Bill Text: NJ S724 | 2024-2025 | Regular Session | Introduced
Bill Title: Authorizes counties to establish mentoring programs for, and resell preserved farmland at reduced price to, and beginning farmers.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S724 Detail]
Download: New_Jersey-2024-S724-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
SYNOPSIS
Authorizes counties to establish mentoring programs for, and resell preserved farmland at reduced price to, and beginning farmers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the establishment of mentoring programs for, and the resale of certain preserved farmland to, beginning farmers by counties and amending P.L.1983, c.32 and P.L.2016, c.12.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 9 of P.L.1983, c.32 (C.4:1C-16) is amended to read as follows:
9. Every board may:
a. [Develop] develop an educational and informational program concerning farmland preservation techniques and recommended agricultural management practices to advise and assist municipalities, farmers and the general public with respect to the implementation of these techniques;
b. [Provide] provide assistance to farm operators concerning permit applications and information regarding the regulatory practices of State government agencies ; and
c. establish a beginning farmer mentoring program by which experienced farmers provide guidance, advice, and other appropriate assistance to beginning farmers .
(cf: P.L.1983, c.32, s.9)
2. Section 8 of P.L.2016, c.12 (C.13:8C-50) is amended to read as follows:
8. a. The State Treasurer shall establish a fund to be known as the "Preserve New Jersey Farmland Preservation Fund" and shall deposit all moneys received pursuant to paragraph (3) of subsection a. of section 5 of P.L.2016, c.12 (C.13:8C-47), paragraph (2) of subsection a. of section 1 of P.L.2019, c.136 (C.13:8C-47.1), and any other moneys appropriated by law for deposit into the fund.
Moneys in the fund shall be invested in permitted investments or shall be held in interest-bearing accounts in those depositories as the State Treasurer may select, and may be invested and reinvested in permitted investments or as other trust funds in the custody of the State Treasurer in the manner provided by law. All interest or other income or earnings derived from the investment or reinvestment of moneys in the fund shall be credited to the fund.
b. (1) The moneys in the fund are specifically dedicated and shall be used for the same purposes as those set forth in section 37 of P.L.1999, c.152 (C.13:8C-37) and as provided in [paragraph (2) of] this subsection.
(2) Of the moneys deposited into the Preserve New Jersey Farmland Preservation Fund: (a) in State fiscal year 2017 through and including State fiscal year 2019, up to three percent shall be allocated by the committee on an annual basis for stewardship activities; and (b) commencing in State fiscal year 2020 and annually thereafter, up to four percent shall be allocated by the committee on an annual basis for stewardship activities.
(3) Notwithstanding any provision of P.L.2016, c.12 (C.13:8C-43 et seq.) to the contrary, stewardship activities undertaken on farmland on which (a) the pinelands development credits have been acquired pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.), and the pinelands comprehensive management plan adopted pursuant thereto, or the development rights have been acquired pursuant to a transfer of development rights program for the Highlands Region established pursuant to section 13 of P.L.2004, c.120 (C.13:20-13), and (b) there is deed restriction approved by the committee, shall be eligible for funding pursuant to paragraph (2) of this subsection.
(4) (a) Notwithstanding the provisions of section 2 of P.L.2009. c.147 (C.4:1C-37.1) or paragraph (2) of subsection a. of section 37 of P.L.1999, c.152 (C.13:8C-37), or any rule or regulation adopted pursuant thereto, to the contrary, a county or county agriculture development board may resell or lease real property acquired in fee simple for farmland preservation purposes to a beginning farmer at a price less than that paid for the acquisition of the fee simple title by the county or county agriculture development board, as applicable, provided that the land shall be resold or leased with agricultural deed restrictions, as determined by the committee, and any proceeds received from a resale or lease shall be dedicated for farmland preservation purposes and the State's pro rata share of any such proceeds shall be deposited in the Preserve New Jersey Farmland Preservation Fund to be used for the purposes of that fund. For any sale or lease of land for farmland preservation purposes to a beginning farmer pursuant to this paragraph, the State's pro rata share of the proceeds may be reduced to reflect the reduction in price paid by the beginning farmer.
(b) As used in this paragraph:
"Beginning farmer" means a person who desires to engage in farming and has never farmed before, who has engaged in farming in the State for 10 years or less as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), or who qualifies as a first-time farmer pursuant to 26 U.S.C. s.147(c)(2).
"Farming" means the cultivation of land for agricultural or horticultural production.
c. Moneys in the fund shall not be expended except in accordance with appropriations from the fund made by law. Any act appropriating moneys from the Preserve New Jersey Farmland Preservation Fund shall identify any particular project or projects to be funded by the moneys, and any expenditure for a project for which the location is not identified by municipality and county in the appropriation shall require the approval of the Joint Budget Oversight Committee, or its successor, except as permitted otherwise in accordance with the same exceptions as those specified in paragraph (2) of subsection b. of section 23 of P.L.1999, c.152 (C.13:8C-23).
d. Unexpended moneys due to project withdrawals, cancellations, or cost savings shall be returned to the fund.
(cf: P.L.2019, c.136, s.4)
3. This act shall take effect immediately.
STATEMENT
This bill would authorize county agriculture development boards (CADBs) to establish mentoring programs for beginning farmers and authorize counties and CADBs to resell preserved farmland to beginning farmers at a price below what the county paid for the land.
The bill would expand the powers of CADBs by authorizing them to establish beginning farmer mentoring programs by which experienced farmers provide guidance, advice, and other appropriate assistance to beginning farmers.
In addition, the bill would specify that a county or CADB may resell or lease preserved farmland, acquired in fee simple by a county, to a beginning farmer, as defined in the bill, for an amount less than that originally paid by the county or CADB, as applicable. Under the bill, the land would be subject to agricultural deed restrictions as required by current law. However, the bill provides that for any sale or lease of land for farmland preservation purposes to a beginning farmer pursuant to the bill, the State's pro rata share of the proceeds may be reduced to reflect the reduction in price paid by the beginning farmer.
Under current law, the State Agriculture Development Committee (SADC) provides grants to counties to pay up to 80 percent of the cost of acquisition of fee simple titles to farmland from willing sellers for farmland preservation purposes. Current law, and SADC rules and regulations, require that such land be offered for resale or lease with agricultural deed restrictions and that the proceeds received be dedicated for farmland preservation purposes, with the SADC's pro rate share of the proceeds deposited into the applicable farmland preservation fund. Current funding for farmland preservation is provided from constitutionally dedicated corporation business tax (CBT) revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution, approved by the voters of the State in November 2014. The "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-43 et seq.), implements the constitutional dedication of CBT revenues 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."
New Jersey has long committed to preserving farmland, however New Jersey cannot rest on the success of land preservation. The State needs to do much more to preserve farming and take further action to preserve its farmers as well. This bill is intended to provide an incentive for, and encouragement to, people who take up the vital and historic role of farmer. Currently, the average age of a farmer in the United States is 57.5 years. The national average age has increased by 1.6 percent annually since 1994, on average, according to the 2017 Census of Agriculture conducted by the United States Department of Agriculture. The average age of a New Jersey farmer is 59.7 years, according to the same report.
