S4311 —

2019, c.456 (S4311) Approp.CHAPTER 456   An Act appropriating $77,450,448 from constitutionally dedicated corporation business tax revenues and various Green Acres funds to assist local government units to acquire or develop lands for recreation and conservation purposes.

  P.L.

2019, CHAPTER 456, approved January 21, 2020 Senate, No.

4311     An Act appropriating $77,450,448 from constitutionally dedicated corporation business tax revenues and various Green Acres funds to assist local government units to acquire or develop lands for recreation and conservation purposes.

     “Constitutionally dedicated corporation business tax revenues” means corporation business tax revenues dedicated pursuant to Article VIII, Section II, paragraph 6 of the State Constitution in the “Preserve New Jersey Green Acres Fund” and the unexpended balances in the Diesel Risk Mitigation Fund - Constitutional Dedication account and the Diesel Risk Mitigation Administrative Costs - Constitutional Dedication account made available for this purpose pursuant to the provisions of P.L.2019, c.150, for the acquisition or development of lands by local government units for recreation and conservation purposes in accordance with the provisions of P.L.2016, c.12 (C.13:8C-43 et seq).seq.).

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    LOCAL GOVERNMENT UNIT   COUNTY PROJECT APPROVED AMOUNT Fairview Boro   Bergen   Fairview Dog Park Acquisition Project   $250,000   Wood-Ridge Boro Bergen Wood-Ridge Recreation Complex Acquisition   750,000 Bound Brook Boro   Somerset   Riverfront Acquisition   193,250   TOTAL     $1,193,250         GRAND TOTAL     $26,456,010          5.   5. a.

 Thea. following projects to develop lands for recreation and conservation purposes, located in municipalities eligible to receive State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.) either as of June 30, 2019 or the effective date of this act, or sponsored by densely populated counties, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

The following projects to develop lands for recreation and conservation purposes, located in municipalities eligible to receive State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.) either as of June 30, 2019 or the effective date of this act, or sponsored by densely populated counties, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

    LOCAL GOVERNMENT UNIT   COUNTY PROJECT APPROVED AMOUNT Bergen County Bergen Wild Duck Pond Restoration   $1,250,000   Rutherford Boro   Bergen Walls Field Rain Garden / Bio-Retention System   63,420   Camden County Camden Watchable Wildlife Trail 118,300   Cape May City   Cape May   Lafayette Street Park Nature Trail   500,000   Belleville Twp   Essex   Rifle Range Preserve Project   105,000   Bloomfield Twp   Essex   Third River Park Trail   286,968   Harrison Town   Hudson Cape May Street Waterfront Park   750,000   Hoboken City   Hudson   Cove Shoreline and Ecological Restoration   69,132   Jersey City Hudson Gateway and Hamilton Park Rain Gardens   93,990   Secaucus Town   Hudson   Duck Pond Rehabilitation Project   325,000   Weehawken Twp   Hudson   South Park Shoreline Enhancement   406,222   Red Bank Boro   Monmouth Riverside Garden Park   56,782   Spring Lake Heights   Monmouth Joseph Robertson Park Improvements   75,000   Morris County   Morris   Trail Improvements and Meadow Restoration   198,715   Mendham Twp   Morris   Historic Park at Pitney Farm   377,500   Passaic County Passaic Westervelt-Vanderhoef Historic Landscape   289,500   Paterson City     Passaic Valley Rock Trail Improvements   76,284   TOTAL     $5,041,813   GRAND TOTAL     $50,994,438        6.   6. a.

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    STATEMENT        ThisApproved billJanuary appropriates21, $77,450,4482020. from constitutionally dedicated corporation business tax revenues, the “Garden State Green Acres Preservation Trust Fund,” and various Green Acres funds to the Department of Environmental Protection (DEP) to provide grants or low-interest loans, or both, to assist local government units in the State to acquire or develop lands for recreation and conservation purposes.       Of the total amount appropriated:  $48,616,876 is from constitutionally dedicated corporation business tax (CBT) revenues;

$23,775,958 is made available due to loan repayments and interest earnings;

and $5,057,614 is made available due to project cancellations and withdrawals.  The funds made available due to loan repayments, interest earnings, and project cancellations and withdrawals are from the “Garden State Green Acres Preservation Trust Fund” and various Green Acres funds established pursuant to a Green Acres bond act.

     The CBT revenues appropriated in this bill are provided from constitutionally dedicated CBT revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution, approved by the voters of the State in November 2014, including the unexpended balances in the Diesel Risk Mitigation Fund – Constitutional Dedication account and the Diesel Risk Mitigation Administrative Costs - Constitutional Dedication account made available for these purposes pursuant to P.L.2019, c.150 (i.e., the FY2020 annual appropriations act).       The “Preserve New Jersey Act” implements the constitutional dedication of CBT revenues for open space, farmland, and historic preservation.  The “Preserve New Jersey Green Acres Fund” was established by section 6 of the “Preserve New Jersey Act.”  The act provides that a certain amount of the portion of dedicated CBT revenues allocated each year for the Green Acres program is to be used for:  the acquisition of lands for open space, including Blue Acres projects, and development projects on State lands administered by the DEP’s Division of Fish and Wildlife and Division of Parks and Forestry;

grants and loans to fund local government open space acquisition and development projects;

and grants to nonprofit entities to acquire or develop lands for recreation and conservation purposes.  This bill appropriates funds to be used for grants and loans to fund local government open space acquisition and development projects.  Further, of the funding allocated for local open space acquisition and development projects, a certain percentage may be used to fund stewardship activities undertaken by local governments.  “Stewardship activity” is defined in the act as an activity, which is beyond routine operations and maintenance, undertaken to repair or restore lands acquired or developed for recreation and conservation purposes for the purpose of enhancing or protecting those lands for recreation and conservation purposes.

     The total amount of funding allocated for local government projects listed in this bill is $77,450,448.  Of this amount, $26,456,010 is for projects to acquire lands for recreation and conservation purposes, and $50,994,438 is for projects to develop lands for recreation and conservation purposes.

     Of the sum for projects to acquire lands for recreation and conservation purposes:

$22,179,356 allocated for planning incentive open space acquisition projects;

$1,183,404 is allocated for standard open space acquisition projects (i.e., projects located in municipalities that do not have an open space tax);

$1.9 million is allocated for projects in “urban aid” municipalities;

and $1,193,250 is allocated for projects in densely or highly populated municipalities or sponsored by densely or highly populated counties.       Of the sum for projects to develop lands for recreation and conservation purposes:  $32,374,333 is allocated for local park development projects in urban aid municipalities or sponsored by densely populated counties;

$11,978,292 is allocated for local park development projects in densely or highly populated municipalities or sponsored by highly populated counties;

$1.6 million is allocated for standard local park development projects (i.e., projects located municipalities that do not meet the criteria of the prior two categories);

and $5,041,813 is allocated for stewardship activity projects.

     The projects listed have been approved by the DEP and the Garden State Preservation Trust (GSPT).       The projects approved by the bill include projects in “urban aid” and densely or highly populated municipalities and counties.  The bill defines a “densely or highly populated municipality” as a municipality with a population density of at least 5,000 persons per square mile or a population of at least 35,000 persons;

a “densely populated county” as a county with a population density of at least 5,000 persons per square mile;

and a “highly populated county” as a county with a population density of at least 1,000 persons per square mile.

     To the extent that there are funds remaining after those local government unit projects listed in this bill are offered funding, the bill also authorizes the DEP, with the approval of the Joint Budget Oversight Committee (JBOC), to use those funds to provide additional funding for local government unit projects listed in this bill as well as for local government unit projects previously approved for funding pursuant to various other laws.

                                            Appropriates $77,450,448 from constitutionally dedicated CBT revenues and various Green Acres funds to DEP for local government open space acquisition and park development projects.