Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Extends initial and renewal terms of certain property agreements between local governments and nonprofit organizations for recreation and conservation purposes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the lease of municipal land for recreation and conservation purposes and supplementing Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As defined in this section:
“Acquire” means the same as that term is defined in section 1 of P.L.1997, c.24 (C.40:12-15.1).
“Charitable conservancy” means the same as that term is defined in section 1 of P.L.1997, c.24 (C.40:12-15.1).
“Department” means the Department of Environmental Protection.
“Local government unit” means a municipality, county, or other political subdivision of the State.
“Recreation and conservation purposes” means the same as that term is defined in section 1 of P.L.1997, c.24 (C.40:12-15.1).
b. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, any lease or agreement that a local government unit enters into with a charitable conservancy or other tax exempt nonprofit organization to acquire and hold, on behalf of the local government unit, real property, or any interest therein, for recreation and conservation purposes pursuant to section 3 of P.L.2005, c.108 (C.40:12-15.10) shall have an initial term of no more than seven years, except as provided in subsections d. and e. of this section.
c. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, if a local government unit, with approval from the department, opts to renew a lease or agreement entered into pursuant to subsection b. of this section, the renewal term shall be no more than seven years, except as provided in subsections d. and e. of this section.
d. Any lease or agreement entered into pursuant to subsection b. of this section or renewed pursuant to subsection c. of this section may be provided a longer initial lease term or renewal term of less than 25 years if good cause is provided in accordance with N.J.A.C. 7:36-25.13, or any successor regulation adopted by the department.
e. Any lease or agreement entered into pursuant to subsection b. of this section or renewed pursuant to subsection c. of this section may be provided a longer initial lease term or renewal term of 25 years or more if approval is granted by the Commissioner of Environmental Protection and the State House Commission in accordance with subchapter 26 of chapter 30 of Title 7 of the New Jersey Administrative Code, or any successor regulation adopted by the department.
2. This act shall take effect immediately.
STATEMENT
This bill would provide that any lease or agreement that a local government unit enters into with a charitable conservancy or other tax exempt nonprofit organization to acquire and hold, on behalf of the local government unit, real property, or any interest therein, for recreation and conservation purposes would have an initial term of no more than seven years. The bill would also provide that if a local government unit, with approval from the Department of Environmental Protection, opts to renew a lease or agreement entered into pursuant to the bill’s provisions, the renewal term would be no more than seven years.
Under current regulations adopted pursuant to current law, these types of leases are generally provided an initial term and renewal term of no more than five years. This bill would extend the initial and renewal lease terms to seven years. This bill would also codify existing regulations that provide that for good cause shown, initial leases and renewal lease terms may be provided for up to 25 years, and that with approval from the Commissioner of Environmental Protection and the State House Commission, initial and renewal lease terms may be provided for greater than 25 years.