ASSEMBLY, No. 2640
STATE OF NEW JERSEY
INTRODUCED JANUARY 9, 1997
By Assemblyman LANCE and Assemblywoman MYERS
An Act concerning Green Acres projects in depressed rural centers, amending P.L.1961, c.45, P.L.1971, c.419, and P.L.1975, c.155, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding any law, rule, or regulation to the contrary, in making decisions concerning the awarding of grants or loans to municipalities to meet the cost of acquisition or development of lands for recreation and conservation purposes using the proceeds of Green Acres bonds issued by the State, the Commissioner of Environmental Protection shall give special consideration to project funding applications submitted by municipalities that qualify for State aid pursuant to the "Depressed Rural Centers Aid Act," P.L.1977, c.260 (C.52:27D-162 et seq.).
b. For the purposes of this section, "Green Acres bonds" means bonds issued by the State for the purpose of providing grants or loans to assist local government units to acquire or develop lands for recreation and conservation purposes pursuant to the following bond acts: P.L.1961, c.46; P.L.1971, c.165; P.L.1974, c.102; P.L.1978, c.118; P.L.1983, c.354; P.L.1987, c.265; P.L.1989, c.183; P.L.1992, c.88; or P.L.1995, c.204, or any subsequent bond act enacted for similar purposes.
2. Section 5 of P.L.1961, c.45 (C.13:8A-5) is amended to read as follows:
5. In acquiring lands and making grants to assist local units to acquire lands the commissioner shall:
(a) seek to achieve a reasonable balance among all areas of the State in consideration of the relative adequacy of area recreation and conservation facilities at the time and the relative anticipated future needs for additional recreation and conservation facilities;
(b) insofar as practicable, limit acquisition to predominantly open and natural land to minimize the cost of acquisition and the subsequent expense necessary to render land suitable for recreation and conservation purposes;
(c) wherever possible, select land for acquisition which is suitable for multiple recreation and conservation purposes;
(d) give due consideration to co-ordination with the plans of other departments of State Government with respect to land use or acquisition. For this purpose, the commissioner is authorized to use the facilities of any interdepartmental committee or other agency suitable to assist in such co-ordination ;
(e) give special consideration to project funding applications submitted by municipalities that qualify for State aid pursuant to the "Depressed Rural Centers Aid Act," P.L.1977, c.260 (C.52:27D-162 et seq.) .
(cf: P.L.1961, c.45, s. 5)
3. Section 5 of P.L.1971, c.419 (C.13:8A-23) is amended to read as follows:
5. In acquiring lands and making grants to assist local units to acquire lands the commissioner shall:
a. Seek to achieve a reasonable balance among all areas of the State in consideration of the relative adequacy of area recreation and conservation facilities at the time and the relative anticipated future needs for additional recreation and conservation facilities;
b. Insofar as practicable, limit acquisition to predominantly open and natural land and to minimize the cost of acquisition and the subsequent expense necessary to render land suitable for recreation and conservation purposes;
c. Wherever possible, select land for acquisition which is suitable for multiple recreation and conservation purposes;
d. Give due consideration to coordination with the plans of other departments of State Government with respect to land use or acquisition;
e. Acquisition of lands actively devoted to agriculture shall be avoided whenever possible and in lieu thereof, whenever feasible, development rights, conservation easements and other interests less than a fee simple shall be acquired ;
f. Give special consideration to project funding applications submitted by municipalities that qualify for State aid pursuant to the "Depressed Rural Centers Aid Act," P.L.1977, c.260 (C.52:27D-162 et seq.) .
(cf: P.L.1971, c.419, s.5)
4. Section 5 of P.L.1975, c.155 (C.13:8A-39) is amended to read as follows:
5. In acquiring and developing lands and making grants to assist local units to acquire and develop lands the commissioner shall:
a. Seek to achieve a reasonable balance among all areas of the State in consideration of the relative adequacy of area recreation and conservation facilities at the time and the relative anticipated future needs for additional recreation and conservation facilities;
b. Insofar as practicable, limit acquisition to predominantly open and natural land and minimize the cost of acquisition and the subsequent expense necessary to develop such land for recreation and conservation purposes;
c. Wherever possible, select land for acquisition which is suitable for multiple recreation and conservation purposes;
d. Give due consideration to coordination with the plans of other departments of State Government with respect to land use or acquisition;
e. Avoid acquisition of lands actively devoted to agriculture whenever possible and in lieu thereof, whenever feasible, development rights, conservation easements and other interests less than a fee simple shall be acquired;
f. Give special consideration to project funding applications submitted by municipalities that qualify for State aid pursuant to the "Depressed Rural Centers Aid Act," P.L.1977, c.260 (C.52:27D-162 et seq.).
(cf: P.L.1975, c.155, s.5)
5. This act shall take effect immediately.
STATEMENT
This bill would require the Commissioner of Environmental Protection, in making decisions concerning the awarding of grants or loans to municipalities to meet the cost of acquisition or development of lands for recreation and conservation purposes using the proceeds of Green Acres bonds issued by the State, to give special consideration to project funding applications submitted by municipalities that qualify for State aid pursuant to the "Depressed Rural Centers Aid Act," P.L.1977, c.260 (C.52:27D-162 et seq.).
This bill is necessary because depressed rural municipalities often do not have sufficient financial resources to acquire and develop municipal parks and open space. In addition, because of the often limited size and scope of their park and open space projects, these municipalities often are unable to compete effectively for Green Acres funding when it becomes available. This bill would help rectify that imbalance by directing the Commissioner of Environmental Protection to give special consideration to the park and open space projects of depressed rural municipalities when the commissioner is ranking projects for Green Acres funding. Currently, there are about 20 municipalities that qualify for State aid under the "Depressed Rural Centers Aid Act."
Requires that depressed rural municipalities receive special consideration for Green Acres program funding.