reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.12 - Grant agreement

Current through Register Vol. 56, No. 14, July 15, 2024
Upon execution of the grant agreement by the Department, the Department shall transmit the grant agreement (certified mail, return receipt requested) to the applicant for execution. The applicant shall execute it and return it within 30 calendar days after receipt. The Department may, at its discretion, extend the time for execution. The grant agreement shall set forth the approved project scope, budget (including the federal and State shares) and project periods, and total project costs. The grant agreement shall be deemed to incorporate all requirements, provisions, and information in documents or papers submitted to the Department in the application process.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.13 - Effect of the grant award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grant shall constitute an obligation of the Water Conservation Bond Act, Clean Waters Bond Act, Natural Resources Bond Act or the Fund established pursuant to the act of legislature appropriating moneys for the purposes of this subchapter in the amount and for the purposes stated in the grant agreement. A grant shall become effective immediately after its execution by the Department and the applicant.
(b) The approval of a project or the award of any grant shall not commit or obligate the Department to award any continuation grant or to enter in to any grant agreement, including grant increases to cover cost overruns, with respect to any approved project or portion thereof.
(c) The Department's approval can 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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.14 - Eligibility and criteria

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant is eligible for a State grant if the applicant has been awarded a Federal grant pursuant to section 201 of the Federal Act. A project shall receive priority for State assistance based upon the date on which a Federal grant has been awarded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.15 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Project costs shall be allowed to the extent permitted by 40 C.F.R. 35.2250 or any amendments thereto under the Federal grant program pursuant to section 201 of the Federal Act, and to the extent permitted by this subchapter.
(b) Project costs shall be computed as directed by 40 C.F.R. Parts 30 and 33 et seq. and amendments thereto.
(c) Notwithstanding (a) and (b) above, the Department shall not allow costs for work that the Department determines is not in compliance with specifications or requirements of project contracts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.16 - Unused funds

Current through Register Vol. 56, No. 14, July 15, 2024
Where the total amount paid under a grant or grant amendments for the final building costs is less than the amount appropriated by the Legislature for the grantee's project, the difference in amount shall be deobligated and retained by the State for a reallocation pursuant to the Clean Waters Bond Act ( P.L. 1976, c.92), the Water Conservation Bond Act of 1969 ( P.L. 1969, c.127), the Natural Resources Bond Act of 1980 ( P.L. 1980, c.70), or any act of legislature appropriating monies for the purposes of this subchapter as appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.17 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient shall administer grants, acquire property pursuant to the grant agreement, and award contracts and subcontracts under those grants free from bribery, graft, kickbacks, 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 matter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.19 - Administration and performance of grants

Current through Register Vol. 56, No. 14, July 15, 2024
The recipient bears primary responsibility for the administration and success of the grant project, including any subagreements made by the recipient for accomplishing grant objectives. Although recipients are encouraged to seek the advice and opinion of the Department on problems that may arise, the giving of such advice shall not shift the responsibility for final decisions from the recipient to the Department. The primary concern of the Department is that grant funds awarded pursuant to this subchapter be used in conformance with applicable Federal and State requirements to achieve grant and program objectives to promote the most efficient use of public funds, and to make optimum contributions to the betterment of the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.20 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient and its contractor and subcontractors shall provide to Department personnel and any authorized representative of the Department access to the facilities, premises and records related to the project.
(b) The recipient shall submit to the Department such documents and information as requested by the Department.
1. All recipients, contractors and subcontractors may be subject to a financial audit.
2. Records shall be retained and available to the Department for a minimum of three years after issuance of the final grant payment by the Department. If litigation, a claim, an appeal, or an audit is begun prior to the end of the three year period, records shall be retained and available until the three years have passed or until the action is completed and resolved, whichever is longer.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.21 - State payment

Current through Register Vol. 56, No. 14, July 15, 2024
Payment of State funds shall be made at intervals as work progresses and expenses are incurred, but in no event shall payment exceed eight percent of the eligible costs which have been incurred to that time. Each payment shall be approved by the Department prior to disbursement to the recipient.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.22 - Assignment

Current through Register Vol. 56, No. 14, July 15, 2024
The right to receive payment under a grant may not be assigned, nor may payments due under a grant be similarly encumbered.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.23 - 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 grant support.
(b) A project identification sign shall be displayed in a prominent location at each publicly visible project site and facility. The sign shall identify the project and State grant support.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.24 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No recipient shall enter into a contract for work on a wastewater treatment project 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 advertised after January 5, 1987 a clause stating that the contractor may be debarred, suspended or disqualified from contracting with the State and the Department if the contractor commits any of the acts listed in 7:1D-2.2.
(c) The recipient, prior to acceptance of State funds, 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 other than the Department of Environmental Protection. If State funds are used for payment to a debarred firm, the Department reserves the right to 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 State funds under these regulations which result from awarding a contract to such bidder, in determining whether such bidder is the lowest responsive, responsible bidder pursuant to law; and the recipient may advise prospective bidders that these procedures will be followed.
(e) Any person included on the Treasurer's List as a result of action by a State agency other than the Department, who is or may become a bidder on any contract which is or will be funded under this subchapter may present information to the Department why this section should not apply to such person. If the Department determines that it is essential to the public interest and files a finding thereof with the 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 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.25 - Project changes and grant modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grant modification means any written alteration of the grant amount, grant terms or conditions, budget or project method or other administrative, technical or financial agreements.
(b) The recipient shall promptly notify the Department in writing (certified mail, return receipt requested) of events or proposed changes which may require a grant 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 a 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;
6. Changes which may increase or substantially decrease the total cost of a project;
7. Changes in key personnel identified in the grant agreement or a reduction in time of effort devoted to the project by such personnel; or
8. Changes in construction contracts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.26 - Formal grant amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall require a formal grant amendment to change principal provisions of a grant where project changes substantially alter the cost or time of performance of the project or any major phase thereof; or substantially alter the objective or scope of the project by key personnel.
(b) The Department and recipient shall effect a formal grant amendment only by a written amendment to the grant agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.27 - Administrative grant changes

Current through Register Vol. 56, No. 14, July 15, 2024
Administrative changes by the Department, such as a change in the designation of key Department personnel or of the office to which a report is to be transmitted by the recipient, or a nonsubstantial alteration of the payment schedule for grants for construction of wastewater treatment facilities, constitute changes to the grant agreement (but not necessarily to the project work) and do not affect the substantive rights of the Department or the recipient. The Department may issue such changes unilaterally. Such changes shall be in writing and shall generally be effected by a letter (certified mail, return receipt requested) to the recipient.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.28 - Other changes

Current through Register Vol. 56, No. 14, July 15, 2024
All other project changes, which do not require formal grant amendment, require written approval of the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.29 - Noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to other remedies as may be provided by law, in the event of noncompliance with any grant 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 7:22-2.30;
2. Withhold grant funds pursuant to 7:22-2.31;
3. Order suspension of project work pursuant to 7:22-2.32;
4. Terminate or rescind a grant pursuant to 7:22-2.33 and 7:22-2.34; or
5. Issue administrative orders of enforcement pursuant to the New Jersey Water Pollution Control Act (58:10A-1 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.30 - 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 payment. The Department may, however, issue a stop-work order or withhold payment pursuant to 7:22-2.31 and 2.32 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 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.31 - Withholding of funds

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may withhold a grant payment or any portion thereof where it determines in writing that a recipient has failed to comply with any grant 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 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.32 - 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, noncompliance with the terms and conditions of the grant. The Department shall limit use of a stop-work order 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 the 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 sub-agreements; 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 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.33 - Termination of grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may terminate a grant for good cause subject to negotiation and payment of appropriate termination settlement costs. The term "good cause" shall include, but not be limited to, substantial failure to comply with the terms and conditions of the grant.
1. The Department shall give written notice to the recipient (certified mail, return receipt requested) of intent to terminate a grant in whole or in part at least 10 days prior to the intended date of termination.
2. The Department shall afford the recipient an opportunity for consultation prior to any termination. After such opportunity for consultation, the Department may, in writing (certified mail, return receipt requested), terminate the grant in whole or in part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.34 - Rescission of grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, in writing, rescind the grant if it determines that:
1. Without good cause, substantial performance of the project work has not occurred;
2. The grant was obtained by fraud; or
3. Gross abuse or corrupt practices in the administration of the project have occurred.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.35 - Administrative order of enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the authority of N.J.S.A. 58:10A-5d and N.J.S.A. 58:10A-6b, the Department may:
1. Issue an order to "cease and desist" unpermitted construction, pursuant to N.J.S.A. 58:10A-10b;
2. Issue an order revoking the permit to operate, pursuant to N.J.S.A. 58:10A-106 and 7:14-2.7;
3. Issue an order to "cease and desist" combined with an assessment of a civil administrative penalty, pursuant to N.J.A.C. 7:14-8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.36 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall attempt to decide all disputes arising under a grant. When a recipient so requests, the Department shall reduce a decision to 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 a hearing within 15 calendar days of a decision by the Department. Where required by law, the Department shall grant an administrative hearing based upon such request and file the matter with the Office of Administrative Law. Administrative hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act, 52:14D-1 et seq., 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, promulgated pursuant to those acts.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 2 - MATCHING GRANT PROCEDURES AND REQUIREMENTS › Section 7:22-2.37 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of these rules or the application thereof is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the provisions of these rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter constitutes the rules of the Department governing the disposition of appropriations pursuant to the Bond Acts, the Federal Water Pollution Control Act Amendments, the Federal Safe Drinking Water Act Amendments, or any other monies available, including future bond acts and appropriations to provide financial assistance for environmental infrastructure facilities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.2 - Construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be construed so as to permit the Department to discharge its statutory functions and to effectuate the purpose of the law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.3 - 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 Bond Acts, and future bond acts and appropriations;
2. To establish policies and procedures for the distribution of funds appropriated pursuant to the Bond Acts, the Federal Water Pollution Control Act Amendments, the Federal Safe Drinking Water Act Amendments and other moneys available to the Fund for the purpose of providing financial assistance to project sponsors through the issuance of Fund loans for the costs of the construction of environmental infrastructure facilities;
3. To protect the public and the State by ensuring that Fund monies appropriated are spent in a proper manner and for the intended purposes;
4. To assure that the distribution and use of Fund monies 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 Fund moneys;
6. To establish accounting procedures for the administration of Fund monies;
7. To establish Fund 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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.5 - Bond Act Funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The proceeds from the sale of bonds, allocated and issued pursuant to the Bond Acts, shall be paid to the State Treasurer and held thereby in separate interest bearing accounts specifically dedicated to making zero or low interest Fund loans to applicants for financing the cost of the construction of environmental infrastructure facilities.
(b) Any Federal or State funds which may be made available to the State for loans to applicants for the construction of environmental infrastructure facilities may be deposited into the appropriate Fund(s).
(c) The moneys in the Fund are specifically dedicated and shall be used for the purposes identified in 7:22-3.3; however, no moneys shall be expended from the Fund for those purposes without the specific appropriation thereof by the Legislature.
(d) Payments of principal and interest on loans awarded from the Fund shall be made to the Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.6 - Terms of the Fund loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Fund 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 Fund loans will generally be 20 years or as indicated in the Fund loan agreement. Fund loan repayments shall be made by the recipient in accordance with the repayment schedule indicated in the Fund loan agreement. Principal and accrued interest, if any, with respect to a particular Fund loan may, however, be prepaid in accordance with the provisions of the relevant Fund loan agreement. Interest, if any, on the Fund loan will accrue as indicated in the Fund loan agreement.
(c) Applicants shall secure all Fund loans in a manner acceptable to the Department. Acceptable security arrangements include, but are not limited to, general obligation bonds of the local government unit, service/deficiency agreement(s) with 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 Department.
(d) Fund loan proceeds will be disbursed to recipients in accordance with 7:22-3.24.
(e) The specific terms and conditions of the Fund loan shall be incorporated in the Fund loan agreement to be executed by the recipient and the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.7 - 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.
(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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.8 - 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 is 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 Fund loan in addition to funding from any other Federal or State grant or loan, the total amount of such other funding and the Fund 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 Department has awarded a Fund loan to the project sponsor, the Department shall reduce the Fund 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 Department has made disbursement from the Fund loan, the project sponsor shall, within 60 days of notice of the award of such other funding, reimburse the Fund in the amount of such other funding. If both a Fund loan (pursuant to this subchapter) and a Trust loan (pursuant to N.J.A.C. 7:22-4 ) 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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.9 - 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 Fund 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 Department's bypassing of the project sponsor's project unless the Department, 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 Fund 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 Department shall bypass a project on the Project Priority List in cases where the Department has given priority to funding other projects on the Project Priority List in accordance with 7:22-3.7(d) or (e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.10 - 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 Department 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 Fund loan.
(b) The Department requires a pre-application conference with potential applicants prior to submission of a formal application for a Fund loan. During the conference the Department 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 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 7:22-3.12 - 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 Department, constitute public records. The Department 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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.13 - 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 Department'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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.14 - Supplemental information

Current through Register Vol. 56, No. 14, July 15, 2024
At any stage during the evaluation process, the Department may require supplemental documents or information necessary to complete full review of the application. The Department 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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.15 - Fund loan agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall prepare and transmit the Fund loan agreement to the applicant. The Fund loan agreement sets forth the terms and conditions of the Fund loan, approved project scope, allowable and unallowable project costs, estimated Fund loan disbursement schedule, estimated loan repayment schedule and the approved commencement and completion dates for the project of major phases thereof.
(b) The Fund loan agreement shall be executed by the applicant within such period of time and pursuant to such terms and conditions as the Department may determine.
(c) The Department, 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 Fund loan agreement transmitted to the applicant.
(d) The Fund 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 Department at the time that the executed Fund loan agreement, loan commitment letter, escrow agreement or other similar document is delivered to the Department. If the applicant is a private entity, a letter from the private entity authorizing the execution of the Fund loan agreement and designating the individual authorized to execute the Fund loan agreement shall be delivered to the Department at the time that the executed Fund loan agreement, loan commitment letter, escrow agreement or other similar document is delivered to the Department.
(e) The Fund loan agreement is deemed to incorporate all requirements, provisions, and information in documents or papers submitted to the Department in the application process.
(f) The Fund loan agreement shall not be executed by the State 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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.16 - Fund loan award and closing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the execution of the Fund loan agreement by the State and the recipient, the Fund loan is awarded and the agreement becomes effective and constitutes an obligation of the appropriate Fund(s) in accordance with the terms and conditions of the applicable Bond Act(s) and Federal and State law. The obligation of the State under a Fund loan agreement is contingent upon the availability of appropriated funds from which disbursements can be made. The Fund loan is considered closed as indicated in the Fund loan agreement.
(b) The award or closing of the Fund loan does not commit or obligate the State to award any continuation or supplemental Fund 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 Fund loan by the State cannot 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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.18 - 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 Fund loan objectives. Although recipients are encouraged to seek the advice and opinion of the Department on problems that may arise, the giving of such advice does not shift the responsibility for final decisions from the recipient to 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 7:22-3.19 - Project changes and loan modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Fund loan modification means any written alteration of the terms or conditions, budget or project method or other administrative, technical or financial provisions of the Fund loan agreement.
(b) The recipient shall promptly notify the Department in writing (certified mail, return receipt requested) of events or proposed changes which may require a Fund 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 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.20 - Fund loan agreement amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall require a Fund loan agreement amendment to change principal provisions of a Fund loan agreement where the Department 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 Fund loan agreement.
(b) In the event that additional moneys are needed due to the low bid building cost being higher than the original Fund loan amount, the recipient may request a supplemental Fund loan. The Department may execute a supplemental Fund loan agreement only after passage of a subsequent legislative appropriations 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 are needed due to differing site conditions, the recipient may request a post-construction supplemental Fund loan. The Department may execute a post-construction supplemental Fund loan agreement only after passage of a subsequent legislative appropriations act providing moneys for the specific project of concern. The recipient shall be responsible for all other increased 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 7:22-3.21 - Administrative loan changes

Current through Register Vol. 56, No. 14, July 15, 2024
Administrative changes by the Department, such as a change in the designation of key Department personnel or of the office to which a report is to be transmitted by the recipient, or a non-substantial alteration of the disbursement schedule for Fund loans for construction of environmental infrastructure facilities, constitute changes to the Fund loan agreement (but not necessarily to the project work) and do not affect the substantive rights of the Department or the recipient. The Department may issue such changes unilaterally. Such changes shall be in writing and shall generally be effected by a letter (certified mail, return receipt requested) to the recipient.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.22 - Other changes

Current through Register Vol. 56, No. 14, July 15, 2024
All other project changes, which do not require a Fund loan agreement amendment as stated in 7:22-3.20 require written approval of 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 7:22-3.23 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The recipient and its contractor and subcontractors shall provide to Department personnel and any authorized representative of the Department access to the facilities, premises and records related to the project.
(b) The recipient shall submit to the Department such documents and information as requested by the Department.
(c) The recipient, and all contractors and subcontractors which contract directly with the recipient or receive a portion of State monies, may be subject to a financial audit.
(d) Records shall be retained and available to the Department until the final Fund loan repayment has been made by the recipient.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 22 - FINANCIAL ASSISTANCE PROGRAMS FOR ENVIRONMENTAL INFRASTRUCTURE FACILITIES › Subchapter 3 - FUND PROCEDURES AND REQUIREMENTS › Section 7:22-3.24 - State disbursement

Current through Register Vol. 56, No. 14, July 15, 2024
Disbursement of Fund loan moneys shall be made as indicated in the Fund loan agreement at intervals as work progresses and expenses are incurred by the recipient and as approved by the Department, but in no event will total disbursements at any time exceed the cumulative Fund loan amounts indicated in the disbursement schedule of the Fund loan agreement or the allowable costs which have been incurred at that time. No disbursement shall be made until the Department receives satisfactory cost documentation which must include all forms and information required by the Department and completed in a manner satisfactory to 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 7:22-3.25 - Assignment

Current through Register Vol. 56, No. 14, July 15, 2024
The right of a recipient to receive disbursements from the State under a Fund loan may not be assigned, nor may repayments due under a Fund loan be similarly encumbered, unless such assignment or encumbrance has been approved in writing pursuant to the conditions set forth in the Fund loan agreement.