Authorizes counties to establish mentoring programs for, and resell preserved farmland at reduced price to, beginning farmers.

A4032

ASSEMBLY, No. 4032

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Authorizes counties to establish mentoring programs
for, and resell preserved farmland at reduced price to, and beginning farmers.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the
establishment of mentoring
programs for, and the resale of certain preserved farmland to, beginning
farmers by counties and amending P.L.1983, c.32 and P.L.2016, c.12.

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

���� 1.� Section 9 of P.L.1983,
c.32 (C.4:1C-16) is amended to read as follows:

���� 9.� Every board may:

���� a.�
[
Develop
]

develop
an educational
and informational program concerning farmland preservation techniques and
recommended agricultural management practices to advise and assist
municipalities, farmers and the general public with respect to the
implementation of these techniques;

���� b.�
[
Provide
]

provide
assistance to
farm operators concerning permit applications and� information regarding the
regulatory practices of State government agencies
; and

����
c.� establish a beginning
farmer mentoring program by which experienced farmers provide guidance, advice,
and other appropriate assistance to beginning farmers
.

(cf: P.L.1983, c.32, s.9)

���� 2.� Section 8 of P.L.2016,
c.12 (C.13:8C-50) is amended to read as follows:

���� 8.� a.� The State Treasurer
shall establish a fund to be known as the "Preserve New Jersey Farmland
Preservation Fund" and shall deposit all moneys received pursuant to
paragraph (3) of subsection a. of section 5 of P.L.2016, c.12 (C.13:8C-47),
paragraph (2) 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.

���� b. (1) The moneys in the fund
are specifically dedicated and shall be used for the same purposes as those set
forth in section 37 of P.L.1999, c.152 (C.13:8C-37) and as provided in
[
paragraph (2)
]
of this
subsection.

���� (2) Of the moneys deposited
into the Preserve New Jersey Farmland Preservation Fund:� (a) in State fiscal
year 2017 through and including State fiscal year 2019, up to three percent
shall be allocated by the committee on an annual basis for stewardship activities;
and (b) commencing in State fiscal year 2020 and annually thereafter, up to
four percent shall be allocated by the committee on an annual basis for
stewardship activities.

���� (3) Notwithstanding any
provision of P.L.2016, c.12 (C.13:8C-43 et seq.) to the contrary, stewardship
activities undertaken on farmland on which (a) the pinelands development
credits have been acquired pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.), and
the pinelands comprehensive management plan adopted pursuant thereto, or the
development rights have been acquired pursuant to a transfer of development
rights program for the Highlands Region established pursuant to section 13 of
P.L.2004, c.120 (C.13:20-13), and (b) there is deed restriction approved by the
committee, shall be eligible for funding pursuant to paragraph (2) of this
subsection.

����
(4) (a) Notwithstanding the
provisions of section 2 of P.L.2009. c.147 (C.4:1C-37.1) or paragraph (2) of
subsection a. of section 37 of P.L.1999, c.152 (C.13:8C-37), or any rule or
regulation adopted pursuant thereto, to the contrary, a county or county
agriculture development board may resell or lease real property acquired in fee
simple for farmland preservation purposes to a beginning farmer at a price less
than that paid for the acquisition of the fee simple title by the county or
county agriculture development board, as applicable, provided that the land shall
be resold or leased with agricultural deed restrictions, as determined by the
committee, and any proceeds received from a resale or lease shall be dedicated
for farmland preservation purposes and the State's pro rata share of any such
proceeds shall be deposited in the Preserve New Jersey Farmland Preservation
Fund to be used for the purposes of that fund.� For any sale or lease of land
for farmland preservation purposes to a beginning farmer pursuant to this
paragraph, the State�s pro rata share of the proceeds may be reduced to reflect
the reduction in price paid by the beginning farmer.

����
(b) As used in this paragraph:

����
�Beginning farmer� means a
person who desires to engage in farming and has never farmed before, who has
engaged in farming in the State for 10 years or less as of the effective date
of P.L.��� , c.���� (C.���� ) (pending before the Legislature as this bill), or
who qualifies as a first-time farmer pursuant to 26 U.S.C. s.147(c)(2).

����
�Farming� means the
cultivation of land for agricultural or horticultural production.

���� c.���� 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
Farmland Preservation 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 b. of section 23 of P.L.1999,
c.152 (C.13:8C-23).

���� d.��� Unexpended moneys due to
project withdrawals, cancellations, or cost savings shall be returned to the
fund.

���� e.���� Notwithstanding the
provisions of section 24 of P.L.1983, c.32 (C.4:1C-31) or section 38 of
P.L.1999, c.152 (C.13:8C-38), or any rule or regulation adopted pursuant
thereto, to the contrary, when the committee, a local government unit, or a
qualifying tax exempt nonprofit organization seeks to acquire a development
easement on, or fee simple title to, farmland using, in whole or in part,
monies deposited into the Preserve New Jersey Farmland Preservation Fund, the
Garden State Farmland Preservation Trust Fund established pursuant to section
20 of P.L.1999, c.152 (C.13:8C-20), or any other State monies provided for
farmland preservation purposes, the value of the development easement, or fee
simple title, as applicable, shall be determined by the following:

���� (1) the procedure set forth in
section 24 of P.L.1983, c.32 (C.4:1C-31);

���� (2) a value determined in
accordance with a formula, to be known as the "Statewide Farmland
Preservation Formula," which formula is established by rule or regulation
adopted by the committee, pursuant to subsection f. of this section, and includes:

���� (a) conducting or analyzing a
sufficient number of fair market value appraisals of agricultural lands within
the municipality in which the land is located, or the surrounding market area,
or both, as the committee deems appropriate to determine the value of the land
for farmland preservation;

���� (b) considering farmland and
development easement values in counties and municipalities reasonably
contiguous to, but outside of, the municipality in which the land to be
acquired is located, which in the sole opinion of the committee constitute
reasonable farmland and development easement values for the purposes of this
subsection;

���� (c) considering the importance
of preserving agricultural lands in the municipality and county in which the
land is located;

���� (d) considering the status and
value of natural resources in the municipality and county in which the land is
located, and in counties and municipalities that are reasonably contiguous to,
but outside of, the municipality and county in which the land is located;

���� (e) considering such other
relevant factors as may be necessary to increase participation in the farmland
preservation program by owners of agricultural lands located in the
municipality and county in which the land is located, including, but not
limited to, the rate of inflation, the quality of the agricultural soils, the
size of the agricultural lands to be acquired, and the risk of conversion of
the land from productive agriculture to nonagricultural use; and

���� (f) providing additional value
for the proximity of agricultural lands located adjacent to preserved
agricultural lands, lands preserved for recreation and conservation purposes,
aquifer recharge areas, lands subject to development or conservation easements,
and lands whose conversion to nonagricultural use would lead to conflicting
land uses, including, but not limited to, utility and roadway rights-of-way,
military bases, and airports and associated airspace; and, if applicable,

���� (3) (a) in the case of
property located in the pinelands area, whenever the value of a development
easement on farmland to be acquired 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 value determined by the committee pursuant to subsection
e. of section 38 of P.L.1999, c.152 (C.13:8C-38); or

���� (b) in the case of property
located in the Highlands Region, the value determined pursuant to subsection j.
of section 38 of P.L.1999, c.152 (C.13:8C-38).

���� The landowner shall be
provided with the values determined pursuant to paragraphs (1) and (2) of this
subsection, and if applicable, the value determined pursuant to paragraph (3)
of this subsection.� The higher of the 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.� A landowner may waive any of the requirements of this subsection and
may agree to sell the lands for less than the values determined pursuant to
this subsection.

���� f.���� Notwithstanding the
provisions of the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.) to the contrary, the committee shall, immediately upon
filing proper notice with the Office of Administrative Law, adopt rules and
regulations to establish the "Statewide Farmland Preservation
Formula" required pursuant to paragraph (2) of subsection e. of this
section.� The rules and regulations adopted pursuant to this subsection shall
be in effect for a period not to exceed three years after the date of the
filing.� These rules and regulations shall thereafter be adopted, amended, or
readopted by the committee in accordance with the requirements of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(cf: P.L.2023, c.245, s.2)

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

STATEMENT

���� This bill would authorize county
agriculture development boards (CADBs) to establish mentoring programs for beginning
farmers and authorize counties and CADBs to resell preserved farmland to beginning
farmers at a price below what the county paid for the land.�

���� The bill would expand the
powers of CADBs by authorizing them to establish beginning farmer mentoring
programs by which experienced farmers provide guidance, advice, and other
appropriate assistance to beginning farmers.

���� In addition, the bill would
specify that a county or CADB may resell or lease preserved farmland, acquired
in fee simple by a county, to a beginning farmer, as defined in the bill, for
an amount less than that originally paid by the county or CADB, as applicable. �Under
the bill, the land would be subject to agricultural deed restrictions as
required by current law.� However, the bill provides that for any sale or lease
of land for farmland preservation purposes to a beginning farmer pursuant to the
bill, the State�s pro rata share of the proceeds may be reduced to reflect the
reduction in price paid by the beginning farmer.

���� Under current law, the State
Agriculture Development Committee (SADC) provides grants to counties to pay up
to 80 percent of the cost of acquisition of fee simple titles to farmland from
willing sellers for farmland preservation purposes.� Current law, and SADC
rules and regulations, require that such land be offered for resale or lease
with agricultural deed restrictions and that the proceeds received be dedicated
for farmland preservation purposes, with the SADC�s pro rate share of the
proceeds deposited into the applicable farmland preservation fund.� Current
funding for farmland preservation is provided from constitutionally dedicated
corporation business tax (CBT) revenues pursuant to Article VIII, Section II,
paragraph 6 of the State Constitution, approved by the voters of the State in
November 2014.� The �Preserve New Jersey Act,� P.L.2016, c.12 (C.13:8C-43 et
seq.), implements the constitutional dedication of CBT revenues for open space,
farmland, and historic preservation.� The �Preserve New Jersey Farmland
Preservation Fund� was established pursuant to section 8 of the �Preserve New
Jersey Act.�

���� New Jersey has long committed
to preserving farmland, however New Jersey cannot rest on the success of land
preservation.� The State needs to do much more to preserve farming and take
further action to preserve its farmers as well.� This bill is intended to provide
an incentive for, and encouragement to, people who take up the vital and
historic role of farmer.� Currently, the average age of a farmer in the United
States is 57.5 years.� The national average age has increased by 1.6 percent
annually since 1994, on average, according to the 2017 Census of Agriculture
conducted by the United States Department of Agriculture.� The average age of a
New Jersey farmer is 59.7 years, according to the same report.� �