reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.26 - Unused funds

Current through Register Vol. 56, No. 14, July 15, 2024
Where the total amount disbursed under a Fund loan due to the low bid building cost is less than the initial Fund loan award, and/or where the total amount disbursed under a Fund loan due to the final building cost is less than the Fund loan amount due to the low bid building cost, the Fund loan shall be adjusted, if necessary, and the difference shall be retained by the Fund to be reallocated, pursuant to the provisions of a legislative appropriations act, to other environmental infrastructure facilities projects and shall not be available for increased costs (including increased costs due to differing site conditions). However, where allowable cost overruns occur, Fund moneys may be used to cover these cost overruns up to the loan amount. Line item adjustments for allowable project costs may be made at the request of the recipient provided the Fund loan amount in the Fund loan agreement is not exceeded and provided all project related contracts have been awarded. However, the Department shall not allow line item adjustments to reallocate funds resulting from cost underruns due to a reduction in project scope.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.27 - Publicity and signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Press releases and other public dissemination of information by the recipient concerning the project work shall acknowledge State loan support.
(b) A project identification sign bearing the emblem of the Department shall be displayed in a prominent location at each publicly visible project site and facility. The sign shall identify the project, State loan support, and other information as required by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.28 - Land acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
The cost for land may be determined to be an allowable cost by the Department in accordance with 7:22-5.7. The recipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( P.L. 91-646 (84 Stat. 1894) approved January 2, 1971).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.29 - Project initiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient shall expeditiously initiate and complete the project in accordance with the project schedule contained in the Fund loan agreement. Failure to promptly initiate and complete a project may result in the imposition of sanctions included in this subchapter.
(b) The recipient shall not advertise any contract or any addendum thereto for the building of the project until authorization to advertise the contract or any addendum thereto has been granted by the Department. Further, the recipient shall be required to execute the engineering agreement for building services prior to, or concurrently with, receipt of authorization to advertise. The recipient shall transmit an executed copy of the engineering agreement for building services to the Department immediately upon its execution.
(c) The recipient shall not award any subagreement(s) until authorization to award has been given by the Department.
(d) The recipient and the contractor to whom the subagreement(s) has been awarded shall attend a preconstruction conference with Department personnel prior to the issuance of a notice to proceed.
(e) The recipient shall award the subagreement(s) and issue notice(s) to proceed, where required, for building all significant elements of the project no later than 12 months after the loan closing, unless a specific extension has been approved by the Department.
(f) Failure to promptly award all subagreement(s) for building the project shall result in a limitation on allowable costs in accordance with 7:22-5.4(d)5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.30 - Project performance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of the actual date of initiation of operation of the project, the recipient shall, in writing, notify the Department.
(b) On the date one year after the initiation of operation, the recipient shall certify to the Department the performance record of the project. If the Department or the recipient concludes that the project does not meet the environmental infrastructure facilities' performance standards as specified in the Fund loan agreement, the recipient shall submit the following:
1. A corrective action report which includes an analysis of the cause of the project's failure to meet the performance standards and an estimate of the nature, scope and cost of the corrective action necessary to bring the project into compliance;
2. The schedule for undertaking in a timely manner the corrective action necessary to bring the project into compliance; and
3. The scheduled date for certifying to the Department that the project is meeting the specified performance standards.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.31 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Project costs shall be determined allowable to the extent permitted by N.J.A.C. 7:22-5, Determination of Allowable Costs: Fund and Trust.
(b) Notwithstanding (a) above, the Department shall not provide Fund loan moneys for costs of work that the Department determines is not in compliance with specifications or requirements of project contracts or the Fund loan agreement. Costs for work not in compliance with the contracts or agreement shall be unallowable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.32 - Preaward costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall not consider allowable those costs incurred for building activities, including equipment purchases and open space land acquisition performed or undertaken prior to closing the loan for the project, unless the project sponsor has met the requirements as specified in (a)1, 2 or 3, below:
1. The project sponsor has submitted items required at 7:22-3.11(d)3  through 19 to the Department prior to the advertisement of any contract for which cost reimbursement is being sought; the project sponsor has not advertised any contract or any addendum thereto, for which cost reimbursement is being sought, without the authorization to advertise the contracts or any addendum thereto being given by the Department in writing; and the project sponsor has not awarded any contract for which cost reimbursement is being sought without the authorization to award the contracts being given by the Department in writing.
2. The project sponsor has submitted items required at 7:22-3.11(d)3  through 19 to the Department and has received the Department's written approval thereof prior to the issuance of a notice to proceed with building the project and has met the provisions of the New Jersey Wastewater Treatment Privatization Act (58:27-1 et seq.), the Water Supply Privatization Act (58:26-1 et seq.) or other applicable procurement method authorized under State law.
3. In emergencies or instances where delay could result in significant cost increases or significant environmental impairment, the Department may approve certain activities such as procurement of major equipment, sewer replacement or rehabilitation, replacement or rehabilitation of transmission facilities, or building those portions of the environmental infrastructure facilities that are in need of immediate repair. However, advance approval shall not be given until after the Department reviews and approves an environmental assessment and any specific documents necessary to adequately evaluate the proposed action, including compliance with (a)1 or 2 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.33 - Force account work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A recipient must secure the Department's prior written approval for use of force account work for construction, construction-related activities or for repairs or improvements to a facility where costs exceed $ 25,000.
(b) The recipient shall demonstrate that:
1. The work can be accomplished cost effectively by the use of force account; or
2. Emergency circumstances necessitate its use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.34 - Planning and design

Current through Register Vol. 56, No. 14, July 15, 2024
The actual costs associated with the planning and design of environmental infrastructure facilities are allowable for reimbursement from the Fund or the Fund may provide an allowance to assist in defraying the planning and design costs to a project as a percentage of the allowable building cost in accordance with 7:22-5.12. Projects which have received financial assistance through a Federal grant, Pinelands Infrastructure Trust funding, the Sewage Infrastructure Improvement Act, or the Safe Drinking Water Act for costs associated with any portion of the project scope or for costs to address the project need, will not be eligible to receive reimbursement for actual costs incurred or an allowance for planning and/or design as appropriate in accordance with 7:22-5.12. Planning and/or design costs are not allowable costs under a post-construction supplemental Fund loan to address differing site conditions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.35 - Infiltration/inflow for wastewater treatment facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An infiltration/inflow analysis is required for sanitary sewer rehabilitation projects as part of the Project Report/Facilities Plan.
(b) The applicant shall demonstrate to the Department's satisfaction that each sewer system discharging into the wastewater treatment facility is not or will not be subject to excessive infiltration/inflow. For combined sewer overflow projects, in no case shall inflow be considered excessive.
(c) If the rainfall induced peak inflow rate results or will result in chronic operational problems or system surcharging during storm events or the rainfall induced total flow rate exceeds 275 gallons per capita per day during storm events, the applicant shall perform a sewer system evaluation survey including a cost effectiveness analysis to determine the quantity of excessive inflow and shall propose a rehabilitation program to eliminate the excessive inflow.
(d) If the flow rate at the existing wastewater treatment facility is less than 120 gallons per capita per day during periods of high groundwater, the applicant shall design the project including sufficient capacity to transport and treat any existing infiltration. If the applicant demonstrates that its sewer system is subject to excessive infiltration of 120 gallons per capita per day or more during periods of high groundwater, the applicant shall perform a sewer system evaluation survey including a cost effectiveness analysis and shall propose a rehabilitation program to eliminate the excessive infiltration.
(e) The provisions of (a) through (d) above are not intended to apply to stormwater management facilities projects. However, a similar analysis regarding the quality and quantity of infiltration/inflow into a stormwater sewer system may be required.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.36 - Reserve capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (d) below, for wastewater treatment facilities, the Department shall limit the recipient's Fund loan assistance to the cost of the project, to address the wastewater needs for which the planning requirements at N.J.A.C. 7:22-10 have been met, with a capacity based upon flow records, existing unsewered needs and flows anticipated as of the date of initiation of operation as established in the Fund loan agreement. In no case, however, shall the allowable capacity for existing flows exceed 120 gallons per capita per day. Flow projections shall be calculated in accordance with 7:14A-23.3 and 7:15-5.18.
(b) Except as provided in (d) below, for water supply facilities, the Department shall limit the recipient's Fund loan assistance to the cost of the project, to address the water supply needs for which the planning requirements at N.J.A.C. 7:22-10 have been met, with a capacity based on the existing population and water supply demand anticipated as of the date of initiation of operation as established in the Fund loan agreement.
(c) Except as provided in (d) below, the incremental cost for any project providing reserve capacity which, for the purposes of this section, includes capacity in excess of that provided by (a) or (b) above shall be unallowable costs under the Fund loan agreement, but may be allowable costs under a Trust loan agreement in accordance with 7:22-4.36. Incremental costs include all costs which would not have been incurred but for the reserve capacity (that is, any cost in addition to the most cost effective alternative with allowable capacity as described in (a) or (b) above).
(d) For Fund loan awards in State Fiscal Year 2004 and beyond, the incremental costs associated with reserve capacity, as described in (c) above, shall be an allowable cost under a Fund loan agreement for that portion of a project that serves a green light area on the Blueprint for Intelligent Growth (BIG) Map promulgated in rule by the Department. Until the Department promulgates the BIG Map in rule, the incremental costs associated with reserve capacity shall be an allowable cost under the Fund loan agreement for that portion of a project that serves an Urban Center or Urban Complex designated by the State Planning Commission in accordance with the New Jersey State Planning Act, 52:18A-196 et seq. and the State Development and Redevelopment Plan (adopted March 1, 2001).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.37 - Value engineering for wastewater treatment facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For wastewater treatment facilities, the applicant shall conduct value engineering if the total estimated building cost exceeds the building cost threshold as established in the Federal Water Pollution Control Act Amendments. As of March 1, 1998, the building cost threshold is $ 10 million.
(b) The value engineering recommendations shall be implemented to the maximum extent feasible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.38 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient shall administer Fund loans, acquire property pursuant to the award documents, and award contracts and subcontracts pursuant to those loans free from bribery, graft, and other corrupt practices. The recipient bears the primary responsibility for the prevention, detection and cooperation in the prosecution of any such conduct. The State shall also have the right to pursue administrative or other legally available remedies.
(b) The recipient shall pursue available judicial and administrative remedies and take appropriate remedial action with respect to any allegations or evidence of such illegality or corrupt practices. The recipient shall immediately notify the Department when such allegation or evidence comes to its attention, and shall periodically advise the Department of the status and ultimate disposition of any related matter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.39 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No recipient shall enter into a contract for work on environmental infrastructure facilities with any person debarred, suspended or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2.
(b) Recipients shall insert in every contract for work on a project a clause stating that the contractor may be debarred, suspended or disqualified from contracting on any project financially assisted by the State or the Department if the contractor commits any of the acts listed in N.J.A.C. 7:1D-2.
(c) The recipient, prior to acceptance of Fund loan moneys, shall certify that no contractor or subcontractor is included on the State Treasurer's list of debarred, suspended and disqualified bidders as a result of action by a State agency in addition to that of the Department. If Fund loan moneys are used for disbursement to a debarred firm, the Department reserves the right to immediately terminate (7:22-3.44 ) the Fund loan and/or take such other action pursuant to N.J.A.C. 7:1D-2 as is appropriate.
(d) Whenever a bidder is debarred, suspended, or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2, the recipient may take into account the loss of Fund loan moneys under these regulations which result from awarding a contract to such bidder, in determining whether such bidder is the lowest responsive and responsible bidder pursuant to laws, and the recipient may advise prospective bidders that these procedures shall be followed.
(e) Any person included on the State Treasurer's list as a result of action by a State agency, who is or may become a bidder on any contract which is or will be funded by a Fund loan under this subchapter, may present information to the Department why this section shall not apply to such person. If the Department determines that it is essential to the public interest and files a finding thereof with the New Jersey Attorney General, the Department may grant an exception from the application of this section with respect to a particular contract, in keeping with 7:1D-2.9. In the alternative, the Department may suspend or debar any such person, or take such action as may be appropriate, pursuant to N.J.A.C. 7:1D-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.40 - Noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any other remedies as may be provided by law or in the Fund loan agreement, in the event of noncompliance with any loan condition, requirement of this subchapter, or contract requirement or specification, the Department may take any of the following actions or combinations thereof:
1. Issue a notice of noncompliance pursuant to 7:22-3.41;
2. Withhold Fund loan moneys pursuant to 7:22-3.42;
3. Order suspension of project work pursuant to 7:22-3.43;
4. Terminate the Fund loan pursuant to 7:22-3.44; and/or
5. Issue administrative orders of enforcement pursuant to the New Jersey Water Pollution Control Act (58:10A-1 et seq.) or the Safe Drinking Water Act (58:12A-1 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.41 - Notice of noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
Where the Department determines that the recipient is in noncompliance with any condition or requirement of these rules or with any contract specification or requirement, it shall notify the recipient, its engineer, and/or the contractor of the noncompliance. The Department may require the recipient, its engineer, and/or contractor to take and complete corrective action within 10 working days of receipt of notice. If the recipient, its engineer, and/or contractor fails to take corrective action or if the action taken is inadequate, then the Department may issue a stop-work order or withhold disbursement. The Department may, however, withhold disbursement or issue a stop-work order pursuant to N.J.A.C. 7:22-3.423 and 3.43 without issuing a notice pursuant to this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.42 - Withholding of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may withhold, upon written notice to the recipient, a Fund loan disbursement or any portion thereof where it determines that a recipient has failed to comply with any loan condition, provision of this subchapter, or contract specification or requirement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.43 - Stop-work orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may order work to be stopped for good cause. Good cause shall include, but not be limited to, default by the recipient or noncompliance with the terms and conditions of the Fund loan. The Department shall limit use of stop-work orders to those situations where it is advisable to suspend work on the project or portion or phase of the project for important program or Department considerations.
(b) Prior to issuance, the Department shall afford the recipient an opportunity to discuss the stop-work order with Department personnel. The Department shall consider such discussions in preparing the order. Stop-work orders shall contain:
1. The reasons for issuance of the stop-work order;
2. A clear description of the work to be suspended;
3. Instructions as to the issuance of further orders by the recipient for materials or services;
4. Guidance as to action being taken on subagreements; and
5. Other suggestions to the recipient for minimizing costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.44 - Termination of loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Termination of loans by the Department shall be conducted as follows:
1. The Department may terminate a Fund loan in whole or in part for good cause. The term "good cause" shall include but not be limited to:
i. Substantial failure to comply with the terms and conditions of the Fund loan agreement;
ii. Default by the recipient;
iii. A determination that the Fund loan was obtained by fraud;
iv. Without good cause therefor, substantial performance of the project work has not occurred;
v. Gross abuse or corrupt practices in the administration of the project have occurred; or
vi. Fund moneys have been used for non-allowable costs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.45 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall make the initial decision regarding all disputes arising under a loan. The recipient shall specifically detail in writing the basis for its appeal. When a recipient so requests, the Department shall produce a decision in writing and mail or otherwise furnish a copy thereof to the recipient.
(b) If a recipient wishes to appeal the Department's decision under (a) above, the recipient shall request an administrative hearing within 15 calendar days of a decision by the Department. The request for an administrative hearing must specify in detail the basis for the appeal.
(c) Following receipt of a request for a hearing pursuant to (b) above, the Department may attempt to settle the dispute by conducting such proceedings, meetings and conferences as deemed appropriate.
(d) If the recipient raises a substantial and meritorious issue and such efforts at settlement fail, the Department shall file the request for an administrative hearing with the Office of Administrative Law. Administrative hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act (52:14B-1 et seq.), 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1H et seq. promulgated pursuant to those Acts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.46 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of this subchapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this subchapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter constitutes the rules of the Trust established pursuant to the Trust Act governing the disposition of appropriations made available pursuant to the Bond Acts, or any other moneys available to the Trust including future bond acts or other appropriations to provide financial assistance for construction of environmental infrastructure facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.2 - Construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be construed so as to permit the Trust to discharge its statutory functions and to effectuate the purposes of the law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated for the following purposes:
1. To implement the purposes and objectives of the Trust Act;
2. To establish policies and procedures for the distribution of funds appropriated or otherwise available to the Trust for the purpose of providing financial assistance to project sponsors through the issuance of Trust loans for the costs of the construction of environmental infrastructure facilities;
3. To protect the public, the State and the Trust's bondholders by ensuring that Trust moneys appropriated are spent in a proper manner and for the intended purposes;
4. To assure that the distribution and use of Trust moneys is consistent with the laws and policies of the State;
5. To establish minimum standards of conduct to prevent conflicts of interest and to ensure proper administration of funds;
6. To establish accounting procedures for the administration of Trust moneys;
7. To establish Trust loan repayment requirements; and
8. To establish standards for the construction of environmental infrastructure facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.5 - Trust funds and accounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Trust shall establish one or more general loan fund(s) into which may be deposited all revenues and receipts of the Trust, including moneys received as payment of principal and interest on loans made by the Trust, earnings on the moneys in any fund or account of the Trust, any grants or appropriations, other than those specified in (b) below, and all other moneys from any source available for the purpose of making Trust loans to applicants for the construction of environmental infrastructure facilities.
(b) The Trust shall establish reserve and guarantee funds into which will be deposited the proceeds from any State bonds authorized for deposit in the Trust or other funds appropriated by law to the Trust for deposit in the reserve and guarantee funds. The reserve funds will be used by the Trust to secure debt issued by the Trust. The guarantee funds will be used by the Trust to secure debt issued by a project sponsor.
(c) Except for interim loans, the Trust shall not expend any moneys for loans during a fiscal year unless the expenditure is authorized pursuant to a project specific appropriations act by the Legislature in accordance with the Trust Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.6 - Terms of the loans from the Trust

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Trust may offer loans for up to 100 percent of allowable project costs for the construction of environmental infrastructure facilities but may offer a range of options regarding the term, interest rate and level of loan funding.
(b) The term of the Trust loans will not exceed 20 years or as indicated in the Trust loan agreement. Trust loan repayments shall be made by the recipient in accordance with the repayment schedule indicated in the Trust loan agreement. Principal and accrued interest with respect to a particular Trust loan may, however, be prepaid in accordance with the provisions of the relevant Trust loan agreement. Interest on the Trust loan will accrue as indicated in the financial plan submitted to the Legislature pursuant to Section 21 of the Trust Act.
(c) Applicants shall secure all Trust loans in a manner acceptable to the Trust. Acceptable security arrangements include, but are not limited to, general obligation bonds of the local government unit, service/deficiency agreement(s) with other local government units with general taxing power, bond insurance, surety bonds, revenue bonds, debt service reserve funds, letters of credit and other arrangements acceptable to the Trust.
(d) Trust loan proceeds will be disbursed to recipients in accordance with 7:22-4.24.
(e) The specific terms and conditions of the Trust loan shall be incorporated in the Trust loan agreement to be executed by the Trust and recipient.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.7 - Criteria for project loan priority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each year, the Department shall develop a Priority System, Intended Use Plan and Project Priority List for wastewater treatment, stormwater management and nonpoint source management facilities and a Priority System, Intended Use Plan and Project Priority List for water supply facilities for the specified Federal fiscal year(s). The Priority System establishes the ranking methodology. For wastewater treatment, stormwater management and nonpoint source management facilities, the ranking methodology evaluates projects individually for their anticipated impacts on existing and potential water uses in combination with present water quality conditions. For water supply facilities, the ranking methodology evaluates projects individually for their anticipated impacts on existing water supply needs to achieve or maintain compliance with the Federal and State Safe Drinking Water Acts. The Intended Use Plan includes information on the timing, use and distribution of Federal funds anticipated to be made available to New Jersey for financing the construction of environmental infrastructure facilities. The Project Priority List presents the projects initially eligible for funding according to their cumulative scores derived from application of the Priority System. Criteria for project loan priority shall be developed by the Department in accordance with the provisions of 7:22-3.7.
(b) Each year, each proposed Priority System, Intended Use Plan and Project Priority List will be the subject of at least one public hearing and a public comment period. Each Priority System, Intended Use Plan and Project Priority List proposal shall specify the procedures by which sponsors may request inclusion of their project(s) on the Project Priority List and the document submittal schedule (including commitment letter, planning, design and loan application deadlines) for the specified Federal fiscal year(s). The project sponsor shall submit the following when requesting inclusion in the Project Priority List:
1. Brief description of the environmental infrastructure project;
2. Brief description of existing water quality deficiencies or water supply needs; and
3. Estimated costs associated with building the project, excluding planning and design expenses.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.8 - Eligibility for State and Federal funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, in conjunction with the Trust, shall develop and submit to the Legislature for the forthcoming State fiscal year a priority system and project priority list as required by the Trust Act and the Stormwater Management and Combined Sewer Overflow Abatement Bond Act, which shall be based, in all substantial respects, upon the applicable sections of the Priority System, Intended Use Plan and Project Priority List.
(b) If a project sponsor is awarded a Trust loan in addition to funding from any other Federal or State grant or loan, the total amount of such other funding and the Trust loan shall not exceed the allowable costs of the project. If a project sponsor is awarded funding from any other Federal or State grant or loan after the Trust has awarded a Trust loan to the project sponsor, the Trust shall reduce the loan in the amount of such other funding. If a project sponsor is awarded funding from any other Federal or State grant or loan after the Trust has made disbursement from the Trust loan, the project sponsor shall, within 60 days of notice of the award of such other funding, reimburse the Trust in the amount of such other funding. If both a Trust loan (pursuant to this subchapter) and a Fund loan (pursuant to N.J.A.C. 7:22-3 ) are received in combination with funding from any other Federal or State grant or loan, the Fund and Trust loans will be proportionally reduced.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.9 - Project bypassing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Failure of the project sponsor to advise the Department, in writing of the project sponsor's commitment to meet the project document submittal schedule by the deadline identified in the proposed Priority System, Intended Use Plan and Project Priority List will, without further notice by the Department, result in the project becoming ineligible for a Trust loan for the specified State fiscal year(s).
(b) Failure of the project sponsor to submit complete planning documents, design documents and applications within the time periods specified in the Priority System, Intended Use Plan and Project Priority List for the specified State fiscal year(s) will result in the Trust's bypassing of the project sponsor's project unless the Trust, at its discretion approves, for good cause, an extension to these periods.
(c) Written notice of a bypass action shall be sent to the project sponsor. As a result of such an action, the project on the Project Priority List shall become ineligible to receive a Trust loan in the specified State fiscal year(s). This may allow the next highest ranked project to fall within the fundable range on the Project Priority List.
(d) The Trust shall bypass a project sponsor's project on the Project Priority List in cases where the Trust has given priority to funding other projects on the Project Priority List in accordance with 7:22-4.7(d) or (e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.10 - Pre-application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Project sponsors are urged to be familiar with the requirements of this subchapter and to contact the Trust early in the planning process so that their projects are in a position to proceed (that is, planning and design completed) in a timely manner. Project sponsors should be aware that Department approvable plans and specifications are required as part of the application for a Trust loan.
(b) The Trust requires a pre-application conference with potential applicants prior to submission of a formal application for a Trust loan. During the conference the Trust shall identify and explain all loan application documents. This conference is not part of the application procedures and verbal statements made during the conference shall not bind the Trust.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.12 - Use and disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
All loan applications and other submissions, when received by the Trust, constitute public records. The Trust shall make them available to persons who request their release to the extent required by New Jersey and/or Federal law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.13 - Evaluation of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each application shall be subject to:
1. Preliminary administrative review to determine the completeness of the application. The applicant will be notified of the completeness or deficiency of the application;
2. Programmatic, technical, and scientific evaluation to determine the merit and relevance of the project to the Trust's program objectives;
3. Budget evaluation to determine whether proposed project costs are reasonable, applicable, and allowable; and
4. Final administrative evaluation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.14 - Supplemental information

Current through Register Vol. 56, No. 14, July 15, 2024
At any stage during the evaluation process, the Trust may require supplemental documents or information necessary to complete full review of the application. The Trust may suspend its evaluation until such additional information or documents have been received.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.15 - Trust loan agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Trust shall prepare and transmit the Trust loan agreement to the applicant. The Trust loan agreement shall set forth the terms and conditions of the Trust loan, approved project scope, allowable and unallowable project costs, estimated Trust loan disbursement schedule, estimated loan repayment schedule and the approved commencement and completion dates for the project or major phases thereof.
(b) The Trust loan agreement shall be executed by the applicant within such period of time and pursuant to such terms and conditions as the Trust may determine.
(c) The Trust, pursuant to such terms and conditions as it may determine, may require the applicant to irrevocably commit itself through a loan commitment letter, escrow agreement or other similar document to borrow the amount for which it has made application under the terms and conditions of the Trust loan agreement transmitted to the applicant.
(d) The Trust loan agreement and/or loan commitment letter, escrow agreement or other similar document shall be executed by a person authorized to obligate the applicant to the terms and conditions of the particular document for the project specified therein. For local government units, a certified copy of the authorizing resolution shall be delivered to the Trust at the time that the executed Trust loan agreement, loan commitment letter, escrow agreement or similar document is delivered to the Trust. If the applicant is a private entity, a letter from the private entity authorizing the execution of the Trust loan agreement and specifying the individual authorized to represent the private entity shall be delivered to the Trust at the time that the executed Trust loan agreement, loan commitment letter, escrow agreement or other similar document is delivered to the Trust.
(e) The Trust loan agreement is deemed to incorporate all requirements, provisions, and information in documents or papers submitted to the Trust in the application process.
(f) The Trust loan agreement shall not be executed by the Trust if the applicant is in current default on any State loan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.16 - Trust loan award and closing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the execution of the Trust loan agreement by the Trust and the recipient, the Trust loan is awarded and the agreement becomes effective and constitutes an obligation of the Trust in accordance with its terms and conditions. The obligation of the Trust under a Trust loan agreement is contingent upon the availability of funds from which disbursements can be made. The Trust loan is considered closed as indicated in the Trust loan agreement.
(b) The award or closing of the Trust loan does not commit or obligate the Trust to award any continuation or supplemental Trust loan to cover cost overruns of the project. Cost overruns for any project or portion thereof are the sole responsibility of the recipient.
(c) The award or closing of a Trust loan by the Trust shall not be used as a defense by the applicant to any action by any agency for the applicant's failure to obtain all requisite permits, licenses and operating certificates for its respective projects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.18 - Administration and performance of loan

Current through Register Vol. 56, No. 14, July 15, 2024
The recipient bears primary responsibility for the administration and success of the project, including any subagreements made by the recipient for accomplishing the Trust loan objectives. Although recipients are encouraged to seek the advice and opinion of the Trust on problems that may arise, the giving of such advice does not shift the responsibility for final decisions from the recipient to the Trust.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.19 - Project changes and loan modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Trust loan modification means any written alteration of the terms or conditions, budget or project method or other administrative, technical or financial provisions of the Trust loan agreement.
(b) The recipient shall promptly notify the Trust in writing (certified mail, return receipt requested) of events or proposed changes which may require a Trust loan modification, including but not limited to:
1. Rebudgeting;
2. Changes in approved technical plans or specifications for the project;
3. Changes which may affect the approved scope or objectives of the project;
4. Significant, changed conditions at the project site;
5. Acceleration or deceleration in the time for performance of the project or any major phase thereof; and
6. Changes which may increase or substantially decrease the total cost of a project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 4 - TRUST PROCEDURES AND REQUIREMENTS › Section 7:22-4.20 - Trust loan agreement amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Trust shall require a Trust loan agreement amendment to change principal provisions of a Trust loan agreement where the Trust determines that project changes substantially alter the objective or scope of the project or time of performance of the project or any major phase thereof or to change substantially a term or condition of the Trust loan agreement.
(b) In the event that additional moneys are needed due to the low bid building cost being higher than the original Trust loan amount, the recipient may request a supplemental Trust loan. The Trust may execute a supplemental Trust loan agreement only after passage of a subsequent legislative act providing moneys for the specific project of concern. The recipient shall be responsible for all other increased costs.
(c) In the event that additional moneys in excess of any existing Trust loan award(s) are needed due to differing site conditions, the recipient may request a post-construction supplemental Trust loan. The Trust may execute a post-construction supplemental Trust loan agreement only after passage of a subsequent legislative act providing moneys for the specific project of concern. The recipient shall be responsible for all other increased costs.