S4350

An Act concerning the acquisition and stewardship of lands in urban areas of the State for agricultural or horticultural purposes, amending various parts of the statutory law, and supplementing P.L.2016, c.12 (C.13:8C-43 et seq.)

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

1. (New section) Except as otherwise provided in subsection e. of this section, in each State fiscal year commencing in State fiscal year 2026 and annually thereafter, of the amount credited by the State Treasurer to the Preserve New Jersey Fund Account pursuant to subparagraph (b) of paragraph (1) of subsection a. of section 4 of P.L.2016, c.12 (C.13:8C-46):

a. 62 percent shall be deposited into the Preserve New Jersey Green Acres Fund;

b. 26 percent shall be deposited into the Preserve New Jersey Farmland Preservation Fund;

c. seven percent shall be deposited into the Preserve New Jersey Historic Preservation Fund; and

d. five percent shall be deposited into the Preserve New Jersey Urban Agriculture and Horticulture Fund established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. On July 1 next following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), there shall be deposited by the State Treasurer the following amount into the Preserve New Jersey Urban Agriculture and Horticulture Fund established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) to be used for the purposes of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill): $25 million of the amount credited by the State Treasurer to the Preserve New Jersey Fund Account pursuant to subparagraph (b) of paragraph (1) of subsection a. of section 4 of P.L.2016, c.12 (C.13:8C-46).

2. Section 1 of P.L.2019, c.136 (C.13:8C-47.1) is amended to read as follows:

1. a. In [each] State fiscal year [commencing in State fiscal year] 2020 [and annually thereafter] through and including State fiscal year 2025, of the amount credited by the State Treasurer to the Preserve New Jersey Fund Account pursuant to subparagraph (b) of paragraph (1) of subsection a. of section 4 of P.L.2016, c.12 (C.13:8C-46):

(1) 62 percent shall be deposited into the Preserve New Jersey Green Acres Fund;

(2) 31 percent shall be deposited into the Preserve New Jersey Farmland Preservation Fund; and

(3) seven percent shall be deposited into the Preserve New Jersey Historic Preservation Fund.

b. (1) Beginning July 1, 2022, and annually thereafter, the Garden State Preservation Trust shall conduct a review of the appropriations of constitutionally dedicated CBT moneys to, and the expenditures thereof by, the Department of Environmental Protection, the State Agriculture Development Committee, and the New Jersey Historic Trust for their respective programs. In conducting this review, the trust shall: evaluate the demonstrated need for funding for the acquisition or development of lands for recreation and conservation purposes, including Blue Acres projects, farmland preservation purposes, or historic preservation purposes based upon available projects, applicant demand, and past appropriations and expenditures for these purposes; and hold a public hearing to solicit public input on appropriate funding allocations for the department, committee, and New Jersey Historic Trust, for the upcoming fiscal year.

(2) If the trust determines, based on the review conducted pursuant to paragraph (1) of this subsection, that it would be appropriate to revise the allocations set forth in subsection a. of this section, [or] section 6, 8, or 9 of P.L.2016, c.12 (C.13:8C-48, 50, or 51), or section 1 of P.L. c. (C. ) (pending before the Legislature as this bill), the trust shall send a written notification to the Chairperson of the Senate Environment and Energy Committee, the Assembly Agriculture and Natural Resources Committee, and the Assembly Environment and Solid Waste Committee, or their successors, of its findings and recommendations concerning future funding allocations for the Preserve New Jersey Green Acres Fund, the Preserve New Jersey Farmland Preservation Fund, or the Preserve New Jersey Historic Preservation Fund.

(3) A recommendation by the trust to reallocate constitutionally dedicated CBT moneys based on the review conducted pursuant to this subsection shall not alter the allocations set forth in subsection a. of this section or section 6, 8, or 9 of P.L.2016, c.12 (C.13:8C-48, 50, or 51) or section 1 of P.L. c. (C. ) (pending before the Legislature as this bill), for any fiscal year unless authorized by the Legislature.

(cf: P.L.2019, c.136, s.1)

3. Section 3 of P.L.2016, c.12 (C.13:8C-45) is amended to read as follows:

3. As used in P.L.2016, c.12 (C.13:8C-43 et seq.):

"Acquisition" or "acquire" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Agricultural or horticultural purposes" or "agricultural or horticultural use" means the use of lands for any production of plants or animals useful to man, including but not limited to: forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; aquatic organisms as part of aquaculture; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.

"Blue Acres cost" means the expenses incurred in connection with: all things deemed necessary or useful and convenient for the acquisition by the State or a qualifying tax exempt nonprofit organization, for recreation and conservation purposes, of lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage; the execution of any agreements or franchises deemed by the Department of Environmental Protection to be necessary or useful and convenient in connection with any Blue Acres project authorized by P.L.2016, c.12 (C.13:8C-43 et seq.); the procurement or provision of appraisal, archaeological, architectural, conservation, design, engineering, financial, geological, historic research, hydrological, inspection, legal, planning, relocation, surveying, or other professional advice, estimates, reports, services, or studies; the purchase of title insurance; the undertaking of feasibility studies; the demolition of structures, the removal of debris, and the restoration of lands to a natural state or to a state useful for recreation and conservation purposes; the establishment of a reserve fund or funds for working capital, operating, maintenance, or replacement expenses as the Director of the Division of Budget and Accounting in the Department of the Treasury may determine; and reimbursement to any fund of the State of moneys that may have been transferred or advanced therefrom to any fund established by P.L.2016, c.12 (C.13:8C-43 et seq.), or any moneys that may have been expended therefrom for, or in connection with, P.L.2016, c.12 (C.13:8C-43 et seq.).

"Blue Acres project" means any project of the State or a qualifying tax exempt nonprofit organization to acquire, for recreation and conservation purposes, lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage.

"Commissioner" means the Commissioner of Environmental Protection.

"Committee" means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4).

"Constitutionally dedicated CBT moneys" means any moneys made available pursuant to Article VIII, Section II, paragraph 6 of the State Constitution deposited in the funds established pursuant to sections 6, 7, 8, and 9 of P.L.2016, c.12 (C.13:8C-48 through C.13:8C-51), and appropriated by law, for recreation and conservation, farmland preservation, or historic preservation purposes set forth in Article VIII, Section II, paragraph 6 of the State Constitution or P.L.2016, c.12 (C.13:8C-43 et seq.).

"Convey" or "conveyance" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Cost" means the expenses incurred in connection with: all things deemed necessary or useful and convenient for the acquisition or development of lands for recreation and conservation purposes, the acquisition of development easements or fee simple titles to farmland, or the preservation of historic properties, as the case may be; the execution of any agreements or franchises deemed by the Department of Environmental Protection, State Agriculture Development Committee, or New Jersey Historic Trust, as the case may be, to be necessary or useful and convenient in connection with any project funded in whole or in part using constitutionally dedicated CBT moneys; the procurement or provision of appraisal, archaeological, architectural, conservation, design, engineering, financial, geological, historic research, hydrological, inspection, legal, planning, relocation, surveying, or other professional advice, estimates, reports, services, or studies; the purchase of title insurance; the undertaking of feasibility studies; materials and labor costs for stewardship activities, but not overhead or administration costs for such activities; the establishment of a reserve fund or funds for working capital, operating, maintenance, or replacement expenses, as the Director of the Division of Budget and Accounting in the Department of the Treasury may determine; and reimbursement to any fund of the State of moneys that may have been transferred or advanced therefrom to any fund established by P.L.2016, c.12 (C.13:8C-43 et seq.), or any moneys that may have been expended therefrom for, or in connection with, P.L.2016, c.12 (C.13:8C-43 et seq.).

"Department" means the Department of Environmental Protection.

"Development" or "develop" means, except as used in the definitions of "acquisition" and "development easement" in this section, any improvement, including a stewardship activity, made to a land or water area designed to expand and enhance its utilization for recreation and conservation purposes, and shall include the construction, renovation, or repair of any such improvement, but shall not mean shore protection or beach nourishment or replenishment activities.

"Development easement" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Emergency intervention" means an immediate assessment or capital improvement necessary to protect or stabilize the structural integrity of a historic property.

"Farmland" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Farmland preservation," "farmland preservation purposes," or "preservation of farmland" means the same as those terms are defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Garden State Preservation Trust" or "trust" means the Garden State Preservation Trust established pursuant to section 4 of P.L.1999, c.152 (C.13:8C-4).

"Green Acres bond act" means: P.L.1961, c.46; P.L.1971, c.165; P.L.1974, c.102; P.L.1978, c.118; P.L.1983, c.354; P.L.1987, c.265; P.L.1989, c.183; P.L.1992, c.88; P.L.1995, c.204; P.L.2007, c.119; P.L.2009, c.117; and any State general obligation bond act that may be approved after the date of enactment of P.L.2016, c.12 (C.13:8C-43 et seq.) for the purpose of providing funding for the acquisition or development of lands for recreation and conservation purposes or for farmland preservation purposes.

"Historic preservation," "historic preservation purposes," or "preservation of historic properties" means the same as those terms are defined in section 3 of P.L.1999, c.152 (C.13:8C-3) and shall also include emergency intervention and the acquisition of a historic preservation easement.

"Historic preservation easement" means an interest in land, less than fee simple title thereto, that is purchased from a private or governmental property owner to permanently protect a historic property, and that is granted by the property owner to the New Jersey Historic Trust, a local government unit, or a qualifying tax exempt nonprofit organization.

"Historic property" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Land" or "lands" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Local government unit" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"New Jersey Historic Trust" means the entity established pursuant to section 4 of P.L.1967, c.124 (C.13:1B-15.111).

"Permitted investments" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Preserve New Jersey Blue Acres Fund" means the Preserve New Jersey Blue Acres Fund established pursuant to section 7 of P.L.2016, c.12 (C.13:8C-49).

"Preserve New Jersey Farmland Preservation Fund" means the Preserve New Jersey Farmland Preservation Fund established pursuant to section 8 of P.L.2016, c.12 (C.13:8C-50).

"Preserve New Jersey Green Acres Fund" means the Preserve New Jersey Green Acres Fund established pursuant to section 6 of P.L.2016, c.12 (C.13:8C-48).

"Preserve New Jersey Historic Preservation Fund" means the Preserve New Jersey Historic Preservation Fund established pursuant to section 9 of P.L.2016, c.12 (C.13:8C-51).

"Preserve New Jersey Fund Account" means the Preserve New Jersey Fund Account established pursuant to section 4 of P.L.2016, c.12 (C.13:8C-46).

"Preserve New Jersey Urban Agriculture and Horticulture Fund" means the Preserve New Jersey Urban Agriculture and Horticulture Fund established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Project" means all things deemed necessary or useful and convenient in connection with the acquisition or development of lands for recreation and conservation purposes, the acquisition of development easements or fee simple titles to farmland, [or] the preservation of historic properties, or the acquisition and stewardship of land in urban areas of the State for agricultural or horticultural purposes, as the case may be.

"Qualifying tax exempt nonprofit organization" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Recreation and conservation purposes" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Stewardship activity" means an activity, which is beyond routine operations and maintenance, undertaken by the State, a local government unit, or a qualifying tax exempt nonprofit organization to repair, or restore lands acquired or developed for recreation and conservation purposes for the purpose of enhancing or protecting those lands for recreation and conservation purposes. For the purposes of the farmland preservation program, "stewardship activity" means an activity, which is beyond routine operation and maintenance, undertaken by the landowner, or a farmer operator as an agent of the landowner, to repair, restore, or improve lands preserved for farmland preservation purposes, including, but not limited to, soil and water conservation projects approved pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24) and projects that improve the resiliency of farmland soils. For lands preserved for agricultural or horticultural purposes, “stewardship activity” means an activity undertaken by a landowner, or a farmer operator as an agent of the landowner, to repair, restore, or improve lands that have been preserved for agricultural and horticultural purposes in urban areas of the State by the Garden State Preservation Trust
pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2019, c.136, s.2)

4. Section 6 of P.L.1999, c.152 (C.13:8C-6) is amended to read as follows:

6. In addition to all other powers granted to the trust in [this act] P.L.1999, c.152 (C.13:8C-1 et seq.), the trust shall have power:

a. To sue and be sued;

b. To have an official seal and alter it at the trust's pleasure;

c. To make and alter bylaws for its organization and internal management and rules and regulations for the conduct of its affairs and business;

d. To maintain an office at a place or places within the State as it may determine, and acquire, own, lease as lessee or lessor, hold, use, sell, transfer, or dispose of real or personal property for that purpose;

e. To acquire, hold, use and dispose of its income, revenues, funds and moneys;

f. To borrow money and to issue its bonds, notes or other obligations and to secure them by its revenues or other funds and otherwise to provide for and secure the payment thereof and to provide for the rights of the holders thereof and to provide for the refunding thereof, all as provided in [this act] P.L.1999, c.152 (C.13:8C-1 et seq.);

g. To issue subordinated indebtedness and to enter into any revolving credit agreement, agreement establishing a line of credit or letter of credit, reimbursement agreement, interest rate exchange agreement, insurance contract, surety bond, commitment to purchase or sell bonds, notes or other obligations, purchase or sale agreement, or commitments or other contracts or agreements, and other security agreements as approved by the trust in connection with the issuance of bonds, notes or other obligations;

h. Subject to any agreement with the holders of bonds, notes or other obligations, to invest moneys of the trust not required for immediate use, including proceeds from the sale of any bonds, notes or other obligations, in obligations, securities and other investments as the trust shall deem prudent;

i. Subject to any agreements with holders of bonds, notes or other obligations, to purchase bonds, notes or other obligations of the trust out of any funds or moneys of the trust available therefor, and to hold, cancel or resell the bonds, notes or other obligations;

j. For its sole purpose as established in section 5 of [this act] P.L.1999, c.152 (C.13:8C-5 et seq.), to appoint and employ an executive director and such additional officers, who need not be members of the trust, and such other personnel and staff as it may require, at an annual expense not to exceed $150,000, all without regard to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, except as provided in subsection e. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill);

k. To do and perform any acts and things authorized by [this act] P.L.1999, c.152 (C.13:8C-1 et seq.) under, through, or by means of its officers, agents or employees or by contract with any person, firm or corporation or any public body;

l. To procure insurance against any losses in connection with its property, operations, assets or obligations in amounts and from insurers as it deems desirable;

m. To adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) such rules and regulations as it deems necessary to effectuate the purposes of Article VIII, Section II, paragraph 7 of the State Constitution and [this act] P.L.1999, c.152 (C.13:8C-1 et seq.);

n. To make and enter into any and all contracts and agreements which the trust determines are necessary, incidental, convenient or desirable to the performance of its duties and the execution of its powers under [this act] P.L.1999, c.152 (C.13:8C-1 et seq.);

o. To accept and use any funds appropriated and paid by the State to the trust, including, without limitation, appropriations and payments from the Garden State Preservation Trust Fund Account established pursuant to section 17 of [this act] P.L.1999, c.152 (C.13:8C-1 et seq.), for the purposes for which the appropriations and payments are made;

p. To apply for, and receive and accept, appropriations or grants of property, money, services, or reimbursements for money previously spent and other assistance offered or made available to it by or from any person, government agency, public authority, or any public or private entity whatever for any lawful corporate purpose of the trust, including, without limitation, grants, appropriations, or reimbursements from the federal government, and to apply and negotiate for these upon such terms and conditions as may be required by any person, government agency, authority, or entity as the trust may determine to be necessary, convenient, or desirable, provided that all such moneys, grants, appropriations, and reimbursements so received and accepted shall be subject to appropriation by law pursuant to the procedures established by [this act] P.L.1999, c.152 (C.13:8C-1 et seq.); and

q. To do any and all things necessary, incidental, convenient or desirable to carry out its purposes and exercise the powers given and granted in [this act] P.L.1999, c.152 (C.13:8C-1 et seq.).

(cf: P.L.1999, c.152, s.6)

5. (New section) a. Notwithstanding any provision of law to the contrary, the Garden State Preservation Trust may acquire land for agricultural or horticultural purposes in urban areas of the State designated pursuant to subsection e. of this section, through the purchase of fee simple titles or lesser interests in land, including, but not limited to, a development easement, a conservation restriction or easement, or any other restriction or easement permanently restricting development, by purchase or installment purchase agreement.

b. Notwithstanding any provision of law to the contrary, the trust shall develop eligibility criteria for the acquisition of land in urban areas of the State for agricultural or horticultural purposes pursuant to subsection a. of this section and an application process for landowners to apply to the trust to sell a fee simple title or a lesser interest in land. The trust shall prioritize the acquisition of small parcels of land in urban areas of the State that are suitable for agricultural or horticultural purposes.

c. Any land acquired in fee simple by the trust pursuant to subsection b. of this section shall be held of record in the name of the State and may be offered for lease by the State using a competitive bidding process to interested parties, provided that the land is to be utilized for agricultural or horticultural purposes. The trust shall establish an application process for the lease of land acquired by the trust pursuant to subsection a. of this section, which shall require applicants to provide information concerning the intended use of the land for agricultural or horticultural purposes. The terms of the lease shall be established by the trust. The revenue from the lease of land paid pursuant to this section shall be deposited in the fund established pursuant to section 7 of P.L. , c. (C. ) (pending in the Legislature as this bill) and shall be used only for the purposes of the fund.

d. To the end that municipalities may not suffer a loss of taxes by reason of the acquisition and ownership by the State of lands in fee simple for agricultural or horticultural purposes, the State shall make payments annually in the same manner as payments are made pursuant to section 29 of P.L.1999, c.152 (C.13:8C-29).

e. The trust shall designate areas of the State as urban areas based on population density, residential and commercial development, and non-residential land uses, among other factors, in a specific region.

f. The trust may hire personnel and staff as necessary to implement the provisions of this section.

g. The trust, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as necessary implement the provisions of this section.

6. (New section) a. As used in this section:

"Grant program" means the "Urban Agriculture and Horticulture Stewardship Grant Program" established pursuant to this section.

"Qualified applicant" means a landowner, or farm operator as an agent of a landowner, of land in urban areas of the State that has been acquired by the trust and preserved for agricultural or horticultural purposes pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The trust shall establish and administer the "Urban Agriculture and Horticulture Stewardship Grant Program" for the purpose of providing grants to qualified applicants for stewardship activity projects, including, but not limited to, projects that improve soil health, climate resiliency, and erosion and sediment control, on land that has been acquired by the trust and preserved for agricultural and horticultural purposes pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. In establishing the grant program, the trust shall:

(1) develop guidelines and procedures for the submission of grant applications, and criteria for the evaluation of such applications;

(2) establish terms and conditions for the awarding of a grant under this section, and monitor grant recipients' compliance with the terms and conditions; and

(3) establish authorized uses of the grant awards.

d. To qualify for the grant program, a qualified applicant shall demonstrate to the trust that the qualified applicant:

(1) intends to use the grant for a stewardship activity project on land that has been acquired by the trust and preserved for agricultural or horticultural purposes pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) meets any other eligibility requirement that the trust may deem appropriate.

e. A qualified applicant that applies for a grant pursuant to this section shall submit an application to the trust in a form and manner prescribed by the trust. In addition to any other information that the trust may deem appropriate, the application shall require the qualified applicant to submit information:

(1) demonstrating that the qualified applicant meets the eligibility requirements set forth in subsection d. of this section;

(2) outlining the anticipated use of the grant, including a detailed explanation of the proposed stewardship activity project intended to be implemented;

(3) outlining the land’s current agricultural or horticultural uses and providing an explanation for how the proposed stewardship activity project would improve the current agricultural or horticultural uses of the land; and

(4) estimating the total cost of the proposed stewardship activity project.

f. The trust may approve applications for the grant program on a rolling basis, subject to the availability of funds in the Preserve New Jersey Urban Agriculture and Horticulture Fund established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).

g. Upon approval of an application, the trust shall provide a grant, in an amount not to exceed ninety percent of the total estimated costs of the stewardship activity project as provided by the qualified applicant pursuant to paragraph (4) of subsection e. of this section, to the qualified applicant to support the costs of the stewardship activity project.

h. The trust shall prepare and submit a report on the "Urban Agriculture and Horticulture Stewardship Grant Program" to the Governor, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, and make the report available on the trust’s Internet website, no later 18 months after the first grant to a qualified applicant is awarded. The report shall include the number of qualified applicants that applied for the grant program, the number and names of the qualified applicants approved for the grant program, the total number of grants distributed, the amount received per qualified applicant, and any other information the trust determines necessary to evaluate the progress of the grant program.

7. (New section) a. The State Treasurer shall establish a fund to be known as the “Preserve New Jersey Urban Agriculture and Horticulture Fund” and shall deposit into the fund all moneys received pursuant to subsections d. and e. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and any other moneys appropriated by law for deposit into the fund. Moneys in the fund shall be invested in permitted investments or shall be held in interest-bearing accounts in those depositories as the State Treasurer may select, and may be invested and reinvested in permitted investments or as other trust funds in the custody of the State Treasurer in the manner provided by law. All interest or other income or earnings derived from the investment or reinvestment of moneys in the fund shall be credited to the fund.

b. The moneys in the Preserve New Jersey Urban Agriculture and Horticulture Fund are specifically dedicated and shall be used by the trust, in accordance with the provisions of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the acquisition of land in urban areas of the State for agricultural or horticultural purposes.

c. Moneys in the fund shall not be expended except in accordance with appropriations from the fund made by law. Any act appropriating moneys from the Preserve New Jersey Urban Agriculture and Horticulture Fund shall identify any particular project or projects to be funded by the moneys, and any expenditure for a project for which the location is not identified by municipality and county in the appropriation shall require the approval of the Joint Budget Oversight Committee. Any change in project sponsor, site, or type that has received an appropriation from the fund, shall require the approval of the Joint Budget Oversight Committee.

d. Unexpended moneys due to project withdrawals, cancellations, or cost savings shall be returned to the fund.

e. (1) Of the amount authorized pursuant to subsections d. and e. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), not more than fifteen percent shall be utilized for organizational, administrative and other work and services, including salaries, equipment, and materials necessary to administer the applicable provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and to administer the Urban Agriculture and Horticulture Stewardship Grant Program established pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(2) Any personnel and staff funded to implement the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) pursuant to paragraph (1) of this subsection shall be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes.

f. The trust shall not use the power of eminent domain in any manner for the acquisition of lands by the trust for agricultural and horticultural purposes using constitutionally dedicated CBT moneys in whole or in part unless a concurrent resolution approving that use is approved by both Houses of the Legislature; except that, without the need for such a concurrent resolution, the trust may use the power of eminent domain to the extent necessary to establish a value for lands to be acquired from a willing seller by the trust for agricultural and horticultural purposes using constitutionally dedicated CBT moneys in whole or in part.

g. At least once each State fiscal year, the trust shall submit to the State Treasurer a list of projects recommended to be funded with moneys from the Preserve New Jersey Urban Agriculture and Horticulture Fund. The State Treasurer shall review the submitted project list, and prepare and submit to the Governor and to the President of the Senate and the Speaker of the General Assembly for introduction in the Legislature, proposed legislation appropriating moneys pursuant to this section to fund projects on any such list. The Legislature may approve one or more appropriation bills containing a project list or lists submitted by the State Treasurer pursuant to this subsection.

h. The trust shall prepare and submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), including an accounting of the moneys in the Preserve New Jersey Urban Agriculture and Horticulture Fund. The accounting shall identify, for each year and cumulatively: the amount of appropriations from the fund; the expenditure of moneys from the fund; the amount of land acquired with moneys in the fund; and the grants awarded from the fund.

8. (New section) The trust is authorized to utilize moneys from the “Preserve New Jersey Urban Agriculture and Horticulture Fund,” established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) for:

(1) the fee simple acquisition or lesser interests in land, including, but not limited to, a development easement, a conservation restriction or easement, or any other restriction or easement permanently restricting development, by purchase or installment purchase agreement of land in urban areas of the State for agricultural or horticultural purposes;

(2) providing grants under the Urban Agriculture and Horticulture Stewardship Grant Program established pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(3) paying administrative costs associated with the implementation of paragraphs (1) and (2) of this subsection.

9. Section 1 of P.L.1997, c.24 (C.40:12-15.1) is amended to read as follows:

1. As used in P.L.1997, c.24 (C.40:12-15.1 et seq.):

"Acquisition" or "acquire" means the securing of a fee simple or a lesser interest in land, including but not limited to an easement restricting development, by gift, purchase, installment purchase agreement, devise, or condemnation, and includes the demolition of structures on, the removal of debris from, and the restoration of those lands to a natural state or to a state useful for recreation and conservation purposes.

"Agricultural or horticultural purposes" means the same as the term is defined in section 3 of P.L.2016, c.12 (C.13:8C-45).

"Blue Acres project" means any project to acquire, for recreation and conservation purposes, lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and includes the demolition of structures on, the removal of debris from, and the restoration of those lands to a natural state or to a state useful for recreation and conservation purposes.

"Charitable conservancy" means a corporation or trust exempt from federal income taxation under paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)), whose purposes include (1) acquisition and preservation of lands in a natural, scenic, or open condition, or (2) historic preservation of historic properties, structures, facilities, sites, areas, or objects, or the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes.

"County trust fund" means a "County Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 2 of P.L.1997, c.24 (C.40:12-15.2).

"Development" means any improvement to land acquired for recreation and conservation purposes designed to expand and enhance its utilization for those purposes.

"Farmland" means land actively devoted to agricultural or horticultural use that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).

"Farmland preservation purposes" means the long-term preservation of farmland for agricultural or horticultural use.

"Historic preservation" means the performance of any work relating to the stabilization, repair, rehabilitation, renovation, restoration, improvement, protection, or preservation of an historic property, structure, facility, site, area, or object.

"Historic property, structure, facility, site, area, or object" means any property, structure, facility, site, area, or object approved for inclusion, or which meets the criteria for inclusion, in the New Jersey Register of Historic Places pursuant to P.L.1970, c.268 (C.13:1B-15.128 et seq.).

"Land" or "lands" means real property, including improvements thereof or thereon, rights-of-way, water, lakes, riparian and other rights, easements, privileges and all other rights or interests of any kind or description in, relating to or connected with real property.

"Municipal trust fund" means a "Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 7 of P.L.1997, c.24 (C.40:12-15.7).

"Public indoor recreation" means public recreation in enclosed structures or facilities, and includes but is not limited to swimming pools, basketball courts, and ice skating rinks open for public use.

"Recreation and conservation purposes" means the use of lands for parks, open space, natural areas, ecological and biological study, forests, water reserves, wildlife preserves, fishing, hunting, camping, boating, winter sports, or similar uses for either public outdoor recreation or conservation of natural resources, or both, or the use of lands for public indoor recreation.

(cf: P.L.2017, c.154, s.1)

10. Section 2 of P.L.1997, c.24 (C.40:12-15.2) is amended to read as follows:

2. a. (1) The governing body of any county may submit to the voters of the county in a general or special election a proposition authorizing imposition of an annual levy for an amount or at a rate deemed appropriate for any or all of the following purposes, or any combination thereof, as determined by the governing body:

(a) acquisition of lands for recreation and conservation purposes;

(b) development of lands acquired for recreation and conservation purposes;

(d) acquisition of farmland for farmland preservation purposes;

(e) historic preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes;

(f) payment of debt service on indebtedness issued or incurred by a county for any of the purposes set forth in subparagraph (a), (b), (d), (e) [or] , (g), or (h) of this paragraph; [or]

(g) Blue Acres projects; or

(h) acquisition and stewardship of lands in urban areas of the State for agricultural or horticultural purposes.

(2) The amount or rate of the annual levy may be subdivided in the proposition to reflect the relative portions thereof to be allocated to any of the respective purposes specified in paragraph (1) of this subsection or may be depicted as a total amount or rate, to be subdivided in a manner determined previously, or to be determined at a later date, by the governing body of the county after conducting at least one public hearing thereon.

b. Upon approval of the proposition by a majority of the votes cast by the voters of the county, the governing body of the county may annually raise by taxation a sum not to exceed the amount or rate set forth in the proposition approved by the voters for the purposes specified therein. If the amount or rate set forth in the proposition was not subdivided among the various purposes, the governing body of the county may determine the appropriate amount or rate to be allocated to each purpose after conducting at least one public hearing thereon.

c. Amounts raised by the levy imposed pursuant to this section shall be deposited into a "County Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" to be created by the county, and shall be used exclusively for the purposes authorized by the voters of the county. Any interest or other income earned on monies deposited into the county trust fund shall be credited to the fund to be used for the same purposes as the principal. Separate accounts may be created within the county trust fund for the deposit of revenue to be expended for each of the purposes specified in the proposition approved by the voters of the county. A county may deposit other funds into the County Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund, as it may, from time to time, deem appropriate.

d. (1) (a) Selection of lands for acquisition for recreation and conservation purposes shall be in accordance with an open space and recreation plan prepared and adopted by the county.

(b) Selection of projects to develop or maintain lands acquired for recreation and conservation purposes shall be in accordance with an open space and recreation development and maintenance plan prepared and adopted by the county.

(c) Selection of farmland for acquisition for farmland preservation purposes shall be in accordance with a farmland preservation plan prepared and adopted by the county or pursuant to the provisions of the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et al.) or any other law enacted for the purpose of preserving farmland, or any rules or regulations adopted pursuant thereto.

(d) Selection of historic preservation projects shall be in accordance with a historic preservation plan prepared and adopted by the county.

(e) Selection of land in urban areas of the State for acquisition for agricultural and horticultural purposes shall be consistent with the adopted master plan of the county.

(2) Monies in the county trust fund may be used to pay the cost of preparing and adopting the plans required by this subsection.

e. The governing body of a county may submit to the voters of the county in a general or special election a proposition amending or supplementing a proposition previously submitted, approved, and implemented as provided pursuant to this section either (1) changing the amount or rate of the annual levy, or (2) adding or removing purposes authorized pursuant to this section for which the levy may be expended. Upon approval of the amendatory or supplementary proposition by a majority of the votes cast by the voters of the county, the governing body of the county shall implement it in the same manner as set forth in P.L.1997, c.24 (C.40:12-15.1 et seq.) for implementation of the original proposition.

f. Upon petition to the governing body of a county signed by the voters of the county equal in number to at least 15[%] percent of the votes cast therein at the last preceding general election, filed with the governing body at least 90 days before a general or special election, the governing body of the county shall submit to the voters of the county in the general or special election the proposition otherwise authorized pursuant to subsection a. or subsection e. of this section, as the case may be.

(cf: P.L.2011, c.173, s.2)

11. Section 3 of P.L.1997, c.24 (C.40:12-15.3) is amended to read as follows:

3. a. Any county whose voters, prior to the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.), approved pursuant to P.L.1989, c.30 (C.40:12-16 et seq.) a proposition authorizing the acquisition of lands for conservation as open space or as farmland shall be deemed to have approved a proposition for the purposes specified in paragraph (1) of subsection a. of section 2 of P.L.1997, c.24 (C.40:12-15.2), but excluding the purpose specified in subparagraph (c) of that paragraph if the proposition was approved prior to the 24 months immediately preceding the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.), at the amount or rate specified in the original proposition, which purposes shall be determined by adoption of a resolution or ordinance, as appropriate, by the governing body of the county after conducting at least one public hearing thereon and subject to the requirements of subsections b., c. and d. of this section. The county open space and farmland preservation trust fund created for the purposes of P.L.1989, c.30 (C.40:12-16 et seq.) shall be dissolved and any monies remaining therein shall be deposited into the "County Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 2 of P.L.1997, c.24 to be utilized for the purposes determined by the governing body of the county as authorized pursuant to this subsection.

b. A county shall not expend more than $100,000 for any proposed project or use to be undertaken pursuant to a resolution or ordinance adopted pursuant to subsection a. of this section authorizing a purpose specified in subparagraph (b), (c), or (f) of paragraph (1) of subsection a. of section 2 of P.L.1997, c.24, unless the governing body of the county first conducts a public hearing on the proposed project or use and adopts a resolution or ordinance, as appropriate, authorizing the expenditure. Any public hearing required pursuant to this subsection shall be held at least 45 days before the governing body of the county takes action to adopt the resolution or ordinance authorizing the expenditure.

c. In addition to any other applicable requirements of law, rule or regulation, the governing body of the county shall provide notice of the public hearing required pursuant to subsection b. of this section at least 30 days before the date of the hearing as follows:

(1) By mailing or otherwise providing a copy of the notice to: (a) the county clerk and to the municipal clerk of every municipality in which the land or lands affected by the proposed project or use are located; and (b) any person who requests in writing of the governing body to receive in advance such notices; and

(2) By publishing the notice in a daily or weekly newspaper of general circulation in the county and each municipality in which the land or lands to be affected by the proposed project or use are located.

d. The governing body of the county shall include the following information in all notices required pursuant to subsection c. of this section: (1) a general description of the proposed project or use and the location of the land or lands to be affected; (2) the aggregate amount of monies to be utilized for the proposed project or use; (3) a schedule setting forth the anticipated commencement and completion date for the proposed project or use; (4) the date, time, and place of the public hearing; (5) a statement that the public may submit written comments to the governing body of the county on or before the date of the public hearing; and (6) the name and address of the person designated by the governing body of the county to receive the written comments and to contact for additional information.

e. Any county whose voters, prior to the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.), approved pursuant to R.S.40:12-10 et seq. a proposition authorizing the establishment, maintenance, and improvement of a system of public recreation shall be deemed to have approved a proposition for any or all of the purposes specified in paragraph (1) of subsection a. of section 2 of P.L.1997, c.24 (C.40:12-15.2) at the amount or rate specified in the original proposition, which purposes shall be determined by adoption of a resolution or ordinance, as appropriate, by the governing body of the county after conducting at least one public hearing thereon. Any fund created for the purposes of R.S.40:12-10 et seq. shall be dissolved and any monies remaining therein shall be deposited into the "County Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 2 of P.L.1997, c.24 to be utilized for the purposes determined by the governing body of the county as authorized pursuant to this subsection.

(cf: P.L.2011, c.173, s.3)

12. Section 4 of P.L.1997, c.24 (C.40:12-15.4) is amended to read as follows:

4. Lands acquired by a county using revenue raised pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) shall be held in trust and shall be used exclusively for the purposes authorized under P.L.1997, c.24.

After conducting at least one public hearing thereon and upon a finding that the purposes of P.L.1997, c.24 might otherwise be better served or that any land acquired by a county pursuant thereto is required for another public use, which finding shall be set forth in a resolution or ordinance, as appropriate, adopted by the governing body of the county, the governing body may convey, through sale, exchange, transfer, or other disposition, title to, or a lesser interest in, that land, provided that the governing body shall replace any land conveyed under this section by land of at least equal fair market value and of reasonably equivalent usefulness, size, quality, and location to the land conveyed, and any monies derived from the conveyance shall be deposited into the "County Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 2 of P.L.1997, c.24 (C.40:12-15.2) for use for the purposes authorized by P.L.1997, c.24 (C.40:12-15.1 et seq.) for monies in the county trust fund. Any such conveyance shall be made in accordance with the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-1 et seq.). In the event of conveyance by exchange, the land or improvements thereon to be transferred to the trust shall be at least equal in fair market value and of reasonably equivalent usefulness, size, quality, and location to the land or improvements transferred from the trust.

(cf: P.L.2011, c.173, s.4)

13. Section 5 of P.L.1997, c.24 (C.40:12-15.5) is amended to read as follows:

5. Amounts raised by taxation for the purposes of P.L.1997, c.24 (C.40:12-15.1 et seq.) shall be apportioned by the county board of taxation among the municipalities within the county in accordance with R.S.54:4-49. The amounts so apportioned shall be assessed, levied and collected in the same manner and at the same time as other county taxes. The tax collected pursuant to P.L.1997, c.24 shall be referred to as the "County Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Tax."

(cf: P.L.2011, c.173, s.5)

14. Section 6 of P.L.1997, c.24 (C.40:12-15.6) is amended to read as follows:

6. a. The governing body of any county in which the voters of the county have approved a proposition in accordance with P.L.1997, c.24 (C.40:12-15.1 et seq.) may adopt a resolution authorizing the distribution of monies deposited into the "County Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 2 of P.L.1997, c.24 (C.40:12-15.2), in such portions as deemed appropriate, to municipalities within the county or to charitable conservancies, to be used in the county by those municipalities or charitable conservancies for the purposes of P.L.1997, c.24 in accordance with the provisions, conditions, and requirements thereof, provided that any municipality or charitable conservancy receiving such monies has presented a plan to the county documenting the proposed use of the monies.

b. Lands acquired by a municipality pursuant to this section shall be held in trust and shall be used exclusively for the purposes authorized by P.L.1997, c.24.

c. The governing body of a municipality acquiring lands using monies received pursuant to this section shall have full control of the lands and may adopt an ordinance providing for (1) suitable rules, regulations, and bylaws for use of the lands, (2) the enforcement of those rules, regulations and bylaws, and (3) when appropriate, the charging and collection of reasonable fees for use of the lands or for activities conducted thereon.

d. In order to qualify to receive monies from a county trust fund pursuant to this section, the board of directors, board of trustees, or other governing body, as appropriate, of an applying charitable conservancy shall:

(1) demonstrate to the governing body of the county that it qualifies as a charitable conservancy;

(2) agree to use the monies only in connection with lands located in the county and for the purposes authorized by P.L.1997, c.24;

(3) agree to make and keep the lands accessible to the public, unless the governing body of the county determines that public accessibility would be detrimental to the lands or to any natural or historic resources associated therewith;

(4) agree not to sell, lease, exchange, transfer, or donate the lands for which the monies received were allocated for use pursuant to this section, except upon approval of the governing body of the county under such conditions as the governing body may establish; and

(5) agree to execute and donate to the county at no charge (a) a conservation restriction or historic preservation restriction, as the case may be, pursuant to P.L.1979, c.378 (C.13:8B-1 et seq.), or (b) a development easement, as defined pursuant to section 3 of P.L.1983, c.32 (C.4:1C-13), as appropriate, on the lands for which the monies received were allocated for use pursuant to this section.

(cf: P.L.2011, c.173, s.6)

15. Section 7 of P.L.1997, c.24 (C.40:12-15.7) is amended to read as follows:

7. a. (1) The governing body of any municipality may submit to the voters of the municipality in a general or special election a proposition authorizing imposition of an annual levy for an amount or at a rate deemed appropriate for any or all of the following purposes, or any combination thereof, as determined by the governing body:

(a) acquisition of lands for recreation and conservation purposes;

(b) development of lands acquired for recreation and conservation purposes;

(d) acquisition of farmland for farmland preservation purposes;

(f) payment of debt service on indebtedness issued or incurred by a municipality for any of the purposes set forth in subparagraph (a), (b), (d), (e) [or] , (g), or (h) of this paragraph; [or]

(g) Blue Acres projects; or

(h) acquisition and stewardship of lands in urban areas of the State for agricultural or horticultural purposes.

(2) The amount or rate of the annual levy may be subdivided in the proposition to reflect the relative portions thereof to be allocated to any of the respective purposes specified in paragraph (1) of this subsection or may be depicted as a total amount or rate, to be subdivided in a manner determined previously, or to be determined at a later date, by the governing body of the municipality after conducting at least one public hearing thereon.

b. Upon approval of the proposition by a majority of the votes cast by the voters of the municipality, the governing body of the municipality may annually raise by taxation a sum not to exceed the amount or rate set forth in the proposition approved by the voters for the purposes specified therein. If the amount or rate set forth in the proposition was not subdivided among the various purposes, the governing body of the municipality may determine the appropriate amount or rate to be allocated to each purpose after conducting at least one public hearing thereon.

c. Amounts raised by the levy imposed pursuant to this section shall be deposited into a "Municipal Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" to be created by the municipality, and shall be used exclusively for the purposes authorized by the voters of the municipality. Any interest or other income earned on monies deposited into the municipal trust fund shall be credited to the fund to be used for the same purposes as the principal. Separate accounts may be created within the municipal trust fund for the deposit of revenue to be expended for each of the purposes specified in the proposition approved by the voters of the municipality. A municipality may deposit other funds into the Municipal Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund, as it may, from time to time, deem appropriate.

d. The governing body of a municipality may submit to the voters of the municipality in a general or special election a proposition amending or supplementing a proposition previously submitted, approved, and implemented as provided pursuant to this section either (1) changing the amount or rate of the annual levy, or
(2) adding or removing purposes authorized pursuant to this section for which the levy may be expended. Upon approval of the amendatory or supplementary proposition by a majority of the votes cast by the voters of the municipality, the governing body of the municipality shall implement it in the same manner as set forth in P.L.1997, c.24 for implementation of the original proposition.

e. Upon petition to the governing body of a municipality signed by the voters of the municipality equal in number to at least 15[%] percent of the votes cast therein at the last preceding general election, filed with the governing body at least 90 days before a general or special election, the governing body of the municipality shall submit to the voters of the municipality in the general or special election the proposition otherwise authorized pursuant to subsection a. or subsection d. of this section, as the case may be.

(cf: P.L.2011, c.173, s.7)

16. Section 8 of P.L.1997, c.24 (C.40:12-15.8) is amended to read as follows:

8. Any municipality whose voters, prior to the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.), approved pursuant to R.S.40:12-10 et seq. a proposition authorizing the establishment, maintenance, and improvement of a system of public recreation shall be deemed to have approved a proposition for any or all of the purposes specified in paragraph (1) of subsection a. of section 7 of P.L.1997, c.24 (C.40:12-15.7) at the amount or rate specified in the original proposition, which purposes shall be determined by adoption of an ordinance by the governing body of the municipality after conducting at least one public hearing thereon. Any fund created for the purposes of R.S.40:12-10 et seq. shall be dissolved and any monies remaining therein shall be deposited into the "Municipal Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 7 of P.L.1997, c.24 (C.40:12-15.7) to be utilized for the purposes determined by the governing body of the municipality as authorized pursuant to this section.

(cf: P.L.2011, c.173, s.8)

17. Section 9 of P.L.1997, c.24 (C.40:12-15.9) is amended to read as follows:

9. Lands acquired by a municipality using revenue raised pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) shall be held in trust and shall be used exclusively for the purposes authorized under P.L.1997, c.24.

After conducting at least one public hearing thereon and upon a finding that the purposes of P.L.1997, c.24 might otherwise be better served or that any land acquired by a municipality pursuant
thereto is required for another public use, which finding shall be set forth in an ordinance adopted by the governing body of the municipality, the governing body may convey, through sale, exchange, transfer, or other disposition, title to, or a lesser interest in, that land, provided that the governing body shall replace any land conveyed under this section by land of at least equal fair market value and of reasonably equivalent usefulness, size, quality, and location to the land conveyed, and any monies derived from the conveyance shall be deposited into the "Municipal Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 7 of P.L.1997, c.24 (C.40:12-15.7) for use for the purposes authorized by P.L.1997, c.24 for monies in the municipal trust fund. Any such conveyance shall be made in accordance with the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-1 et seq.). In the event of conveyance by exchange, the land or improvements thereon to be transferred to the trust shall be at least equal in fair market value and of reasonably equivalent usefulness, size, quality, and location to the land or improvements transferred from the trust.

(cf: P.L.2011, c.173, s.9)

18. Section 7 of P.L.1992, c.157 (C.40:12-16.1) is amended to read as follows:

7. The county agriculture development board of a county in which the voters of the county have approved, in a general or special election, a proposition authorizing the acquisition of lands for farmland preservation purposes pursuant to P.L.1989, c.30 (C.40:12-16 et seq.) or P.L.1997, c.24 (C.40:12-15.1 et seq. ) shall, pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), adopt a prioritized list of farmland eligible for acquisition of development easements thereon by installment purchase agreements pursuant to the provisions of P.L.1992, c.157 (C.40:12-16.1 et al.) if the county intends to acquire development easements on farmland in that manner. The governing body of the county shall annually appropriate from the "County Open Space, Recreation, Floodplain Protection, Urban Agriculture and Horticulture, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 2 of P.L.1997, c.24 (C.40:12-15.2) such amounts as it may deem necessary to finance the acquisition of development easements on farmland within that county by installment purchase agreement.

(cf: P.L.2011, c.173, s.10)

19. This act shall take effect immediately.

STATEMENT

This bill would authorize the Garden State Preservation Trust (trust) to develop a program to acquire land for agricultural or horticultural purposes in urban areas of the State through the purchase of fee simple titles or lesser interests in land, including, but not limited to, a development easement, a conservation restriction or easement, or any other restriction or easement permanently restricting development, by purchase or installment purchase agreement using constitutionally dedicated moneys.

The bill would require the trust to develop eligibility criteria for the acquisition of land in urban areas of the State for agricultural or horticultural purposes and an application process for landowners to apply to the trust to sell a fee simple title or a lesser interest in land. The trust would be required to prioritize the purchase of small parcels of land in urban areas of the State that are suitable for agricultural or horticultural purposes.

Under the bill, any land acquired in fee simple by the trust would be required to be held of record in the name of the State and may be offered for lease by the State using a competitive bidding process to interested parties, provided that the land is to be utilized for agricultural or horticultural purposes. The trust would be required to establish an application process for the lease of land acquired by the trust, which would require applicants to provide information concerning the intended use of the land for agricultural or horticultural purposes. The terms of the lease are to be established by the trust.

The bill would require the trust to designate areas of the State as urban areas based on population density, residential and commercial development, and non-residential land uses, among other factors, in a specific region, and to adopt rules and regulations as necessary to implement the bill’s provisions.

In addition, the bill would establish funding allocations for the constitutional dedication of Corporation Business Tax (CBT) revenues for fiscal year 2026 and thereafter. Under the bill, on July 1 next following the bill’s effective date, $25 million of the amount credited to the Preserve New Jersey Fund Account pursuant to the “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-43 et seq.) would be required to be deposited into the Preserve New Jersey Urban Agriculture and Horticulture Fund, established pursuant to the bill. In addition, in each State fiscal year commencing in State fiscal year 2026 and annually thereafter, of the amount credited by the State Treasurer to the Preserve New Jersey Fund Account pursuant to the “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-43 et seq.): (1) 62 percent would be required to be deposited into the Preserve New Jersey Green Acres Fund; (2) 26 percent would be required to be deposited into the Preserve New Jersey Farmland Preservation Fund; (3) seven percent would be required to be deposited into the Preserve New Jersey Historic Preservation Fund; and (4) five percent would be required to be deposited into the Preserve New Jersey Urban Agriculture and Horticulture Fund.

The bill would also require the trust to establish and administer the Urban Agriculture and Horticulture Stewardship Grant Program (grant program) for the purpose of providing grants to qualified applicants for stewardship activity projects, including, but not limited to, projects that improve soil health, climate resiliency, and erosion and sediment control, on land that has been acquired by the trust and preserved for agricultural and horticultural purposes pursuant to the bill. Section 6 of the bill establishes certain eligibility criteria and application requirements for qualified applicants applying for a grant under the grant program. The trust would be required to approve applications for the grant program on a rolling basis subject to the availability of funds in the Preserve New Jersey Urban Agriculture and Horticulture Fund. Upon the approval of an application, the trust would be required to provide a grant, in an amount not to exceed ninety percent of the total estimated costs of the stewardship activity project, to the qualified applicant.

The bill would authorize the trust to utilize moneys in the Preserve New Jersey Urban Agriculture and Horticulture Fund for: (1) the fee simple acquisition or lesser interests in land, including, but not limited to, a development easement, a conservation restriction or easement, or any other restriction or easement permanently restricting development, by purchase or installment purchase agreement of land in urban areas of the State for agricultural or horticultural purposes; (2) providing grants under the grant program; and (3) paying certain administrative costs. Of the monies deposited into the Preserve New Jersey Urban Agriculture and Horticulture Fund, not more than fifteen percent can be utilized by the trust for organizational, administrative and other work and services, including salaries, equipment, and materials necessary to administer the bill’s provisions.

Finally, the bill would allow counties and municipalities to utilize open space trust funds for the additional purpose of acquiring lands in urban areas of the State for agricultural or horticultural purposes. Under current law, counties are authorized to establish “County Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds” and municipalities are authorized to establish “Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds.” This bill would expand this authorization to specifically include the acquisition and stewardship of lands in urban areas of the State for agricultural or horticultural purposes and would revise the names of these open space trust funds to include “urban agriculture and horticulture.”