Bill Text: NJ A763 | 2010-2011 | Regular Session | Amended

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Bill Title: Establishes program authorizing lease of historic buildings and structures in State parks, forests, and wildlife management areas.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2011-05-19 - Reported from Senate Committee, 2nd Reading [A763 Detail]

Download: New_Jersey-2010-A763-Amended.html

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[First Reprint]

ASSEMBLY, No. 763

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblyman  JOHN DIMAIO

District 23 (Warren and Hunterdon)

Assemblywoman  CELESTE M. RILEY

District 3 (Salem, Cumberland and Gloucester)

 

 

 

 

SYNOPSIS

     Establishes program authorizing lease of historic buildings and structures in State parks, forests, and wildlife management areas.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 13, 2010.

  

An Act concerning the lease of certain historic buildings and structures, and supplementing Title 13 of the Revised Statutes.

 

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

 

     1.    As used in this act:

     "Department" means the Department of Environmental Protection.

     "Historic building or structure" means any building or structure approved for inclusion, determined to be potentially eligible for inclusion, or which meets the criteria for inclusion, in the New Jersey Register of Historic Places pursuant to P.L.1970, c.268 (C.13:1B-15.128 et seq.).

     "Maintenance work" means the repair, restoration, or rehabilitation of a historic building or structure, and provided that the size of the structure is not increased.

     "Qualifying tax exempt nonprofit organization" means a nonprofit organization that is exempt from federal taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501 (c)(3).

     "Recreation and conservation purposes" means the same as that term is defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3).

 

     2.    a.  (1) The Department of Environmental Protection may offer for lease any historic building or structure located on lands administered by the department and preserved for recreation and conservation purposes.

     (2)   The department shall establish, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), application procedures for potential lessees, which may include but not be limited to:  a demonstration of the financial resources to repair and maintain the historic building or structure being leased; procedures concerning rent abatements; requirements for pre-approval of any maintenance work; and any other rules and regulations necessary to ensure the maintenance of historic buildings or structures located on lands administered by the department and preserved for recreation and conservation purposes.

     b.    Any maintenance work performed by or for a lessee on a historic building or structure pursuant to this section shall:

     (1)   be approved by the department, including but not limited to the State Historic Preservation Office, prior to the commencement
of the work;

     (2)   be completed in substantial compliance with the requirements of the United States Secretary of the Interior's Standards for Rehabilitation pursuant to section 67.7 of title 36, Code of Federal Regulations; and

     (3)   not be subject to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.) ¹, unless public moneys are funding the maintenance work¹ .

     c.     The department may provide for the abatement of rent of a lessee who performs maintenance work on a historic building or structure pursuant to this section.  A rent abatement shall take into consideration the nature and extent of the maintenance work in contributing to the habitability of the historic building or structure and the value of any capital improvement to the historic building or structure.

 

     3.    a.  A qualifying tax exempt nonprofit organization that leases land preserved for recreation and conservation purposes from the department may sublease any historic building or structure located thereon, with the prior approval of the department.

     b.    A qualifying tax exempt nonprofit organization may retain all of the rent proceeds from a sublease pursuant to subsection a. of this section, provided that the rent proceeds are based on fair market value and are used solely for the maintenance and operation of the historic buildings or structures located on the land leased from the department.

 

     4.    This act shall take effect immediately.