Establishes Urban and Suburban Agriculture Commission; requires Department of Agriculture to implement soil and water testing program; establishes grant program to assist individuals in purchasing equipment for certain agricultural operations; and appropriates $1 million.

A4027

ASSEMBLY, No. 4027

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

���� Establishes Urban and Suburban Agriculture
Commission; requires Department of Agriculture to implement soil and water
testing program; establishes grant program to assist individuals in purchasing
equipment for certain agricultural operations; and appropriates $1 million.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning agricultural operations in urban and
suburban areas of the State, supplementing Title 4 of the Revised Statutes, and
making an appropriation.

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

���� 1.� As used in this act:

���� �Agricultural operation� means
the use of lands for agricultural purposes, including, but not limited to, a
community garden or any operation that involves the growing or harvesting of
plants or crops.

���� �Commission� means the �Urban
and Suburban Agriculture Commission� established pursuant to section 2 of this
act.

���� �Department� means the
Department of Agriculture.

���� �Grant program� means the
�Urban and Suburban Agriculture Grant Program� established pursuant to section
5 of this act.

���� �Qualified applicant� means a
landowner or lessee who seeks to establish, or currently operates, an
agricultural operation in an urban or suburban area of the State, and who meets
any other eligibility requirements that the department may deem appropriate.

���� �Urban and suburban area�
means any municipality that: (1) has a population density of greater than 1,500
people per square mile, according to the latest federal decennial census; or
(2) any municipality that has a total population of at least 50,000 people,
according to the latest federal decennial census.

���� 2.� a.� There is established
in the Department of Agriculture the �Urban and Suburban Agriculture
Commission.�

���� b.� The commission shall
consist of seven members, as follows:

���� (1) the Secretary of
Agriculture or their designee, who shall serve ex officio;

���� (2) the Commissioner of
Environmental Protection or their designee, who shall serve ex officio;

���� (3) the Executive Director of
the State Agriculture Development Committee or their designee, who shall serve
ex officio; and

���� (4) four members of the public
with expertise in, or experience related to, urban and suburban agriculture
operations, including, but not limited to, urban planning, agricultural
development, or environmental engineering, to be appointed by the Governor.

���� c.� Any vacancy in the
membership of the commission shall be filled in the same manner as the original
appointment.

���� d.� Members of the commission
shall be appointed within 30 days after the effective date of this act, and
shall hold their initial organizational meeting as soon as practicable, but no
later than 30 days following appointment of a majority of its authorized
membership.� The Secretary of Agriculture shall serve as the Chairperson of the
commission.� At the initial organizational meeting, the members shall elect a
vice-chairperson from among the members of the commission by a majority vote of
the members present.

���� e.� Members of the commission
shall serve without compensation, but the commission may reimburse its members
for necessary expenses incurred in the discharge of their duties.

���� f.���� A majority of all the
authorized members of the commission shall constitute a quorum, and no action
of the commission shall be taken without the affirmative vote of a majority of
all the authorized members of the commission, except for the election of the
vice-chairperson at the initial organizational meeting pursuant to subsection
d. of this section.

���� g.� The Department of
Agriculture shall provide primary staff support to the commission.

���� 3.� a.� The duties of the
commission shall be to:

���� (1) develop a program, to be
implemented by the Department of Agriculture pursuant to section 4 of this act,
for landowners or lessees seeking to establish, or currently operating, an
agricultural operation in an urban or suburban area of the State to obtain soil
and water supply testing to determine if the soil and water supply is suitable
for an agricultural operation, which shall include establishing:

���� (a) soil and water supply
testing standards and protocols for lands to be used as agricultural operations
in urban and suburban areas of the State;

���� (b) application and
eligibility criteria for the soil and water supply testing;

���� (c) a procedure for conducting
the soil and water supply testing; and

���� (d) a procedure for notifying
landowners or lessees of the results of the soil or water supply testing,
including providing information related to any required remediation of the soil
or water supply that may be necessary if the soil or water supply testing
results determined that the soil or water supply was unsuitable for an
agricultural operation;

���� (2) develop educational
courses and disseminate educational materials concerning the establishment,
operation, and maintenance of agricultural operations in urban and suburban
areas of the State.� The educational courses and materials shall include, at a
minimum, information concerning:

���� (a) the types of agricultural
operations that are suitable for urban and suburban areas;

���� (b) how to operate and
maintain agricultural operations in urban and suburban areas;

���� (c) the benefits of
agricultural operations in urban and suburban areas;

���� (d) the types of plants and
nuts that can be foraged safely in urban and suburban areas of the State; and

���� (e) any other information that
the commission determines necessary; and

���� (3) examine the types of
equipment that may be necessary or useful for establishing or operating
agricultural operations in urban or suburban areas of the State.

���� b.� The commission shall
prepare a report to the Governor, the Legislature, in accordance with the
requirements of section 2 of P.L.1991, c.164 (C.52:14-19.1), and the Department
of Agriculture that contains, at a minimum, information related to the:

���� (1) soil and water supply
testing program established by the commission pursuant to paragraph (1) of
subsection a. of this section;

���� (2) educational courses and
materials provided by the commission; and

���� (3) the types of equipment
that the commission determined may be necessary or useful in establishing or
operating agricultural operations in urban or suburban areas of the State.

���� c.� The commission shall
submit additional reports, as necessary, to the Governor, the Legislature, in
accordance with the requirements of section 2 of P.L.1991, c.164
(C.52:14-19.1), and the Department of Agriculture to reflect any changes that
have been made to the soil and water supply testing program, the educational
courses or materials, or the recommended equipment since the submission of the
initial report pursuant to subsection b. of this section.

���� 4.� a.� No later than six
months after the commission�s submission of its initial report pursuant to
subsection b. of section 3 of this act, the department shall establish the soil
and water supply testing program developed by the commission pursuant to paragraph
(1) of subsection a. of section 3 of this act.� The department shall utilize
the soil and water supply testing standards and protocols, the application and
eligibility criteria, the procedures for conducting the soil and water supply
testing, and the procedures for notifying applicants concerning the results of
the soil and water supply testing developed by the commission pursuant to
paragraph (1) of subsection a. of section 3 of this act.

���� b.� In implementing the soil
and water supply testing program, the department shall consult with the
commission before making any changes to the implementation of the soil and
water supply testing program developed by the commission.

���� c.� The department shall
prepare and submit an annual report to the Governor, the Legislature, in
accordance with the requirements of section 2 of P.L.1991, c.164
(C.52:14-19.1), and the commission concerning the effectiveness of the soil and
water supply testing program.� The report shall include, at a minimum,
information related to the:

���� (a) number of applicants that
applied for soil and water supply testing during the year;

���� (b) methods utilized to
conduct the soil and water supply testing during the year;

���� (c) number of applicants whose
soil and water supply testing results determined that the soil and water supply
was suitable for use as an agricultural operation during the year;

���� (d) number of applicants whose
soil and water supply testing results determined that the soil and water supply
was not suitable for use as an agricultural operation during the year; and

���� (e) amount of money that was
spent on soil and water supply testing during the year.

���� 5.� a.� The department shall
establish and administer the �Urban and Suburban Agriculture Grant Program� for
the purpose of providing grants to qualified applicants for the purchase of
certain equipment to be used at agricultural operations in urban or suburban
areas of the State.

���� b.� In establishing the grant
program, the department shall:

���� (1) develop guidelines and
procedures for the submission of grant applications and criteria for the
evaluation of such applications;

���� (2) establish terms and
conditions for the awarding of a grant under this section; and

���� (3) consider the findings of
the commission related to the types equipment that may be necessary or useful
for establishing or operating agricultural operations in urban or suburban
areas of the State pursuant to paragraph (3) of subsection a. of section 3 this
act.

���� c.� To qualify for the grant
program, a qualified applicant shall demonstrate to the department that the
qualified applicant:

���� (1) intends to use the grant
to purchase equipment for use at an agricultural operation in an urban or
suburban area of the State; and

���� (2) meets any other
eligibility requirement that the department may deem appropriate.

���� d.� A qualified applicant that
applies for a grant pursuant to this section shall submit an application to the
department in a form and manner prescribed by the department.� In addition to
any other information that the department may deem appropriate, the application
shall require the qualified applicant to submit information:

���� (1) demonstrating that the
qualified applicant meets the eligibility requirements established pursuant to
subsection c. of this section;

���� (2) outlining the anticipated
use of the grant, including a detailed explanation of the types of equipment to
be purchased using the grant and the ways the equipment will be utilized at the
agricultural operation; and

���� (3) estimating the amount of
the grant funding that would be required to purchase the equipment outlined
pursuant to paragraph (2) of this subsection.

���� e.� The department may approve
applications for the grant program on a rolling basis, subject to the
availability of funding for the grant program.

���� f.� Upon approval of an
application, the department shall provide a grant, in an amount not to exceed
$10,000, to the qualified applicant to support the costs of purchasing certain
equipment to be used at the qualified applicant�s agricultural operation.� The
maximum amount of funding to be provided under the grant program shall be
$250,000.

���� g.� The department shall
prepare and submit a report on the �Urban and Suburban Agriculture Grant
Program� to the Governor, and pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature, and make the report available on the department�s
Internet website, no later than one year after the first grant to a qualified
applicant is awarded, and annually thereafter until all funding for the grant
program is depleted.� The report shall include the number of qualified
applicants that applied for the grant program, the number and names of the
qualified applicants approved for the grant program, the total number of grants
distributed, the amount received per qualified applicant, and any other
information the department determines necessary to evaluate the progress of the
grant program.

���� 6.� a.� The department shall
establish a reimbursement program for the purpose of reimbursing individuals
that elect to take an educational course established by the commission pursuant
to paragraph (2) of subsection a. of section 3 of this act.

���� b.� In establishing the
reimbursement program, the department shall develop a process for individuals
who have taken an educational course established by the commission pursuant to
paragraph (2) of subsection a. of section 3 of this act to submit documentation
to the department that demonstrates that the individual:

���� (1) signed up for, and
attended, the educational course; and

���� (2) paid for the educational
course, including the amount that the individual paid for the educational
course.

���� c.� Upon receipt of the
documentation required pursuant to subsection b. of this section, the
department shall provide reimbursement, in an amount to be determined by the
department, to the individual that provided the required documentation.� The
maximum amount of funding to be provided under the reimbursement program shall
be $100,000.

���� d.� The department shall
publish on the department�s Internet website information related to the
educational courses established by the commission pursuant to paragraph (2) of
subsection a. of section 3 of this act and the reimbursement program offered by
the department pursuant to this section.

���� e.� The department shall
prepare and submit a report to the Governor, and pursuant to section 2 of
P.L.1991, c.164 (C.52:14-19.1), to the Legislature, concerning the
effectiveness of the reimbursement program.� The report shall contain, at a
minimum, information related to the number of individuals that applied for
reimbursement under the reimbursement program during the year and the total
amount of money spent providing reimbursements under the reimbursement program
during the year.

���� 7.� The department may adopt
rules and regulations, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), necessary for the implementation of this
act.

���� 8.� There is annually
appropriated from the General Fund to the Department of Agriculture the sum of
$1 million to effectuate the purposes of this act.� Of these monies, $650,000
shall be for the soil and water supply testing program established by the
department pursuant to section 4 of this act, $100,000 shall be for the
reimbursement program established pursuant to section 6 of this act, and
$250,000 shall be for the provision of grants under the grant program
established pursuant to section 5 of this act.

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

STATEMENT

���� This bill would establish the
�Urban and Suburban Agriculture Commission� (commission) within the Department
of Agriculture (department).� The commission would be required to consist of
seven members, as follows: (1) the Secretary of Agriculture or their designee;
(2) the Commissioner of Environmental Protection or their designee; (3) the
Executive Director of the State Agriculture Development Committee or their
designee; and (4) four members of the public with expertise in, or experience
related to, urban and suburban agriculture operations, to be appointed by the
Governor.

���� Under the bill, the commission
would be required to: (1) develop a program, to be implemented by the
department, for landowners or lessees seeking to establish, or currently
operating, an agricultural operation in an urban or suburban area of the State
to obtain soil and water supply testing to determine if the soil and water
supply is suitable for an agricultural operation; (2) develop educational
courses concerning the establishment, operation, and maintenance of
agricultural operations in urban and suburban areas of the State; and (3)
examine the types of equipment that may be necessary or useful for establishing
or operating agricultural operations in urban or suburban areas of the State.

���� Under the bill, the department
would be required to establish the soil and water supply testing program
developed by the commission.� In establishing the soil and water supply testing
program, the department would be required to consult with the commission before
making any changes to the implementation of the soil and water supply testing
program developed by the commission.� The department would be required to
submit an annual report to the Governor and Legislature concerning the
effectiveness of the soil and water supply testing program.

���� In addition, the bill would
require the department to establish the �Urban and Suburban Agriculture Grant
Program� (grant program) for the purpose of providing grants to qualified
applicants for the purchase of certain equipment to be used at agricultural
operations in urban or suburban areas of the State.� In establishing the grant
program, the department would be required to: (1) develop guidelines and
procedures for the submission of grant applications and criteria for the
evaluation of such applications; (2) establish terms and conditions for the
awarding of a grant; and (3) consider the findings of the commission related to
the types equipment that may be necessary or useful for establishing or
operating agricultural operations in urban or suburban areas of the State.

���� A qualified applicant that
applies for a grant under the grant program would be required to submit an
application to the department that includes information: (1) demonstrating that
the qualified applicant meets the eligibility requirements set forth in the
bill; (2) outlining the anticipated use of the grant, including a detailed
explanation of the types of equipment to be purchased using the grant and the
ways the equipment will be utilized at the agricultural operation; and (3)
estimating the amount of the grant funding that would be required to purchase
the equipment.� Upon approval of an application, the department would be
required to provide a grant, in an amount not to exceed $10,000, to the
qualified applicant to support the costs of purchasing certain equipment to be
used at the qualified applicant�s agricultural operation.� The maximum amount
of funding to be provided under the grant program is $250,000.

���� In addition, the department
would be required to establish a reimbursement program for the purpose of
reimbursing individuals that elect to take an educational course established by
the commission pursuant to bill�s provisions.� In order to be eligible for a
reimbursement, individuals would be required to submit documentation to the
department demonstrating that the individual: (1) signed up for, and attended,
the educational course; and (2) paid for the educational course.� Upon receipt
of the required documentation, the department would be required to provide
reimbursement, in an amount to be determined by the department, to the
individual that provided the required documentation. The maximum amount of
funding to be provided under the reimbursement program is $100,000.

���� Finally, the bill would
appropriate $1 million from the General Fund to the Department of Agriculture
to effectuate the purposes of the bill.� Of the monies appropriated, $650,000
would be for the soil and water supply testing program, $100,000 would be for
the reimbursement program, and $250,000 would be for the provision of grants
under the grant program.

���� It is the sponsor�s belief
that farming and agriculture should not be viewed as taking place exclusively
in rural areas of the State.� All residents, no matter where they live, should
have the satisfaction of planting, nurturing, and consuming produce that is created
by their own hands. �For this reason, the State should assist in increasing
agricultural opportunities in urban and suburban areas of the State by
providing training, equipment, and testing for individuals who reside in those
areas of the State.