Allocates 10 percent of Green Acres funding to local government units for development of completely inclusive playgrounds.

A1843

ASSEMBLY, No. 1843

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman GREGORY E. MYHRE

District 9 (Ocean)

Assemblyman BRIAN E. RUMPF

District 9 (Ocean)

SYNOPSIS

���� Allocates 10 percent of Green Acres funding to local
government units for development of completely inclusive playgrounds.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning development by local government units of
completely inclusive playgrounds for recreation and conservation purposes, and
amending P.L.2016, c.12.

����
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:

���� 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 P.L.2016, c.12 (C.13:8C-47),
paragraph (1) 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.� Moneys derived from the payment of
principal and interest on the loans to local government units authorized by
P.L.2016, c.12 (C.13:8C-43 et seq.) shall also be held in the fund.

���� b.��� Of the amount deposited
in State fiscal year 2017 through and including State fiscal year 2019 into the
Preserve New Jersey Green Acres Fund pursuant to paragraph (1) of subsection a.
of section 5 of 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 two percent
shall be allocated for stewardship activities undertaken by local government
units; and

���� (3)�� seven 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 grants and loans in the same manner as provided in
subsections a. and b. of section 27 of P.L.1999, c.152 (C.13:8C-27) and this
section.

���� 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 P.L.2016, c.12
(C.13:8C-43 et seq.) and this section.

���� (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 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
P.L.2016, c.12 (C.13:8C-43 et seq.).

���� 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.

���� j.���� Of the amount deposited
in each State fiscal year commencing in State fiscal year 2020 and annually
thereafter into the Preserve New Jersey Green Acres Fund pursuant to paragraph
(1) of subsection a. of section 1 of P.L.2019, c.136 (C.13:8C-47.1):

���� (1)�� 60 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)�� 45 percent shall be
allocated for the purpose of paying the cost of acquisition of lands by the
State for recreation and conservation purposes, and of this amount, a minimum
of 10 percent shall be allocated for Blue Acres projects; and�

���� (b)�� 55 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)�� 30 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, including Blue Acres projects, and of
this amount, up to 10 percent shall be allocated for stewardship activities
undertaken by local government units
, and 10 percent shall be allocated for
the development of completely inclusive playgrounds, including the retrofit of
existing playgrounds as completely inclusive playgrounds, by local government
units
; and

���� (3)�� 10 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, including Blue Acres projects, and of
this amount, 11 percent shall be allocated for stewardship activities
undertaken by qualifying tax exempt nonprofit organizations.

���� k. (1) In addition to the
purposes set forth in subsection d. of this section, moneys in the Preserve New
Jersey Green Acres Fund may be applied for the purposes of providing moneys to:

���� (a)�� meet the Blue Acres
costs to the State for the acquisition of lands for a Blue Acres project; or

���� (b)�� provide grants, pursuant
to the provisions of paragraph (2) of this subsection, to assist a qualifying
tax exempt nonprofit organization in meeting the Blue Acres costs for the
acquisition of lands for a Blue Acres project.

���� (2)�� A grant by the State for
lands to be acquired by a qualifying tax exempt nonprofit organization for a
Blue Acres project may include up to 50 percent of the Blue Acres cost of
acquisition of the lands by the qualifying tax exempt nonprofit organization.

���� (a)�� A qualifying tax exempt
nonprofit organization shall not use as its matching share of the Blue Acres
cost of acquisition of lands for a Blue Acres project any constitutionally
dedicated moneys, as defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3),
or any grant moneys obtained from a Green Acres bond act.

���� (b)�� To qualify to receive a
grant from the Preserve New Jersey Blue Acres Fund, the board of directors or
governing body of the applying tax exempt nonprofit organization shall:

���� (i)��� demonstrate to the
commissioner that the organization qualifies as a charitable conservancy for
the purposes of P.L.1979, c.378 (C.13:8B-1 et seq.);

���� (ii)�� demonstrate that the
organization has the resources to match the grant requested;

���� (iii)� agree to make and keep
the lands accessible to the public, unless the commissioner determines that
public accessibility would be detrimental to the lands or any natural resources
associated therewith;

���� (iv)� agree not to convey the
lands except to the federal government, the State, a local government unit, or
another qualifying tax exempt nonprofit organization, for recreation and
conservation purposes; and

���� (v)�� agree to execute and
donate to the State at no charge a conservation restriction pursuant to
P.L.1979, c.378 (C.13:8B-1 et seq.) on the lands to be acquired with the grant.

���� l.���� In addition to any
other reporting requirements required by law, the department shall annually
send a written report to the Chairperson of the Senate Environment and Energy
Committee, the Assembly Agriculture and Natural Resources Committee, and the
Assembly Environment and Solid Waste Committee, or their successors,
identifying the projects funded with moneys pursuant to subparagraph (b) of
paragraph (1) of subsection j. of this section.� This report shall:� (1)
identify the project type, location, and cost for each development project; and
(2) identify the stewardship activities, including the location and cost for
each stewardship activity, undertaken on lands administered by the Division of
Fish and Wildlife and Division of Parks and Forestry pursuant to subparagraph
(b) of paragraph (1) of subsection j. of this section.�

(cf:� P.L.2019, c.136, s.3)

���� 2.��� Section 10 of P.L.2016,
c.12 (C.13:8C-52) is amended to read:

���� 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
upon a demonstration of special need or exceptional circumstances.

���� b.��� A local government unit
or a qualifying tax exempt nonprofit organization may use a grant or loan
received pursuant to this act for recreation and conservation purposes for 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.

����
c.���� A grant by the State
to a local government unit that is not a municipality eligible to receive State
aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.) for development of a
completely inclusive playground, including the retrofit of an existing
playground as a completely inclusive playground, by the local government unit
shall be for 50 percent of the cost of development of the playground.

(cf: P.L.2016, c.12, s.10)

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides that 10
percent of the Green Acres funding provided for grants and loans to fund local
government open space acquisition and development projects would be allocated
as grants for the development of completely inclusive playgrounds by local
government units.

���� The �Preserve New Jersey Act�
implements the constitutional dedication of corporation business tax (CBT)
revenues for open space, farmland, and historic preservation.� For State fiscal
years 2020 and after, the act provides that of the amount deposited each State
fiscal year:� 60 percent shall be used for State open space acquisition and
development projects; 30 percent shall be used for grants and loans to fund
local government open space acquisition and development projects; and 10
percent shall be used for grants to fund open space acquisition and development
projects undertaken by qualifying tax exempt nonprofit organizations.� Currently,
the Green Acres program requires all development projects to comply with all
applicable federal and State requirements of the �Americans with Disabilities
Act of 1990� and �barrier free� codes.�

���� This bill would provide that
of the funding for local government open space acquisition and development
projects, 10 percent would be allocated as grants for the development of
completely inclusive playgrounds, including the retrofitting of existing
playgrounds, by local government units.� The bill further provides that a grant
by the State for development of a completely inclusive playground by a local
government unit that is not an urban aid municipality would be for 50 percent
of the cost of development of the playground.�

���� This bill would provide that a
portion of Green Acres funds be specifically allocated for the development of
completely inclusive playgrounds by counties and municipalities.