SENATE, No. 1320

STATE OF NEW JERSEY

INTRODUCED JUNE 13, 1996

By Senator SCHLUTER

An Act appropriating $72,313,000 from the "Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995," P.L.1995, c.204, reappropriating $5,250,000 from the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, reappropriating $4,000,000 from the "Open Space Preservation Bond Act of 1989," P.L.1989, c.183, and reappropriating $4,000,000 from the "New Jersey Green Acres Bond Act of 1983," P.L.1983, c.354, and authorizing the use of unexpended balances, interest earnings, and loan repayments from certain Green Acres bond acts, to assist local government units to acquire and develop lands for recreation and conservation purposes; approving projects of certain local government units in southern New Jersey as eligible for funding with moneys made available from certain Green Acres bond acts; and approving development projects of certain local government units for recreation and conservation purposes in keeping with the requirements, standards, and policies of State and federal law concerning handicapped or disabled persons as eligible for funding with moneys made available from certain Green Acres bond acts.

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

    1.    There is appropriated to the Department of Environmental Protection from the "1995 New Jersey Green Trust Fund" established pursuant to section 23 of the "Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995," P.L.1995, c.204, the sum of $72,313,000, and there is reappropriated to the department from the "1992 New Jersey Green Trust Fund" established pursuant to section 22 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, the sum of $5,250,000, from the "1989 New Jersey Green Trust Fund" established pursuant to section 19 of the "Open Space Preservation Bond Act of 1989," P.L.1989, c.183, the sum of $4,000,000, and from the "Green Trust Fund" established pursuant to section 16 of the "New Jersey Green Acres Bond Act of 1983," P.L.1983, c.354, the sum of $4,000,000, to provide loans or grants, or both, to assist local government units to acquire and develop lands for recreation and conservation purposes, which sums shall include administrative costs, for projects approved as eligible for such funding pursuant to section 5 of this act, section 6 of this act, section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1319 of 1996 or Assembly Bill No. 42 of 1996), section 1 of P.L. , c. (now before the Legislature as Senate Bill No. 1325 of 1996 or Assembly Bill No. 43 of 1996), and section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1316 of 1996 or Assembly Bill No. 44 of 1996).

    2.    a. There is reappropriated to the Department of Environmental Protection the unexpended balances of the amounts appropriated or reappropriated pursuant to P.L.1984, c.224, P.L.1985, c.479, P.L.1986, c.208, P.L.1988, c.23, P.L.1989, c.194, P.L.1991, c.13, P.L.1991, c.14, P.L.1991, c.15, P.L.1991, c.16, P.L.1991, c.522, P.L.1993, c.200, P.L.1993, c.201, P.L.1993, c.266, P.L.1993, c.267, P.L.1994, c.37, P.L.1994, c.45, P.L.1994, c.51, P.L.1994, c.52, P.L.1995, c.199, P.L.1995, c.200, P.L.1995, c.201, P.L.1995, c.202, and P.L.1995, c.203 from the "State Recreation and Conservation Land Acquisition and Development Fund" established pursuant to the "New Jersey Green Acres and Recreation Opportunities Bond Act of 1974," P.L.1974, c.102, from the "State Land Acquisition and Development Fund" established pursuant to the "New Jersey Green Acres Bond Act of 1978," P.L.1978, c.118, from the "Green Trust Fund" established pursuant to the "New Jersey Green Acres Bond Act of 1983," P.L.1983, c.354, from the "Green Trust Fund" established pursuant to the "New Jersey Green Acres, Cultural Centers and Historic Preservation Bond Act of 1987," P.L.1987, c.265, from the "1989 New Jersey Green Trust Fund" established pursuant to the "Open Space Preservation Bond Act of 1989," P.L.1989, c.183, and from the "1992 New Jersey Green Trust Fund" established pursuant to the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, for the purpose of making loans or grants, or both, to local government units for the projects listed in P.L.1984, c.224, P.L.1985, c.479, P.L.1986, c.208, P.L.1988, c.23, P.L.1989, c.194, P.L.1991, c.13, P.L.1991, c.14, P.L.1991, c.15, P.L.1991, c.16, P.L.1991, c.522, P.L.1993, c.200, P.L.1993, c.201, P.L.1993, c.266, P.L.1993, c.267, P.L.1994, c.37, P.L.1994, c.45, P.L.1994, c.51, P.L.1994, c.52, P.L.1995, c.199, P.L.1995, c.200, P.L.1995, c.201, P.L.1995, c.202, P.L.1995, c.203, section 5 of this act, section 6 of this act, section 1 of P.L. , c. (now before the Legislature as Senate Bill No. 1319 of 1996 or Assembly Bill No. 42 of 1996), section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1325 of 1996 or Assembly Bill No. 43 of 1996), and section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1316 of 1996 or Assembly Bill No. 44 of 1996), and for the purpose of administrative costs associated with any such projects, to the extent such funds are available as a result of project withdrawals or cost savings.

    b.    There is appropriated to the Department of Environmental Protection such sums as may be or become available on or before June 30, 1997, due to interest earnings or loan repayments, in (1) the "Green Trust Fund" established pursuant to the "New Jersey Green Acres Bond Act of 1983," P.L.1983, c.354, (2) the "Green Trust Fund" established pursuant to the "New Jersey Green Acres, Cultural Centers and Historic Preservation Bond Act of 1987," P.L.1987, c.265, (3) the "1989 New Jersey Green Trust Fund" established pursuant to the "Open Space Preservation Bond Act of 1989," P.L.1989, c.183, (4) the "1992 New Jersey Green Trust Fund" established pursuant to the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, and (5) the "1995 New Jersey Green Trust Fund" established pursuant to the "Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995," P.L.1995, c.204, for the purpose of making loans or grants, or both, to local government units for the projects listed in P.L.1984, c.224, P.L.1985, c.479, P.L.1986, c.208, P.L.1988, c.23, P.L.1989, c.194, P.L.1991, c.13, P.L.1991, c.14, P.L.1991, c.15, P.L.1991, c.16, P.L.1991, c.522, P.L.1993, c.200, P.L.1993, c.201, P.L.1993, c.266, P.L.1993, c.267, P.L.1994, c.37, P.L.1994, c.45, P.L.1994, c.51, P.L.1994, c.52, P.L.1995, c.199, P.L.1995, c.200, P.L.1995, c.201, P.L.1995, c.202, P.L.1995, c.203, section 5 of this act, section 6 of this act, section 1 of P.L. , c. (now before the Legislature as Senate Bill No. 1319 of 1996 or Assembly Bill No. 42 of 1996), section 1 of P.L. , c. (now before the Legislature as Senate Bill No. 1325 of 1996 or Assembly Bill No. 43 of 1996), and section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1316 of 1996 or Assembly Bill No. 44 of 1996), and for the purpose of administrative costs associated with any such projects.

    3.    Pursuant to the provisions of subsection c. of section 7 of the "Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995," P.L.1995, c.204, subsection c. of section 7 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, subsection c. of section 9 of the "Open Space Preservation Bond Act of 1989," P.L.1989, c.183, subsection c. of section 9 of the "New Jersey Green Acres, Cultural Centers and Historic Preservation Bond Act of 1987," P.L.1987, c.265, and subsection d. of section 4 of the "New Jersey Green Acres Bond Act of 1983," P.L.1983, c.354, as appropriate, all loans made to local government units with moneys appropriated or reappropriated pursuant to this act shall bear interest of not more than 2% per year and shall be for a term of not more than 20 years. All principal and interest payments repaid by the local government units shall be deposited into the respective "Green Trust Fund" from which the moneys were appropriated or reappropriated in accordance with the terms of a written loan agreement. The terms of the loan agreement shall be completed and executed on a form approved by the State Treasurer or his designee.

    4.    The expenditure of the sums appropriated or reappropriated by this act is subject to the provisions and conditions of P.L.1995, c.204, P.L.1992, c.88, P.L.1989, c.183, P.L.1987, c.265, P.L.1983, c.354, P.L.1978, c.118, and P.L.1974, c.102, as appropriate.

    5.    a. The following projects are eligible for funding with the moneys appropriated or reappropriated pursuant to sections 1 and 2 of this act:

    b.    Any transfer of any funds or project sponsor, or change in project site, listed in subsection a. of this section shall require the approval of the Joint Budget Oversight Committee or its successor.

    c.    To the extent that moneys remain available after the projects listed in subsection a. of this section are offered funding pursuant thereto, the local government unit projects listed in P.L.1984, c.224, P.L.1985, c.479, P.L.1986, c.208, P.L.1988, c.23, P.L.1989, c.194, P.L.1991, c.13, P.L.1991, c.14, P.L.1991, c.15, P.L.1991, c.16, P.L.1991, c.522, P.L.1993, c.200, P.L.1993, c.201, P.L.1993, c.266, P.L.1993, c.267, P.L.1994, c.37, P.L.1994, c.45, P.L.1994, c.51, P.L.1994, c.52, P.L.1995, c.199, P.L.1995, c.200, P.L.1995, c.201, P.L.1995, c.202, P.L.1995, c.203, section 6 of this act, section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1319 of 1996 or Assembly Bill No. 42 of 1996), section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1325 of 1996 or Assembly Bill No. 43 of 1996), and section 1 of P.L. , c. (now before the Legislature as Senate Bill No. 1316 of 1996 or Assembly Bill No. 44 of 1996), shall be eligible for funding or additional funding, including administrative costs, in a sequence consistent with the priority system established by the Department of Environmental Protection, and shall require the approval of the Joint Budget Oversight Committee or its successor.

    6.    a. The following handicapped access development projects, which shall be in keeping with the requirements, standards, and policies of State and federal law concerning handicapped or disabled persons, including, but not limited to, the provisions of the "Americans with Disabilities Act of 1990," 42 U.S.C. §12101 et al., are eligible for funding with monies appropriated or reappropriated pursuant to sections 1 and 2 of this act:

    b.    Any transfer of any funds or project sponsor, or change in project site, listed in subsection a. of this section shall require the approval of the Joint Budget Oversight Committee or its successor.

    c.    To the extent that moneys remain available after the projects listed in subsection a. of this section are offered funding pursuant thereto, the local government unit projects listed in P.L.1984, c.224, P.L.1985, c.479, P.L.1986, c.208, P.L.1988, c.23, P.L.1989, c.194, P.L.1991, c.13, P.L.1991, c.14, P.L.1991, c.15, P.L.1991, c.16, P.L.1991, c.522, P.L.1993, c.200, P.L.1993, c.201, P.L.1993, c.266, P.L.1993, c.267, P.L.1994, c.37, P.L.1994, c.45, P.L.1994, c.51, P.L.1994, c.52, P.L.1995, c.199, P.L.1995, c.200, P.L.1995, c.201, P.L.1995, c.202, P.L.1995, c.203, section 5 of this act, section 1 of P.L. , c. (now before the Legislature as Senate Bill No. 1319 of 1996 or Assembly Bill No. 42 of 1996), section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1325 of 1996 or Assembly Bill No. 43 of 1996), and section 1 of P.L. , c. (now before the Legislature as Senate Bill No.1316 of 1996 or Assembly Bill No. 44 of 1996), shall be eligible for funding or additional funding, including administrative costs, in a sequence consistent with the priority system established by the Department of Environmental Protection, and shall require the approval of the Joint Budget Oversight Committee or its successor.

    7.    This act shall take effect immediately.

STATEMENT

    This bill would appropriate $85,563,000 from various Green Acres bond acts to the Department of Environmental Protection to provide low-interest loans or grants, or both, to assist local government units in the State to acquire and develop lands for recreation and conservation purposes. The sum appropriated would include administrative costs. The projects for which the appropriation is being made are listed in this bill and three other bills that are part of a legislative package.

    This bill would further authorize the Department of Environmental Protection to use unexpended balances of amounts previously appropriated for local government unit projects pursuant to the 1983, 1987, 1989, and 1992 Green Acres bond acts for the purpose of making low-interest loans or grants, or both, to local government units for projects listed in this bill and in the three other "local government" bills of this legislative package, as well as for local government unit projects previously approved for funding pursuant to various acts implementing the 1983, 1987, 1989, and 1992 Green Acres bond acts, to the extent such funds are available as a result of project withdrawals or cost savings. Under the bill, the department may also use interest earnings and loan repayments from the 1983, 1987, 1989, 1992, and 1995 Green Acres bond acts that become available on or before June 30, 1997 for that purpose.

    This bill would also specifically approve the funding of eligible projects of certain local government units located in southern New Jersey. The total sum of the approved amounts for the southern New Jersey projects is $16,964,000, which includes administrative costs. To the extent that there are funds remaining after those local government unit projects in southern New Jersey listed in this bill are offered funding, the bill also authorizes the department, with the approval of the Joint Budget Oversight Committee, to use those funds for local government unit projects listed in the three other "local government" bills of this legislative package as well as for local government unit projects previously approved for funding pursuant to various acts implementing the 1983, 1987, 1989, and 1992 Green Acres bond acts.

    Finally, the bill would specifically approve $3.25 million in funding for eligible Green Acres handicapped access development projects of certain local government units, which projects must be in keeping with the requirements, standards, and policies of State and federal law concerning handicapped or disabled persons, including, but not limited to, the provisions of the "Americans with Disabilities Act of 1990," 42 U.S.C. §12101 et al.

Appropriates $85.563 million from Green Acres bond acts for local government unit projects; approves funding of Green Acres projects of certain local government units in southern NJ; and approves funding of certain Green Acres handicapped access projects.