Bill Text: NJ A6208 | 2020-2021 | Regular Session | Introduced
Bill Title: Appropriates $60,940,361 from constitutionally dedicated CBT revenues to State Agriculture Development Committee for farmland preservation purposes.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2022-01-18 - Approved P.L.2021, c.488. [A6208 Detail]
Download: New_Jersey-2020-A6208-Introduced.html
Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman JOHN ARMATO
District 2 (Atlantic)
SYNOPSIS
Appropriates $60,940,361 from constitutionally dedicated CBT revenues to State Agriculture Development Committee for farmland preservation purposes.
CURRENT VERSION OF TEXT
As introduced.
An Act appropriating $60,940,361 from various farmland preservation funds to the State Agriculture Development Committee for farmland preservation purposes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is appropriated to the State Agriculture Development Committee the sum of $45,515,361 in the amounts, set forth in paragraphs (1) through (2) of this subsection, to pay the cost of acquisition by the committee of development easements on, or fee simple titles to, farmland, to provide grants to counties and municipalities for up to 80 percent of the cost of acquisition of fee simple titles to farmland, to provide grants to qualifying tax-exempt non-profit organizations for up to 50 percent of the cost of acquisition of fee simple titles to farmland, for farmland preservation purposes for projects approved as eligible for such funding pursuant to the "Agricultural Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et seq.), the "Garden State Preservation Trust Act," P.L.1999, c.152 (C.13:8C-1 et seq.), and the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-43 et seq.):
(1) $45,328,760 from dedicated corporation business tax revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution from the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50). Of the amount appropriated pursuant to this paragraph, the sum of $3,578,886 is available due to interest earnings on the dedicated corporation business tax revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution; and
(2) $186,601 from the "Garden State Farmland Preservation Fund," established pursuant to section 20 of P.L.1999, c.152 (C.13:8C-20).
b. Any farmland acquired in fee simple with monies appropriated pursuant to this section shall be offered for resale or lease with agricultural deed restrictions approved by the committee.
2. There is appropriated from the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), from the "2009 Farmland Preservation Fund," established pursuant to section 18 of the "Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009," P.L.2009, c.117, from the "2007 Farmland Preservation Fund," established pursuant to section 18 of the "Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007," P.L.2007, c.119, from the "Garden State Farmland Preservation Trust Fund," established pursuant to section 20 of P.L.1999, c.152 (C.13:8C-20), from the "1999 Open Space Fund," established pursuant to the "Open Space - Local Match Program of the Fiscal Year 1999 annual appropriations act," P.L.1998, c.45, from the "1995 Farmland Preservation Fund," established pursuant to section 25 of the "Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995," P.L.1995, c.204, from the "1992 Farmland Preservation Fund," established pursuant to section 24 of the "Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992," P.L.1992, c.88, from the "1989 Farmland Preservation Fund," established pursuant to section 22 of the "Open Space Preservation Bond Act of 1989," P.L.1989, c.183, and from the "Farmland Preservation Fund," established pursuant to section 5 of the "Farmland Preservation Bond Act of 1981," P.L.1981, c.276, to the State Agriculture Development Committee such sums from any additional proceeds which may become available by the effective date of this act due to the lease or conveyance of land or development easements acquired or funded by the committee, for the purpose of providing for the cost of acquisition by the committee of development easements and fee simple titles to farmland for farmland preservation purposes pursuant to subsection a. of section 1 of this act.
Any farmland acquired in fee simple with monies appropriated pursuant to this section shall be offered for resale or lease with agricultural deed restrictions approved by the committee.
3. There is appropriated to the State Agriculture Development Committee the sum of $3,325,000 from the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), for the purpose of providing grants for stewardship activities as defined pursuant to section 3 of P.L.2016, c.12 (C.13:8C-45), including soil and water conservation project activities approved pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24) and deer-fencing activities approved pursuant to section 5 of P.L.1983, c.32 (C.4:1C-5).
Of the amount appropriated pursuant to this section, the sum of $126,241 is available due to interest earnings on the dedicated corporation business tax revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution.
4. There is appropriated to the State Agriculture Development Committee the sum of $12,100,000 from the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), as follows:
a. $10,000,000 for the purpose of providing funding for organizational, administrative, and other work and services, including salaries, equipment, materials, and services necessary to administer the applicable provisions of P.L.2016, c.12 (C.13:8C-43 et seq.);
b. $1,000,000 for the purpose of providing funding for costs associated with the acquisition of development easements on farmland by the committee, including, but not limited to, appraisal, survey, and title costs;
c. $100,000 for the purpose of providing for the review of appraisals for farmland preservation programs administered by the committee pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.); and
d. $1,000,000 for the purpose of providing planning grants to counties and municipalities for the development of a farmland preservation plan element for the farmland preservation planning incentive grant program established pursuant to section 1 of P.L.1999, c.180 (C.4:1C-43.1).
5. There is appropriated from the General Fund to the "Preserve New Jersey Farmland Preservation Fund," established pursuant to section 8 of the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-50), the sum of $60,753,760 to implement the provisions of this act.
6. The expenditure of the sums approved by this act is subject to the provisions and conditions of P.L.2016, c.12 (C.13:8C-43 et seq.), P.L.2009, c.117, P.L.2007, c.119, P.L.1999, c.152 (C.13:8C-1 et seq.), P.L.1998, c.45, P.L.1995, c.204, P.L.1992, c.88, P.L.1989, c.183, P.L.1983, c.32 (C.4:1C-11 et seq.), and P.L.1981, c.276, as appropriate.
7. This act shall take effect immediately.
STATEMENT
This bill appropriates $60,940,361 from various farmland preservation funds to the State Agriculture Development Committee (SADC) for certain farmland preservation purposes.
Of the funding provided by the bill, $45,515,361 is appropriated to the SADC to pay the cost of acquisition by the SADC of development easements on, or fee simple titles to, farmland, to provide grants to counties and municipalities for up to 80 percent of the cost of acquisition of fee simple titles to farmland, and to provide grants to qualifying tax exempt nonprofit organizations for up to 50 percent of the cost of acquisition of fee simple titles to farmland, for farmland preservation purposes for projects approved as eligible for such funding pursuant to: the "Agricultural Retention and Development Act"; the "Garden State Preservation Trust Act"; and the "Preserve New Jersey Act."
Of the $45,515,361 provided in section 1 of the bill for the acquisition of fee simple titles and development easements to farmland: $45,328,760 is from constitutionally dedicated corporation business tax (CBT) revenues in the "Preserve New Jersey Farmland Preservation Fund" established pursuant to the "Preserve New Jersey Act" and $186,601 is from the "Garden State Farmland Preservation Fund" established pursuant to the "Garden State Preservation Trust Act."
In addition, this bill appropriates $3,325,000 from the "Preserve New Jersey Farmland Preservation Fund" to the SADC for the purpose of providing stewardship grants for activities, beyond routine operation and maintenance, undertaken by landowners, or farm operators as agents for landowners, to repair, restore, or improve lands preserved for farmland preservation purposes, including soil and water conservation project activities and deer-fencing activities.
The appropriations in this bill for the acquisition of fee simple titles and development easements to farmland and for stewardship grants have been approved by the SADC and the Garden State Preservation Trust.
The bill also appropriates to the SADC such sums from any additional proceeds which may become available by the effective date of the bill due to the lease or conveyance of farmland previously acquired in fee simple by the SADC, for the purpose of providing for the cost of acquisition by the SADC of development easements and fee simple titles to farmland for farmland preservation purposes.
This bill also appropriates from the "Preserve New Jersey Farmland Preservation Fund" to the SADC: $10 million for organizational, administrative, and other work and services, including salaries, equipment, materials, and services necessary to administer the applicable provisions of the "Preserve New Jersey Act"; $1 million for costs associated with administering the direct easement program; $100,000 for costs associated with the review of appraisals; and $1 million for the purpose of providing grants to counties and municipalities for the development of farmland preservation plan elements as required by law for the farmland preservation planning incentive grant program.
The "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-43 et seq.), implements the constitutional dedication of CBT revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution, approved by the voters of the State in November 2014, for open space, farmland, and historic preservation. The "Preserve New Jersey Farmland Preservation Fund" was established pursuant to section 8 of the "Preserve New Jersey Act." Of the funding in this bill, $60,753,760 is from these constitutionally dedicated CBT revenues.
