New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S3880 Latest Draft

Bill / Chaptered Version Filed 04/03/2025

                            CHAPTER 9   An Act concerning the financing of certain hazard mitigation and resilience projects in Fiscal Year 2025 and amending P.L.2024, c.45.        Be It Enacted by the Senate and General Assembly of the State of New Jersey:        1.  Section 1 of P.L.2024, c.45 is amended to read as follows:        1.  As used in P.L.2024, c.45, as amended by P.L.2025, c.9:      "Bank" means the New Jersey Infrastructure Bank, established pursuant to section 4 of P.L.1985, c.334 (C.58:11B-4).      "CHAMP" means the Community Hazard Assistance Mitigation Program established pursuant to section 5 of P.L.2023, c.63 (C.58:11B-5a).      "Loan origination fee" means the fee charged by the bank to pay a portion of the costs incurred by the bank in the implementation of the Community Hazard Assistance Mitigation Program.      "Project sponsor" means a local government unit receiving a loan from the bank pursuant to P.L.2024, c.45, as amended by P.L.2025, c.9.        2.  Section 2 of P.L.2024, c.45 is amended to read as follows:        2. a. The New Jersey Infrastructure Bank is authorized to expend the aggregate sum of  $13,813,000, or such amounts as can be supported through balances in the "Community Hazard Assistance Mitigation Program Revolving Loan Fund" established pursuant to section 3 of P.L.2023, c.63 (C.58:11B-10.6), including any appropriations from the Legislature, for the purpose of making loans to, or on behalf of, local government units to finance all or a portion of the cost of construction of the projects listed in section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9.      b.    The bank is authorized to increase the aggregate sum specified in subsection a. of this section by acquiring additional lending capital.  The bank is authorized to utilize the following sources of funds to acquire such lending capital or for any purpose of the Community Hazard Assistance Mitigation Program:      (1)   the amounts of interest earned pursuant to a loan made to a project sponsor participating in CHAMP;      (2)   the interest earned on amounts deposited pending their distribution to project sponsors, as provided in subsection b. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9; and      (3)   the amounts of the loan origination fee, as provided in subsection c. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9, and any other CHAMP fees.        3.  Section 3 of P.L.2024, c.45 is amended to read as follows:        3.    The New Jersey Infrastructure Bank is authorized to make loans to, or on behalf of, the project sponsors for the hazard mitigation and resilience projects listed in subsection a. of section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9, up to the individual amounts indicated and in the priority stated, except that any such amount may be reduced by the bank pursuant to subsection a. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9, or if a project fails to meet the requirements of section 5 of P.L.2024, c.45, as amended by P.L.2025, c.9.  The bank is authorized to increase any such amount pursuant to subsections b. and c. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9.          4.  Section 4 of P.L.2024, c.45 is amended to read as follows:        4. a. The following CHAMP projects shall be known and may be cited as the "State Fiscal Year 2025 Community Hazard Assistance Mitigation Program Project Eligibility List":   Applicant, Project No.              Project Description                             Estimated Total                         Estimated Total                                                                                                                              Project Amount                           Loan Amount Jersey City, RB0906-001          McGovern Park Resilience                  $5,053,524                                             $1,360,000  Hoboken City, RB0905-001     Southwest Park Expansion                  $13,188,272                                           $1,800,000  Stafford Township,                     Elevations                                               $2,532,436                                                 $570,000    RB1531-001 Bergen County Utilities              Flood Mitigation of Joint Meeting     $5,993,832                                             $1,610,000    Authority, RB0200-UA-001     Pump Station Brick Township Municipal        Brick Reservoir Resilient                     $3,768,155                                             $1,040,000   Utilities Authority                       Infrastructure Improvements   RB1507-UA-001 Rochelle Park Township,           Reconstruction of Sanitary                  $2,595,146                                             $2,140,000   RB0254-001                                Sewer Pump Station Rochelle Park Township,           Elevations                                               $3,364,023                                                 $360,000   RB0254-002 Highlands Borough                     Highlands and Monmouth Hills          $16,205,280                                           $4,413,000   RB1319-001                                Flood Mitigation and                                                           Green Infrastructure Marlboro Township,                   Nolan Road                                            $1,757,775                                                 $520,000   RB1330-001                                Streambank Stabilization Total Projects: 9                                                                                          $54,458,443                                         $13,813,000         b.    The bank is authorized to adjust the allowable loan amount for each project authorized in this section as appropriate, provided that the total amount of loan issuance remains within available funds, and each loan is issued pursuant to the terms and conditions of the State Fiscal Year 2025 Community Hazard Assistance Mitigation Program.        5.  Section 5 of P.L.2024, c.45 is amended to read as follows:        5.    Any loan made by the New Jersey Infrastructure Bank pursuant to P.L.2024, c.45, as amended by P.L.2025, c.9, shall be subject to the requirements of this section.      a.     The chairperson, vice-chairperson, or secretary of the bank shall certify that the project complies with the applicable provisions of P.L.2023, c.63, P.L.1985, c.334, and any amendatory and supplementary acts thereto, and any rules and regulations adopted pursuant thereto, as applicable, and any policy statements relating to CHAMP set forth in the State Fiscal Year 2025 CHAMP Financial Plan.  In making this certification, the chairperson, vice-chairperson, or secretary may conclusively rely on the project review conducted by the State Office of Emergency Management without any independent review thereof by the bank.      b.    The loan shall be conditioned upon inclusion of the project on a project eligibility list approved pursuant to section 6 of P.L.2023, c.63 (C.58:11B-20.5).      c.     The loan shall be repaid within a period not to exceed 30 years of project completion or the making of the loan.      d.    The loan shall not exceed the allowable project cost of the project, exclusive of capitalized interest, administrative expenses associated with federal funding programs, if applicable, interest earned on project costs as provided in subsection b. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9, the amounts of the loan origination fee as provided in subsection c. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9, and increased costs as determined in accordance with the requirements of section 8 of P.L.2023, c.63 (C.58:11B-10.8) and any policy statements relating to CHAMP set forth in the State Fiscal Year 2025 CHAMP Financial Plan.      e.     The loan shall bear interest, exclusive of any cost of issuance charges, late charges, or administrative fees payable to the bank pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5) and pursuant to the provisions of the "Safeguarding Tomorrow through Ongoing Risk Mitigation Act", Pub. L. 116-284, by the project sponsors receiving Community Hazard Assistance Mitigation Program loans in accordance with the terms and conditions set forth in the financial plan required pursuant to section 7 of P.L.2023, c.63 (C.58:11B-22.5).      f.     The loan shall be subject to all other terms and conditions as the bank shall determine to be consistent with the provisions of P.L.1985, c.334 (C.58:11B-1 et seq.) and any rules and regulations adopted pursuant thereto, the requirements of section 8 of P.L.2023, c.63 (C.58:11B-10.8), and any policy statements relating to CHAMP and the financial plan required by section 7 of P.L.2023, c.63 (C.58:11B-22.5).  The eligibility lists and authorization for the making of loans pursuant to P.L.2024, c.45, as amended by P.L.2025, c.9, shall expire on July 1, 2025, and any project sponsor which has not executed and delivered a loan agreement with the bank for a loan authorized in P.L.2024, c.45, as amended by P.L.2025, c.9, shall no longer be entitled to that loan.        6.  Section 6 of P.L.2024, c.45 is amended to read as follows:        6. a. The New Jersey Infrastructure Bank is authorized to reduce the individual amount of loan funds made available to, or on behalf of, project sponsors pursuant to section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9, based upon final building costs, as determined in accordance with the requirements of section 8 of P.L.2023, c.63 (C.58:11B-10.8) and any policy statements relating to CHAMP set forth in the State Fiscal Year 2025 CHAMP Financial Plan.  The bank is authorized to use any such reduction in the loan amount made available to a project sponsor to cover that project sponsor's increased costs due to differing site conditions or other allowable expenses, as determined in accordance with the requirements of section 8 of P.L.2023, c.63 (C.58:11B-10.8) and any policy statements relating to CHAMP to be set forth in the State Fiscal Year 2025 CHAMP Financial Plan.      b.    The bank is authorized to increase each loan amount authorized in section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9, by the amount of capitalized interest and interest accrued pursuant to a loan made to a project sponsor pursuant to the Community Hazard Assistance Mitigation Program, issuance expenses, and administrative expenses associated with federal funding programs allocable to each loan made by the bank pursuant to P.L.2024, c.45, as amended by P.L.2025, c.9.      c.     The bank is authorized to increase each loan amount authorized in section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9, by a loan origination fee.        7.  This act shall take effect immediately.        Approved January 30, 2025. 

CHAPTER 9

 

An Act concerning the financing of certain hazard mitigation and resilience projects in Fiscal Year 2025 and amending P.L.2024, c.45.

 

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

 

     1.  Section 1 of P.L.2024, c.45 is amended to read as follows:

 

     1.  As used in P.L.2024, c.45, as amended by P.L.2025, c.9:

     "Bank" means the New Jersey Infrastructure Bank, established pursuant to section 4 of P.L.1985, c.334 (C.58:11B-4).

     "CHAMP" means the Community Hazard Assistance Mitigation Program established pursuant to section 5 of P.L.2023, c.63 (C.58:11B-5a).

     "Loan origination fee" means the fee charged by the bank to pay a portion of the costs incurred by the bank in the implementation of the Community Hazard Assistance Mitigation Program.

     "Project sponsor" means a local government unit receiving a loan from the bank pursuant to P.L.2024, c.45, as amended by P.L.2025, c.9.

 

     2.  Section 2 of P.L.2024, c.45 is amended to read as follows:

 

     2. a. The New Jersey Infrastructure Bank is authorized to expend the aggregate sum of  $13,813,000, or such amounts as can be supported through balances in the "Community Hazard Assistance Mitigation Program Revolving Loan Fund" established pursuant to section 3 of P.L.2023, c.63 (C.58:11B-10.6), including any appropriations from the Legislature, for the purpose of making loans to, or on behalf of, local government units to finance all or a portion of the cost of construction of the projects listed in section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9.

     b.    The bank is authorized to increase the aggregate sum specified in subsection a. of this section by acquiring additional lending capital.  The bank is authorized to utilize the following sources of funds to acquire such lending capital or for any purpose of the Community Hazard Assistance Mitigation Program:

     (1)   the amounts of interest earned pursuant to a loan made to a project sponsor participating in CHAMP;

     (2)   the interest earned on amounts deposited pending their distribution to project sponsors, as provided in subsection b. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9; and

     (3)   the amounts of the loan origination fee, as provided in subsection c. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9, and any other CHAMP fees.

 

     3.  Section 3 of P.L.2024, c.45 is amended to read as follows:

 

     3.    The New Jersey Infrastructure Bank is authorized to make loans to, or on behalf of, the project sponsors for the hazard mitigation and resilience projects listed in subsection a. of section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9, up to the individual amounts indicated and in the priority stated, except that any such amount may be reduced by the bank pursuant to subsection a. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9, or if a project fails to meet the requirements of section 5 of P.L.2024, c.45, as amended by P.L.2025, c.9.  The bank is authorized to increase any such amount pursuant to subsections b. and c. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9.

 

     4.  Section 4 of P.L.2024, c.45 is amended to read as follows:

 

     4. a. The following CHAMP projects shall be known and may be cited as the "State Fiscal Year 2025 Community Hazard Assistance Mitigation Program Project Eligibility List":

 

Applicant, Project No.              Project Description                             Estimated Total                         Estimated Total 

                                                                                                                            Project Amount                           Loan Amount

Jersey City, RB0906-001          McGovern Park Resilience                  $5,053,524                                             $1,360,000 

Hoboken City, RB0905-001     Southwest Park Expansion                  $13,188,272                                           $1,800,000 

Stafford Township,                     Elevations                                               $2,532,436                                                 $570,000 

  RB1531-001

Bergen County Utilities              Flood Mitigation of Joint Meeting     $5,993,832                                             $1,610,000 

  Authority, RB0200-UA-001     Pump Station

Brick Township Municipal        Brick Reservoir Resilient                     $3,768,155                                             $1,040,000

  Utilities Authority                       Infrastructure Improvements

  RB1507-UA-001

Rochelle Park Township,           Reconstruction of Sanitary                  $2,595,146                                             $2,140,000

  RB0254-001                                Sewer Pump Station

Rochelle Park Township,           Elevations                                               $3,364,023                                                 $360,000

  RB0254-002

Highlands Borough                     Highlands and Monmouth Hills          $16,205,280                                           $4,413,000

  RB1319-001                                Flood Mitigation and

                                                          Green Infrastructure

Marlboro Township,                   Nolan Road                                            $1,757,775                                                 $520,000

  RB1330-001                                Streambank Stabilization

Total Projects: 9                                                                                          $54,458,443                                         $13,813,000 

 

     b.    The bank is authorized to adjust the allowable loan amount for each project authorized in this section as appropriate, provided that the total amount of loan issuance remains within available funds, and each loan is issued pursuant to the terms and conditions of the State Fiscal Year 2025 Community Hazard Assistance Mitigation Program.

 

     5.  Section 5 of P.L.2024, c.45 is amended to read as follows:

 

     5.    Any loan made by the New Jersey Infrastructure Bank pursuant to P.L.2024, c.45, as amended by P.L.2025, c.9, shall be subject to the requirements of this section.

     a.     The chairperson, vice-chairperson, or secretary of the bank shall certify that the project complies with the applicable provisions of P.L.2023, c.63, P.L.1985, c.334, and any amendatory and supplementary acts thereto, and any rules and regulations adopted pursuant thereto, as applicable, and any policy statements relating to CHAMP set forth in the State Fiscal Year 2025 CHAMP Financial Plan.  In making this certification, the chairperson, vice-chairperson, or secretary may conclusively rely on the project review conducted by the State Office of Emergency Management without any independent review thereof by the bank.

     b.    The loan shall be conditioned upon inclusion of the project on a project eligibility list approved pursuant to section 6 of P.L.2023, c.63 (C.58:11B-20.5).

     c.     The loan shall be repaid within a period not to exceed 30 years of project completion or the making of the loan.

     d.    The loan shall not exceed the allowable project cost of the project, exclusive of capitalized interest, administrative expenses associated with federal funding programs, if applicable, interest earned on project costs as provided in subsection b. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9, the amounts of the loan origination fee as provided in subsection c. of section 6 of P.L.2024, c.45, as amended by P.L.2025, c.9, and increased costs as determined in accordance with the requirements of section 8 of P.L.2023, c.63 (C.58:11B-10.8) and any policy statements relating to CHAMP set forth in the State Fiscal Year 2025 CHAMP Financial Plan.

     e.     The loan shall bear interest, exclusive of any cost of issuance charges, late charges, or administrative fees payable to the bank pursuant to subsection o. of section 5 of P.L.1985, c.334 (C.58:11B-5) and pursuant to the provisions of the "Safeguarding Tomorrow through Ongoing Risk Mitigation Act", Pub. L. 116-284, by the project sponsors receiving Community Hazard Assistance Mitigation Program loans in accordance with the terms and conditions set forth in the financial plan required pursuant to section 7 of P.L.2023, c.63 (C.58:11B-22.5).

     f.     The loan shall be subject to all other terms and conditions as the bank shall determine to be consistent with the provisions of P.L.1985, c.334 (C.58:11B-1 et seq.) and any rules and regulations adopted pursuant thereto, the requirements of section 8 of P.L.2023, c.63 (C.58:11B-10.8), and any policy statements relating to CHAMP and the financial plan required by section 7 of P.L.2023, c.63 (C.58:11B-22.5).  The eligibility lists and authorization for the making of loans pursuant to P.L.2024, c.45, as amended by P.L.2025, c.9, shall expire on July 1, 2025, and any project sponsor which has not executed and delivered a loan agreement with the bank for a loan authorized in P.L.2024, c.45, as amended by P.L.2025, c.9, shall no longer be entitled to that loan.

 

     6.  Section 6 of P.L.2024, c.45 is amended to read as follows:

 

     6. a. The New Jersey Infrastructure Bank is authorized to reduce the individual amount of loan funds made available to, or on behalf of, project sponsors pursuant to section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9, based upon final building costs, as determined in accordance with the requirements of section 8 of P.L.2023, c.63 (C.58:11B-10.8) and any policy statements relating to CHAMP set forth in the State Fiscal Year 2025 CHAMP Financial Plan.  The bank is authorized to use any such reduction in the loan amount made available to a project sponsor to cover that project sponsor's increased costs due to differing site conditions or other allowable expenses, as determined in accordance with the requirements of section 8 of P.L.2023, c.63 (C.58:11B-10.8) and any policy statements relating to CHAMP to be set forth in the State Fiscal Year 2025 CHAMP Financial Plan.

     b.    The bank is authorized to increase each loan amount authorized in section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9, by the amount of capitalized interest and interest accrued pursuant to a loan made to a project sponsor pursuant to the Community Hazard Assistance Mitigation Program, issuance expenses, and administrative expenses associated with federal funding programs allocable to each loan made by the bank pursuant to P.L.2024, c.45, as amended by P.L.2025, c.9.

     c.     The bank is authorized to increase each loan amount authorized in section 4 of P.L.2024, c.45, as amended by P.L.2025, c.9, by a loan origination fee.

 

     7.  This act shall take effect immediately.

 

     Approved January 30, 2025.