SENATE, No. 2238
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 17, 1997
By Senator BAER
An Act concerning the Green Acres and coastal Blue Acres programs and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In addition to any applicable requirements set forth in the Green Acres bond acts and in P.L.1961, c.45 (C.13:8A-1 et seq.), P.L.1971, c.419 (C.13:8A-19 et seq.), and P.L.1975, c.155 (C.13:8A-35 et seq.), and in addition to any other criteria the Commissioner of Environmental Protection may deem appropriate, when establishing criteria for ranking State, local, or qualifying tax exempt nonprofit organization projects for eligibility to receive funding from Green Acres bond acts to acquire and develop lands for recreation and conservation purposes, the commissioner shall:
(1) 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;
(2) Insofar as practicable, limit acquisition to predominantly open and natural land and minimize the cost of acquisition and the subsequent expense necessary to develop that land for recreation and conservation purposes;
(3) Wherever possible, select land for acquisition that is suitable for multiple recreation and conservation purposes;
(4) Give due consideration to coordination with the plans of other departments of State Government with respect to land use or acquisition;
(5) 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;
(6) Seek to achieve the goals and objectives, and meet the requirements and guidelines, of the New Jersey Statewide Comprehensive Outdoor Recreation Plan developed by the Department of Environmental Protection;
(7) Promote the goals and objectives of, and seek conformity with, the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.);
(8) Take into consideration 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.;
(9) Give special consideration to increasing public access to waterfront areas and to protecting stream corridors, water supplies, and water recharge areas;
(10) Give special consideration to applications submitted by local government units that have previously acquired or developed lands for recreation and conservation purposes without any financial assistance from the State;
(11) Promote the enhancement, preservation, or restoration of unique natural areas or land types;
(12) Promote public access to acquired lands, unless public accessibility would be detrimental to the lands or any natural resources associated therewith;
(13) Promote regional and joint efforts to acquire lands for recreation and conservation purposes; and
(14) Take into consideration the degree of demonstrated public support for a project.
b. Any evaluation criteria or point system utilized by the department for ranking projects for eligibility to receive funding from Green Acres bond acts, or any changes made to that system, shall be adopted, after conducting at least one public hearing thereon, by rule or regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
c. The commissioner shall establish a minimum ranking level below which a project shall not be deemed a quality project worthy of funding even though the project otherwise meets the basic criteria for funding set forth in the Green Acres bond acts.
d. No acquisition project may be funded unless at least two appraisals of the parcel's value have been conducted by independent appraisers approved by the commissioner. The commissioner shall certify the fair market value at which the State shall fund the project based upon those appraisals and any other information, reports, or evaluations the commissioner deems appropriate. No project may be funded for an amount exceeding the highest value established by those appraisals. The commissioner may require the applicant to provide the appraisals at any point in the application process, including prior to when the commissioner conducts the project ranking process. A successful applicant may utilize an appropriate portion of the funding received for the project to pay the full cost of conducting the required appraisals.
e. For the purposes of this section, "Green Acres bond acts" means 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.1989, c.183, P.L.1992, c.88, P.L.1995, c.204, or any bond act subsequently enacted for similar purposes.
2. a. In addition to any applicable requirements set forth in the Blue Acres bond acts and in P.L.1961, c.45 (C.13:8A-1 et seq.), P.L.1971, c.419 (C.13:8A-19 et seq.), and P.L.1975, c.155 (C.13:8A-35 et seq.), and in addition to any other criteria the Commissioner of Environmental Protection may deem appropriate, when establishing criteria for ranking coastal Blue Acres projects for eligibility to receive funding from Blue Acres bond acts to acquire lands for recreation and conservation purposes in the coastal area, the commissioner shall:
(1) Wherever possible, select land for acquisition that is suitable for multiple recreation and conservation purposes;
(2) Give due consideration to coordination with the plans of other departments of State Government with respect to land use or acquisition;
(3) Seek to achieve the goals and objectives, and meet the requirements and guidelines, of the New Jersey Statewide Comprehensive Outdoor Recreation Plan developed by the Department of Environmental Protection;
(4) Promote the goals and objectives of, and seek conformity with, the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.);
(5) Take into consideration 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.;
(6) Take into consideration the extent and feasibility of public access and parking, the extent of damage caused by a storm or storm-related flooding, proximity to other lands already protected or likely to be protected in the future for recreation and conservation purposes, proximity to other lands already acquired or under consideration for acquisition pursuant to the coastal Blue Acres bond program, ease of maintenance of the property, and the extent to which acquisition of the lands will likely help avoid future public costs resulting from storms and storm-related flooding; and
(7) Take into consideration the degree of demonstrated public support for a project.
b. Any evaluation criteria or point system utilized by the department for ranking coastal Blue Acres projects for eligibility to receive funding from Blue Acres bond acts, or any changes made to that system, shall be adopted, after conducting at least one public hearing thereon, by rule or regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
c. The commissioner shall establish a minimum ranking level below which a coastal Blue Acres project shall not be deemed a quality project worthy of funding even though the project otherwise meets the basic criteria for funding set forth in the Blue Acres bond acts.
d. No coastal Blue Acres project may be funded unless at least two appraisals of the parcel's value have been conducted by independent appraisers approved by the commissioner. The commissioner shall certify the fair market value at which the State shall fund the project based upon those appraisals and any other information, reports, or evaluations the commissioner deems appropriate. No project may be funded for an amount exceeding the highest value established by those appraisals. The commissioner may require the applicant to provide the appraisals at any point in the application process, including prior to when the commissioner conducts the project ranking process. A successful applicant may utilize an appropriate portion of the funding received for the project to pay the full cost of conducting the required appraisals.
e. For the purposes of this section: "Blue Acres bond acts" means P.L.1995, c.204, or any bond act subsequently enacted for similar purposes; "coastal area" means the area defined and delineated pursuant to section 4 of P.L.1973, c.185 (C.13:19-4); and "coastal Blue Acres project" means any project to acquire, for recreation and conservation purposes, lands in the coastal area that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and which is funded with monies made available pursuant to a Blue Acres bond act.
3. This act shall take effect immediately.
STATEMENT
This bill would provide a general framework for the evaluation and ranking of projects funded by the Green Acres and coastal Blue Acres bond programs. The bill would consolidate, and in some cases, codify, a number of project evaluation and ranking guidelines found in current statutory law, in the various Green Acres and Blue Acres bond acts, and in current implementing regulations. It would also add a criterion recognizing the importance of the State Development and Redevelopment Plan. The Commissioner of Environmental Protection would retain authority to develop and implement other additional criteria that the commissioner deems appropriate.
The bill also would require that any evaluation criteria or point system utilized by the Department of Environmental Protection for ranking projects for funding eligibility under the two programs be adopted as a regulation, after public hearing. In addition, the bill requires the commissioner to establish a minimum ranking level below which a project would not be deemed a quality project worthy of funding even though it otherwise meets the basic criteria for funding set forth in the bond acts. Finally, the bill establishes, expands upon, and, in some cases, codifies certain procedures relating to the appraisal process utilized to evaluate the fair market value of land to be acquired under the two programs. Following these procedures will help safeguard the public interest in acquiring only lands truly worthy of purchase and at the lowest possible price.
This bill will help ensure the continued integrity of the funding process for the very popular Green Acres program and the new and experimental coastal Blue Acres program. The current law and regulations pertaining to these programs are a hodgepodge, the inevitable result of enacting eight different bond acts and three implementing laws for the programs since 1961. Some aspects of the funding process are obscure or confusing and, thus, should be the subject of renewed public discussion, clarification, and codification. This bill would accomplish that objective, thereby helping to promote the continued success of these programs.
Establishes certain project ranking procedures and criteria for Green Acres and coastal Blue Acres programs.