Bill Text: NJ A2383 | 2012-2013 | Regular Session | Introduced


Bill Title: Allows school districts to qualify for assistance under the New Jersey Shade Tree and Community Forestry Assistance Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-06 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2383 Detail]

Download: New_Jersey-2012-A2383-Introduced.html

ASSEMBLY, No. 2383

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 6, 2012

 


 

Sponsored by:

Assemblywoman  LINDA STENDER

District 22 (Middlesex, Somerset and Union)

 

 

 

 

SYNOPSIS

     Allows school districts to qualify for assistance under the New Jersey Shade Tree and Community Forestry Assistance Act.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning school districts and the New Jersey Shade Tree and Community Forestry Program, amending and supplementing P.L.1996, c.135 and making an appropriation.

 

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

 

     1.    Section 2 of P.L.1996, c.135 (C.13:1L-17.2) is amended to read as follows:

     2.    The Legislature finds and declares that shade trees and forests are a necessary and important part of community and urban environments, and are critical to the environmental, social and economic welfare of the State; that the ability of all county and municipal governments to care for and manage their shade trees could be enhanced through technical and financial assistance from a State community forestry program; that local governments have experienced recurring and damaging exposure to litigation due to the drastic decline and poor condition of the State's community tree resource; that properly planned and implemented local community forestry programs can provide the necessary basis for local governments to reduce or eliminate liability associated with local tree care programs and shade tree commissions; and that the viability of county and municipal shade tree commissions is essential to the preservation and enhancement of the State's community tree resource.

     The Legislature further finds and declares that the safety, health and well being of the State's children would be greatly enhanced on properties owned and controlled by the State's school districts if those school districts participate in community forestry programs as provided in the "New Jersey Shade Tree and Community Forestry Assistance Act"; and that inclusion of school districts in such community forestry programs, which encompass care for trees including hazard tree inventories, tree maintenance and tree planting, will result in a safer and improved environment for our children on school grounds.

     The Legislature therefore determines that it is appropriate for the State to encourage, promote and assist in the establishment, retention and enhancement of shade tree and community forestry programs by local governments; that it is critical to provide a safe environment for our children by including school districts in a program of dangerous tree detection, improved tree maintenance and science based tree selection for new tree plantings; and that it is altogether fitting and proper to establish a shade tree and community forest preservation license plate, the revenues from
which would be dedicated to the support of a State community forestry program.

     The Legislature further determines that for the State's children and State residents, whose safety is entrusted to school districts and municipalities, it is altogether fitting and proper for the Legislature to commit at least $3,000,000 per year from the General Fund to support Statewide community forestry projects to provide a stable, ongoing source of funding for the care and management of the State's valuable resources of community forests and trees.

(cf:  P.L.1996, c.135, s.2)

 

     2.    Section 3 of P.L.1996, c.135 (C.13:1L-17.3) is amended to read as follows:

     3.    As used in sections 1 through 9 of this act:

     "Commissioner" means the Commissioner of Environmental Protection;

     "Community forestry" means the planting, protection, care and management of trees and other related natural resources within a municipality or county;

     "Department" means the Department of Environmental Protection;

     "Local government" means a municipality, county, school district, or other political subdivision of the State, or any agency thereof;

     "Shade tree commission" means a municipal body created pursuant to R.S.40:64-1 et seq. or a county body created pursuant to R.S.40:37-1 et seq.; and

     "State Forester" means the State Forester designated pursuant to section 17 of P.L.1983, c.324 (C.13:1L-17).

(cf:  P.L.1996, c.135, s.3)

 

     3.    (New section)  Trees and forest found on school district properties may be included in the programs and protection afforded by P.L.1996, c.135 (C.13:1L-17.1 et seq.) when the school district enters into a memorandum of agreement with the local municipality or county that includes but is not necessarily limited to:

     a.     Providing a liaison member to the local shade tree commission or local tree body.

     b.    Inclusion in the community forestry plan.

     c.     Attainment of CORE training and at least three continuing educational units per year by the liaison to the shade tree commission or local tree body or other designated individual or individuals for the school district.

     d.    Presentation annually of a Tree Safety Review by a certified tree expert representing the school district to the shade tree commission or local tree body.

 

     4.    (New section)  At the beginning of the first State fiscal year commencing after the effective date of P.L.    , c.    (C.    ) (pending before the Legislature as this bill), and annually thereafter, there shall be deposited in the "Shade Tree and Community Forest Preservation License Plate Fund," created pursuant to section 12 of P.L.1996, c.135 (C.39:3-27.81), the sum of at least $3,000,000 per year from the General Fund.  In each succeeding fiscal year, there shall be a five-percent increase in the amount deposited in the fund, or an amount equal to the increase in the consumer price index, whichever amount is higher.  These funds shall be used to provide stable and ongoing support for Statewide community forestry projects and for associated State agency administrative costs.

 

     5.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends and supplements the New Jersey Shade Tree and Community Forestry Assistance Act to provide that school districts may qualify for assistance under the Act in order to promote a safer and improved environment for school grounds.  School districts in which school properties contain trees and forests could enter into a memorandum of agreement with respective municipalities or counties to become eligible for benefits under the Act.  Last, the bill appropriates at least $3 million annually from the General Fund to the Shade Tree and Community Forest Preservation License Fund to support a Statewide community forestry program.

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