New Jersey-2022-A3446-Introduced

An Act concerning wineries on preserved farmland and amending P.L.2014, c.16 and P.L.2018, c.30.

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

1. Section 2 of P.L.2014, c.16 (C.4:1C-32.8) is amended to read as follows:

2. a. The State Agriculture Development Committee shall establish a [pilot] program permitting special occasion events to be conducted on preserved farmland at a winery provided that:

(1) the gross income generated by the winery from all special occasion events conducted for the calendar year together account for less than 50 percent of the annual gross income of the winery;

(2) the special occasion event uses the agricultural output of the winery, to the maximum extent practicable, to promote agricultural tourism and advance the agricultural or horticultural output of the winery;

(3) the special occasion event is conducted on a Friday, Saturday, Sunday, or federal or State holiday, except that a special occasion event may be conducted on any other day of the week with the approval of the State Agriculture Development Committee. The committee may delegate its authority in that regard to a county agriculture development board;

(4) the special occasion event is conducted in: (a) a temporary structure, such as an enclosed or open canopy or tent or other portable structure or facility, and any temporary structure would be put in place for only the minimum amount of time reasonably necessary to accommodate the special occasion event; (b) an existing permanent agricultural building; (c) a farm or open air pavilion; or (d) another structure used in the normal course of winery operations and activities;

(5) the special occasion event complies with applicable municipal ordinances, resolutions, or regulations concerning litter, solid waste, and traffic and the protection of public health and safety;

(6) the winery shall be subject to a site plan review and any applicable development approvals as may be required under an ordinance adopted pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.);

(7) the special occasion event is subject to the noise standards set forth pursuant to the "Noise Control Act," P.L.1971, c.418 (C.13:1G-1 et seq.), and the rules and regulations adopted thereto;

(8) the special occasion event complies with any applicable
municipal ordinance that restricts performing or playing music inside the winery's buildings and structures;

(9) the special occasion event ends at a specific time, if required pursuant to a curfew established by a municipal ordinance;

(10) the special occasion event would not knowingly result in a significant and direct negative impact to any property adjacent to the winery; and

(11) the winery hosting a special occasion event enforces State and federal requirements concerning the legal drinking age.

b. In determining the annual gross income of a winery pursuant to this section, the gross income received from any special occasion event shall include, but need not be limited to, admission fees; rental fees; setup, breakdown, and cleaning fees; and all other revenue that is not directly related to the agricultural output of the winery but is received by the winery in conjunction with conducting a special occasion event.

(cf: P.L.2014, c.16, s.2)

2. Section 1 of P.L.2018, c.30 (C.4:1C-32.12) is amended to read as follows:

1. Notwithstanding the provisions of section 6 of P.L.2014, c.16 to the contrary, sections 1 through 5 of P.L.2014, c.16 (C.4:1C-32.7 through C.4:1C-32.11) shall be and remain in effect [for two years] following the effective date of [this act] P.L. , c. (pending before the Legislature as this bill) or May 30, 2020, and , if appropriate, shall be retroactive to [March 1, 2018] May 30, 2020.

(cf: P.L.2018, c.30, s.1)

3. Section 2 of P.L.2018, c.30 (C.4:1C-32.13) is amended to read as follows:

2. a. Each county agriculture development board shall prepare and submit to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), an annual report. Each annual report shall include findings that summarize the activities of wineries on preserved farmland in the county of the board's jurisdiction and make recommendations for the [pilot] program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.).

b. The State Agriculture Development Committee shall prepare and submit to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) [:

(1) an interim report, within 30 days after the effective date of this act; and

(2) a final report, at least 45 days before the expiration of the pilot program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.) and extended pursuant to this act] a biennial report.

c. [The interim and final reports] Each biennial report required pursuant to subsection b. of this section shall review the implementation and operation of the [pilot] program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.), summarize the findings and recommendations of the annual reports prepared pursuant to subsection a. of this section, and make recommendations to the Governor and Legislature to amend [, extend,] [or make permanent] the program.

(cf: P.L.2018, c.30, s.2.)

4. Section 3 of P.L.2018, c.30 (C.4:1C-32.14) is amended to read as follows:

3. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, the [pilot] program established pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.) and extended pursuant to [this act] P.L.2018, c.30 (C.4:1C-32.12 et seq.) and P.L. , c. (pending before the Legislature as this bill) shall not apply to any special occasion event at a winery that is not on preserved farmland.

b. The State Agriculture Development Committee shall not have any authority to regulate or restrict any special occasion event conducted at a winery beyond the scope of the authority granted pursuant to P.L.2014, c.16 (C.4:1C-32.7 et seq.).

(cf: P.L.2018, c.30, s.3)

5. This act shall take effect immediately.

STATEMENT

This bill amends current law to make permanent the pilot program allowing special occasion events to be conducted at wineries on preserved farmland. The bill also revises the reporting requirement under the law to require on-going biennial reports to the Governor and the Legislature.

The pilot program was created by P.L.2014, c.16 (C.4:1C-32.7 et seq.). It was established for 44 months and was scheduled to expire on March 1, 2018. The original enactment did not contain reporting requirements. The pilot program was extended for two additional years by the enactment of P.L.2018, c.30. The 2018 law extending the pilot program was effective on May 30, 2018 and was made retroactive to March 1, 2018 to cover the gap period.

The 2018 enactment also required:

(1) County agricultural development boards (CADB) to submit annual reports which include findings that summarize the activities of wineries on preserved farmland in the county of the board's jurisdiction and make recommendations for the pilot program; and

(2) The State Agricultural Development Committee (SADC) to submit interim and final reports that review the implementation and operation of the pilot program, summarize the findings and recommendations of the annual reports prepared by the CADBs, and make recommendations to the Governor and Legislature.

The bill continues the program beyond its May 30, 2020 expiration and makes the program permanent thereafter. Under the provisions of the bill, the CADBs would continue to submit annual reports and the SADC would be required to submit biennial reports. The bill also will be retroactive to May 30, 2020.