SENATE, No. 4153

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 15, 2021

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Appropriates $80,539,578 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 $80,539,578 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” 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.     $76,802,956 from constitutionally dedicated corporation business tax revenues.  Of the amount appropriated pursuant to this subsection, the sum of $2,170,956 is available due to interest earnings on the constitutionally dedicated corporation business tax revenues; and

     b.    $3,736,622 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.

 

     3.    There is appropriated from the General Fund to the “Preserve New Jersey Green Acres Fund” the sum of $76,802,956 to implement the provisions of this act.

 

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

 

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

 

Burlington County

Burlington

Planning Incentive

 

1,000,000

Bordentown Twp

Burlington

Bordentown Twp Open Space Acq

 

500,000

Eastampton Twp

Burlington

Planning Incentive

111,500

 

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

 

Gibbsboro Boro

Camden

Greenway Acquisition

400,000

 

Caldwell Boro

Essex

Caldwell OSRP Update

250,000

 

Livingston Twp

Essex

Livingston Twp Open Space Acquisition

 

500,000

 

Verona Twp

Essex

Verona Open Space Acquisition

 

500,000

 

Gloucester County

Gloucester

Open Space Plan

1,000,000

 

Bethlehem Twp

Hunterdon

Open Space Plan Implementation

 

500,000

 

Delaware Twp

Hunterdon

Open Space Acquisition

500,000

 

Kingwood Twp

Hunterdon

Open Space Plan

 

500,000

 

Raritan Twp

Hunterdon

Land Acquisition Plan

 

500,000

Readington Twp

Hunterdon

Greenway Incentive Plan

500,000

 

Union Twp

Hunterdon

Union Twp Open Space Plan

 

500,000

 

Mercer County

Mercer

Mercer County Planning Incentive

 

1,250,000

 

Hamilton Twp

Mercer

Hamilton Township Open Space Acquisition

 

750,000

Lawrence Twp

 

Mercer

Open Space Plan Acquisition

 

500,000

Pennington Boro

Mercer

Pennington Greenbelt Planning Incentive

 

375,000

Princeton Boro

Mercer

Princeton Open Space Acquisition

 

500,000

 

Robbinsville Twp

Mercer

Green Links Program

 

500,000

West Windsor Twp

Mercer

West Windsor Planning Incentive

 

500,000

 

Middlesex County

Middlesex

Middlesex County Open Space Acquisition

 

1,250,000

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

 

Holmdel Twp

Monmouth

Holmdel Planning Incentive Acquisition

 

500,000

 

Howell Twp

Monmouth

Planning Incentive 2

750,000

 

Millstone Twp

Monmouth

Millstone Planning Incentive-Project Evergreen

 

500,000

Madison Boro

Morris

Madison Boro Open Space Acquisition

 

500,000

 

Ocean County

Ocean

Planning Incentive Grant

1,000,000

 

Manchester Twp

 

Ocean

Planning Incentive

 

750,000

 

Point Pleasant Beach Boro

 

Ocean

Open Space & Recreation Acquisition

500,000

Passaic County

Passaic

Open Space Plan Acquisitions

1,250,000

 

Somerset County

Somerset

County Open Space Acquisition

 

1,000,000

Bernardsville Boro

Somerset

Bernardsville Boro Open Space & Recreation Land Acquisition

 

500,000

Montgomery Twp

 

Somerset

Open Space Acquisition 5

 

500,000

 

Peapack - Gladstone Boro

 

Somerset

Open Space Acquisition

500,000

 

Frankford Twp

Sussex

Frankford Twp Planning Incentive

 

462,500

Union County

 

Union

Open Space & Recreation Plan

 

1,500,000

 

TOTAL

 

 

$29,349,000

 

 

      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, 2021 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

 

Union City

Hudson

4100 Palisade Ave Acq

 

1,000,000

 

Rahway City

Union

East Cherry Street Park Acq

 

179,000

TOTAL

 

 

$2,179,000

 

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

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

East Rutherford Boro

 

Bergen

Richard Outwater House Acq

 

$500,000

 

Wood-Ridge Boro

Bergen

Wood-Ridge Recreation Complex Acq

 

750,000

Edison Twp

Middlesex

Glendale Park Acq

 

750,000

Fair Haven Boro

Monmouth

Spagnuolo Acq

500,000

 

Lincoln Park Boro

Morris

Lincoln Park Floodplain Acq

213,518

 

Mountainside Boro

 

Union

Our Lady of Lourdes Fields

 

478,000

 

TOTAL

 

 

$3,191,518

 

     d.    The following site-specific incentive acquisition projects to acquire lands for recreation and conservation purposes are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

 

LOCAL GOVERNMENT UNIT

 

COUNTY

PROJECT

APPROVED AMOUNT

Lambertville City

Hunterdon

Closson Property Acq

$500,000

 

Parsippany-Troy Hills Twp

Morris

Kosut Tract Acq

400,000

 

 

 

 

Hardwick Twp

Warren

White Lake Natural Resource Area Addition

265,000

 

 

 

 

TOTAL

 

 

$1,165,000

 

 

 

 

GRAND TOTAL

 

 

$35,884,518

 

     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, 2021 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

Atlantic City

Atlantic

Gardner’s Basin Improvements

$596,450

 

Pleasantville City

Atlantic

Bayview Avenue Waterfront Park

 

633,333

Cliffside Park Boro

 

Bergen

 

Gorge Road Park Improvements

 

187,500

Garfield City

Bergen

Columbus Park Improvements

 

1,200,000

Hackensack City

 

Bergen

Columbus & Carver Park Improvements

 

1,200,000

Burlington County

 

Burlington

 

Willingboro Lakes Improvements Ph II

 

1,000,000

 

Pemberton Twp

 

Burlington

 

Pemberton Sports Filed Lighting

 

1,200,000

 

Vineland City

 

Cumberland

Romano Complex Improvements

 

1,200,000

 

Essex County

Essex

Multi-Park Improvements 2021

 

1,519,525

 

Belleville Twp

 

Essex

Fairway Park Improvements

 

601,954

Bloomfield Twp

Essex

Clarks Pond South & Vassar Field Improvements

 

503,160

East Orange City

Essex

Oval Parks Improvements

 

1,200,000

 

Newark City

 

Essex

Broadway Park

 

1,200,000

 

Orange City Twp

Essex

Military Park Improvements

 

1,200,000

 

Glassboro Boro

Gloucester

S. Delsea Dr. Sports Complex Turf Project

 

1,000,000

Bayonne City

Hudson

DiDomenico Park & Pool

 

1,200,000

 

Hoboken City

 

Hudson

Cove Park Waterfront Improvements

 

576,300

Hoboken City

Hudson

Southwest Park Development

1,200,000

 

Jersey City

 

Hudson

Leonard Gordon Park

 

1,200,000

 

Kearny Town

Hudson

Harvey Field Improvement

 

1,200,000

Kearny Town

Hudson

Passaic River Shoreline & Dock

 

1,200,000

Weehawkin Twp

Hudson

Waterfront Multi-Use Pavilion II

 

1,200,000

West New York Town

 

Hudson

Washington Park Improvement

 

537,964

 

Trenton City

Mercer

Amtico Square Skatepark Complex

 

1,200,000

 

Carteret Boro

 

Middlesex

Arthur Kill River Walk North

 

1,200,000

 

Old Bridge Twp

 

Middlesex

 

Cottrell Farm Park Development

 

1,200,000

 

Perth Amboy City

Middlesex

Veteran Memorial Park Improvements

 

1,200,000

 

Brick Twp

Ocean

Mallard Point Park Redevelopment

 

712,500

 

Brick Twp

Ocean

Multi-Park Improvements 2

 

1,102,536

 

Passaic County

Passaic

Dundee Island Park Phase II

1,800,000

 

Passaic City

Passaic

Multi-Park Improvements 2021

 

1,200,000

 

Paterson City

 

Passaic

Vista Park Development Project

 

221,558

 

Hillside Twp

 

Union

Athletic Courts Resurfacing Project

 

304,550

 

Plainfield City

 

Union

Rushmore Ave. Rec. Complex – Phase II

 

1,200,000

 

Roselle Boro

Union

Home Terrace Park Improvement

 

1,200,000

 

TOTAL

 

 

$35,297,330

 

     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

Egg Harbor Twp

 

Atlantic

 

Tony Canale Park Expansion

 

$900,000

 

Bergen County

 

Bergen

Riverside County Park South

 

1,500,000

 

Fairview Boro

 

Bergen

Bergen Boulevard Park

 

90,000

 

North Arlington Boro

 

Bergen

Fisher Field Improvements

 

117,683

 

Wallington Boro

 

Bergen

Hathaway Park Improvements

 

219,384

 

Ewing Twp

 

Mercer

 

ESCC Pool Area Improvements

 

524,390

 

Freehold Boro

 

Monmouth

 

Liberty Park Improvements

 

127,243

 

Highlands Boro

Monmouth

 

Snug Harbor Skate Park

599,013

Middletown Twp

Monmouth

Multi-Park Improvements

737,750

 

Seaside Heights Boro

 

Ocean

 

North Bayfront Boat Ramp

 

286,500

 

Bound Brook Boro

 

Somerset

Billian Legion Park Development

 

70,325

 

TOTAL

 

 

$5,172,288

 

 

     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

Hamilton Twp

Atlantic

Leipe Recreation Complex Expansion

 

$600,000

Hazlet Twp

Monmouth

North Hazlet Community Park

 

600,000

Carneys Point Twp

 

Salem

 

Recreation Complex Improvements

 

600,000

 

TOTAL

 

 

$1,800,000

 

     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

Evesham Twp

Burlington

Black Run Preserve Stewardship

 

$50,000

 

Cumberland County

 

Cumberland

 

Trail Development on Mid-County Park

 

486,060

 

Belleville Twp

 

Essex

 

Fairway Park River Bank Walkway

 

267,012

 

Washington Twp

 

Gloucester

Washington Lake Park – Phase II

 

315,000

 

Westville Boro

 

Gloucester

 

Thomas West Park Pond Improvements

 

65,540

 

Mercer County

Mercer

Watson’s Creek Living Shoreline

 

150,000

 

Middletown Twp

 

Monmouth

Poricy Park Watershed Improvements

 

143,500

 

Millstone Twp

 

Monmouth

Barnegat Bay Preserve

 

108,330

 

Passaic County

Passaic

Lambert Castle Landscape Restoration

 

500,000

 

Bound Brook Boro

 

 

Somerset

North Park Project

 

300,000

 

TOTAL

 

 

$2,385,442

 

GRAND TOTAL

 

 

$44,655,060

 

     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, 2022, 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 $80,539,578 from constitutionally dedicated corporation business tax (CBT) revenues 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, $76,802,956 is from constitutionally dedicated CBT revenues, and $3,736,622 is made available due to loan repayments and interest earnings.  The funds made available due to loan repayments and interest earnings 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. 

     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 $80,539,578.  Of this amount, $35,884,518 is for projects to acquire lands for recreation and conservation purposes, and $44,655,060 is for projects to develop lands for recreation and conservation purposes.

     Of the sum for projects to acquire lands for recreation and conservation purposes:  $29,349,000 is allocated for planning incentive open space acquisition projects (i.e., projects located in municipalities and counties that have an open space tax and an approved open space plan); $2,179,000 is allocated for projects in “urban aid” municipalities; $3,191,518 is allocated for standard open space acquisition projects (i.e., projects located in municipalities that do not have an open space tax); and $1,165,000 is allocated for site-specific incentive acquisition projects (i.e., projects located in municipalities that have an open space tax, but do not have an open space plan). 

     Of the sum for projects to develop lands for recreation and conservation purposes:  $35,297,330 is allocated for local park development projects in urban aid municipalities or sponsored by densely populated counties; $5,172,288 is allocated for local park development projects in densely or highly populated municipalities or sponsored by highly populated counties; $1.8 million is allocated for standard local park development projects (i.e., projects located in municipalities that do not meet the criteria of the prior two categories); and $2,385,442 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 the 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.