SENATE, No. 3352

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JUNE 19, 2017

 


 

Sponsored by:

Senator  M. TERESA RUIZ

District 29 (Essex)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblywoman  SHEILA Y. OLIVER

District 34 (Essex and Passaic)

Assemblywoman  ANNETTE CHAPARRO

District 33 (Hudson)

Assemblyman  TROY SINGLETON

District 7 (Burlington)

Assemblyman  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Assemblyman  JON M. BRAMNICK

District 21 (Morris, Somerset and Union)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

Co-Sponsored by:

Senators Cardinale, Gordon, Holzapfel, Pennacchio, Singer, Thompson, Assemblymen Chiaravalloti, A.M.Bucco, Assemblywoman Rodriguez-Gregg, Assemblymen DiMaio, O'Scanlon, Assemblywoman N.Munoz, Assemblymen Carroll, Ciattarelli, Howarth, Dancer, Peterson, Webber, Assemblywoman B.DeCroce, Assemblymen Wolfe, Rible, Clifton, Assemblywoman Handlin, Assemblyman C.A.Brown, Assemblywoman Gove, Assemblyman McGuckin, Assemblywoman Schepisi, Assemblymen Auth, Rooney, S.Kean and Russo

 

SYNOPSIS

     Appropriates $71,700,224 from constitutionally dedicated CBT revenues and various Green Acres funds to DEP for local government open space acquisition and park development projects.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act appropriating $71,700,224 from constitutionally dedicated corporation business tax revenues and various Green Acres funds to assist local government units to acquire or develop lands for recreation and conservation purposes.

 

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

 

     1.    As used in this act:

     “Constitutionally dedicated corporation business tax revenues” means corporation business tax revenues dedicated pursuant to Article VIII, Section II, paragraph 6 of the State Constitution in the “Preserve New Jersey Green Acres Fund” and the unexpended balances in the Diesel Risk Mitigation Fund - Constitutional Dedication account made available for this purpose pursuant to the provisions of P.L.2016, c.10, for the acquisition or development of lands by local government units for recreation and conservation purposes in accordance with the provisions of the P.L.2016, c.12 (C.13:8C-43 et seq).

     “Densely or highly populated municipality” means a municipality with a population density of at least 5,000 persons per square mile, or a population of at least 35,000 persons, according to the latest federal decennial census.

     “Densely populated county” means a county with a population density of at least 5,000 persons per square mile according to the latest federal decennial census.

     “Garden State Green Acres Preservation Trust Fund” means the fund established pursuant to section 19 of P.L.1999, c.152 (C.13:8C-19).

     “Green Acres bond act” means P.L.2009, c.117, P.L.2007, c.119, P.L.1995, c.204, P.L.1992, c.88, P.L.1989, c.183, P.L.1987, c.265, and P.L.1983, c.354.

     “Highly populated county” means a county with a population density of at least 1,000 persons per square mile according to the latest federal decennial census.

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

     “Stewardship activity” means the same as the term is defined in section 3 of the “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-45).

 

     2.    There is appropriated to the Department of Environmental Protection the following sums for the purpose of providing grants or loans, or both, to assist local government units to acquire lands for recreation and conservation purposes pursuant to section 4 of this act and for the purpose of providing grants or loans, or both, to assist local government units to develop lands for recreation and conservation purposes pursuant to section 5 of this act:

     a.     $36,684,000 from constitutionally dedicated corporation business tax revenues;

     b.    $29,184,699 from the “Garden State Green Acres Preservation Trust Fund” and any Green Acres fund established pursuant to a Green Acres bond act, made available due to loan repayments;

     c.     $5,520,594 from the “Garden State Green Acres Preservation Trust Fund” and any Green Acres fund established pursuant to a Green Acres bond act, made available due to project cancellations and withdrawals; and

     d.    $310,931 from the “Garden State Green Acres Preservation Trust Fund” and any Green Acres fund established pursuant to a Green Acres bond act, made available due to interest earnings.

 

     3.    There is appropriated from the General Fund to the “Preserve New Jersey Green Acres Fund” an amount determined by the State Treasurer to be necessary to implement the provisions of this act.

 

     4.    a. The following projects to acquire lands for recreation and conservation purposes are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

 

     (1)   Planning Incentive Acquisition Projects:

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Cresskill Boro

Bergen

Cresskill Borough Park Expansion

 

$276,515

 

Oakland Boro

Bergen

Boro of Oakland Open Space & Recreation Plan

 

500,000

 

River Vale Twp

Bergen

Watershed Property Acq

500,000

 

Burlington County

Burlington

Planning Incentive

 

1,000,000

Medford Twp

Burlington

Open Space Incentive

500,000

 

Moorestown Twp

Burlington

Open Space Preservation Plan

487,220

 

Cumberland County

Cumberland

Trails & Open Space Acq

600,000

 

Livingston Twp

Essex

Township of Livingston Open Space Acq

 

500,000

 

Gloucester County

Gloucester

Open Space Plan

1,000,000

 

Hunterdon County

Hunterdon

County Open Space Plan

700,000

 

Delaware Twp

Hunterdon

Open Space Acq

500,000

 

East Amwell Twp

Hunterdon

Open Space & Recreation Plan

368,500

 

Kingwood Twp

Hunterdon

Open Space Plan

289,000

 

Lebanon Twp

Hunterdon

Lebanon Twp Preservation Priorities

 

500,000

 

Readington Twp

Hunterdon

Greenway Incentive Plan

500,000

 

Tewksbury Twp

Hunterdon

Recreation and Open Space Plan

500,000

 

Mercer County

Mercer

Mercer County Planning Incentive

 

1,250,000

 

Hopewell Twp

Mercer

Hopewell Township Open Space Acq

 

230,000

 

Princeton Boro

Mercer

Princeton Open Space Acq

375,500

 

West Windsor Twp

Mercer

West Windsor Planning Inc

500,000

 

Monmouth County

Monmouth

Planning Incentive Acq

1,250,000

 

Allentown Boro

Monmouth

Mercer-Monmouth Regional Greenbelt

500,000

 

 

Millstone Twp

Monmouth

Millstone Planning Incentive-Project Evergreen

 

500,000

Chatham Twp

Morris

Chatham Open Space Acq

500,000

 

Denville Twp

Morris

Denville Open Space Acquisition

 

500,000

Hanover Twp

Morris

Open Space Acq

469,325

 

Kinnelon Boro

Morris

Open Space Acq

181,000

 

Madison Boro

Morris

Madison Boro Open Space Acq

500,000

 

Ocean County

Ocean

Planning Incentive Grant

1,000,000

 

Harvey Cedars Boro

Ocean

James Street Wetlands Project

50,000

 

Point Pleasant Beach Boro

 

Ocean

Open Space & Recreation Acq

364,330

 

Somerset County

Somerset

County Open Space Acq

1,250,000

 

Bedminster Twp

Somerset

Bedminster Parks Exp

500,000

 

Bernardsville Boro

Somerset

Bernardsville Boro Open Space and Recreation Lands

 

500,000

Montgomery Twp

Somerset

Open Space Acq 5

500,000

 

Peapack-Gladstone Boro

Somerset

Open Space Acq

500,000

 

Union County

Union

Union County Open Space & Recreation Plan

 

1,500,000

 

Alpha Boro

Warren

Alpha Borough Open Space

90,000

 

Washington Boro

Warren

Washington Boro Open Space Acq

 

500,000

TOTAL

 

 

$22,231,390

 

 

     (2)   Standard Acquisition Projects:

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Hamilton Twp

Atlantic

2nd Street ParkAcq

$40,500

 

Franklin Lakes Boro

 

Bergen

Franklin Lakes Open Space Acq

500,000

 

Hillsdale Boro

Bergen

Hillsdale Flood Buyout Acq

 

 61,650

 

TOTAL

 

 

$602,150

 

 

      b.    The following projects to acquire lands for recreation and conservation purposes located in municipalities eligible to receive State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.), either as of June 30, 2016 or the effective date of this act, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Bloomfield Twp

Essex

Third River Park and Preserve

$1,000,000

 

Newark City

Essex

Newark Riverfront Park Acq

1,000,000

 

Hoboken City

Hudson

Land Acq

1,000,000

 

Jersey City

Hudson

Berry Lane Acq

1,000,000

 

Union City

Hudson

Weehawken – Union City Reservoir Acq

 

1,000,000

 

Carteret Boro

Middlesex

Arthur Kill Waterfront Park

Ph III

 

1,000,000

 

Neptune Twp

Monmouth

Flood Prone Property Acq

1,000,000

 

Paterson City

Passaic

Ryle Ave/West Broadway Corridor Acq

 

1,000,000

 

TOTAL

 

 

$8,000,000

 

     c.     The following projects to acquire lands for recreation and conservation purposes, located in densely or highly populated municipalities or sponsored by densely populated counties or highly populated counties, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Wood-Ridge Boro

Bergen

Wood-Ridge Recreation Complex Acq

 

750,000

Washington Twp

Gloucester

Open Space & Recreation Project

708,000

 

Harrison Town

Hudson

Waterfront Park Walkway Acq

213,250

 

Hamilton Twp

Mercer

Hamilton Twp Open Space Acq

456,880

 

East Brunswick Twp

 

Middlesex

Open Space Plan

70,000

North Brunswick Twp

Middlesex

North Brunswick Plan

750,000

 

 

Howell Twp

 

Monmouth

Planning Incentive 2

750,000

Marlboro Twp

Monmouth

Marlboro Open Space Acq

750,000

 

Morristown Town

Morris

Open Space Expansion

500,000

 

Manchester Twp

Ocean

Planning Incentive

750,000

 

Little Falls Twp

 

Passaic

Little Falls Blue Acres Acq

612,050

 

TOTAL

 

 

$6,310,180

 

 

 

 

GRAND TOTAL

 

 

$37,143,720

 

 

     5.    a. The following projects to develop lands for recreation and conservation purposes, located in municipalities eligible to receive State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.) either as of June 30, 2016 or the effective date of this act, or sponsored by densely populated counties, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Pleasantville City

Atlantic

Bayview Avenue Waterfront Park

$1,000,000

 

Bergenfield Boro

Bergen

Twin Boro Field Improvements

1,000,000

 

Garfield City

Bergen

Garfield Athletic Complex

1,000,000

 

Hackensack City

 

Bergen

Foschini Park Improvements

800,000

Camden County

 

Camden

Cooper River Park Improvements II

 

1,000,000

Camden City

Camden

North Camden Waterfront Park III

 

1,000,000

 

Pennsauken Twp

Camden

Delaware Gardens River View Renewal

 

593,845

Vineland City

Cumberland

Park Improvement at Burnt Mill Pond

 

747,500

 

Essex County

Essex

Multi-Park Improvements

1,500,000

 

Belleville Twp

 

Essex

Belleville Municipal Stadium Improvements

 

1,000,000

East Orange City

Essex

Columbian Park Improvements

 

1,000,000

 

Nutley Twp

Essex

Father Glotzbach Soccer Field Turf Project

 

350,115

 

Orange City Twp

Essex

Multi-Park Improvements

1,000,000

 

Glassboro Boro

Gloucester

Town Square Park Improvements

1,000,000

 

Woodbury City

Gloucester

Stewart Lake Park Improvements

 

665,390

 

Hudson County

Hudson

Laurel Hill Park Phase IV

 

1,500,000

 

Bayonne City

Hudson

Newark Bay Waterfront Project

1,000,000

 

Kearny Town

Hudson

Gunnell Oval Sports Complex Reconstruction

 

1,000,000

North Bergen Twp

Hudson

64th Street Field Improvements

 

1,000,000

Weehawken Twp

Hudson

Weehawken Recreation Pier and Bridge Project

 

1,000,000

West New York Town

Hudson

Historic Miller Stadium Field Surface Improvements

 

1,000,000

Trenton City

Mercer

Hetzel Field Park Development

1,000,000

 

Middlesex County

Middlesex

Perth Amboy Arthur Kill Waterfront

 

1,250,000

 

Long Branch City

Monmouth

Branchport Park Improvements

750,000

 

Brick Twp

Ocean

Multi-Park Improvements 2

1,000,000

 

Passaic County

Passaic

Weasel Brook Park Improvements 2

 

600,000

 

Clifton City

Passaic

Athenia Park 2

1,000,000

 

Passaic City

Passaic

Third Ward Veterans Memorial Park Improvements

 

1,000,000

 

Rahway City

Union

Madden Field Park Improvements

 

1,000,000

 

Roselle Boro

Union

Arminio Field Park Improvement

 

1,000,000

 

TOTAL

 

 

$28,756,850

 

     b.    The following projects to develop lands for recreation and conservation purposes, located in densely or highly populated municipalities or sponsored by highly populated counties, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Bergen County

Bergen

Overpeck Park Improvements 2

$1,250,000

 

Elmwood Park Boro

 

Bergen

Birchwood Park Improvements

37,500

 

New Milford Boro

Bergen

Kennedy Field Improvements

 

647,500

North Arlington Boro

 

Bergen

Daniel Morris Park Improvements

59,800

Rutherford Boro

 

Bergen

Memorial Park Improvements

148,215

West Orange Twp

Essex

West Orange Multipark Development

 

182,100

 

Middletown Twp

Monmouth

Multi-Park Improvements

369,250

 

Berkeley Twp

Ocean

Veterans Park Improvements

750,000

 

Wayne Twp

Passaic

Alps Road Ballfields

300,000

 

Bound Brook Boro

 

Somerset

Multi Park Improvements

104,855

Somerville Boro

Somerset

Chambres Park Improvement

143,355

 

Fanwood Boro

Union

Forest Road Park Development

425,000

 

TOTAL

 

 

$4,417,575

 

     c.     The following projects for stewardship activities are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Bergen County

Bergen

Stormwater Canyon Restoration

$113,000

 

Ridgefield Boro

Bergen

Ridgefield Nature Center Improvements

 

61,812

Burlington County

Burlington

Stewardship Multi Parks

54,000

 

Camden County

Camden

Watchable Wildlife Trail

50,000

 

Franklin Twp

Gloucester

Piney Hollow Preservation Area

200,000

 

Jersey City

Hudson

Jersey City Parks Stewardship

82,672

 

Mercer County

Mercer

Roebling Park Wetlands Restoration

 

59,350

Woodbridge Twp

Middlesex

Heards Brook Stewardship

164,735

 

Avon-By-The Sea Boro

 

Monmouth

Sylvan Lake Restoration

281,750

Passaic County

Passaic

Dey Mansion Improvements

100,000

 

Woodland Park Boro

 

Passaic

Rose Place Park Woods

50,250

 

Peapack - Gladstone Boro

 

Somerset

Liberty Pond Park Restoration

101,707

Fanwood Boro

Union

Fanwood Nature Center Rescue Initiative

 

62,803

TOTAL

 

 

$1,382,079

 

GRAND TOTAL

 

 

$34,556,504

 

     6.    a. Any transfer of funds, or change in project sponsor, site, or type, listed in section 4 or 5 of this act shall require the approval of the Joint Budget Oversight Committee or its successor.

     b.    To the extent that moneys remain available after the projects listed in section 4 or 5 of this act are offered funding pursuant thereto, any project of a local government unit that previously received funding appropriated or reappropriated from any Green Acres bond act, any annual appropriations act, or the Garden State Green Acres Preservation Trust Fund for recreation and conservation purposes, or that receives funding approved pursuant to this act, shall be eligible to receive additional funding, as determined by the Department of Environmental Protection, subject to the approval of the Joint Budget Oversight Committee or its successor.

 

      7.   a. There is reappropriated to the Department of Environmental Protection the unexpended balances, due to project withdrawals, cancellations, or cost savings, of the amounts appropriated or reappropriated from any Green Acres bond act, any annual appropriations act, or the Garden State Green Acres Preservation Trust Fund to assist local government units to acquire or develop lands for recreation and conservation purposes, for the purposes of providing:

     (1)   grants or loans, or both, to assist local government units to acquire or develop lands for recreation and conservation purposes, for projects approved as eligible for such funding pursuant to this act; and

     (2)   additional funding, as determined by the Department of Environmental Protection, to any project of a local government unit that previously received funding appropriated or reappropriated from any Green Acres bond act, any annual appropriations act, or the Garden State Green Acres Preservation Trust Fund for recreation and conservation purposes or that receives funding approved pursuant to this act, subject to the approval of the Joint Budget Oversight Committee or its successor.  Any such additional funding provided from a Green Acres bond act may include administrative costs.

      b.   There is appropriated to the Department of Environmental Protection such sums as may be, or may become, available on or before June 30, 2017, due to interest earnings or loan repayments in any "Green Trust Fund" established pursuant to a Green Acres bond act or in the "Garden State Green Acres Preservation Trust Fund," for the purpose of providing:

     (1)   grants or loans, or both, to assist local government units to acquire or develop lands for recreation and conservation purposes, for projects approved as eligible for such funding pursuant to this act; and

     (2)   additional funding, as determined by the Department of Environmental Protection, to any project of a local government unit that previously received funding appropriated or reappropriated from any Green Acres bond act, any annual appropriations act, or the Garden State Green Acres Preservation Trust Fund for recreation and conservation purposes or that receives funding approved pursuant to this act, subject to the approval of the Joint Budget Oversight Committee or its successor.  Any such additional funding provided from a Green Acres bond act may include administrative costs.

 

     8.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill appropriates $71,700,224 from constitutionally dedicated corporation business tax revenues, the “Garden State Green Acres Preservation Trust Fund,” and various Green Acres bond acts to the Department of Environmental Protection (DEP) to provide grants or low-interest loans, or both, to assist local government units in the State to acquire or develop lands for recreation and conservation purposes. 

     Of the total amount appropriated:  $36,684,000 is from constitutionally dedicated corporation business tax (CBT) revenues; $29,184,699 is made available due to loan repayments; $5,520,594 is made available due to project cancellations and withdrawals; and $310,931 is made available due and interest earnings.  The funds made available due to loan repayments, project cancellations and withdrawals, and interest earning are from the “Garden State Green Acres Preservation Trust Fund” and various Green Acres funds established pursuant to a Green Acres bond act.

     The CBT revenues appropriated in this bill are provided from constitutionally dedicated CBT revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution, approved by the voters of the State in November 2014, including the unexpended balances in the Diesel Risk Mitigation Fund – Constitutional Dedication account made available for these purposes pursuant to P.L.2016, c.10 (i.e., the FY2017 annual appropriations act). 

     The “Preserve New Jersey Act” implements for State fiscal years 2017 through 2019, the constitutional dedication of CBT revenues for open space, farmland, and historic preservation.  The “Preserve New Jersey Green Acres Fund” was established by section 6 of the “Preserve New Jersey Act.”  The act provides that of the 60 percent of dedicated CBT revenues allocated each year for the Green Acres program:  55 percent is to be used for State open space acquisition and development projects; 38 percent is to be used for grants and loans to fund local government open space acquisition and development projects; and 7 percent is to be used for grants to fund open space acquisition and development projects undertaken by qualifying tax exempt nonprofit organizations.  Further, of the funding allocated for local open space acquisition and development projects, up to 2 percent is to be used to fund stewardship activities.  “Stewardship activity” is defined in the act as an activity, which is beyond routine operations and maintenance, undertaken 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.

     The total amount of funding allocated for local government projects listed in this bill is $71,700,224.  Of this amount, $37,143,720 is for projects to acquire lands for recreation and conservations purposes, and $34,556,504 is for projects to develop lands for recreation and conservations purposes.

     Of the sum for projects to acquire lands for recreation and conservations purposes: $22,231,390 is allocated for planning incentive open space acquisition projects; $602,150 is allocated for standard open space acquisition projects (i.e., projects located in municipalities that do not have an open space tax); $8,000,000 is allocated for projects in “urban aid” municipalities; and $6,310,180 is allocated for projects in densely or highly populated municipalities or sponsored by densely or highly populated counties. 

     Of the sum for projects to develop lands for recreation and conservations purposes:  $28,756,850 is allocated for local park development projects in urban aid municipalities or sponsored by densely populated counties; $4,417,575 is allocated for local park development projects in densely or highly populated municipalities or sponsored by highly populated counties; and $1,382,079 allocated for stewardship activity projects.

     The projects listed have been approved by the DEP and the Garden State Preservation Trust (GSPT). 

     The projects approved by the bill include projects in “urban aid” and densely or highly populated municipalities and counties.  The bill defines a “densely or highly populated municipality” as a municipality with a population density of at least 5,000 persons per square mile or a population of at least 35,000 persons; a “densely populated county” as a county with a population density of at least 5,000 persons per square mile; and a “highly populated county” as a county with a population density of at least 1,000 persons per square mile.

     To the extent that there are funds remaining after those local government unit projects listed in this bill are offered funding, the bill also authorizes the DEP, with the approval of the Joint Budget Oversight Committee (JBOC), to use those funds to provide additional funding for local government unit projects listed in this bill as well as for local government unit projects previously approved for funding pursuant to various other laws.