| 51 | | - | An Act concerning housing for resident farm employees on commercial farms, and amending and supplementing P.L.1983, c.31. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 3 of P.L.1983, c.31 (C.4:1C-3) is amended to read as follows: 3. As used in P.L.1983, c.31 (C.4:1C-1 et seq.): "Board" or "county board" means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14). "Commercial farm" means (1) a farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), (2) a farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), or (3) a farm management unit that is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $10,000 or more annually. "Committee" means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4). "Farm management unit" means a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise. "Farm market" means a facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51 percent of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51 percent of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500. "Full-time, year-round equine-related farm employee" means any person employed by the owner or operator of a commercial farm on a full-time, year-round basis to provide proper care and ensure the safety of horses on the commercial farm, including, but not limited to, a groom or other employee working in a stable. "Full-time, year-round equine-related farm employee" shall not include a migrant, seasonal, or temporary employee. "Resident farm employee" means a person who is employed by the owner or operator of a commercial farm to engage in agricultural production activities on a full-time basis on the commercial farm. "Resident farm employee" shall not include a full-time, year-round equine-related farm employee 1, the owner of the farm, or any lineal descendant of the owner1 . "Shellfish" means the same as the term is defined in R.S.50:1-5. "Shellfish aquaculture" means the propagation, rearing, and subsequent harvesting of shellfish in controlled or selected environments, and the subsequent processing, packaging, and marketing of such shellfish, and includes activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting, and providing for protection from predators. "Shellfish aquaculture management unit" means an area, contiguous or noncontiguous, together with buildings, structures, and facilities, on which shellfish aquaculture is occurring, and which is operated as a single enterprise. "Shellfish commercial farm" means a shellfish aquaculture management unit that engages in shellfish aquaculture and produces shellfish worth $40,000 or more annually. "Shellfish farm market" means a structure co-located with a shellfish post-harvest activities facility that is part of the shellfish aquaculture management unit used for the wholesale or retail marketing of the shellfish output of a shellfish commercial farm, and products that contribute to farm income, except that if a shellfish farm market is used for retail marketing at least 51 percent of the annual gross sales of the retail farm market shall be generated from sales of shellfish output of the shellfish commercial farm, or at least 51 percent of the sales area shall be devoted to the sale of shellfish output of the shellfish commercial farm. "Shellfish post-harvest activities" means the storage, processing, and packaging activities carried out at a shellfish aquaculture management unit. "Single enterprise" means a person, including a business entity, that coordinates operations and combines resources in pursuit of the same business purpose, as evidenced by items including, but not limited to: common owners, principals, managers, directors, shareholders, or employees; integrated business records, financial statements, and tax returns; shared business resources; centralized accounting processes; commingling of income or expenses; the sharing of profits, losses, or liabilities; or common bank accounts. (cf: P.L.2023, c.20, s.1) 2. Section 6 of P.L.1983, c.31 (C.4:1C-9) is amended to read as follows: 6. Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or which commercial farm is in operation as of the effective date of P.L.1998, c.48 (C.4:1C-10.1 et al.), and the operation of which conforms to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or in a county where no county board exists, the committee, to constitute a generally accepted agricultural operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may: a. Produce agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping or, after the operative date of the regulations adopted pursuant to section 5 of P.L.2003, c.157 (C.4:1C-9.1), included under the corresponding classification under the North American Industry Classification System; b. Process and package the agricultural output of the commercial farm; c. Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards; d. Replenish soil nutrients and improve soil tilth; e. Control pests, predators and diseases of plants and animals; f. Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas; g. Conduct on-site disposal of organic agricultural wastes; h. Conduct agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm; i. Engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with the provisions of P.L.2009, c.213 (C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to section 3 of P.L.2009, c.213 (C.4:1C-9.2); j. Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); [and] k. House any full-time, year-round equine-related farm employee in the same building or facility as horses in accordance with the provisions of section 3 of P.L.2020, c.154 (C.4:1C-9.3) ; and l. House a resident farm employee in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) . (cf: P.L.2020, c.154, s.2) 3. (New section) a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), an agricultural management practice for the housing of a resident farm employee. 1The agricultural management practice shall provide that the amount of resident farm employee housing shall correlate to the amount of labor needed on the farm.1 b. The construction, installation, and provision of housing pursuant to this section shall comply with the State Uniform Construction Code adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) 1, the "Seasonal Farm Labor Act," P.L.1945, c.71 (C.34:9A-1 et seq.), the "Migrant and Seasonal Agricultural Worker Protection Act," (29 U.S.C. s.1801 et seq.),1 and applicable Department of Community Affairs standards and requirements. c. A municipality shall not deny or withhold the issuance of a certificate of occupancy for housing for a resident farm employee if the housing complies with the provisions of this section and the agricultural management practice adopted by the committee. d. Housing constructed, installed, or provided pursuant to this section shall be used only as housing for a resident farm employee. 1A resident farm employee shall not be charged rent to live in resident farm employee housing.1 4. This act shall take effect immediately. |
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| 49 | + | An Act concerning housing for resident farm employees on commercial farms, and amending and supplementing P.L.1983, c.31. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 3 of P.L.1983, c.31 (C.4:1C-3) is amended to read as follows: 3. As used in P.L.1983, c.31 (C.4:1C-1 et seq.): "Board" or "county board" means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14). "Commercial farm" means (1) a farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), (2) a farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), or (3) a farm management unit that is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $10,000 or more annually. "Committee" means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4). "Farm management unit" means a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise. "Farm market" means a facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51 percent of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51 percent of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500. "Full-time, year-round equine-related farm employee" means any person employed by the owner or operator of a commercial farm on a full-time, year-round basis to provide proper care and ensure the safety of horses on the commercial farm, including, but not limited to, a groom or other employee working in a stable. "Full-time, year-round equine-related farm employee" shall not include a migrant, seasonal, or temporary employee. "Resident farm employee" means a person who is employed by the owner or operator of a commercial farm to engage in agricultural production activities on a full-time basis on the commercial farm. "Resident farm employee" shall not include a full-time, year-round equine-related farm employee. "Shellfish" means the same as the term is defined in R.S.50:1-5. "Shellfish aquaculture" means the propagation, rearing, and subsequent harvesting of shellfish in controlled or selected environments, and the subsequent processing, packaging, and marketing of such shellfish, and includes activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting, and providing for protection from predators. "Shellfish aquaculture management unit" means an area, contiguous or noncontiguous, together with buildings, structures, and facilities, on which shellfish aquaculture is occurring, and which is operated as a single enterprise. "Shellfish commercial farm" means a shellfish aquaculture management unit that engages in shellfish aquaculture and produces shellfish worth $40,000 or more annually. "Shellfish farm market" means a structure co-located with a shellfish post-harvest activities facility that is part of the shellfish aquaculture management unit used for the wholesale or retail marketing of the shellfish output of a shellfish commercial farm, and products that contribute to farm income, except that if a shellfish farm market is used for retail marketing at least 51 percent of the annual gross sales of the retail farm market shall be generated from sales of shellfish output of the shellfish commercial farm, or at least 51 percent of the sales area shall be devoted to the sale of shellfish output of the shellfish commercial farm. "Shellfish post-harvest activities" means the storage, processing, and packaging activities carried out at a shellfish aquaculture management unit. "Single enterprise" means a person, including a business entity, that coordinates operations and combines resources in pursuit of the same business purpose, as evidenced by items including, but not limited to: common owners, principals, managers, directors, shareholders, or employees; integrated business records, financial statements, and tax returns; shared business resources; centralized accounting processes; commingling of income or expenses; the sharing of profits, losses, or liabilities; or common bank accounts. (cf: P.L.2023, c.20, s.1) 2. Section 6 of P.L.1983, c.31 (C.4:1C-9) is amended to read as follows: 6. Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or which commercial farm is in operation as of the effective date of P.L.1998, c.48 (C.4:1C-10.1 et al.), and the operation of which conforms to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or in a county where no county board exists, the committee, to constitute a generally accepted agricultural operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may: a. Produce agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping or, after the operative date of the regulations adopted pursuant to section 5 of P.L.2003, c.157 (C.4:1C-9.1), included under the corresponding classification under the North American Industry Classification System; b. Process and package the agricultural output of the commercial farm; c. Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards; d. Replenish soil nutrients and improve soil tilth; e. Control pests, predators and diseases of plants and animals; f. Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas; g. Conduct on-site disposal of organic agricultural wastes; h. Conduct agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm; i. Engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with the provisions of P.L.2009, c.213 (C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to section 3 of P.L.2009, c.213 (C.4:1C-9.2); j. Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); [and] k. House any full-time, year-round equine-related farm employee in the same building or facility as horses in accordance with the provisions of section 3 of P.L.2020, c.154 (C.4:1C-9.3) ; and l. House a resident farm employee in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) . (cf: P.L.2020, c.154, s.2) 3. (New section) a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), an agricultural management practice for the housing of a resident farm employee. b. The construction, installation, and provision of housing pursuant to this section shall comply with the State Uniform Construction Code adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and applicable Department of Community Affairs standards and requirements. c. A municipality shall not deny or withhold the issuance of a certificate of occupancy for housing for a resident farm employee if the housing complies with the provisions of this section and the agricultural management practice adopted by the committee. d. Housing constructed, installed, or provided pursuant to this section shall be used only as housing for a resident farm employee. 4. This act shall take effect immediately. STATEMENT This bill amends and supplements the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et seq.), to allow housing for resident farm employees on a commercial farm to be a permissible activity and eligible for Right to Farm protections. The bill directs the State Agriculture Development Committee (SADC) to adopt an agricultural management practice that permits the housing of resident farm employees. The bill defines "resident farm employee" as a person employed by the owner or operator of a commercial farm to engage in agricultural production activities on a full-time basis on the commercial farm. The term does not include a full-time, year-round equine-related farm employee. |
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