Bill Text: NJ A1220 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits State Agriculture Development Committee from imposing new or revised agricultural rules, regulations, or standards on previously preserved farmland or owners thereof, without owner consent.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee [A1220 Detail]
Download: New_Jersey-2024-A1220-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Prohibits State Agriculture Development Committee from imposing new or revised agricultural rules, regulations, or standards on previously preserved farmland or owners thereof, without owner consent.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the adoption of certain agricultural rules, regulations, or standards applicable to preserved farmland or the owners thereof, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Committee" means the State Agriculture Development Committee, established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4).
"Notice of rules change" means the written notice that the committee is required to publish in each county or otherwise provide to each owner of previously preserved farmland, pursuant to subsection c. of this section, before applying, to the previously preserved farmland or the owner thereof, a new or revised rule, regulation, or standard applicable to preserved farmland, the owners thereof, or the agreements or development easements pursuant to which such land is preserved.
"Preserved farmland" means land on which a development easement was conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, a county, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes.
"Previously preserved farmland" means a parcel of preserved farmland for which a development easement was conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, a county, a municipality, or a qualifying tax exempt nonprofit organization prior to the committee's adoption of new or revised rules, regulations, or standards applicable to the preserved farmland, the owner thereof, or the agreement or development easement pursuant to which the farmland was preserved.
b. Notwithstanding any other law, rule, or regulation to the contrary, whenever the committee adopts a new or revised rule, regulation, or standard applicable to preserved farmland, the owners thereof, the execution or content of farmland preservation agreements, or the nature or scope of farmland preservation development easements, the committee shall exempt each owner and parcel of previously preserved farmland from compliance with the new or revised rule, regulation, or standard unless the owner of the previously preserved farmland provides the committee with written consent agreeing to comply with, and be bound by, the new or revised rule, regulation, or standard.
c. Before implementing and enforcing a new or revised rule, regulation, or standard on previously preserved farmland, on the owners thereof, or on a pre-existing agreement or development easement pursuant to which previously preserved farmland was preserved, the committee shall provide written notice, to each owner of the previously preserved farmland, identifying the need for, the subject matter being addressed by, and the content and import of, the new or revised rule, regulation, or standard, and requesting that each owner agree to be bound by the new or revised rule, regulation, or standard. The notice required by this subsection may be published in a newspaper of general circulation in each county in the State or may be sent, by certified mail, to each owner of previously preserved farmland, or both.
d. If the owner of previously preserved farmland provides the committee with written consent indicating the owner's agreement to be bound by the new or revised rules, regulations, or standards identified in a notice of rules change received pursuant to subsection b. of this section, the new or revised rules, regulations, or standards identified in the notice of rules change shall be deemed to be incorporated, by reference, into the owner's pre-existing farmland preservation agreement, and the owner, and any future owner, shall be subject to compliance with the new or revised rules, regulations, or standards specified in the notice of rules change.
e. The committee shall retain any written consent submitted, pursuant to this section, by the owner of previously preserved farmland, and shall take appropriate action to ensure that any person who is tasked with implementing or enforcing the new or revised rule, regulation, or standard is made aware of, and engages in implementation and enforcement activities in a manner that recognizes and complies with, any such written consent or lack thereof.
f. A prospective owner of previously preserved farmland shall, upon the transfer of such land thereto, agree, in writing, to be bound by all laws, rules, regulations, and standards applicable to preserved farmland, the owners thereof, the execution or content of farmland preservation agreements, and the nature or scope of farmland preservation development easements, which are in effect on the date of transfer, regardless of whether the land being transferred was previously exempt from compliance with certain new or revised rules, regulations, and standards, pursuant to this section.
g. The committee shall annually prepare and submit, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a written report that:
(1) summarizes the content and purpose of any new rules, regulations, or standards, adopted by the committee in the prior year, which are applicable to preserved farmland, the owners thereof, the execution or content of farmland preservation agreements, or the nature or scope of farmland development easements; and
(2) identifies the location and owner of each parcel of previously preserved farmland that is exempted from each of the new or revised rules, regulations, or standards identified pursuant to paragraph (1) of this subsection, due to the failure of the committee to obtain written consent, from the landowner, agreeing to be bound by the new or revised rules, regulations, or standards.
2. This act shall take effect immediately.
STATEMENT
This bill would require the State Agriculture Development Committee (committee), when adopting new or revised rules, regulations, or standards applicable to preserved farmland, the owners thereof, the execution or content of farmland preservation agreements, or the nature or scope of farmland preservation development easements, to exempt from those new or revised rules, regulations, or standards, any previously preserved farmland, owner thereof, or pre-existing agreement or development easement pursuant to which the farmland was preserved, unless the owner of the previously preserved farmland provides written consent expressly agreeing to be bound by the new or revised rules, regulations, or standards. "Previously preserved farmland" is defined to mean any farmland that was preserved prior to the committee's adoption of new or revised rules, regulations, or standards applicable to such farmland, the owners thereof, or the agreements or development easements pursuant to which the farmland land was originally preserved.
Specifically, before the committee implements or enforces a new or revised rule, regulation, or standard on previously preserved farmland, on the owners thereof, or on a pre-existing agreement or development easement pursuant to which the farmland was preserved, the committee will be required to provide written notice, to each owner of previously preserved farmland, identifying the need for, the subject matter being addressed by, and the content and import of, the new or revised rule, regulation, or standard, and requesting that each owner agree to be bound by the new or revised rule, regulation, or standard. The notice may be published in a newspaper of general circulation in each county in the State or may be sent, by certified mail, to each owner of previously preserved farmland, or both.
If the owner of previously preserved farmland provides the committee with written consent indicating the owner's agreement to be bound by the new or revised rules, regulations, or standards set forth in the notice of rules change, those new or revised rules, regulations, or standards will be deemed to be incorporated, by reference, into the owner's pre-existing farmland preservation agreement, and the owner, and any future owner of the land, will be subject to compliance with the new or revised rules, regulations, or standards.
The bill would exempt from compliance with any new or revised committee rules, regulations, or standards, any owner of previously preserved farmland who does not consent, in writing, to be bound by the new or revised rules, regulations, or standards. Any prospective owner of previously preserved farmland would be required, upon the transfer of such land thereto, to agree to be bound by all laws, rules, regulations, and standards applicable to preserved farmland, the owners thereof, the execution or content of farmland preservation agreements, and the nature or scope of farmland preservation development easements, which are in effect on the date of transfer, regardless of whether the land being transferred was previously exempt from compliance with certain new or revised rules, regulations, and standards, as provided by the bill.
The bill would require the committee to annually report, to the Governor and the Legislature, the new or revised rules, regulations, and standards adopted thereby over the prior year, and the location and owner of each parcel of previously preserved farmland that is exempted from the new or revised rules, regulations, or standards.
