S2459 —

S2459 1RSenate [FirstStatement Reprint]6/27/19 STATEMENT TO   SENATE, No.

2459 STATE  OFwith NEWSenate JERSEYFloor 218thAmendments LEGISLATURE(Proposed  by INTRODUCEDSenator APRILCRYAN) 12, 2018    ADOPTED: Sponsored by:

Senator JUNE JOSEPH27, P.        These Senate floor amendments eliminate the ability of a municipality to limit the use of an arts and culture trust fund to only subsets of arts and culture activities, and prohibit the municipality from specifying in a public question that an annual arts and culture levy would only support a subset of arts and culture activities.        The amendments authorize a municipality to reallocate monies from an arts and culture trust fund into its general fund if the Director of the Division of Local Government Services in the Department of Community Affairs determines that the municipality is in fiscal distress.

CRYAN      DistrictThe 20amendments (Union)remove Senator language BRIANthat P.would allow a local arts council to manage the distribution of arts and culture levy proceeds, in order to clarify that any local arts council would be subject to the restrictions that may be established by ordinance.        The amendments appropriate $100,000 from the general fund to the Division of Local Government Services to fund the expenses necessary for the implementation of the bill, which may include the funding necessary for the division to modify its Financial Automation Submission Tracking system to incorporate the additional levy.

STACK      DistrictThe 33amendments (Hudson)require  that Co-Sponsoredan by:arts and culture levy would become effective in the next budget year following the year in which the levy is approved by the voters.

Senators      CunninghamFinally, andthe Ruizamendments  clarify  that  certain  local SYNOPSISgovernment     entities Authorizesmay municipalissue taxnon-recourse levybonds throughfor publicthe questionpurpose forof certainfinancing purposes;the purchase and installation of a renewable energy system and energy efficiency improvements.

clarifies ability of local government entities to issue non-recourse bonds;

appropriates $100,000.

  CURRENT VERSION OF TEXT      As amended by the Senate on June 27, 2019.

   An Act concerning 1[arts and culture funding and] the municipal tax levy and local government issuance of non-recourse bonds, amending P.L.2011, c.187,1 supplementing Title 40 of the Revised Statutes 1, and making an appropriation.1        Be It Enacted by the Senate and General Assembly of the State of New Jersey:

       1.    As used in P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     “Arts and culture” means creative and cultural activities, including but not limited to, performing, visual, and fine arts, music, dance, graphic design, film, digital media and video, architecture and urban design, humanities, literature, arts and culture education, historic preservation, museum curation, crafts, and folk arts.

     “Arts and culture trust fund” means a fund established pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), for the purpose of supporting local arts and culture.

     “Local arts council” means an entity, often referred to as a local arts agency, arts commission, or cultural affairs office, that:

     a.     is either a municipal or county government agency, or a private entity exempt from federal income taxation under paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code of 1986 (26 U.S.C.

s.501(c)(3));

and      b.    maintains a mission that generally involves making arts and culture more accessible to the public, and supporting local artists, art programming, or local organizations focused on arts and culture.

         2.    (New section)  a.  The governing body of a municipality may, by ordinance, submit to the voters of the municipality, in a general or special election, a proposition authorizing an annual levy, in an amount or at a rate that the governing body deems appropriate, to be established for the purpose of supporting arts and culture 1[, or any subset of activities within the definition of “arts and culture” under section of P.L.    , c.    (C.        ) (pending before the Legislature as this bill)]1.  Upon approval of the proposition by a majority of the votes cast by the voters of the municipality, the governing body of the municipality may annually raise by taxation a sum not to exceed the amount or rate set forth in the proposition approved by the voters for the purposes specified therein.  1The arts and culture levy shall become effective in the next budget year following the year in which the levy has been approved by the voters.1      b.    1[(1) The amount or rate of the annual levy may be subdivided in the proposition to reflect the relative portions of the levy to be allocated to any respective arts and culture purpose.       (2) If the amount or rate set forth in the proposition is not subdivided among its various purposes, then the governing body of the municipality may, by ordinance, determine the appropriate amount or rate to be allocated to each purpose at a later time.  By ordinance, the governing body of the municipality may also adjust any previously-determined allocation of funds among each purpose, so long as the adjustment is in accordance with the terms of the levy allocation submitted to the voters.       c.]1  Amounts raised by the levy imposed pursuant to this section shall be deposited into an "arts and culture trust fund" to be created by the municipality, and shall be used exclusively for 1[the purposes authorized by the voters of the municipality] arts and culture, except that the municipality may deposit such amounts into the current fund of that municipality for uses not related to arts and culture if the Director of the Division of Local Government Services in the Department of Community Affairs finds that the municipality is in fiscal distress1.  Any interest or other income earned on monies deposited into the arts and culture trust fund shall be credited to the fund to be used for the same purposes as the principal.  1[Separate accounts may be created within the arts and culture trust fund for the deposit of revenue that is to be expended for each respective purpose, as specified in the proposition approved by the voters of the municipality.]1  A municipality may deposit other funds into the arts and culture trust fund, as it may, from time to time, deem appropriate.

     1[d.] c.1     The governing body of a municipality may, by ordinance, submit to the voters of the municipality in a general or special election a proposition amending, supplementing, or repealing, a proposition previously submitted, approved, and implemented as provided pursuant to this section.  The proposition may propose to eliminate the annual levy 1[,] or1 change the amount or rate of the annual levy 1[, or add or remove purposes authorized pursuant to this section for which the levy may be expended]1.  Upon approval of an amendatory or supplementary proposition by a majority of the votes cast by the voters of the municipality, the governing body of the municipality shall implement it in the same manner as set forth in P.L.    , c.    (C.        ) (pending before the Legislature as this bill) for implementation of the original proposition.

     1[e.] d.1     Upon petition to the governing body of a municipality signed by the voters of the municipality equal in number to at least 15 percent of the votes cast therein at the last preceding general election, filed with the governing body at least days before a general or special election, the governing body of the municipality shall submit to the voters of the municipality in the general or special election the proposition otherwise authorized pursuant to subsection a.

or subsection 1[d.] c.1 of this section, as the case may be.

       3.    (New section)  a.  The municipality, either through an ordinance adopted pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), or through a subsequent ordinance, shall designate a local arts council to 1[manage the distribution of monies in the arts and culture trust fund.  In distributing arts and culture trust fund monies, the] which monies from the arts and culture trust fund shall be appropriated.

The1 local arts council shall comply with the conditions for the use of the funding established 1[through the propositions and ordinances adopted pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill)] by ordinance1.       b.    An agreement entered into in accordance with this section shall not be subject to the requirements and provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).  If the local arts council is a private entity, then the local arts council shall allow the chief financial officer of the municipality to serve on its board, ex officio, as a non-voting member.         14.   Section of P.L.2011, c.187 (C.40:56-13.1) is amended to read as follows:

     2.    a.  Upon application to and approval by the Director of Local Government Services in the Department of Community Affairs, a municipality may adopt an ordinance to establish a program to finance the purchase and installation of renewable energy systems and energy efficiency improvements by property owners and to authorize the issuance at public or private sale of non-recourse bonds as further provided herein.  The governing body may apply to a county improvement authority that issues bonds pursuant to paragraph (2) of subsection (j) of section 12 of P.L.1960, c.183 (C.40:37A-55), or may issue bonds to finance the program pursuant to section 3 of P.L.2011, c.187 (C.40:56-13.2).  Funds for the purchase and installation of renewable energy systems and energy efficiency improvements shall be loaned to property owners in exchange for a clean energy special assessment on the property pursuant to section 1 of P.L.2011, c.187 (C.40:56-1.4), to be paid quarterly.  In the case of financing provided by bonds issued by a county improvement authority, the clean energy special assessment shall be used to repay the bonds.  The bonds issued by a county improvement authority pursuant to this section shall be issued as non-recourse obligations of the authority and shall not be considered to be direct and general obligations of the authority.  In the case of financing provided by the municipality through the issuance of municipal bonds, the clean energy special assessment shall be used to repay the bonds.  The bonds issued by a municipality pursuant to this section shall be issued as non-recourse obligations of the municipality and shall not be considered to be direct and general obligations of the municipality.  Any bonds issued or authorized by a municipality pursuant to this section shall not be considered gross debt of the municipality on any debt statement filed in accordance with the "Local Bond Law," N.J.S.40A:2-1 et seq.  A property owner who purchases and installs a renewable energy system under the program may also assign any solar renewable energy certificates or other renewable energy credits that accrue to the property owner from the operation of the system to the municipality or the county improvement authority to repay the loan for the system.

The Director of Local Government Services in the Department of Community Affairs shall coordinate efforts with the Board of Public Utilities to ensure that the amount of financing made available by local programs authorized pursuant to this act is in accordance with limits set from time to time by the Board of Public Utilities in order to ensure that local programs further the goals of the Office of Clean Energy in the Board of Public Utilities.

     b.    As used in this section, "solar renewable energy certificate" shall have the same meaning as set forth in section 3 of P.L.1999, c.23 (C.48:3-51).1 (cf:

P.L.2011, c.187, s.2)        15.   (New section)  There is appropriated from the General Fund to the Division of Local Government Services in the Department of Community Affairs $100,000 to fund the expenses of implementing P.L.    c.   (C.        ) (pending before the Legislature as this bill).1        1[4.] 6.1     This act shall take effect immediately.