New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A5094 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 5094 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED DECEMBER 12, 2024
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3	3	ASSEMBLY, No. 5094
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5	5	STATE OF NEW JERSEY
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7	7	221st LEGISLATURE
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11	11	INTRODUCED DECEMBER 12, 2024
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15	15	Sponsored by: Assemblyman WILLIAM W. SPEARMAN District 5 (Camden and Gloucester) SYNOPSIS Provides that potable water well construction projects on preserved farms are eligible to receive soil and water conservation grants from SADC. CURRENT VERSION OF TEXT As introduced.
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19	19	Sponsored by:
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21	21	Assemblyman WILLIAM W. SPEARMAN
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23	23	District 5 (Camden and Gloucester)
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33	33	SYNOPSIS
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35	35	Provides that potable water well construction projects on preserved farms are eligible to receive soil and water conservation grants from SADC.
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39	39	CURRENT VERSION OF TEXT
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41	41	As introduced.
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45	45	An Act concerning certain grants for soil and water conservation projects and amending P.L.1983, c.32. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 17 of P.L.1983, c.32 (C.4:1C-24) is amended to read as follows: 17. a. (1) Landowners within a municipally approved program or other farmland preservation program shall enter into an agreement with the board, and the municipal governing body, if appropriate, to retain the land in agricultural production for a minimum period of eight years. (2) Any landowner whose land is within a municipally approved program or other farmland preservation program or any landowner whose land qualifies for differential property tax assessment pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), and which is included in an agricultural development area, may enter into an agreement to convey a development easement on the land to the board. The development easement may be permanent or for a term of 20 years. (3) Any agreement entered into pursuant to paragraph (1) of this subsection shall constitute a restrictive covenant and shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed. Any development easement conveyed pursuant to paragraph (2) of this subsection shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed. The recording of any such agreement or development easement of limited term shall include notification that the committee may exercise the first right and option to purchase a fee simple absolute interest in the land pursuant to P.L.1989, c.28 (C.4:1C-38 et al.). b. A landowner, or a farm operator as an agent for the landowner, whose land is within a municipally approved program or other farmland preservation program, or is subject to a development easement conveyed pursuant to subsection a. of this section, shall be eligible to, and may, apply to the local soil conservation district and the board for a grant for a soil and water conservation project approved by the State Soil Conservation Committee, subject to the provisions of P.L.1983, c.32 (C.4:1C-11 et al.). Eligible soil and water conservation projects shall include, but not be limited to, projects to construct potable water wells. c. (Deleted by amendment, P.L.1989, c.310.) d. Approval by the local soil conservation district and the board for grants for soil and water conservation projects shall be contingent upon a written agreement by the person who would receive funds that the project shall be maintained for a specified period of not less than three years, and shall be a component of a farmland conservation plan approved by the local soil conservation district. e. If the landowner applying for funds for a soil and water conservation project pursuant to this section provides 50% of those funds without assistance from the county, the local soil conservation district shall review, approve, conditionally approve or disapprove the application. The committee shall certify that the land on which the soil and water conservation project is to be conducted has had a development easement conveyed from it pursuant to subsection a. of this section or is part of a municipally approved program or other farmland preservation program. (cf: P.L.1989, c.310, s.1) 2. This act shall take effect immediately. STATEMENT This bill would provide that projects on preserved farmland to construct potable water wells would be eligible to receive soil and water conservation grants from the State Agriculture Development Committee (SADC) pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24). Under the current program, eligible projects include: terrace systems; diversions; water impoundment reservoirs; irrigation systems; sediment retention, erosion or water control systems; drainage systems; animal waste control facilities; and land shaping and grading. This bill would expand the program to also allow for potable water well construction projects to be eligible. In order to obtain a soil and water conservation grant, landowners apply to local Soil Conservation Districts, which assist in developing farm conservation plans and ensure projects are necessary and feasible. Applications are then forwarded to the State Soil Conservation Committee, which recommends projects to the SADC for funding approvals.
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47	47	An Act concerning certain grants for soil and water conservation projects and amending P.L.1983, c.32.
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51	51	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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55	55	1. Section 17 of P.L.1983, c.32 (C.4:1C-24) is amended to read as follows:
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57	57	17. a. (1) Landowners within a municipally approved program or other farmland preservation program shall enter into an agreement with the board, and the municipal governing body, if appropriate, to retain the land in agricultural production for a minimum period of eight years.
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59	59	(2) Any landowner whose land is within a municipally approved program or other farmland preservation program or any landowner whose land qualifies for differential property tax assessment pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), and which is included in an agricultural development area, may enter into an agreement to convey a development easement on the land to the board. The development easement may be permanent or for a term of 20 years.
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61	61	(3) Any agreement entered into pursuant to paragraph (1) of this subsection shall constitute a restrictive covenant and shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed. Any development easement conveyed pursuant to paragraph (2) of this subsection shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed. The recording of any such agreement or development easement of limited term shall include notification that the committee may exercise the first right and option to purchase a fee simple absolute interest in the land pursuant to P.L.1989, c.28 (C.4:1C-38 et al.).
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63	63	b. A landowner, or a farm operator as an agent for the landowner, whose land is within a municipally approved program or other farmland preservation program, or is subject to a development easement conveyed pursuant to subsection a. of this section, shall be eligible to, and may, apply to the local soil conservation district and the board for a grant for a soil and water conservation project approved by the State Soil Conservation Committee, subject to the provisions of P.L.1983, c.32 (C.4:1C-11 et al.). Eligible soil and water conservation projects shall include, but not be limited to, projects to construct potable water wells.
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65	65	c. (Deleted by amendment, P.L.1989, c.310.)
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67	67	d. Approval by the local soil conservation district and the board for grants for soil and water conservation projects shall be contingent upon a written agreement by the person who would receive funds that the project shall be maintained for a specified period of not less than three years, and shall be a component of a farmland conservation plan approved by the local soil conservation district.
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69	69	e. If the landowner applying for funds for a soil and water conservation project pursuant to this section provides 50% of those funds without assistance from the county, the local soil conservation district shall review, approve, conditionally approve or disapprove the application. The committee shall certify that the land on which the soil and water conservation project is to be conducted has had a development easement conveyed from it pursuant to subsection a. of this section or is part of a municipally approved program or other farmland preservation program.
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71	71	(cf: P.L.1989, c.310, s.1)
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75	75	2. This act shall take effect immediately.
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81	81	STATEMENT
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85	85	This bill would provide that projects on preserved farmland to construct potable water wells would be eligible to receive soil and water conservation grants from the State Agriculture Development Committee (SADC) pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24).
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87	87	Under the current program, eligible projects include: terrace systems; diversions; water impoundment reservoirs; irrigation systems; sediment retention, erosion or water control systems; drainage systems; animal waste control facilities; and land shaping and grading. This bill would expand the program to also allow for potable water well construction projects to be eligible.
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89	89	In order to obtain a soil and water conservation grant, landowners apply to local Soil Conservation Districts, which assist in developing farm conservation plans and ensure projects are necessary and feasible. Applications are then forwarded to the State Soil Conservation Committee, which recommends projects to the SADC for funding approvals.