South Orange Village                                              S340103-02                $2,002,500                                        $2,670,000

Passaic Valley Water Commission                      S340322-03                $2,850,000                                        $3,800,000

Manchester Township                                             S340650-09                $3,262,500                                        $4,350,000

Lyndhurst Township                                               S340426-09                $3,000,000                                        $4,000,000

Glen Ridge Borough                                               S340861-02                $1,575,000                                        $2,100,000

Bordentown City                                                      S340219-04                $3,000,000                                        $4,000,000

Island Heights Borough                                         S340176-03                $750,000                                            $1,000,000

Total Projects: 142                                                                                     $1,456,129,739                        $1,941,506,317

 

     (2) The department is authorized to make clean water and drinking 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 Number                             Estimated Total 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 2026 Drinking Water Project Eligibility List”:

 

Project Sponsor                                                      Project Number       Estimated Allowable         Estimated Total

                                                                                                                             DEP Loan Amount               Loan Amount

Passaic Valley Water Commission                      1605002-002             $41,287,500                                    $55,050,000

Lakewood Township Municipal                           1514002-001             $11,250,000                                    $15,000,000

  Utilities Authority

Orange City                                                               0717001-013             $975,000                                            $1,300,000

Camden City                                                             0408001-001             $43,312,500                                    $57,750,000

Wildwood City                                                         0514001-007             $18,750,000                                    $25,000,000

Red Bank Borough                                                  1340001-004             $9,000,000                                      $12,000,000

Flemington Borough                                               1009001-010             $300,000                                               $400,000

Manchester Utilities Authority                             1603001-001             $787,500                                            $1,050,000

Bloomfield Township                                             0702001-004             $3,000,000                                        $4,000,000

Jersey City Municipal Utilities Authority         0906001-035             $116,250,000                               $155,000,000

Merchantville Pennsauken                                    0424001-006             $7,612,500                                      $10,150,000

  Water Commission

Aqua New Jersey Incorporated                            0415002-001             $6,637,500                                        $8,850,000

Ridgewood Village                                                   0251001-001             $31,500,000                                    $42,000,000

Ridgewood Village                                                   0251001-002             $13,500,000                                    $18,000,000

Ridgewood Village                                                   0251001-003             $7,200,000                                        $9,600,000

Belleville Township                                                0701001-008             $2,676,564                                        $3,568,752

Livingston Township                                              0710001-001             $9,000,000                                      $12,000,000

Livingston Township                                              0710001-002             $3,750,000                                        $5,000,000

Essex Fells Borough                                               0706001-004             $3,750,000                                        $5,000,000

Essex Fells Borough                                               0706001-005             $3,787,500                                        $5,050,000

Lake Stockholm Systems, Inc.                             1911002-001             $1,725,000                                        $2,300,000

Aqua New Jersey Incorporated                            1911004-001             $2,250,000                                        $3,000,000

Newark City                                                              0714001-024             $11,250,000                                    $15,000,000

Newton Town                                                           1915001-001             $3,000,000                                        $4,000,000

Atlantic City Municipal Utilities Authority      0102001-013             $3,900,000                                        $5,200,000

Wildwood City                                                         0514001-008             $2,662,500                                        $3,550,000

Newark City                                                              0714001-023             $17,250,000                                    $23,000,000

Seaside Heights Borough                                       1526001-002             $7,500,000                                      $10,000,000

Allentown Borough                                                 1302001-006             $945,000                                            $1,260,000

Allentown Borough                                                 1302001-007             $2,437,500                                        $3,250,000

Bloomfield Township                                             0702001-006             $7,387,500                                        $9,850,000

Trenton City                                                              1111001-013             $7,893,900                                      $10,525,200

Aqua New Jersey Incorporated                            2119001-002             $7,162,500                                        $9,550,000

Hawthorne Borough                                                1604001-003             $2,100,000                                        $2,800,000

Hawthorne Borough                                                1604001-004             $2,250,000                                        $3,000,000

Margate City                                                             0116001-003             $4,950,000                                        $6,600,000

Bayonne City                                                            0901001-005             $9,375,000                                      $12,500,000

Passaic Valley Water Commission                      1605002-033             $3,750,000                                        $5,000,000

Park Ridge Borough                                                0247001-002             $3,187,500                                        $4,250,000

Jersey City Municipal Utilities Authority         0906001-024             $10,087,500                                    $13,450,000

Manchester Utilities Authority                             1603001-004             $1,500,000                                        $2,000,000

Mount Laurel Township Municipal                    0324001-004             $1,500,000                                        $2,000,000

  Utilities Authority

Verona Township                                                     0720001-006             $3,750,000                                        $5,000,000

Boonton Town                                                          1401001-003             $4,875,000                                        $6,500,000

Upper Deerfield Township                                    0613004-003             $937,500                                            $1,250,000

Old Bridge Municipal Utilities Authority         1209002-005             $3,525,000                                        $4,700,000

Cape May City                                                         0502001-005             $1,875,000                                        $2,500,000

Stone Harbor Borough                                            0510001-001             $6,262,500                                        $8,350,000

Newton Town                                                           1915001-003             $750,000                                            $1,000,000

Seaside Heights Borough                                       1526001-003             $4,050,000                                        $5,400,000

Hightstown Borough                                               1104001-011             $825,000                                            $1,100,000

Burlington City                                                        0305001-003             $1,650,000                                        $2,200,000

Berkeley Township Municipal                             1505323-001             $1,575,000                                        $2,100,000

  Utilities Authority

North Brunswick Township                                  1215001-008             $4,875,000                                        $6,500,000

Edison Township                                                      1205001-001             $6,375,000                                        $8,500,000

East Windsor Municipal Utilities Authority     1101002-005             $1,500,000                                        $2,000,000

Little Egg Harbor Municipal                                 1516001-007             $2,625,000                                        $3,500,000

  Utilities Authority

North Caldwell Borough                                        0715001-002             $2,850,000                                        $3,800,000

Roosevelt Borough                                                  1314001-003             $1,500,000                                        $2,000,000

Roosevelt Borough                                                  1341001-008             $750,000                                            $1,000,000

Roosevelt Borough                                                  1341001-009             $600,000                                               $800,000

Robbinsville Township                                           1112001-001             $2,062,500                                        $2,750,000

Evesham Municipal Utilities Authority             0313001-004             $3,225,000                                        $4,300,000

Willingboro Municipal Utilities Authority       0338001-014             $2,625,000                                        $3,500,000

Monroe Municipal Utilities Authority               0811002-003             $4,875,000                                        $6,500,000

Pine Hill Municipal Utilities Authority             0428002-006             $2,325,000                                        $3,100,000

Allamuchy Township                                              2101001-001             $1,125,000                                        $1,500,000

Ocean Gate Borough                                               1521001-004             $1,387,500                                        $1,850,000

Brookwood Musconetcong River Property       1904001-005             $1,575,000                                        $2,100,000

  Owners Association

Mount Arlington Borough                                     1426005-001             $1,575,000                                        $2,100,000

Brick Township Municipal                                    1506001-016             $8,475,000                                      $11,300,000

  Utilities Authority

Verona Township                                                     0720001-008             $1,500,000                                        $2,000,000

Willingboro Municipal Utilities Authority       0338001-005             $1,500,000                                        $2,000,000

Pemberton Township                                              0329004-001             $4,125,000                                        $5,500,000

Harvey Cedars Borough                                         1509001-002             $2,325,000                                        $3,100,000

Lavallette Borough                                                  1515001-002             $3,825,000                                        $5,100,000

Total Projects: 76                                                                                        $542,065,464                               $722,753,952


 

     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, and, 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 2026 financing program.

 

     4.    Section 4 of P.L.2025, c.109 is amended to read as follows:

 

     4.    Any financing loan made by the department pursuant to P.L.2025, c.109, as amended by P.L.2025, c.182, 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.    Except as otherwise provided in this subsection, a loan for an environmental infrastructure project listed in section 2 or 3 of P.L.2025, c.109, as amended by P.L.2025, c.182, 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 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 2026 financing program;

     c.     Notwithstanding the provisions of sections 2 and 3 of P.L.2025, c.109, as amended by P.L.2025, c.182, 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.2025, c.125, as amended by P.L.2025, c.183;

     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.2025, c.109, as amended by P.L.2025, c.182, to loans made by the New Jersey Infrastructure Bank pursuant to P.L.2025, c.125, as amended by P.L.2025, c.183, 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).

     g.    Notwithstanding the provisions of any applicable law or regulation to the contrary, drinking water projects may be funded by the “Pinelands Infrastructure Trust Fund” established pursuant to section 14 of the “Pinelands Infrastructure Trust Bond Act of 1985,” P.L.1985, c.302. Drinking water projects financed by the Pinelands Infrastructure Trust Fund shall be funded in accordance with the regulations applicable to the financing of wastewater projects by the Pinelands Infrastructure Trust Fund unless and until regulations specific to the financing of drinking water projects are promulgated.

 

     5.  Section 5 of P.L.2025, c.109 is amended to read as follows:

 

     5.    Any Sandy financing loan made by the department pursuant to P.L.2025, c.109, as amended by P.L.2025, c.182, 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.2025, c.109, as amended by P.L.2025, c.182, to loans made by the trust pursuant to P.L.2025, c.125, as amended by P.L.2025, c.183, 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.2025, c.109 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.2025, c.109, as amended by P.L.2025, c.182, shall expire on July 1, 2026, and any project sponsor which has not executed and delivered a loan agreement with the department for a loan authorized in P.L.2025, c.109, as amended by P.L.2025, c.182, shall no longer be entitled to that loan.

 

     7.  Section 7 of P.L.2025, c.109 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.2025, c.109, as amended by P.L.2025, c.182, 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.2025, c.109, as amended by P.L.2025, c.182, 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.2025, c.109 is amended to read as follows:

 

     8.    The expenditure of the funds appropriated by P.L.2025, c.109, as amended by P.L.2025, c.182, is subject to the provisions and conditions of P.L.1977, c.224, P.L.1985, 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.2025, c.109 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.2025, c.125, as amended by P.L.2025, c.183, 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, P.L.2021, c.203, as amended by P.L.2021, c.328, P.L.2022, c.99, as amended by P.L.2023, c.6, P.L.2023, c.120, as amended by P.L.2023, c.344, P.L.2024, c.35, as amended by P.L.2025, c.10, or P.L.2025, c.109, as amended by P.L.2025, c.182, 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, P.L.2021, c.204, as amended by P.L.2021, c.316, P.L.2022, c.100, as amended by P.L.2023, c.5, P.L.2023, c.119, as amended by P.L.2023, c.343, P.L.2024, c.41, as amended by P.L.2025, c.8, or P.L.2025, c.125, as amended by P.L.2025, c.183, 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.2025, c.109 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.2025, c.109, as amended by P.L.2025, c.182, 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 23, 2025.