Requires DEP to prioritize funding for certain projects for acquisition of lands for recreation and conservation purposes and certain environmental infrastructure projects that include, or allow for, flood mitigation projects.

A1873 TR

ASSEMBLY, No. 1873

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAMES J. KENNEDY

District 22 (Somerset and Union)

Assemblyman WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

Assemblyman� CLINTON CALABRESE

District 36 (Bergen and Passaic)

Co-Sponsored by:

Assemblymen Verrelli, Karabinchak, Stanley, Freiman, Tully,
Assemblywomen Swain, Reynolds-Jackson, Carter, Drulis, Speight, Donlon,
Peterpaul, Assemblyman Sampson, Assemblywoman Park, Assemblymen Bhalla and Moen

SYNOPSIS

���� Requires DEP to prioritize funding for certain
projects for acquisition of lands for recreation and conservation purposes and
certain environmental infrastructure projects that include, or allow for, flood
mitigation projects.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Environment and Solid
Waste Committee with technical review.

��

An Act
concerning funding for certain recreation and
conservation projects and certain environmental infrastructure projects that
include, or allow for, flood mitigation projects and amending P.L.1999, c.152, P.L.1985,
c.334, and P.L.1997, c.224.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 24 of P.L.1999, c.152
(C.13:8C-24) is amended to read as follows:

���� 24. a. (1) There is
established in the Department of Environmental Protection the Office of Green
Acres.� The commissioner may appoint an administrator or director who shall
supervise the office, and the department may employ such other personnel and
staff as may be required to carry out the duties and responsibilities of the
department and the office pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) and
P.L.2016, c.12 (C.13:8C-43 et seq.), all without regard to the provisions of
Title 11A, Civil Service, of the New Jersey Statutes.� Persons appointed or
employed as provided pursuant to this subsection shall be compensated in a
manner similar to other employees in the Executive Branch, and their
compensation shall be determined by the Civil Service Commission.

���� (2)�� The Green Acres Program
in the Department of Environmental Protection, together with all of its
functions, powers and duties, are continued and transferred to and constituted
as the Office of Green Acres in the Department of Environmental Protection.� Whenever,
in any law, rule, regulation, order, contract, document, judicial or
administrative proceeding or otherwise, reference is made to the Green Acres
Program, the same shall mean and refer to the Office of Green Acres in the
Department of Environmental Protection.� This transfer shall be subject to the
provisions of the �State Agency Transfer Act,� P.L.1971, c.375 (C.52:14D-1 et
seq.).

���� b.��� The duties and
responsibilities of the office shall be as follows:

���� (1)�� Administer all
provisions of P.L.1999, c.152 (C.13:8C-1 et al.) and P.L.2016, c.12 (C.13:8C-43
et seq.) pertaining to funding the acquisition and development of lands for
recreation and conservation purposes as authorized pursuant to Article VIII,
Section II, paragraph 6 and paragraph 7 of the State Constitution;

���� (2)�� Continue to administer
all grant and loan programs for the acquisition and development of lands for
recreation and conservation purposes, including the Green Trust, established or
funded for those purposes pursuant to:� P.L.1961, c.45 (C.13:8A-1 et seq.);
P.L.1971, c.419 (C.13:8A-19 et seq.); P.L.1975, c.155 (C.13:8A-35 et seq.); or
any Green Acres bond act;

���� (3)�� Adopt, with the approval
of the commissioner and pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations:

���� (a)�� establishing application
procedures for grants and loans for the acquisition and development of lands
for recreation and conservation purposes, criteria and policies for the
evaluation and priority ranking of projects for eligibility to receive funding
for recreation and conservation purposes using constitutionally dedicated
moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or constitutionally
dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et� seq.), any
conditions that may be placed on the award of a grant or loan for recreation
and conservation purposes pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or
P.L.2016, c.12 (C.13:8C-43 et al.), and any restrictions that may be placed on
the use of lands acquired or developed with a grant or loan for recreation and
conservation purposes pursuant to P.L.1999, c.152 (C.13:8C-1 et al.) or
P.L.2016, c.12 (C.13:8C-43 et seq.).� The criteria and policies established
pursuant to this subparagraph for the evaluation and priority ranking of
projects for eligibility to receive funding for recreation and conservation
purposes using constitutionally dedicated moneys pursuant to P.L.1999, c.152
(C.13:8C-1 et al.) or constitutionally dedicated CBT moneys pursuant to
P.L.2016, c.12 (C.13:8C-43 et seq.) may be based upon, but need not be limited
to, such factors as: protection of the environment, natural resources, water
resources, watersheds, aquifers, wetlands, floodplains and flood-prone areas,
stream corridors, beaches and coastal resources, forests and grasslands, scenic
views, biodiversity, habitat for wildlife, rare, threatened, or endangered
species, and plants; vernal habitat; degree of likelihood of development;
promotion of greenways; provision for recreational access and use; protection
of geologic, historic, archaeological, and cultural resources; relative cost;
parcel size; and degree of public support;

���� (b)�� addressing any other
matters deemed necessary to implement and carry out the goals and objectives of
Article VIII, Section II, paragraph 6 and paragraph 7 of the State Constitution
and P.L.1999, c.152 (C.13:8C-1 et al.) and P.L.2016, c.12 (C.13:8C-43 et seq.)
with respect to the acquisition and development of lands for recreation and
conservation purposes, including the acquisition of lands for recreation and
conservation purposes that have been damaged by, or may be prone to incurring
damage caused by, storms or storm-related flooding, or that may buffer or
protect other lands from such damage; and

���� (c)�� establishing application
requirements and a fee schedule for the review by the department of
applications to convey, dispose of, or divert to a use other than recreation
and conservation purposes lands acquired or developed by a local government
unit or a qualifying tax exempt nonprofit organization for recreation and
conservation purposes using funds from any Green Acres bond act,
constitutionally dedicated moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et
al.), or constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12
(C.13:8C-43 et seq.), or lands held by the local government unit for recreation
and conservation purposes at the time of receipt of such funds.� The fees
established pursuant to this subparagraph shall reflect the costs of the Office
of Green Acres incurred in processing and reviewing applications to convey,
dispose of, or divert lands acquired, developed, or held for recreation and
conservation purposes to a use other than recreation and conservation
purposes.� All fees collected pursuant to the fee schedule adopted pursuant to
this subparagraph shall be used to offset the administrative costs of the
Office of Green Acres associated with such reviews pursuant to the provisions
of section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419
(C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47), sections 31 through
35 of P.L.1999, c.152 (C.13:8C-31 through C.13:8C-35), and section 11 of
P.L.2016, c.12 (C.13:8C-53), as appropriate, and any other applicable law; and

���� (4)�� Establishing criteria
and policies for the evaluation and priority ranking of State projects to
acquire and develop lands for recreation and conservation purposes using
constitutionally dedicated moneys pursuant to P.L.1999, c.152 (C.13:8C-1 et
al.) or constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12
(C.13:8C-43 et seq.), which criteria and policies may be based upon, but need
not be limited to, such factors as:� protection of the environment, natural
resources, water resources, watersheds, aquifers, wetlands, floodplains and
flood-prone areas, stream corridors, beaches and coastal resources, forests and
grasslands, scenic views, biodiversity, habitat for wildlife, rare, threatened,
or endangered species, and plants; vernal habitat; degree of likelihood of
development; promotion of greenways; provision for recreational access and use;
protection of geologic, historic, archaeological, and cultural resources;
relative cost; parcel size; and degree of public support.

����
c.� In addition to the
criteria and policies established pursuant to subsection b. of this section,
when evaluating and ranking projects

for eligibility to receive
constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et
al.), the office shall consider and provide priority, to the extent consistent
with State and federal law, to Blue Acres projects, as defined in section 3 of P.L.2016,
c.12 (C.13:8C-45), that include, or allow for, a flood mitigation project to
occur onsite
.

(cf: P.L.2019, c.136, s.7)������

���� 2.� Section 20 of P.L.1985,
c.334 (C.58:11B-20) is amended to read as follows:

���� 20.� a.� (1) The Commissioner
of Environmental Protection shall for each fiscal year develop a priority
system for wastewater treatment systems and shall establish the ranking
criteria and funding policies for the clean water projects to be financed by the
New Jersey Environmental Infrastructure Financing Program.� The commissioner
shall set forth an Interim Clean Water Financing Program Project Priority List,
hereinafter referred to as the �clean water project priority list,� for funding
by the trust for each fiscal year and shall include the aggregate amount of
funds of the trust to be authorized for these purposes.� The clean water
project priority list may include any stormwater management or combined sewer
overflow abatement project identified in the stormwater management and combined
sewer overflow abatement project priority list adopted by the commissioner
pursuant to section 28 of P.L.1989, c.181.

���� The clean water project
priority list, which shall include for each wastewater treatment system the
date each project is scheduled to be certified as ready for funding, shall be
in conformance with applicable provisions of the �Federal Water Pollution Control
Act Amendments of 1972,� Pub.L.92-500 (33 U.S.C. s.1251 et al.), and any
amendatory or supplementary acts thereto, and State law, or in the case of a
wastewater treatment system project for the reduction of lead in a publicly
owned facility, conformance with requirements established by the Department of
Environmental Protection for those projects or, in the case of a wastewater
treatment system project financed through another source of funds, conformance
with the requirements established by the department and the other source of
funds for that project.� The clean water project priority list shall include a
description of each project and its purpose, impact, cost, and construction
schedule, and an explanation of the manner in which priorities were established.�

���� The department shall, to the
extent consistent with federal law, assign additional priority points to
:�
(a)
project applicants with an established program to employ at the project
facility, or at related offices or facilities, persons who reside in the
municipality in which the project is located, the service area of the project,
or in surrounding municipalities that meet the criteria for State aid pursuant
to P.L.1978, c.14 (C.52:27D-178 et seq.)
; and (b) projects that include, or
allow for, a flood mitigation project to occur onsite
.�

���� The priority system and clean
water project priority list for the ensuing fiscal year shall be submitted to
the Secretary of the Senate and the Clerk of the General Assembly on or before
January 15 of each year.� The Secretary and the Clerk shall cause the date of
submission to be entered upon the Senate Journal and the Minutes of the General
Assembly, respectively.� Incremental revisions or supplements to the clean
water project priority list may be submitted to the Legislature as provided in
subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9).

���� (2) The commissioner shall set
forth a clean water project eligibility list for long-term funding by the trust
and shall include the aggregate amount of funds to be authorized for these
purposes.� The clean water project eligibility list shall consist of clean
water project priority list projects certified by the department that have
commenced construction and demonstrated a high likelihood of construction
completion on or before the end of the ensuing fiscal year.� On or before May
15 of each year, the trust shall submit the clean water project eligibility
list for the ensuing fiscal year, including any revision thereof or supplement
thereto, to be introduced in each House in the form of legislative
appropriations bills, which shall be referred to the Senate Environment and
Energy Committee and the Assembly Environment and Solid Waste Committee, or
their successors, for their respective consideration.� On or before October 15
of each year the trust may submit an additional clean water project eligibility
list, to be introduced in each House in the form of legislative appropriations
bills, which shall be referred to the Senate Environment and Energy Committee
and the Assembly Environment and Solid Waste Committee, or their successors,
for their respective consideration.

���� b.��� The Senate Environment
and Energy Committee and the Assembly Environment and Solid Waste Committee
shall, either individually or jointly, consider the legislation containing the
clean water project eligibility list, and shall report the legislation, together
with any modifications, out of committee for consideration by each House of the
Legislature.� On or before July 1 of each year, the Legislature shall approve
an appropriations act containing the clean water project eligibility list,
including any amendatory or supplementary provisions thereto, which act shall
include the authorization of an aggregate amount of funds of the trust to be
expended for long-term loans and guarantees for the specific projects,
including the individual amounts therefor, on the list.

���� c.���� The trust shall not
expend any money for a long-term loan or guarantee during a fiscal year for any
wastewater treatment system project unless the expenditure is authorized
pursuant to an appropriations act as provided in the provisions of this
section, or as otherwise set forth in an appropriations act.

���� d.��� The trust shall submit
to the Secretary of the Senate and the Clerk of the General Assembly on or
before January 15 of each year a report which shall identify the wastewater
treatment system projects financed during the prior fiscal year, including a
project description, the amount of the loan provided for each project, and the
duration of each loan.

(cf: P.L.2022, c.14, s.1)

���� 3.� Section 24 of P.L.1997,
c.224 (C.58:11B-20.1) is amended to read as follows:

���� 24.� a.� (1) The Commissioner
of Environmental Protection shall for each fiscal year develop a priority
system for water supply projects and shall establish the ranking criteria and
funding policies for the water supply projects to be financed by the New Jersey
Environmental Infrastructure Financing Program.� The commissioner shall set
forth an Interim Drinking Water Financing Program Project Priority List,
hereinafter referred to as the �drinking water project priority list,� for
funding by the trust for each fiscal year and shall include the aggregate
amount of funds of the trust to be authorized for these purposes.� The
commissioner may include a water supply project on the drinking water project
priority list if it is eligible for funding under the �Water Supply Bond Act of
1981,� P.L.1981, c.261, as amended, meets the eligibility requirements for
funding pursuant to the federal �Safe Drinking Water Act Amendments of 1996,�
Pub.L.104-182, or, in the case of a water supply project for the reduction of
lead in a publicly owned facility, the project meets the eligibility
requirements established by the Department of Environmental Protection for
those projects or, in the case of a water supply project financed through
another source of funds, conformance with the requirements established by the
department and the other source of funds for that project.� The drinking water
project priority list shall include a description of each project and an
explanation of the manner in which priorities were established.�

���� The department shall, to the
extent consistent with federal law, assign additional priority points to
:�
(a)
project applicants with an established program to employ at the project
facility, or at related offices or facilities, persons who reside in the
municipality in which the project is located, the service area of the project,
or in surrounding municipalities that meet the criteria for State aid pursuant
to P.L.1978, c.14 (C.52:27D-178 et seq.)
; and (b) projects that include, or
allow for, a flood mitigation project to occur onsite
.�

���� The priority system and
drinking water project priority list for the ensuing fiscal year shall be
submitted to the Secretary of the Senate and the Clerk of the General Assembly
on or before January 15 of each year.� The Secretary and the Clerk shall cause
the date of submission to be entered upon the Senate Journal and the Minutes of
the General Assembly, respectively.� Incremental revisions or supplements to
the drinking water project priority list may be submitted to the Legislature as
provided in subsection d. of section 9 of P.L.1985, c.334 (C.58:11B-9).

���� (2)� The commissioner shall
set forth a drinking water project eligibility list for long-term funding by
the trust and shall include the aggregate amount of funds to be authorized for
these purposes.� The drinking water project eligibility list shall consist of
drinking water project priority list projects certified by the department that
have commenced construction and demonstrated a high likelihood of construction
completion on or before the end of the ensuing fiscal year.� On or before May
15 of each year, the trust shall submit the drinking water project eligibility
list for the ensuing fiscal year, including any revision thereof or supplement
thereto, to be introduced in each House in the form of legislative
appropriations bills, which shall be referred to the Senate Environment and
Energy Committee and the Assembly Environment and Solid Waste Committee, or
their successors, for their respective consideration.� On or before October 15
of each year the trust may submit an additional drinking water project
eligibility list, to be introduced in each House in the form of legislative
appropriations bills, which shall be referred to the Senate Environment and
Energy Committee and the Assembly Environment and Solid Waste Committee, or
their successors, for their respective consideration.

���� b.��� The Senate Environment
and Energy Committee and the Assembly Environment and Solid Waste Committee
shall, either individually or jointly, consider the legislation containing the
drinking water project eligibility list, and shall report the legislation, together
with any modifications, out of committee for consideration by each House of the
Legislature.� On or before July 1 of each year, the Legislature shall approve
an appropriations act containing the drinking water project eligibility list,
including any amendatory or supplementary provisions thereto, which act shall
include the authorization of an aggregate amount of funds of the trust to be
expended for long-term loans and guarantees for the specific water supply
projects, including the individual amounts therefor, on the list.

���� c.���� The trust shall not
expend any money for a long-term loan or guarantee during a fiscal year for any
water supply project unless the expenditure is authorized pursuant to an
appropriations act as provided in the provisions of this section, or as
otherwise set forth in an appropriations act.

���� d.��� The trust shall submit
to the Secretary of the Senate and the Clerk of the General Assembly on or
before January 15 of each year a report which shall identify the water supply
projects financed during the prior fiscal year, including a project description,
the amount of the loan provided for each project, and the duration of each
loan.

(cf: P.L.2022, c.14, s.2)

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