| 55 | | - | An Act appropriating $128.241 million from various farmland preservation funds to the State Agriculture Development Committee for farmland preservation purposes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. There is appropriated to the State Agriculture Development Committee the sum of $115,091,000 from corporation business tax revenues dedicated pursuant to Article VIII, Section II, paragraph 6 of the State Constitution and available in the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), to pay the cost of acquisition by the committee of development easements on, or fee simple titles to, farmland, to provide grants to counties and municipalities for up to 80 percent of the cost of acquisition of fee simple titles to farmland, and to provide grants to qualifying tax-exempt non-profit organizations for up to 50 percent of the cost of acquisition of fee simple titles to farmland, for farmland preservation purposes for projects approved as eligible for such funding pursuant to the "Agricultural Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et seq.), the "Garden State Preservation Trust Act," P.L.1999, c.152 (C.13:8C-1 et seq.), and the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-43 et seq.). Of the amount appropriated pursuant to this subsection, the sum of $7,702,000 is available due to interest earnings on the dedicated corporation business tax revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution. b. Any farmland acquired in fee simple with monies appropriated pursuant to this section shall be offered for resale or lease with agricultural deed restrictions approved by the committee. 2. There is appropriated from the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), from the "2009 Farmland Preservation Fund," established pursuant to section 18 of the "Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009," P.L.2009, c.117, from the "2007 Farmland Preservation Fund," established pursuant to section 18 of the "Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007," P.L.2007, c.119, from the "Garden State Farmland Preservation Trust Fund," established pursuant to section 20 of P.L.1999, c.152 (C.13:8C-20), from the "1999 Open Space Fund," established pursuant to the "Open Space - Local Match Program of the Fiscal Year 1999 annual appropriations act," P.L.1998, c.45, from the "1995 Farmland Preservation Fund," established pursuant to section 25 of the "Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995," P.L.1995, c.204, from the "1992 Farmland Preservation Fund," established pursuant to section 24 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, from the "1989 Farmland Preservation Fund," established pursuant to section 22 of the "Open Space Preservation Bond Act of 1989," P.L.1989, c.183, and from the "Farmland Preservation Fund," established pursuant to section 5 of the "Farmland Preservation Bond Act of 1981," P.L.1981, c.276, to the State Agriculture Development Committee, such sums from any additional proceeds which may become available by the effective date of this act due to the lease or conveyance of land or development easements acquired or funded by the committee, for the purpose of providing for the cost of acquisition, by the committee, of development easements and fee simple titles to farmland for farmland preservation purposes pursuant to subsection a. of section 1 of this act. Any farmland acquired in fee simple with monies appropriated pursuant to this section shall be offered for resale or lease with agricultural deed restrictions approved by the committee. 3. a. As used in this section, "farmland acquisition" means: the acquisition by the State Agriculture Development Committee of development easements on, or fee simple titles to, farmland; the issuance of grants by the committee to counties and municipalities for the acquisition of development easements on, or fee simple titles to, farmland; and the issuance of grants by the committee to qualifying tax-exempt non-profit organizations for the acquisition of development easements on, or fee simple titles to, farmland for farmland preservation purposes. b. There is appropriated to the State Agriculture Development Committee an amount not to exceed $13,150,000, subject to the approval of the Director of the Division of Budget and Accounting, from the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), as follows: (1) an amount not to exceed $12,000,000, subject to the approval of the Director of the Division of Budget and Accounting, for the purpose of providing funding for organizational, administrative, and other work and services, including salaries, equipment, materials, and services necessary to administer the applicable provisions of P.L.2016, c.12 (C.13:8C-43 et seq.), a portion of which amount shall be allocated to the committee at the end of the six-month period immediately following the effective date of this act, and each six-month period thereafter, based on the calculation provided pursuant to subsection c. of this section; (2) $1,000,000 for the purpose of providing funding for costs associated with the acquisition, by the committee, of development easements on farmland, including, but not limited to, appraisal, survey, and title costs; and (3) $150,000 for the purpose of providing funding for costs associated with legal advice and representation in connection with the committee's enforcement of development easements acquired for farmland preservation purposes pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.). c. (1) No later than the first day of the seventh month following the effective date of this act, and every six months thereafter, the committee shall submit a written report to the Director of Budget and Accounting, which report shall indicate: (a) the amount expended by the committee for farmland acquisition, from the amounts appropriated pursuant to section 1 of this act, during the immediately preceding six-month period; (b) the amount available for expenditure by the committee for farmland acquisition, from the amounts appropriated pursuant to section 1 of this act, upon the commencement of the immediately preceding six-month period; and (c) the proportional amount expended by the committee for farmland acquisition during the immediately preceding six-month period, which amount shall equal the ratio of the amount reported pursuant to subparagraph (a) of this paragraph, divided by the amount calculated pursuant to subparagraph (b) of this paragraph. (2) The amount appropriated to the committee for each six-month period pursuant to paragraph (1) of subsection b. of this section shall equal the product of: (a) the proportional amount expended by the committee for farmland acquisition during that six-month period, as such amounts shall be verified and determined by the Director of Budget and Accounting; and (b) the sum of $12,000,000, minus any amounts appropriated to the committee pursuant to paragraph (1) of subsection b. of this section for a previous six-month period. d. Notwithstanding the "Statewide Farmland Preservation Formula" established pursuant to paragraph (2) of subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), if the total amount appropriated to the State Agriculture Development Committee pursuant to section 1 of this act is not expended within one calendar year following the effective date of this act, the committee may increase the amount of any offers made by the committee for the purchase of development easements on, or fee simple titles to, agricultural lands for farmland preservation purposes to an amount greater than the value established pursuant to the "Statewide Farmland Preservation Formula" of those lands, subject to such limitations as may be established by the rules and regulations adopted pursuant to section 6 of this act. If the committee increases the amount of an offer pursuant to this subsection, the committee shall: (1) issue a public notice indicating that the committee has increased an offer to an amount greater than the value established pursuant to the "Statewide Farmland Preservation Formula"; and (2) increase the amount of any other outstanding offers in proportion to the increase so made pursuant to this subsection, subject to the availability of monies appropriated to the committee, pursuant to section 1 of this act, for farmland acquisition. 1e. Within 60 days after the effective date of this act, the Department of Agriculture shall submit, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report to the Legislature that provides the average income of preserved farms and the average income of non-preserved farms in the State in calendar years 2022 and 2023, and the median income of preserved farms and the median income of non-preserved farms in the State in calendar years 2022 and 2023.1 4. There is appropriated from the General Fund to the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), the sum of $120,539,000 to implement the provisions of this act. 5. The expenditure of the sums approved by this act is subject to the provisions and conditions of P.L.2016, c.12 (C.13:8C-43 et seq.), P.L.2009, c.117, P.L.2007, c.119, P.L.1999, c.152 (C.13:8C-1 et seq.), P.L.1998, c.45, P.L.1995, c.204, P.L.1992, c.88, P.L.1989, c.183, P.L.1983, c.32 (C.4:1C-11 et seq.), and P.L.1981, c.276, as appropriate. 6. Within 60 days after the effective date of this act, and notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the State Agriculture Development Committee shall, immediately upon filing proper notice with the Office of Administrative Law, adopt rules and regulations to establish limits on the amount of offers that may be made by the committee for the purchase of development easements on, or fee simple title to, agricultural lands for farmland preservation purposes pursuant to subsection d. of section 3 of this act. The rules and regulations adopted pursuant to this section shall be effective until all monies appropriated to the committee, pursuant to section 1 of this act, for the acquisition of development easements on, or fee simple titles to, farmland have been expended. 7. This act shall take effect immediately. |
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| 53 | + | An Act appropriating $128.241 million from various farmland preservation funds to the State Agriculture Development Committee for farmland preservation purposes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. There is appropriated to the State Agriculture Development Committee the sum of $115,091,000 from corporation business tax revenues dedicated pursuant to Article VIII, Section II, paragraph 6 of the State Constitution and available in the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), to pay the cost of acquisition by the committee of development easements on, or fee simple titles to, farmland, to provide grants to counties and municipalities for up to 80 percent of the cost of acquisition of fee simple titles to farmland, and to provide grants to qualifying tax-exempt non-profit organizations for up to 50 percent of the cost of acquisition of fee simple titles to farmland, for farmland preservation purposes for projects approved as eligible for such funding pursuant to the "Agricultural Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et seq.), the "Garden State Preservation Trust Act," P.L.1999, c.152 (C.13:8C-1 et seq.), and the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-43 et seq.). Of the amount appropriated pursuant to this subsection, the sum of $7,702,000 is available due to interest earnings on the dedicated corporation business tax revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution. b. Any farmland acquired in fee simple with monies appropriated pursuant to this section shall be offered for resale or lease with agricultural deed restrictions approved by the committee. 2. There is appropriated from the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), from the "2009 Farmland Preservation Fund," established pursuant to section 18 of the "Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009," P.L.2009, c.117, from the "2007 Farmland Preservation Fund," established pursuant to section 18 of the "Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007," P.L.2007, c.119, from the "Garden State Farmland Preservation Trust Fund," established pursuant to section 20 of P.L.1999, c.152 (C.13:8C-20), from the "1999 Open Space Fund," established pursuant to the "Open Space - Local Match Program of the Fiscal Year 1999 annual appropriations act," P.L.1998, c.45, from the "1995 Farmland Preservation Fund," established pursuant to section 25 of the "Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995," P.L.1995, c.204, from the "1992 Farmland Preservation Fund," established pursuant to section 24 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, from the "1989 Farmland Preservation Fund," established pursuant to section 22 of the "Open Space Preservation Bond Act of 1989," P.L.1989, c.183, and from the "Farmland Preservation Fund," established pursuant to section 5 of the "Farmland Preservation Bond Act of 1981," P.L.1981, c.276, to the State Agriculture Development Committee, such sums from any additional proceeds which may become available by the effective date of this act due to the lease or conveyance of land or development easements acquired or funded by the committee, for the purpose of providing for the cost of acquisition, by the committee, of development easements and fee simple titles to farmland for farmland preservation purposes pursuant to subsection a. of section 1 of this act. Any farmland acquired in fee simple with monies appropriated pursuant to this section shall be offered for resale or lease with agricultural deed restrictions approved by the committee. 3. a. As used in this section, "farmland acquisition" means: the acquisition by the State Agriculture Development Committee of development easements on, or fee simple titles to, farmland; the issuance of grants by the committee to counties and municipalities for the acquisition of development easements on, or fee simple titles to, farmland; and the issuance of grants by the committee to qualifying tax-exempt non-profit organizations for the acquisition of development easements on, or fee simple titles to, farmland for farmland preservation purposes. b. There is appropriated to the State Agriculture Development Committee an amount not to exceed $13,150,000, subject to the approval of the Director of the Division of Budget and Accounting, from the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), as follows: (1) an amount not to exceed $12,000,000, subject to the approval of the Director of the Division of Budget and Accounting, for the purpose of providing funding for organizational, administrative, and other work and services, including salaries, equipment, materials, and services necessary to administer the applicable provisions of P.L.2016, c.12 (C.13:8C-43 et seq.), a portion of which amount shall be allocated to the committee at the end of the six-month period immediately following the effective date of this act, and each six-month period thereafter, based on the calculation provided pursuant to subsection c. of this section; (2) $1,000,000 for the purpose of providing funding for costs associated with the acquisition, by the committee, of development easements on farmland, including, but not limited to, appraisal, survey, and title costs; and (3) $150,000 for the purpose of providing funding for costs associated with legal advice and representation in connection with the committee's enforcement of development easements acquired for farmland preservation purposes pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.). c. (1) No later than the first day of the seventh month following the effective date of this act, and every six months thereafter, the committee shall submit a written report to the Director of Budget and Accounting, which report shall indicate: (a) the amount expended by the committee for farmland acquisition, from the amounts appropriated pursuant to section 1 of this act, during the immediately preceding six-month period; (b) the amount available for expenditure by the committee for farmland acquisition, from the amounts appropriated pursuant to section 1 of this act, upon the commencement of the immediately preceding six-month period; and (c) the proportional amount expended by the committee for farmland acquisition during the immediately preceding six-month period, which amount shall equal the ratio of the amount reported pursuant to subparagraph (a) of this paragraph, divided by the amount calculated pursuant to subparagraph (b) of this paragraph. (2) The amount appropriated to the committee for each six-month period pursuant to paragraph (1) of subsection b. of this section shall equal the product of: (a) the proportional amount expended by the committee for farmland acquisition during that six-month period, as such amounts shall be verified and determined by the Director of Budget and Accounting; and (b) the sum of $12,000,000, minus any amounts appropriated to the committee pursuant to paragraph (1) of subsection b. of this section for a previous six-month period. d. Notwithstanding the "Statewide Farmland Preservation Formula" established pursuant to paragraph (2) of subsection e. of section 8 of P.L.2016, c.12 (C.13:8C-50), if the total amount appropriated to the State Agriculture Development Committee pursuant to section 1 of this act is not expended within one calendar year following the effective date of this act, the committee may increase the amount of any offers made by the committee for the purchase of development easements on, or fee simple titles to, agricultural lands for farmland preservation purposes to an amount greater than the value established pursuant to the "Statewide Farmland Preservation Formula" of those lands, subject to such limitations as may be established by the rules and regulations adopted pursuant to section 6 of this act. If the committee increases the amount of an offer pursuant to this subsection, the committee shall: (1) issue a public notice indicating that the committee has increased an offer to an amount greater than the value established pursuant to the "Statewide Farmland Preservation Formula"; and (2) increase the amount of any other outstanding offers in proportion to the increase so made pursuant to this subsection, subject to the availability of monies appropriated to the committee, pursuant to section 1 of this act, for farmland acquisition. 4. There is appropriated from the General Fund to the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), the sum of $120,539,000 to implement the provisions of this act. 5. The expenditure of the sums approved by this act is subject to the provisions and conditions of P.L.2016, c.12 (C.13:8C-43 et seq.), P.L.2009, c.117, P.L.2007, c.119, P.L.1999, c.152 (C.13:8C-1 et seq.), P.L.1998, c.45, P.L.1995, c.204, P.L.1992, c.88, P.L.1989, c.183, P.L.1983, c.32 (C.4:1C-11 et seq.), and P.L.1981, c.276, as appropriate. 6. Within 60 days after the effective date of this act, and notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the State Agriculture Development Committee shall, immediately upon filing proper notice with the Office of Administrative Law, adopt rules and regulations to establish limits on the amount of offers that may be made by the committee for the purchase of development easements on, or fee simple title to, agricultural lands for farmland preservation purposes pursuant to subsection d. of section 3 of this act. The rules and regulations adopted pursuant to this section shall be effective until all monies appropriated to the committee, pursuant to section 1 of this act, for the acquisition of development easements on, or fee simple titles to, farmland have been expended. 7. This act shall take effect immediately. STATEMENT This bill appropriates up to $128.241 million from constitutionally dedicated CBT revenues to the State Agriculture Development Committee (SADC) for certain farmland preservation purposes. Of the funding provided by the bill, $115.091 million is appropriated to the SADC to pay the cost of acquisition by the SADC of development easements on, or fee simple titles to, farmland, to provide grants to counties and municipalities for up to 80 percent of the cost of acquisition of fee simple titles to farmland, and to provide grants to qualifying tax exempt nonprofit organizations for up to 50 percent of the cost of acquisition of fee simple titles to farmland, for farmland preservation purposes for projects approved as eligible for such funding pursuant to: the "Agricultural Retention and Development Act"; the "Garden State Preservation Trust Act"; and the "Preserve New Jersey Act." The bill also appropriates to the SADC such sums from any additional proceeds which may become available, by the effective date of the bill, due to the lease or conveyance of farmland previously acquired in fee simple by the SADC, for the purpose of providing for the cost of acquisition by the SADC of development easements and fee simple titles to farmland for farmland preservation purposes. The appropriations in this bill for the acquisition of fee simple titles and development easements to farmland have been approved by the SADC and the Garden State Preservation Trust. This bill also appropriates from the "Preserve New Jersey Farmland Preservation Fund" to the SADC: an amount not to exceed $12 million for organizational, administrative, and other work and services, including salaries, equipment, materials, and services necessary to administer the applicable provisions of the "Preserve New Jersey Act," a portion of which amount is to be allocated to the committee at the end of the six-month period immediately following the bill's effective date, and each six-month period thereafter, based on the amounts expended by the committee for farmland acquisition purposes; $1 million for costs associated with the acquisition of farmland development easements, including appraisal, survey, and title costs; and $150,000 for the costs associated with legal advice and representation in connection with the committee's enforcement of development easements acquired for farmland preservation purposes pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.). The bill provides that notwithstanding the "Statewide Farmland Preservation Formula" established pursuant P.L.2023, c.245, if the total amount appropriated to the SADC pursuant to the bill is not expended within one calendar year following the bill's enactment, the committee may increase its offers for the purchase of agricultural lands for farmland preservation purposes to an amount greater than the value established pursuant to the "Statewide Farmland Preservation Formula" of those lands, subject to such limitations as may be established by the rules and regulations adopted by the committee pursuant to the provisions of the bill. If the SADC increases the amount of an offer pursuant to this provision, the bill requires the SADC to: (1) issue a public notice indicating that the committee has increased the amount of an offer to an amount greater than the value established pursuant to the "Statewide Farmland Preservation Formula"; and (2) increase the amount of any other outstanding offer in proportion to the increase so made, subject to the availability of monies appropriated to the committee for farmland acquisition. The "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-43 et seq.), implements the constitutional dedication of CBT revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution, approved by the voters of the State in November 2014, for open space, farmland, and historic preservation. The "Preserve New Jersey Farmland Preservation Fund" was established pursuant to section 8 of the "Preserve New Jersey Act." The funding in this bill is from these constitutionally dedicated CBT revenues. |
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