ASSEMBLY, No. 2637

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 9, 1997

 

 

By Assemblyman O'TOOLE

 

 

An Act concerning the appropriation of moneys from the "Water Conservation Bond Act," P.L.1969, c.127, for the cost of acquisition of lands in Sterling Forest for the purpose of augmenting, increasing, improving, preserving, protecting, or conserving natural water resources and supplies important to New Jersey and facilitating recreational uses incidental thereto, and amending P.L.1995, c.7.

 

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

 

    1. Section 1 of P.L.1995, c.7 is amended to read as follows:

    1. a. There is appropriated to the Department of Environmental Protection from the "Water Conservation Fund" established pursuant to section 13 of the "Water Conservation Bond Act," P.L.1969, c.127, for distribution to the Palisades Interstate Park Commission, the sum [up to] of $10,000,000 for the acquisition of lands or interests therein by the Palisades Interstate Park Commission in Sterling Forest, New York, for the purpose of augmenting, increasing, improving, preserving, protecting, or conserving natural water resources and supplies important to New Jersey and facilitating recreational uses incidental thereto. Upon the enactment of the federal "Omnibus Parks and Public Lands Management Act of 1996," Pub. L. 104-333, and within 60 days of the effective date of P.L. , c. (now pending before the Legislature as this bill), the Department of Environmental Protection shall distribute to the Palisades Interstate Park Commission the sum of $10,000,000 appropriated pursuant to this subsection as New Jersey's share of the purchase. The Palisades Interstate Park Commission shall hold these funds in an interest bearing account until such time as a purchase agreement has been consummated and the funds are required. Any interest that accrues on the funds in the account shall be periodically transferred to the State Treasurer who shall immediately deposit the interest earnings to the credit of the General Fund. If no purchase agreement is entered into within three years of the effective date of P.L. , c (now pending before the Legislature as this bill), $10,000,000 shall be returned to the Department of Environmental Protection for the purposes expressed in the "Water Conservation Bond Act," P.L.1969, c.127. Any remaining undistributed interest earnings in the account shall be transferred to the State Treasurer who shall immediately deposit the interest earnings to the credit of the General Fund. The Department of Environmental Protection shall be satisfied that any moneys expended pursuant to this section are consistent with the fair market value of the lands or interests therein purchased.

    b. To the extent that the balance of the moneys available in the "Water Conservation Fund" that have not been previously appropriated pursuant to law is insufficient to support the sum appropriated pursuant to subsection a. of this section, the following shall be made available from the "Water Conservation Fund" to support the remainder of the appropriation made in subsection a. as required: (1) moneys returned to the "Water Conservation Fund" due to project withdrawals, cancellations, or cost savings involving projects previously funded by law; and (2) moneys previously appropriated by law from the "Water Conservation Fund" to fund projects but for which no such moneys have been expended, other than for administrative or program purposes, in the five-year period immediately prior to the effective date of this act, or to fund projects deemed by the Department of Environmental Protection as of the effective date of this act to be no longer active, the previous appropriation of which is cancelled subject to the approval of the Joint Budget Oversight Committee or its successor.

(cf: P.L.1995, c.7, s.1)

 

    2. Section 4 of P.L.1995, c.7 is amended to read as follows:

    4. This act shall take effect immediately, except that section 1 of this act shall take effect upon [enactment of substantially similar legislation by] the State of New York [appropriating] committing the sum of at least $10,000,000 [and by the federal government appropriating a sum of at least $17,500,000] for the acquisition of lands in Sterling Forest, New York, for the purpose of augmenting, increasing, improving, preserving, protecting, and conserving natural water resources and supplies, or for recreation and conservation or similar purposes. [In no event shall New Jersey's contribution to the purchase of Sterling Forest when added to New York's contribution, exceed the amount of the federal appropriation. The obligation of funds pursuant to section 1 of this act shall expire if no agreement to purchase lands in Sterling Forest has been executed within three years of the date of enactment of this act.]

(cf: P.L.1995, c.7, s.4)


    3. This act shall take effect immediately.

 

STATEMENT

 

     The bil changes the effective date of section 1 of P.L.1995, c.7, by providing that it shall take effect when the State of New York has committed at least $10 million to the acquisition of lands in Sterling Forest.

     The bill further clarifies that upon the enactment of the federal "Omnibus Parks and Public Lands Management Act of 1996," Pub. L. 104-333 (the federal law authorizing the appropriation of not more than $17.5 million for the acquisition of lands within Sterling Forest, New York), and within 60 days following the effective date of this bill, the Department of Environmental Protection will distribute to the Palisades Interstate Park Commission $10 million constituting New Jersey's share of the purchase money for lands in Sterling Forest, to be held in an interest bearing account until a purchase agreement is consummated. Any interest that accrues on the funds held in the interest bearing account shall be periodically transferred to the State Treasurer and credited to the General Fund.

     If no agreement is entered into within three years of the enactment of this bill, the bill directs that $10 million be returned to the Department of Environmental Protection for the purposes expressed in the "Water Conservation Bond Act," P.L.1969, c.127, and any remaining undistributed interest in the account be transferred to the State Treasurer for immediate deposit in the General Fund.

 

 

                             

 

Makes P.L.1995, c.7 effective immediately; requires Palisades Interstate Park Commission to hold funds in interest bearing account until purchase agreement for Sterling Forest lands is consummated; requires return of funds to DEP if no agreement is consummated within three years.