N.J. Admin. Code § 7:22-4.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:22-4.7 - Criteria for project loan priority

(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.

(c) The Trust shall consider a project eligible for funding in the specified State fiscal year(s) only where the project sponsor commits in writing to the project document submittal schedule as identified in the annual Priority System, Intended Use Plan and Project Priority List.

(d) For wastewater treatment facilities, the Trust shall give a project funding priority over other projects on the Project Priority List, in instances where existing on-site wastewater treatment system failures are determined to constitute a public health hazard.

(e) The Trust shall give funding priority over projects on the Project Priority List to a project which has previously received a Trust loan in any previous funding cycle in instances where the allowable loan amount due to low bid building costs as determined by the Trust exceeds the Trust loan amount previously awarded or in instances where a project has been certified by the Trust for Trust financial assistance for costs related to reserve capacity under the provisions of 7:22-4.36 or in instances where the allowable loan amount as determined by the Trust has increased due to differing site conditions.

N.J. Admin. Code § 7:22-4.7

Amended by R.1988 d.210, effective 5/16/1988.
See: 19 New Jersey Register 1600(a), 20 New Jersey Register 1076(a).
Deleted text "continue to pursue ..."; substituted "commit to the ...".
Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
Criteria expanded at (a) and new (b) through (e) added.
Amended by R.1993 d.242, effective 6/7/1993.
See: 24 New Jersey Register 4310(b), 25 New Jersey Register 2271(a).
Modified to indicate the Trust's intent to provide priority to projects seeking a post-construction supplemental Trust loan for increased allowable costs due to differing site conditions, consistent with the priority now given to projects seeking a supplemental Trust loan for increased allowable costs due to the low bid building cost.
Amended by R.1998 d.407, effective 8/3/1998.
See: 30 New Jersey Register 1144(a), 30 New Jersey Register 2863(a).
Rewrote the section.
Amended by R.2000 d.284, effective 7/3/2000.
See: 32 New Jersey Register 363(a), 32 New Jersey Register 2426(b).
In (a), inserted references to nonpoint source management facilities throughout.