Requires establishment and implementation, in certain circumstances, of wildlife management plans for open space and farmland, and authorizes use of constitutionally dedicated CBT revenues to finance activities undertaken pursuant to such plans.

A208

ASSEMBLY, No. 208

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Inganamort

SYNOPSIS

���� Requires establishment and implementation, in certain
circumstances, of wildlife management plans for open space and farmland, and
authorizes use of constitutionally dedicated CBT revenues to finance activities
undertaken pursuant to such plans.

CURRENT VERSION OF TEXT

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

��

An Act

concerning wildlife management plans for open
space and farmland, and amending P.L.1999, c.152 and P.L.2016, c.12.

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

���� 1.��� Section 26 of P.L.1999,
c.152 (C.13:8C-26) is amended to read as follows:

���� 26.� a. Moneys appropriated
from the Garden State Green Acres Preservation Trust Fund to the Department of
Environmental Protection shall be used by the department to:

���� (1)�� Pay the cost of
acquisition and development of lands by the State for recreation and
conservation purposes;

���� (2)�� Provide grants and loans
to assist local government units to pay the cost of acquisition and development
of lands for recreation and conservation purposes; and

���� (3)�� Provide grants to assist
qualifying tax exempt nonprofit organizations to pay the cost of acquisition
and development of lands for recreation and conservation purposes.

���� b.��� The expenditure and
allocation of constitutionally dedicated moneys for recreation and conservation
purposes shall reflect the geographic diversity of the State to the maximum
extent practicable and feasible.

���� c.���� (1) Notwithstanding the
provisions of section 5 of P.L.1985, c.310 (C.13:18A-34) or this act, or any
rule or regulation adopted pursuant thereto, to the contrary, the value of a
pinelands development credit, allocated to a parcel pursuant to P.L.1979, c.111
(C.13:18A-1 et seq.) and the pinelands comprehensive management plan adopted
pursuant thereto, shall be made utilizing a value to be determined by either
appraisal, regional averaging based upon appraisal data, or a formula supported
by appraisal data. �The appraisal and appraisal data shall consider as
appropriate:� land values in the pinelands regional growth areas; land values
in counties, municipalities, and other areas reasonably contiguous to, but
outside of, the pinelands area; and other relevant factors as may be necessary
to maintain the environmental, ecological, and agricultural qualities of the
pinelands area.

���� (2)�� No pinelands development
credit allocated to a parcel of land pursuant to P.L.1979, c.111 (C.13:18A-1 et
seq.) and the pinelands comprehensive management plan adopted pursuant thereto
that is acquired or obtained in connection with the acquisition of the parcel
for recreation and conservation purposes by the State, a local government unit,
or a qualifying tax exempt nonprofit organization using constitutionally
dedicated moneys in whole or in part may be conveyed in any manner.� All such
pinelands development credits shall be retired permanently.

���� d.��� (Deleted by amendment,
P.L.2010, c.70)

���� e.���� Moneys appropriated
from the fund may be used to match grants, contributions, donations, or
reimbursements from federal aid programs or from other public or private
sources established for the same or similar purposes as the fund.

���� f.���� Moneys appropriated
from the fund shall not be used by local government units or qualifying tax
exempt nonprofit organizations to acquire lands that are already permanently
preserved for recreation and conservation purposes, as determined by the
department.

���� g.��� Whenever lands are
donated to the State by a public utility, as defined pursuant to Title 48 of
the Revised Statutes, for recreation and conservation purposes, the
commissioner may 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.

���� h.��� Whenever the State
acquires land for recreation and conservation purposes, the agency in the
Department of Environmental Protection responsible for administering the land
shall, within six months after the date of acquisition, inspect the land for
the presence of any buildings or structures thereon which are or may be
historic properties and, within 60 days after completion of the inspection,
provide to the New Jersey Historic Preservation Office in the department (1) a
written notice of its findings, and (2) for any buildings or structures which
are or may be historic properties discovered on the land, a request for
determination of potential eligibility for inclusion of the historic building
or structure in the New Jersey Register of Historic Places.� Whenever such a
building or structure is discovered, a copy of the written notice provided to
the New Jersey Historic Preservation Office shall also be sent to the New
Jersey Historic Trust and to the county historical commission or advisory
committee, the county historical society, the local historic preservation
commission or advisory committee, and the local historical society if any of
those entities exist in the county or municipality wherein the land is located.

���� i.���� (Deleted by amendment,
P.L.2010, c.70)

���� j. (1) Commencing on the date
of enactment of P.L.2004, c.120 (C.13:20-1 et al.) and through June 30, 2024
for lands located in the Highlands Region as defined pursuant to section 3 of
P.L.2004, c.120 (C.13:20-3), when the department, a local government unit, or a
qualifying tax exempt nonprofit organization seeks to acquire lands for
recreation and conservation purposes using constitutionally dedicated moneys in
whole or in part, Green Acres bond act moneys in whole or in part, or
constitutionally dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et
seq.) in whole or in part, it shall conduct or cause to be conducted an
appraisal or appraisals of the value of the lands that shall be made using (a)
the land use zoning of the lands, and any State environmental laws or
Department of Environmental Protection rules and regulations that may affect
the value of the lands, subject to the appraisal and in effect at the time of
proposed acquisition, and (b) the land use zoning of the lands, and any State
environmental laws or Department of Environmental Protection rules and
regulations that may affect the value of the lands, subject to the appraisal
and in effect on January 1, 2004.� The higher of those two values shall be
utilized by the department, a local government unit, or a qualifying tax exempt
nonprofit organization as the basis for negotiation with the landowner with
respect to the acquisition price for the lands.� The landowner shall be
provided with both values determined pursuant to this paragraph.

���� A landowner may waive any of
the requirements of this paragraph and may agree to sell the lands for less
than the values determined pursuant to this paragraph.

���� The provisions of this
paragraph shall be applicable only to lands the owner of which at the time of
proposed acquisition is the same person who owned the lands on the date of
enactment of P.L.2004, c.120 (C.13:20-1 et al.) and who has owned the lands continuously
since that enactment date, or is an immediate family member of that person.

���� (2)�� (Deleted by amendment,
P.L.2010, c.70)

���� (3)�� The requirements of this
subsection shall be in addition to any other requirements of law, rule, or
regulation not inconsistent therewith.

���� (4)�� This subsection shall
not:

���� (a)�� apply in the case of
lands to be acquired with federal moneys in whole or in part;

���� (b)�� (Deleted by amendment,
P.L.2010, c.70); or

���� (c)�� alter any requirements
to disclose information to a landowner pursuant to the "Eminent Domain Act
of 1971," P.L.1971, c.361 (C.20:3-1 et seq.).

���� (5)�� For the purposes of this
subsection, "immediate family member" means a spouse, child, parent,
sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild,
father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild,
stepbrother, stepsister, half brother, or half sister, whether the individual
is related by blood, marriage, or adoption.

���� k.��� The department shall
adopt guidelines for the evaluation and priority ranking process which shall be
used in making decisions concerning the acquisition of lands by the State for
recreation and conservation purposes using moneys from the Garden State Green
Acres Preservation Trust Fund and from any other source.� The guidelines shall
be designed to provide, to the maximum extent practicable and feasible, that
such moneys are spent equitably among the geographic areas of the State.� The
guidelines, and any subsequent revisions thereto, shall be published in the New
Jersey Register.� The adoption of the guidelines or of the revisions thereto,
shall not be subject to the requirements of the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

���� l.���� In making decisions
concerning the acquisition of lands by the State for recreation and
conservation purposes using moneys from the Garden State Green Acres
Preservation Trust Fund, in the evaluation and priority ranking process the
department shall accord three times the weight to acquisitions of lands that
would protect water resources, and two times the weight to acquisitions of
lands that would protect flood-prone areas, as those criteria are compared to
the other criteria in the priority ranking process.

���� m.�� The department, pursuant
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), shall adopt rules and regulations that establish standards and
requirements regulating any activity on lands acquired by the State for recreation
and conservation purposes using constitutionally dedicated moneys to assure
that the activity on those lands does not diminish the protection of surface
water or groundwater resources.

���� Any rules and regulations
adopted pursuant to this subsection shall not apply to activities on lands
acquired prior to the adoption of the rules and regulations.

���� n.��� (1) The department,
within three months after the date of the first meeting of the Highlands Water
Protection and Planning Council established pursuant to section 4 of P.L.2004,
c.120 (C.13:20-4), shall consult with and solicit recommendations from the council
concerning land preservation strategies and acquisition plans in the Highlands
Region as defined in section 3 of P.L.2004, c.120 (C.13:20-3).

���� The council's recommendations
shall also address strategies and plans concerning establishment by the
department of a methodology for prioritizing the acquisition of land in the
Highlands preservation area, as defined in section 3 of P.L.2004, c.120 (C.13:20-3),
for recreation and conservation purposes using moneys from the Garden State
Green Acres Preservation Trust Fund, especially with respect to (a) any land
that has declined substantially in value due to the implementation of the
"Highlands Water Protection and Planning Act," P.L.2004, c.120
(C.13:20-1 et al.), and (b) any major Highlands development, as defined in
section 3 of P.L.2004, c.120 (C.13:20-3), that would have qualified for an
exemption pursuant to paragraph (3) of subsection a. of section 30 of P.L.2004,
c.120 (C.13:20-28) but for the lack of a necessary State permit as specified in
subparagraph (b) or (c), as appropriate, of paragraph (3) of subsection a. of
section 30 of P.L.2004, c.120 (C.13:20-28), and for which an application for
such a permit had been submitted to the Department of Environmental Protection
and deemed by the department to be complete for review on or before March 29,
2004.� The recommendations may also include a listing of specific parcels in
the Highlands preservation area that the council is aware of that meet the
criteria of subparagraph (a) or (b) of this paragraph and for that reason
should be considered by the department as a priority for acquisition, but any
such list shall remain confidential notwithstanding any provision of P.L.1963,
c.73 (C.47:1A-1 et seq.) or any other law to the contrary.

���� (2)�� In making decisions
concerning applications for funding submitted by municipalities in the
Highlands planning area, as defined in section 3 of P.L.2004, c.120
(C.13:20-3), to acquire or develop lands for recreation and conservation
purposes using moneys from the Garden State Green Acres Preservation Trust
Fund, in the evaluation and priority ranking process the department shall
accord a higher weight to any application submitted by a municipality in the
Highlands planning area that has amended its development regulations in
accordance with section 13 of P.L.2004, c.120 (C.13:20-13) to establish one or
more receiving zones for the transfer of development potential from the
Highlands preservation area, as defined in section 3 of P.L.2004, c.120
(C.13:20-3), than that which is accorded to comparable applications submitted
by other municipalities in the Highlands planning area that have not made such
amendments to their development regulations.

���� o.��� Notwithstanding any
provision of P.L.1999, c.152 (C.13:8C-1 et seq.) to the contrary, for State
fiscal years 2005 through 2009, the sum spent by the department in each of
those fiscal years for the acquisition of lands by the State for recreation and
conservation purposes using moneys from the Garden State Green Acres
Preservation Trust Fund in each county of the State shall be not less, and may
be greater if additional sums become available, than the average annual sum
spent by the department therefor in each such county, respectively, for State
fiscal years 2002 through 2004, provided there is sufficient and appropriate
lands within the county to be so acquired by the State for such purposes.

����
p.��� (1)� The department,
in consultation with the committee, shall establish model wildlife management
plans to be adopted and implemented by the State, and by local government
units, as required by paragraph (2) of this subsection.

����
(2)�� Except as otherwise
provided in paragraph (3) of this subsection, whenever the State or a local
government unit seeks to acquire or develop lands for recreation and
conservation purposes using constitutionally dedicated moneys or Green Acres
bond act moneys, in whole or in part, the State or local government unit, as
the case may be, shall adopt one of the model wildlife management plans,
developed pursuant to paragraph (1) of this subsection, for the subject
property, and, in the case of a local government unit, for any other lands
acquired or developed by that local government unit using constitutionally
dedicated moneys or Green Acres bond act moneys, in whole or in part.� No
moneys referenced in this section shall be awarded to a local government unit
until the local government unit has selected, and commits to the implementation
of, one of the model plans, both for the subject property and for any other
lands acquired or developed by that local government unit using
constitutionally dedicated moneys or Green Acres bond act moneys, in whole or
in part.

����
(3)� Notwithstanding the
provisions of paragraph (2) of this subsection to the contrary, whenever a
local government unit seeks to acquire or develop lands for recreation and
conservation purposes using constitutionally dedicated moneys or Green Acres bond
act moneys, in whole or in part, the local government unit, in lieu of adopting
and implementing a model wildlife management plan as required by paragraph (2)
of this subsection, may submit, to the department, a wildlife management plan
prepared by the local government unit prior to the effective date of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill), and, upon the
department�s review and approval thereof, shall be authorized to adopt and
implement such wildlife management plan, both for the subject property and for
any other lands acquired by that local government unit using constitutionally
dedicated moneys or Green Acres bond act moneys, in whole or in part.

(cf:� P.L.2019, c.136, s.8)

���� 2.��� Section 38 of P.L.1999,
c.152 (C.13:8C-38) is amended to read as follows:

���� 38.� a.� All acquisitions or
grants made pursuant to section 37 of P.L.1999, c.152 (C.13:8C-37) shall be
made with respect to farmland devoted to farmland preservation under programs
established by law.

���� b.��� The expenditure and
allocation of constitutionally dedicated moneys for farmland preservation
purposes shall reflect the geographic diversity of the State to the maximum
extent practicable and feasible.

���� c.���� The committee shall
implement the provisions of section 37 of P.L.1999, c.152 (C.13:8C-37) in
accordance with the procedures and criteria established pursuant to the
"Agriculture Retention and Development Act," P.L.1983, c.32
(C.4:1C-11 et seq.) except as provided otherwise by P.L.1999, c.152 (C.13:8C-1
et seq.).

���� d.��� The committee shall
adopt the same or a substantially similar method for determining, for the
purposes of P.L.1999, c.152 (C.13:8C-1 et seq.), the committee's share of the
cost of a development easement on farmland to be acquired by a local government
as that which is being used by the committee on the date of enactment of
P.L.1999, c.152 (C.13:8C-1 et seq.) for prior farmland preservation funding
programs.

���� e.���� Notwithstanding the
provisions of section 24 of P.L.1983, c.32 (C.4:1C-31) or� P.L.1999, c.152
(C.13:8C-1 et seq.), or any rule or regulation adopted pursuant thereto to the
contrary, whenever the value of a development easement on farmland to be
acquired using constitutionally dedicated moneys in whole or in part is
determined based upon the value of any pinelands development credits allocated
to the parcel pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.) and the
pinelands comprehensive management plan adopted pursuant thereto, the committee
shall determine the value of the development easement by:

���� (1) conducting a sufficient
number of fair market value appraisals as it deems appropriate to determine the
value for farmland preservation purposes of the pinelands development credits;

���� (2) considering development
easement values in counties, municipalities, and other areas (a) reasonably
contiguous to, but outside of, the pinelands area, which in the sole opinion of
the committee constitute reasonable development easement values in the
pinelands area for the purposes of this subsection, and (b) in the pinelands
area where pinelands development credits are or may be utilized, which in the
sole opinion of the committee constitute reasonable development easement values
in the pinelands area for the purposes of this subsection;

���� (3) considering land values in
the pinelands regional growth areas;

���� (4) considering the importance
of preserving agricultural lands in the pinelands area; and

���� (5) considering such other
relevant factors, including the rate of inflation, as may be necessary to
increase participation in the farmland preservation program by owners of
agricultural lands located in the pinelands area.

���� f.���� No pinelands
development credit that is acquired or obtained in connection with the
acquisition of a development easement on farmland or fee simple title to
farmland by the State, a local government unit, or a qualifying tax exempt
nonprofit organization using constitutionally dedicated moneys in whole or in
part may be conveyed in any manner.� All such pinelands development credits
shall be retired permanently.

���� g.��� (Deleted by amendment,
P.L.2010, c.70)

���� h.��� Any farmland for which a
development easement or fee simple title has been acquired pursuant to section
37 of P.L.1999, c.152 (C.13:8C-37) shall be entitled to the benefits conferred
by the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et al.) and the
"Agriculture Retention and Development Act," P.L.1983, c.32
(C.4:1C-11 et al.).

���� i.���� (Deleted by amendment,
P.L.2010, c.70)

���� j. (1) Commencing on the date
of enactment of P.L.2004, c.120 (C.13:20-1 et al.) and through June 30, 2024
for lands located in the Highlands Region as defined pursuant to section 3 of
P.L.2004, c.120 (C.13:20-3), when the committee, a local government unit, or a
qualifying tax exempt nonprofit organization seeks to acquire a development
easement on farmland or the fee simple title to farmland for farmland
preservation purposes using constitutionally dedicated moneys in whole or in
part, Green Acres bond act moneys in whole or in part, or constitutionally
dedicated CBT moneys pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.) in whole
or in part, it shall conduct or cause to be conducted an appraisal or
appraisals of the value of the lands that shall be made using (a) the land use
zoning of the lands, and any State environmental laws or Department of
Environmental Protection rules and regulations that may affect the value of the
lands, subject to the appraisal and in effect at the time of proposed acquisition,
and (b) the land use zoning of the lands, and any State environmental laws or
Department of Environmental Protection rules and regulations that may affect
the value of the lands, subject to the appraisal and in effect on January 1,
2004.� The higher of those two values shall be utilized by the committee, a
local government unit, or a qualifying tax exempt nonprofit organization as the
basis for negotiation with the landowner with respect to the acquisition price
for the lands.� The landowner shall be provided with both values determined
pursuant to this paragraph.

���� A landowner may waive any of
the requirements of this paragraph and may agree to sell the lands for less
than the values determined pursuant to this paragraph.

���� The provisions of this
paragraph shall be applicable only to lands the owner of which at the time of
proposed acquisition is the same person who owned the lands on the date of
enactment of P.L.2004, c.120 (C.13:20-1 et al.) and who has owned the lands continuously
since that enactment date, or is an immediate family member of that person.

���� (2) (Deleted by amendment,
P.L.2010, c.70)

���� (3) The requirements of this
subsection shall be in addition to any other requirements of law, rule, or
regulation not inconsistent therewith.

���� (4) This subsection shall not:

���� (a) apply in the case of lands
to be acquired with federal moneys in whole or in part;

���� (b) (Deleted by amendment,
P.L.2010, c.70); or

���� (c) alter any requirements to
disclose information to a landowner pursuant to the "Eminent Domain Act of
1971," P.L.1971, c.361 (C.20:3-1 et seq.).

���� (5) For the purposes of this
subsection, "immediate family member" means a spouse, child, parent,
sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild,
father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent,
stepchild, stepbrother, stepsister, half-brother, or half-sister, whether the
individual is related by blood, marriage, or adoption.

���� k.��� The committee and the
Department of Environmental Protection, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall jointly adopt
rules and regulations that establish standards and requirements regulating any
improvement on lands acquired by the State for farmland preservation purposes
using constitutionally dedicated moneys to assure that any improvement does not
diminish the protection of surface water or groundwater resources.

���� Any rules and regulations
adopted pursuant to this subsection shall not apply to improvements on lands
acquired prior to the adoption of the rules and regulations.

���� l. (1) The committee, within
three months after the date of the first meeting of the Highlands Water
Protection and Planning Council established pursuant to section 4 of P.L.2004,
c.120 (C.13:20-4), shall consult with and solicit recommendations from the
council concerning farmland preservation strategies and acquisition plans in
the Highlands Region as defined in section 3 of P.L.2004, c.120 (C.13:20-3).

���� The council's recommendations
shall also address strategies and plans concerning establishment by the
committee of a methodology for prioritizing the acquisition of development
easements and fee simple titles to farmland in the Highlands preservation area,
as defined in section 3 of P.L.2004, c.120 (C.13:20-3), for farmland
preservation purposes using moneys from the Garden State Farmland Preservation
Trust Fund, especially with respect to farmland that has declined substantially
in value due to the implementation of the "Highlands Water Protection and
Planning Act," P.L.2004, c.120 (C.13:20-1 et al.).� The recommendations
may also include a listing of specific parcels in the Highlands preservation
area that the council is aware of that have experienced a substantial decline
in value and for that reason should be considered by the committee as a
priority for acquisition, but any such list shall remain confidential
notwithstanding any provision of P.L.1963, c.73 (C.47:1A-1 et seq.) or any
other law to the contrary.

���� (2) In prioritizing
applications for funding submitted by local government units in the Highlands
planning area, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), to
acquire development easements on farmland in the Highlands planning area using
moneys from the Garden State Farmland Preservation Trust Fund, the committee
shall accord a higher weight to any application submitted by a local government
unit to preserve farmland in a municipality in the Highlands planning area that
has amended its development regulations in accordance with section 13 of
P.L.2004, c.120 (C.13:20-13) to establish one or more receiving zones for the
transfer of development potential from the Highlands preservation area, as
defined in section 3 of P.L.2004, c.120 (C.13:20-3), than that which is
accorded to comparable applications submitted by other local government units
to preserve farmland in municipalities in the Highlands planning area that have
not made such amendments to their development regulations.

���� m.�� Notwithstanding any
provision of P.L.1999, c.152 (C.13:8C-1 et seq.) to the contrary, for State
fiscal years 2005 through 2009, the sum spent by the committee in each of those
fiscal years for the acquisition by the committee of development easements and
fee simple titles to farmland for farmland preservation purposes using moneys
from the Garden State Farmland Preservation Trust Fund in each county of the
State shall be not less, and may be greater if additional sums become
available, than the average annual sum spent by the department therefor in each
such county, respectively, for State fiscal years 2002 through 2004, provided
there is sufficient and appropriate farmland within the county to be so
acquired by the committee for such purposes.

����
n.��� (1) The committee, in
consultation with the department, shall establish model wildlife management
plans to be adopted and implemented by the State, and by local government
units, as required by paragraph (2) of this subsection.

����
(2)�� Except as otherwise
provided in paragraph (3) of this subsection, whenever the State or a local
government unit seeks to acquire lands, for farmland preservation purposes,
using constitutionally dedicated moneys or Green Acres bond act moneys, in
whole or in part, the State or local government unit, as the case may be, shall
adopt one of the model wildlife management plans, developed pursuant to
paragraph (1) of this subsection.

����
(3)� Notwithstanding the
provisions of paragraph (2) of this subsection to the contrary, whenever a
local government unit seeks to acquire lands, for farmland preservation
purposes, using constitutionally dedicated moneys or Green Acres bond act
moneys, in whole or in part, the local government unit, in lieu of preparing a
wildlife management plan as required by paragraph (2) of this subsection, may
submit, to the committee, a wildlife management plan prepared by the local
government unit prior to the effective date of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), and, upon review and approval
thereof by the committee, in consultation with the department, shall be
authorized to adopt and implement such wildlife management plan for the subject
property.

(cf:� P.L.2023, c.245, s.1)

���� 3.��� Section 3 of P.L.2016,
c.12 (C.13:8C-45) is amended to read as follows:

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

���� "Acquisition" or
"acquire" means the same as that term is defined in section 3 of
P.L.1999, c.152 (C.13:8C-3).

���� "Blue Acres cost"
means the expenses incurred in connection with:� all things deemed necessary or
useful and convenient for the acquisition by the State or a qualifying tax
exempt nonprofit organization, for recreation and conservation purposes, of
lands 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; the execution of any agreements or franchises deemed by the
Department of Environmental Protection to be necessary or useful and convenient
in connection with any Blue Acres project authorized by P.L.2016, c.12
(C.13:8C-43 et seq.); the procurement or provision of appraisal,
archaeological, architectural, conservation, design, engineering, financial,
geological, historic research, hydrological, inspection, legal, planning,
relocation, surveying, or other professional advice, estimates, reports,
services, or studies; the purchase of title insurance; the undertaking of
feasibility studies; the demolition of structures, the removal of debris, and
the restoration of lands to a natural state or to a state useful for recreation
and conservation purposes; the establishment of a reserve fund or funds for
working capital, operating, maintenance, or replacement expenses as the
Director of the Division of Budget and Accounting in the Department of the
Treasury may determine; and reimbursement to any fund of the State of moneys
that may have been transferred or advanced therefrom to any fund established by
�P.L.2016, c.12 (C.13:8C-43 et seq.), or any moneys that may have been expended
therefrom for, or in connection with, P.L.2016, c.12 (C.13:8C-43 et seq.).

���� "Blue Acres project"
means any project of the State or a qualifying tax exempt nonprofit
organization to acquire, for recreation and conservation purposes, lands 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.

���� "Commissioner" means
the Commissioner of Environmental Protection.

���� "Committee" means
the State Agriculture Development Committee established pursuant to section 4
of P.L.1983, c.31 (C.4:1C-4).

���� "Constitutionally
dedicated CBT moneys" means any moneys made available pursuant to Article
VIII, Section II, paragraph 6 of the State Constitution deposited in the funds
established pursuant to sections 6, 7, 8, and 9 of P.L.2016, c.12 (C.13:8C-48
through C.13:8C-51), and appropriated by law, for recreation and conservation,
farmland preservation, or historic preservation purposes set forth in Article
VIII, Section II, paragraph 6 of the State Constitution or P.L.2016, c.12
(C.13:8C-43 et seq.).

���� "Convey" or
"conveyance" means the same as that term is defined in section 3 of
P.L.1999, c.152 (C.13:8C-3).

���� "Cost" means the
expenses incurred in connection with:� all things deemed necessary or useful
and convenient for the acquisition or development of lands for recreation and
conservation purposes, the acquisition of development easements or fee simple
titles to farmland, or the preservation of historic properties, as the case may
be; the execution of any agreements or franchises deemed by the Department of
Environmental Protection, State Agriculture Development Committee, or New
Jersey Historic Trust, as the case may be, to be necessary or useful and
convenient in connection with any project funded in whole or in part using
constitutionally dedicated CBT moneys; the procurement or provision of
appraisal, archaeological, architectural, conservation, design, engineering,
financial, geological, historic research, hydrological, inspection, legal,
planning, relocation, surveying, or other professional advice, estimates,
reports, services, or studies; the purchase of title insurance; the undertaking
of feasibility studies; materials and labor costs for stewardship activities,
but not overhead or administration costs for such activities; the establishment
of a reserve fund or funds for working capital, operating, maintenance, or
replacement expenses, as the Director of the Division of Budget and Accounting
in the Department of the Treasury may determine; and reimbursement to any fund
of the State of moneys that may have been transferred or advanced therefrom to
any fund established by P.L.2016, c.12 (C.13:8C-43 et seq.), or any moneys that
may have been expended therefrom for, or in connection with, P.L.2016, c.12
(C.13:8C-43 et seq.).

���� "Department" means
the Department of Environmental Protection.

���� "Development" or
"develop" means, except as used in the definitions of
"acquisition" and "development easement" in this section,
any improvement, including a stewardship activity, made to a land or water area
designed to expand and enhance its utilization for recreation and conservation
purposes, and shall include the construction, renovation, or repair of any such
improvement, but shall not mean shore protection or beach nourishment or
replenishment activities.

���� "Development
easement" means the same as that term is defined in section 3 of P.L.1999,
c.152 (C.13:8C-3).

���� "Emergency
intervention" means an immediate assessment or capital improvement
necessary to protect or stabilize the structural integrity of a historic
property.

���� "Farmland" means the
same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

���� "Farmland
preservation," "farmland preservation purposes," or
"preservation of farmland" means the same as those terms are defined
in section 3 of P.L.1999, c.152 (C.13:8C-3).

���� "Garden State
Preservation Trust" or "trust" means the Garden State
Preservation Trust established pursuant to section 4 of P.L.1999, c.152
(C.13:8C-4).

���� "Green Acres bond
act" means:� P.L.1961, c.46; P.L.1971, c.165; P.L.1974, c.102; P.L.1978,
c.118; P.L.1983, c.354; P.L.1987, c.265; P.L.1989, c.183; P.L.1992, c.88;
P.L.1995, c.204; P.L.2007, c.119; P.L.2009, c.117; and any State general obligation
bond act that may be approved after the date of enactment of P.L.2016, c.12
(C.13:8C-43 et seq.) for the purpose of providing funding for the acquisition
or development of lands for recreation and conservation purposes or for
farmland preservation purposes.

���� "Historic
preservation," "historic preservation purposes," or
"preservation of historic properties" means the same as those terms
are defined in section 3 of P.L.1999, c.152 (C.13:8C-3) and shall also include
emergency intervention and the acquisition of a historic preservation easement.

���� "Historic preservation
easement" means an interest in land, less than fee simple title thereto,
that is purchased from a private or governmental property owner to permanently
protect a historic property, and that is granted by the property owner to the
New Jersey Historic Trust, a local government unit, or a qualifying tax exempt
nonprofit organization.

���� "Historic property"
means the same as that term is defined in section 3 of P.L.1999, c.152
(C.13:8C-3).

���� "Land" or
"lands" means the same as that term is defined in section 3 of
P.L.1999, c.152 (C.13:8C-3).

���� "Local government
unit" means the same as that term is defined in section 3 of P.L.1999,
c.152 (C.13:8C-3).

���� "New Jersey Historic
Trust" means the entity established pursuant to section 4 of P.L.1967,
c.124 (C.13:1B-15.111).

���� "Permitted
investments" means the same as that term is defined in section 3 of
P.L.1999, c.152 (C.13:8C-3).

���� "Preserve New Jersey Blue
Acres Fund" means the Preserve New Jersey Blue Acres Fund established
pursuant to section 7 of P.L.2016, c.12 (C.13:8C-49).

���� "Preserve New Jersey
Farmland Preservation Fund" means the Preserve New Jersey Farmland
Preservation Fund established pursuant to section 8 of P.L.2016, c.12
(C.13:8C-50).

���� "Preserve New Jersey
Green Acres Fund" means the Preserve New Jersey Green Acres Fund
established pursuant to section 6 of P.L.2016, c.12 (C.13:8C-48).

���� "Preserve New Jersey
Historic Preservation Fund" means the Preserve New Jersey Historic
Preservation Fund established pursuant to section 9 of P.L.2016, c.12
(C.13:8C-51).

���� "Preserve New Jersey Fund
Account" means the Preserve New Jersey Fund Account established pursuant
to section 4 of P.L.2016, c.12 (C.13:8C-46).

���� "Project" means all
things deemed necessary or useful and convenient in connection with the
acquisition or development of lands for recreation and conservation purposes,
the acquisition of development easements or fee simple titles to farmland, or
the preservation of historic properties, as the case may be.

���� "Qualifying tax exempt
nonprofit organization" means the same as that term is defined in section
3 of P.L.1999, c.152 (C.13:8C-3).

���� "Recreation and
conservation purposes" means the same as that term is defined in section 3
of P.L.1999, c.152 (C.13:8C-3).

���� "Stewardship
activity"
or �stewardship�
means an activity,
[
which is
]
beyond
routine operations and maintenance,
which is
undertaken
either:
�
by the State, a local government unit, or a qualifying tax exempt nonprofit
organization
, in order
to repair
[
,
]
or restore
lands
that have been
acquired or developed for recreation and
conservation purposes
,
for the purpose of enhancing or protecting those lands
for recreation and conservation purposes
[
.�
For the purposes of the farmland preservation program, "stewardship
activity" means an activity, which is beyond routine operation and
maintenance, undertaken
]
;
or
by
[
the
]

a

landowner
[
,
]
or a farmer
operator
acting
as an agent
[
of
the landowner
]

thereof
,
in order
to repair, restore, or improve lands preserved for
farmland preservation purposes
[
,
including,
]
.�
�Stewardship activity� includes,
but
shall
not
be
limited to
[
,
]
:� any
activity or task which is undertaken, on preserved farmland, either for the
purposes of a
soil and water conservation
[
projects
]

project,

approved pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24)
[
and projects
that improve
]
,
or for the purposes of otherwise improving or facilitating an improvement in

the resiliency of farmland soils
; and any activity or task which is
undertaken, either on preserved farmland or on land acquired or developed for
recreation or conservation purposes, for the purposes of implementing a
wildlife management plan that has been adopted for, and is applicable to, such
land, pursuant to subsection p. of section 26 of P.L.1999, c.152 (C.13:8C-26)
or subsection n. of section 38 of P.L.1999, c.152 (C.13:8C-38)
.

(cf:� P.L.2019, c.136, s.2)

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

STATEMENT

���� This bill would direct the
Department of Environmental Protection (DEP), in consultation with the State
Agriculture Development Committee (SADC), to adopt model wildlife management
plans for use by local public entities that seek to acquire or develop land for
recreational and conservation (open space) purposes, and it would further
direct the SADC, in consultation with the DEP, to adopt model wildlife
management plans for use by local public entities that are seeking funds to
acquire and preserve farmland.� The bill would further provide that, whenever
the State or a local government unit seeks to acquire or develop lands for
recreational or conservation purposes, or for farmland preservation purposes,
using constitutionally dedicated moneys or Green Acres bond act moneys in whole
or in part, it will be required to adopt and implement, at the subject
property, one of the model wildlife management plans that have been
cooperatively developed by the DEP and SADC under the bill�s provisions.� A
local government unit would also be required to be implement the plan selected
thereby at other parcels of land which have been acquired thereby, for
recreational and conservation purposes, using constitutionally dedicated moneys
or Green Acres bond act moneys in whole or in part.�

���� The bill would authorize a
local government unit, in lieu of adopting one of the new model wildlife
management plans developed under the bill, to submit to the DEP or SADC, as the
case may be, a wildlife management plan that has been prepared by the local
government unit prior to the bill�s effective date, and to adopt and implement
such pre-existing wildlife management plan, both at the subject property and at
other relevant parcels of land owned thereby, upon the DEP�s or SADC�s approval
thereof.

���� Finally, the bill would amend
the �Preserve New Jersey Act,� P.L.2016, c.12 (C.13:8C-43 et seq.), in order to
clarify that wildlife management activities or tasks, which are undertaken on
preserved open space or farmland in accordance with a wildlife management plan
adopted pursuant to the bill�s provisions, are to be understood to constitute a
type of �stewardship activity� for which Corporation Business Tax (CBT)
revenues, which have been constitutionally dedicated for the stewardship of
preserved open space and farmland, may be appropriated, allocated, and
expended.

���� Existing law does not
currently require the owners or operators of publicly owned open space or
preserved farmland to adopt or implement wildlife management plans for or on
such properties; nor does it authorize the use of constitutionally dedicated
CBT funds for wildlife management planning undertaken for the benefit of such
parcels.