ASSEMBLY, No. 4955
STATE OF NEW JERSEY
217th LEGISLATURE
INTRODUCED JUNE 8, 2017
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Makes Palisades Interstate Park Commission eligible for certain open space and historic preservation funding.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Palisades Interstate Park Commission and certain funding for recreation and conservation and historic preservation purposes, and amending P.L.2016, c.12 and P.L.1980, c.104.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.2016, c.12 (C.13:8C-48) is amended to read as follows:
6. a. The State Treasurer shall establish a fund to be known as the "Preserve New Jersey Green Acres Fund" and shall deposit into the fund all moneys received pursuant to paragraph (1) of subsection a. of section 5 of [this act] P.L.2016, c.12 (C.13:8C-47) 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. Moneys derived from the payment of principal and interest on the loans to local government units authorized by this act shall also be held in the fund.
b. Of the amount deposited each State fiscal year into the Preserve New Jersey Green Acres Fund pursuant to paragraph (1) of subsection a. of section 5 of [this act] P.L.2016, c.12 (C.13:8C-47):
(1) 55 percent shall be allocated for the purpose of paying the cost of acquisition and development of lands by the State for recreation and conservation purposes, and the amount provided pursuant to this paragraph shall be allocated as follows:
(a) 50 percent shall be allocated for the purpose of paying the cost of acquisition of lands by the State for recreation and conservation purposes; and
(b) 50 percent shall be allocated for the purpose of paying the cost of development of lands by the State for recreation and conservation purposes, and of the amount provided pursuant to this subparagraph:
(i) up to 22 percent shall be allocated for the purpose of paying the cost for stewardship activities undertaken on lands administered by the Division of Fish and Wildlife in the department; and
(ii) up to 22 percent shall be allocated for the purpose of paying the cost for stewardship activities undertaken on lands administered by the Division of Parks and Forestry in the department;
(2) 38 percent shall be allocated for the purposes of providing grants and loans to assist local government units to pay the cost of acquisition and development of lands for recreation and conservation purposes, and of this amount, up to 2 percent shall be allocated for stewardship activities undertaken by local government units; and
(3) 7 percent shall be allocated for the purposes of providing grants to assist qualifying tax exempt nonprofit organizations to pay the cost of acquisition and development of lands for recreation and conservation purposes, and of this amount, 11 percent shall be allocated for stewardship activities undertaken by qualifying tax exempt nonprofit organizations.
c. Any repayments of the principal and interest on loans issued to local government units for the acquisition or development of lands for recreation and conservation purposes using constitutionally dedicated CBT moneys shall be deposited into the Preserve New Jersey Green Acres Fund, and shall be specifically dedicated for the issuance of additional loans in the same manner as provided in subsection b. of section 27 of P.L.1999, c.152 (C.13:8C-27).
d. (1) The moneys in the fund are specifically dedicated and shall be used for the same purposes and according to the same criteria and provisions as those set forth in section 26 of P.L.1999, c.152 (C.13:8C-26), and as provided pursuant to [this act] P.L.2016, c.12 (C.13:8C-43 et seq.) and paragraph (3) of this subsection .
(2) Grants and loans issued to local government units and grants issued to qualifying tax exempt nonprofit organizations using constitutionally dedicated CBT moneys for the acquisition and development of lands for recreation and conservation purposes shall be subject to the same provisions as those prescribed in section 27 of P.L.1999, c.152 (C.13:8C-27), except as otherwise provided in section 10 of [this act] P.L.2016, c.12 (C.13:8C-52) .
(3) Notwithstanding any provision of P.L.2016, c.12 (C.13:8C-43 et seq.) or P.L.1999, c.152 (C.13:8C-1 et seq.) to the contrary, projects of the Palisades Interstate Park Commission established pursuant to P.L.1980, c.104 (C.32:14-1.1 et seq.) for the acquisition or development of land for recreation and conservation purposes in New Jersey shall be considered State projects for the purposes of eligibility for funding pursuant to the provisions of P.L.2016, c.12 (C.13:8C-43 et seq.).
e. 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 Green Acres 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 a. of section 23 of P.L.1999, c.152 (C.13:8C-23).
f. Unexpended moneys due to project withdrawals, cancellations, or cost savings shall be returned to the fund.
g. Of the amount authorized pursuant to this section, not more than five percent shall be utilized for organizational, administrative and other work and services, including salaries, equipment and materials necessary to administer the applicable provisions of this act.
h. To the end that municipalities may not suffer a loss of taxes by reason of the acquisition and ownership by the State of lands in fee simple for recreation and conservation purposes, or the acquisition and ownership by qualifying tax exempt nonprofit organizations of lands in fee simple for recreation and conservation purposes that become certified as exempt from property taxes pursuant to P.L.1974, c.167 (C.54:4-3.63 et seq.) or similar laws, the State shall make payments annually in the same manner as payments are made pursuant to section 29 of P.L.1999, c.152 (C.13:8C-29).
i. The State shall not use the power of eminent domain in any manner for the acquisition of lands by the State for recreation and conservation purposes using constitutionally dedicated CBT moneys in whole or in part unless a concurrent resolution approving that use is approved by both Houses of the Legislature; except that, without the need for such a concurrent resolution, the State may use the power of eminent domain to the extent necessary to establish a value for lands to be acquired from a willing seller by the State for recreation and conservation purposes using constitutionally dedicated CBT moneys in whole or in part.
(cf: P.L.2016, c.12, s.6)
2. Section 9 of P.L.2016, c.12 (C.13:8C-51) is amended to read as follows:
9. a. The State Treasurer shall establish a fund to be known as the "Preserve New Jersey Historic Preservation Fund" and shall deposit all moneys received pursuant to paragraph (4) of subsection a. of section 5 of [this act] P.L.2016, c.12 (C.13:8C-47) 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 41 of P.L.1999, c.152 (C.13:8C-41), and for emergency intervention and the acquisition of historic preservation easements.
(2) Notwithstanding any provision of P.L.2016, c.12 (C.13:8C-43 et seq.) or P.L.1999, c.152 (C.13:8C-1 et seq.) to the contrary, the Palisades Interstate Park Commission established pursuant to P.L.1980, c.104 (C.32:14-1.1 et seq.) shall be eligible for grants pursuant to the provisions of section 41 of P.L.1999, c.152 (C.13:8C-41) for projects located in New Jersey. A project by the Palisades Interstate Park Commission for historic preservation purposes shall be subject to the same criteria and conditions set forth in section 41 of P.L.1999, c.152 (C.13:8C-41) applicable to a project by a local government unit.
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 Historic 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.
d. Unexpended moneys due to project withdrawals, cancellations, or cost savings shall be returned to the fund.
(cf: P.L.2016, c.12, s.9)
3. Section 5 of P.L.1980, c.104 (C.32:14-1.5) is amended to read as follows:
5. a. Commission projects for the acquisition or development of land for recreation and conservation purposes shall be considered State projects for the purposes of eligibility for funding pursuant to the provisions of the "New Jersey Green Acres Bond Act of 1961" (P.L.1961, c.46), the "New Jersey Green Acres Bond Act of 1971" (P.L.1971, c.165), the "New Jersey Green Acres and Recreation Opportunities Bond Act of 1974" (P.L.1974, c. 108), the "New Jersey Green Acres Bond Act of 1978" (P.L.1978, c. 118), as well as any other Green Acres Bond Act adopted subsequent to the effective date of this amendatory and supplementary act. Requests by the commission for funding shall be submitted to the department and reviewed in the same manner as similar requests from other State departments, divisions, agencies , or instrumentalities thereof.
b. The commission shall coordinate its planning for the acquisition, development , and use of lands for recreation and conservation purposes with planning conducted by the department for the preparation and revision of : (1) the Comprehensive Master Plan, pursuant to P.L.1977, c.348 (C.13:8A-55); and (2) the New Jersey Statewide Comprehensive Outdoor Recreation Plan, pursuant to the "Federal Land and Water Conservation Fund Act of 1965" (P.L.94-422).
c. Notwithstanding any provision of P.L.2016, c.12 (C.13:8C-43 et seq.) or P.L.1999, c.152 (C.13:8C-1 et seq.) to the contrary, (1) a project of the commission for the acquisition or development of land for recreation and conservation purposes in New Jersey shall be considered a State project for the purposes of eligibility for funding pursuant to the provisions of P.L.2016, c.12 (C.13:8C-43 et seq.), and (2) a project of the commission for historic preservation purposes in New Jersey shall be subject to the same criteria and conditions set forth in section 41 of P.L.1999, c.152 (C.13:8C-41) applicable to a project by a local government unit.
(cf: P.L.1980, c.104, s.5)
4. This act shall take effect immediately.
STATEMENT
This bill would amend current law to specify that the Palisades Interstate Park Commission (PIPC) would be eligible for open space and historic preservation funding made available pursuant to the "Preserve New Jersey Act," P.L.2016, c.12 (C.13:8C-43 et seq.), for open space and historic preservation projects located in New Jersey.
The "Preserve New Jersey Act" implements for State fiscal years 2017 through 2019, the constitutional dedication of 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, for open space, farmland, and historic preservation. Of these dedicated funds: 60 percent are to be used for acquiring and developing lands for public recreation and conservation purposes, including lands that protect water supplies, under the Green Acres program; 4 percent are to be used for the "Blue Acres" program; 31 percent are to be used for farmland preservation purposes; and 5 percent are to be used for historic preservation purposes. Of this funding, the act provides that of the 60 percent of dedicated CBT revenues allocated each year for the Green Acres program: 55 percent would be used for State open space acquisition and development projects; 38 percent would be used for grants and loans to fund local government open space acquisition and development projects; and 7 percent would be used for grants to fund open space acquisition and development projects undertaken by qualifying tax exempt nonprofit organizations. Of the funding for State open space acquisition and development projects: 50 percent would be used for acquisition projects and 50 percent would be used for development projects. Further, of the funding for State open space development projects, up to 22 percent would be used for stewardship activities undertaken on lands administered by the Division of Fish and Wildlife and up to 22 percent would be used for stewardship activities undertaken on lands administered by the Division of Parks and Forestry. In addition, the act provides that the dedicated CBT revenues allocated for historic preservation purposes are to be used to provide grants to local government units and qualifying tax exempt nonprofit organizations, and for emergency intervention and the acquisition of historic property easements.
Under this bill, PIPC would be considered to be an eligible applicant for open space and historic preservation funding for projects located in New Jersey. A project by PIPC would be considered as a "State" project for the purposes of eligibility for open space funding. In the case of funding for historic preservation purposes, a project by PIPC would be eligible for funding and subject to the same application process, criteria, and conditions as a project by a local government unit.