A4736

An Act appropriating $8,896,229 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 $4,957,399 in the following subtotal amounts, listed in paragraphs (1) through (6) of this subsection, 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, 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 “Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995,” P.L.1995, c.204, the “Garden State Preservation Trust Act,” P.L.1999, c.152 (C.13:8C-1 et seq.), the “Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007,” P.L.2007, c.119, the “Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009,” P.L.2009, c.117, and the “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-43 et seq.):

(1) $3,131,170 from dedicated corporation business tax revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution 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);

(2) $480,150 of unappropriated balances 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;

(3) $600,000 from the “2009 Farmland Preservation Fund” made available due to cancelled obligations and the reallocation of previously appropriated funds;

(4) $330,305 of unappropriated balances 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;

(5) $401,256 of unappropriated balances from the “Garden State Farmland Preservation Fund,” established pursuant to section 20 of P.L.1999, c.152 (C.13:8C-20); and

(6) $14,518 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.

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. There is appropriated to the State Agriculture Development Committee the sum of $709,830 for the purpose of providing grants for stewardship activities as defined pursuant to section 3 of P.L.2016, c.12 (C.13:8C-45), including soil and water conservation project activities approved pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24) and deer-fencing activities approved pursuant to section 5 of P.L.1983, c.32 (C.4:1C-5), as follows:

a. $641,830 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); and

b. $68,000 from the unexpended balances in the Diesel Risk Mitigation Fund - Constitutional Dedication account and the Diesel Risk Mitigation Administrative Costs - Constitutional Dedication account made available for this purpose pursuant to the provisions of P.L.2018, c.53.

4. 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), to the State Agriculture Development Committee the sum of:

a. $3,079,000 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.); and

b. $150,000 for the purpose of providing for the review of appraisals for all farmland preservation programs administered by the committee pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.).

5. 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 $7,002,000 to implement the provisions of this act.

6. Of the monies appropriated pursuant to P.L.2011, c.99 from the “2009 Farmland Preservation Fund,” established pursuant to section 18 of P.L.2009, c.117, the sum of $600,000 is made available for the purposes of section 1 of this act due to the reallocation of previously appropriated funds.

7. 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.

8. This act shall take effect immediately.

STATEMENT

This bill appropriates $8,896,229 to the State Agriculture Development Committee (SADC) for certain farmland preservation purposes.

Specifically, this bill appropriates $4,957,399 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 “Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995”; the “Garden State Preservation Trust Act”; the “Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007”; the “Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009”; and the “Preserve New Jersey Act.”

Of the $4,957,399 provided in section 1 of the bill for the acquisition of fee simple titles and development easements to farmland: $3,131,170 is from constitutionally dedicated corporation business tax (CBT) revenues in the “Preserve New Jersey Farmland Preservation Fund” established pursuant to the “Preserve New Jersey Act”; $1,080,150 is from the “2009 Farmland Preservation Fund” established pursuant to the “Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009”; $330,305 is from the “2007 Farmland Preservation Fund” established pursuant to the “Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007”; $401,256 is from the “Garden State Farmland Preservation Fund” established pursuant to the “Garden State Preservation Trust Act”; and $14,518 is from the “1995 Farmland Preservation Fund” established pursuant to the “Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995.”

The “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-43 et seq.), 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 Farmland Preservation Fund” was established pursuant to section 8 of 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.

In addition, this bill appropriates $709,830 to the SADC for the purpose of providing stewardship grants for activities, beyond routine operation and maintenance, undertaken by landowners, or farm operators as agents for landowners, to repair, restore, or improve lands preserved for farmland preservation purposes, including soil and water conservation project activities and deer-fencing activities. Of this funding: $641,830 is from the “Preserve New Jersey Farmland Preservation Fund”; and $68,000 is from unexpended balances in certain Diesel Risk Mitigation Fund accounts made available for this purpose pursuant to P.L.2018, c.53 (i.e., the FY2019 annual appropriations act).

The appropriations in this bill for the acquisition of fee simple titles and development easements to farmland and for stewardship grants have been approved by the SADC and the Garden State Preservation Trust.

Lastly, this bill appropriates to the SADC from the “Preserve New Jersey Farmland Preservation Fund”: $3,079,000 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”; and $150,000 for the review of appraisals for all farmland preservation programs administered by the SADC pursuant to the “Preserve New Jersey Act.”