Bill Text: NJ S3800 | 2018-2019 | Regular Session | Introduced
Bill Title: Revises DEP's Green Acres Program to encourage promotion and protection of urban forests.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2019-05-20 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S3800 Detail]
Download: New_Jersey-2018-S3800-Introduced.html
Sponsored by:
Senator BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Co-Sponsored by:
Senators Singleton and B.Smith
SYNOPSIS
Revises DEP's Green Acres Program to encourage promotion and protection of urban forests.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning urban forests, and amending P.L.1999, c.152 and P.L.2016, c.12.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 24 of P.L.1999, c.152 (C.13:8C-24) is amended to read as follows:
24. a. (1) There is established in the Department of Environmental Protection the Office of Green Acres. The commissioner may appoint an administrator or director who shall supervise the office, and the department may employ such other personnel and staff as may be required to carry out the duties and responsibilities of the department and the office pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) and P.L.2016, c.12 (C.13:8C-43 et al.), all without regard to the provisions of Title 11A, Civil Service, of the New Jersey Statutes. Persons appointed or employed as provided pursuant to this subsection shall be compensated in a manner similar to other employees in the Executive Branch, and their compensation shall be determined by the Civil Service Commission.
(2) The Green Acres Program in the Department of Environmental Protection, together with all of its functions, powers and duties, are continued and transferred to and constituted as the Office of Green Acres in the Department of Environmental Protection. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Green Acres Program, the same shall mean and refer to the Office of Green Acres in the Department of Environmental Protection. This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
b. The duties and responsibilities of the office shall be as follows:
(1) Administer all provisions of P.L.1999, c.152 (C.13:8C-1 et al.) and P.L.2016, c.12 (C.13:8C-43 et al.) pertaining to funding the acquisition and development of lands for recreation and conservation purposes as authorized pursuant to Article VIII, Section II, paragraph 6 and paragraph 7 of the State Constitution;
(2) Continue to administer all grant and loan programs for the acquisition and development of lands for recreation and conservation purposes, including the Green Trust, established or funded for those purposes pursuant to: P.L.1961, c.45 (C.13:8A-1 et seq.); P.L.1971, c.419 (C.13:8A-19 et seq.); P.L.1975, c.155 (C.13:8A-35 et seq.); or any Green Acres bond act; and
(3) Adopt, with the approval of the commissioner and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations:
(a) establishing application procedures for grants and loans for the acquisition and development of lands for recreation and conservation purposes, criteria and policies for the evaluation and priority ranking of projects for eligibility to receive funding for recreation and conservation purposes using constitutionally dedicated moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et al.), any conditions that may be placed on the award of a grant or loan for recreation and conservation purposes pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or P.L.2016, c.12 (C.13:8C-43 et al.), and any restrictions that may be placed on the use of lands acquired or developed with a grant or loan for recreation and conservation purposes pursuant to P.L.1999, c.152 or P.L.2016, c.12 (C.13:8C-43 et al.). The criteria and policies established pursuant to this subparagraph for the evaluation and priority ranking of projects for eligibility to receive funding for recreation and conservation purposes using constitutionally dedicated moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et al.) may be based upon, but need not be limited to, such factors as: protection of the environment, natural resources, water resources, watersheds, aquifers, wetlands, floodplains and flood-prone areas, stream corridors, beaches and coastal resources, forests and grasslands, scenic views, biodiversity, habitat for wildlife, rare, threatened, or endangered species, and plants; vernal habitat; degree of likelihood of development; promotion of greenways; provision for recreational access and use; protection of geologic, historic, archaeological, and cultural resources; relative cost; parcel size; [and] degree of public support; and promotion and protection of urban forests; and
(b) addressing any other matters deemed necessary to implement and carry out the goals and objectives of Article VIII, Section II, paragraph 6 and paragraph 7 of the State Constitution and P.L.1999, c.152 (C.13:8C-1 et al.) and P.L.2016, c.12 (C.13:8C-43 et al.) with respect to the acquisition and development of lands for recreation and conservation purposes, including the acquisition of lands for recreation and conservation purposes that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage ; and
(4) Establishing criteria and policies for the evaluation and priority ranking of State projects to acquire and develop lands for recreation and conservation purposes using constitutionally dedicated moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et al.), which criteria and policies may be based upon, but need not be limited to, such factors as: protection of the environment, natural resources, water resources, watersheds, aquifers, wetlands, floodplains and flood-prone areas, stream corridors, beaches and coastal resources, forests and grasslands, scenic views, biodiversity, habitat for wildlife, rare, threatened, or endangered species, and plants; vernal habitat; degree of likelihood of development; promotion of greenways; provision for recreational access and use; protection of geologic, historic, archaeological, and cultural resources; relative cost; parcel size; [and] degree of public support ; and promotion and protection of urban forests .
(cf: P.L.2016, c.12, s.16)
2. Section 10 of P.L.2016, c.12 (C.13:8C-52) is amended to read as follows:
10. a. Notwithstanding the provisions of subparagraph (b) of paragraph (2) of subsection a. of section 27 of P.L.1999, c.152 (C.13:8C-27) to the contrary, a grant by the State for lands acquired or developed for recreation and conservation purposes by a local government unit in a municipality eligible to receive State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.) shall be for 75 percent of the cost of acquisition or development of the lands by the local government unit, except that the department may authorize an increase in the State's share of the cost up to 100 percent of the allowable funding cap established by the department (1) upon a demonstration of special need or exceptional circumstances or (2) for a project that would create, enhance, or protect an urban forest .
b. A local government unit or a qualifying tax exempt nonprofit organization may use a grant or loan received pursuant to [this act] P.L.2016, c.12 (C.13:8C-43 et al.) for recreation and conservation purposes for : (1) the construction of a community garden, provided that public access to the lands acquired for recreation and conservation purposes is not limited by the community garden ; or (2) the creation, enhancement, or protection of an urban forest .
(cf: P.L.2016, c.12, s.10)
3. This act shall take effect immediately.
STATEMENT
This bill would amend the State's open space program, i.e., the "Green Acres Program" in the Department of Environmental Protection, to encourage the promotion and protection of urban forests.
The bill would include the promotion and protection of urban forests as a factor in the criteria and policies established for the evaluation and priority ranking of State projects and of applications by local government units or qualifying tax exempt nonprofit organizations for eligibility to receive funding from the Green Acres Program.
In addition, the bill would provide that a local government unit or a qualifying tax exempt nonprofit organization may use a grant or loan for recreation and conservation purposes for the creation, enhancement, or protection of an urban forest.
For the Green Acres program, under current law, an urban aid municipality may receive a grant by the State for the acquisition or development of lands for recreation and conservation purposes for 75 percent of the cost of acquisition or development of the lands by the local government unit, and this amount may be increased by the DEP up to 100 percent of the allowable funding cap upon a demonstration of special need or exceptional circumstances. This bill would also provide for this increase for a project that would create, enhance, or protect an urban forest.
According to the United States Forest Service, over 130 million acres of the country's forests are located in cities and towns. Urban forests come in many different shapes and sizes, and include urban parks, street trees, landscaped boulevards, gardens, river and coastal promenades, greenways, river corridors, wetlands, nature preserves, shelter belts of trees, and reforestation of former industrial sites.
In addition to the recreation and conservation opportunities presented by forests, trees offer numerous environmental and economic benefits. Trees improve air quality, filter water, reduce stormwater runoff, provide wildlife habitat, and assist with energy savings by shading sun and blocking wind. Trees absorb carbon dioxide and other greenhouse gasses and replenish the atmosphere with oxygen. Yearly, one acre of trees absorbs on average enough carbon dioxide to offset a car driven 26,000 miles and produces enough oxygen for 18 people.
