SENATE, No. 4311

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED DECEMBER 9, 2019

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblyman  ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Senators Doherty, Ruiz, Turner, Assemblyman Benson and Assemblywoman Murphy

 

 

 

 

SYNOPSIS

     Appropriates $77,450,448 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 $77,450,448 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 and the Diesel Risk Mitigation Administrative Costs - Constitutional Dedication account made available for this purpose pursuant to the provisions of P.L.2019, c.150, for the acquisition or development of lands by local government units for recreation and conservation purposes in accordance with the provisions of 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.     $48,616,876 from constitutionally dedicated corporation business tax revenues;

     b.    $23,775,958 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 and interest earnings; and

     c.     $5,057,614 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.

 

     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

Oakland Boro

Bergen

Boro of Oakland Open Space & Recreation Plan

 

$500,000

 

River Vale Twp

Bergen

Watershed Property Acquisition

500,000

 

Teaneck Twp

Bergen

Queen Anne Road Acquisition Project

 

182,500

Burlington County

Burlington

Planning Incentive

 

1,000,000

Evesham Twp

Burlington

Planning Incentive

 

750,000

 

Medford Twp

Burlington

Open Space Incentive

500,000

 

Moorestown Twp

Burlington

Open Space Preservation Plan

500,000

 

Mount Laurel Twp

Burlington

Mt Laurel Acquisition Plan

 

750,000

 

Cumberland County

Cumberland

Trails & Open Space Acquisition

150,000

 

Gloucester County

Gloucester

Open Space Plan

1,000,000

 

Clinton Twp

Hunterdon

Open Space Acquisition Plan

 

500,000

 

Delaware Twp

Hunterdon

Open Space Acquisition

500,000

 

East Amwell Twp

Hunterdon

Open Space and Recreation Plan

 

350,000

 

Frenchtown Boro

Hunterdon

Frenchtown Greenbelt

 

500,000

 

Lebanon Twp

Hunterdon

Lebanon Twp Preservation Priorities

 

350,000

 

Raritan Twp

Hunterdon

Land Acquisition Plan

 

500,000

Readington Twp

Hunterdon

Greenway Incentive Plan

500,000

 

Mercer County

Mercer

Mercer County Planning Incentive

 

1,250,000

 

Hamilton Twp

Mercer

Hamilton Township Open Space Acquisition

 

750,000

Hopewell Twp

Mercer

Hopewell Open Space Acquisition

 

500,000

 

Lawrence Twp

 

Mercer

Open Space Plan Acquisition

 

500,000

Princeton Boro

Mercer

Princeton Open Space Acquisition

125,000

 

Robbinsville Twp

Mercer

Green Links Program

 

500,000

West Windsor Twp

Mercer

West Windsor Planning Incentive

500,000

 

North Brunswick Twp

Middlesex

 

North Brunswick Plan

 

750,000

 

South Brunswick Twp

Middlesex

 

Open Space Acquisition

 

750,000

Monmouth County

Monmouth

Planning Incentive Acquisition

1,250,000

 

Millstone Twp

Monmouth

Millstone Planning Incentive-Project Evergreen

 

500,000

Tinton Falls Boro

Monmouth

Tinton Falls Acquisition

 

500,000

Chatham Twp

Morris

Chatham Open Space Acquisition

467,253

 

Hanover Twp

Morris

Open Space Acquisition

200,000

 

Madison Boro

Morris

Madison Boro Open Space Acquisition

500,000

 

Ocean County

Ocean

Planning Incentive Grant

1,000,000

 

Manchester Twp

 

Ocean

Planning Incentive

 

604,603

 

Montgomery Twp

 

Somerset

Open Space Acquisition 5

 

500,000

 

Peapack & Gladstone Boro

 

Somerset

Open Space Acquisition

500,000

 

Union County

 

Union

Union County Open Space & Recreation Plan

 

1,500,000

 

TOTAL

 

 

$22,179,356

 

 

     (2)   Standard Acquisition Projects:

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

East Rutherford Boro

 

Bergen

Morton Street Acquisition Project

 

$500,000

 

Downe Twp

 

Cumberland

 

Downe Twp Open Space Acquisition

 

50,000

 

Pitman Boro

 

Gloucester

 

Alcyon Lake Park Expansion

 

500,000

 

High Bridge Boro

 

Hunterdon

 

Open Space Plan

 

77,154

 

Mountainside Boro

 

Union

Levi Cory Park Acquisition

 

56,250

 

TOTAL

 

 

$1,183,404

 

      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, 2019 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

Bloomfield Twp Third River Park and Preserve

 

$1,000,000

 

Union City

Hudson

44th Street Acquisition

 

900,000

 

TOTAL

 

 

$1,900,000

 

     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

Fairview Boro

 

Bergen

 

Fairview Dog Park Acquisition Project

 

$250,000

 

Wood-Ridge Boro

Bergen

Wood-Ridge Recreation Complex Acquisition

 

750,000

Bound Brook Boro

 

Somerset

 

Riverfront Acquisition

 

193,250

 

TOTAL

 

 

$1,193,250

 

 

 

 

GRAND TOTAL

 

 

$26,456,010

 

 

     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, 2019 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

Bergenfield Boro

 

Bergen

 

Twin Boro Field Improvements

 

$1,000,000

 

Garfield City

Bergen

20th Century Field Playground

 

160,000

 

Hackensack City

 

Bergen

Multi-Park Improvements

 

840,906

 

Lodi Boro

 

Bergen

 

Multi-Park Improvements

 

941,250

 

Mount Holly Twp

 

Burlington

 

Mill Dam Park Redevelopment

 

1,000,000

 

Camden County

 

Camden

Cooper River Park Improvements II

 

1,250,000

 

Camden City

Camden

Whitman Park Improvement Project

 

1,000,000

 

Gloucester Twp

 

Camden

 

Multi-Park Improvements

 

276,983

 

Essex County

Essex

Multi-Park Improvements 2019

 

1,500,000

 

Belleville Twp

 

Essex

Belleville Municipal Stadium Improvements

 

1,000,000

East Orange City

Essex

Columbian Park Improvements

 

1,000,000

 

Montclair Twp

 

Essex

Multi Park Development

 

1,000,000

 

Newark City

 

Essex

Frederick Douglas Park

 

750,000

 

Nutley Twp

Essex

DeMuro Park Improvements Project

 

731,160

 

Hudson County

Hudson

Laurel Hill Park Phase IV

 

1,500,000

 

Bayonne City

Hudson

Multi Park Development

 

1,000,000

 

Hoboken City

 

Hudson

Hoboken Cove Park

 

1,000,000

Jersey City

 

Hudson

Reservoir 3 Trail Development

 

884,334

 

North Bergen Twp

Hudson

North Bergen Community Center

 

1,000,000

Weehawken Twp

Hudson

Waterfront Multi-Use Pavilion II

 

1,000,000

West New York Town

Hudson

Port Imperial Pedestrian Connection

 

514,500

 

Trenton City

Mercer

Hetzel Field Park Development

1,000,000

 

Middlesex County

Middlesex

Perth Amboy Arthur Kill Waterfront

 

1,250,000

 

Carteret Boro

 

Middlesex

Bishop Andrews Park Improvements

 

1,000,000

 

Old Bridge Twp

 

Middlesex

 

Cottrell Farm Park Development

 

1,000,000

 

Long Branch City

Monmouth

Jerry Morgan Park Redevelopment

 

1,000,000

 

Brick Twp

Ocean

Multi-Park Improvements 2

 

1,000,000

 

Clifton City

Passaic

Athenia Park 2

862,685

 

Passaic City

Passaic

Multi-Park Improvements

 

1,000,000

 

Paterson City

 

Passaic

Vista Park Development Project

 

1,000,000

 

Hillside Twp

 

Union

Multi Parks Improvement Project

 

912,515

 

Plainfield City

 

Union

Rushmore Playground Improvements Phase I

 

1,000,000

 

Rahway City

Union

Madden Field Park Improvements

 

1,000,000

 

Roselle Boro

Union

Arminio Field Park Improvement

 

1,000,000

 

TOTAL

 

 

$32,374,333


     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

Atlantic City

 

Atlantic

 

Gardner's Basin Improvements

 

$750,000

 

Egg Harbor Twp

 

Atlantic

 

Tony Canale Park Expansion

 

750,000

 

Ventnor City

 

Atlantic

 

Ventnor City Ski Beach Improvements

 

388,400

 

Cliffside Park Boro

 

Bergen

Zalewski Park Improvements 2

 

316,000

 

Dumont Boro

 

Bergen

Gina's Field Improvements

 

235,632

 

Edgewater Boro

 

Bergen

Old Borough Hall Park Development

 

115,000

 

Elmwood Park Boro

 

Bergen

Elmwood Park Marina

 

250,407

 

Englewood City

 

Bergen

Mackay Park Field Improvements

 

66,750

 

Maywood Boro

 

Bergen

Memorial Park Field Improvements

 

60,000

 

North Arlington Boro

 

Bergen

James Zadroga Memorial Field

 

268,425

 

Palisades Park Boro

 

Bergen

Columbus Park Improvements

 

38,063

 

Riverside Twp

 

Burlington

 

Whomsley Fields Development

 

750,000

Washington Twp

 

Gloucester

 

Washington Lake Park Improvements

 

750,000

Harrison Town

 

Hudson

 

Cape May Street Waterfront Park

 

750,000

 

Edison Twp

 

Middlesex

 

Camp Kilmer Fields Improvements

 

750,000

 

Keyport Boro

 

Monmouth

 

Kearney Street Park Improvements

 

71,250

 

Middletown Twp

Monmouth

Multi-Park Improvements

340,000

 

Red Bank Boro

 

Monmouth

Bellhaven Nature Area Park

 

105,843

 

Parsippany-Troy Hills

 

Morris

 

Smith Field Park Improvements Project

 

750,000

 

Berkeley Twp

Ocean

Main Street Boat Ramp Park

 

135,872

 

Toms River Twp

 

Ocean

 

Toms River Field of Dreams

 

750,000

 

Manchester Twp

 

Ocean

 

Bowker Field Rehabilitation

 

86,650

 

Seaside Heights Boro

 

Ocean

 

Carousel Enclosure

 

750,000

 

Passaic County

 

Passaic

Rifle Camp Park Improvement Project (Phase 1)

 

500,000

 

Little Falls Twp

 

Passaic

Duva Field Improvements Project

 

750,000

 

Prospect Park Boro

 

Passaic

Hofstra Park Soccer Field Improvements

 

750,000

 

Linden City

 

Union

Linden City Multi-Parks Project

 

750,000

 

TOTAL

 

 

$11,978,292

 

 

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

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Burlington City

 

Burlington

 

Multi-Park Improvements

 

$500,000

 

Woolwich Twp

 

Gloucester

 

Locke Ave Park Improvement Project

 

500,000

Carneys Point Twp

 

Salem

 

Rec Complex Infrastructure Improvements

 

500,000

 

Sussex Boro

 

Sussex

 

Brookside Ave Park Improvements

 

100,000

 

TOTAL

 

 

$1,600,000

 

     d.    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

Wild Duck Pond Restoration

 

$1,250,000

 

Rutherford Boro

 

Bergen

Walls Field Rain Garden / Bio-Retention System

 

63,420

 

Camden County

Camden

Watchable Wildlife Trail

118,300

 

Cape May City

 

Cape May

 

Lafayette Street Park Nature Trail

 

500,000

 

Belleville Twp

 

Essex

 

Rifle Range Preserve Project

 

105,000

 

Bloomfield Twp

 

Essex

 

Third River Park Trail

 

286,968

 

Harrison Town

 

Hudson

Cape May Street Waterfront Park

 

750,000

 

Hoboken City

 

Hudson

 

Cove Shoreline and Ecological Restoration

 

69,132

 

Jersey City

Hudson

Gateway and Hamilton Park Rain Gardens

 

93,990

 

Secaucus Town

 

Hudson

 

Duck Pond Rehabilitation Project

 

325,000

 

Weehawken Twp

 

Hudson

 

South Park Shoreline Enhancement

 

406,222

 

Red Bank Boro

 

Monmouth

Riverside Garden Park

 

56,782

 

Spring Lake Heights

 

Monmouth

Joseph Robertson Park Improvements

 

75,000

 

Morris County

 

Morris

 

Trail Improvements and Meadow Restoration

 

198,715

 

Mendham Twp

 

Morris

 

Historic Park at Pitney Farm

 

377,500

 

Passaic County

Passaic

Westervelt-Vanderhoef Historic Landscape

 

289,500

 

Paterson City

 

 

Passaic

Valley Rock Trail Improvements

 

76,284

 

TOTAL

 

 

$5,041,813

 

GRAND TOTAL

 

 

$50,994,438

 

     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, 2020, 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 $77,450,448 from constitutionally dedicated corporation business tax revenues, the “Garden State Green Acres Preservation Trust Fund,” and various Green Acres funds 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:  $48,616,876 is from constitutionally dedicated corporation business tax (CBT) revenues; $23,775,958 is made available due to loan repayments and interest earnings; and $5,057,614 is made available due to project cancellations and withdrawals.  The funds made available due to loan repayments, interest earnings, and project cancellations and withdrawals 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 and the Diesel Risk Mitigation Administrative Costs - Constitutional Dedication account made available for these purposes pursuant to P.L.2019, c.150 (i.e., the FY2020 annual appropriations act). 

     The “Preserve New Jersey Act” implements 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 a certain amount of the portion of dedicated CBT revenues allocated each year for the Green Acres program is to be used for:  the acquisition of lands for open space, including Blue Acres projects, and development projects on State lands administered by the DEP’s Division of Fish and Wildlife and Division of Parks and Forestry; grants and loans to fund local government open space acquisition and development projects; and grants to nonprofit entities to acquire or develop lands for recreation and conservation purposes.  This bill appropriates funds to be used for grants and loans to fund local government open space acquisition and development projects.  Further, of the funding allocated for local open space acquisition and development projects, a certain percentage may be used to fund stewardship activities undertaken by local governments.  “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 $77,450,448.  Of this amount, $26,456,010 is for projects to acquire lands for recreation and conservation purposes, and $50,994,438 is for projects to develop lands for recreation and conservation purposes.

     Of the sum for projects to acquire lands for recreation and conservation purposes: $22,179,356 allocated for planning incentive open space acquisition projects; $1,183,404 is allocated for standard open space acquisition projects (i.e., projects located in municipalities that do not have an open space tax); $1.9 million is allocated for projects in “urban aid” municipalities; and $1,193,250 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 conservation purposes:  $32,374,333 is allocated for local park development projects in urban aid municipalities or sponsored by densely populated counties; $11,978,292 is allocated for local park development projects in densely or highly populated municipalities or sponsored by highly populated counties; $1.6 million is allocated for standard local park development projects (i.e., projects located municipalities that do not meet the criteria of the prior two categories); and $5,041,813 is 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.