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A4379
ASSEMBLY, No. 4379
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Establishes State Agriculture Development Committee
program preserving farmland in danger of being developed for certain
development projects; appropriates $50 million from Global Warming Solutions
Fund.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning
farmland preservation, supplementing
P.L.1983, c.32 (C.4:1C-11 et al.), amending P.L.2007, c.340, and making an
appropriation.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� (New section) As used in sections
1 through 8 of P.L. , c. (C. )
(pending before the Legislature as this bill):
���� �Agricultural or horticultural
land� or �land� means land deemed actively devoted to agricultural or
horticultural use pursuant to the "Farmland Assessment Act of 1964,"
P.L.1964, c.48 (C.54:4-23.1 et seq.).
���� �Committee� means the State
Agriculture Development Committee established pursuant to section 4 of
P.L.1983, c.31 (C.4:1C-4).
���� �High-density development
project� means a development project as the term is defined in section 3 of
P.L.1983, c.32 (C.4:1C-13) and designated as a high-density development project
pursuant to rules and regulations adopted pursuant to section 7 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill).
���� �Warehouse� means a building
that stores cargo, goods, or products on a short-term or long-term basis for
later distribution to businesses or retail customers.
����
���� 2.� (New section) a.� The
State Agriculture Development Committee shall purchase and acquire, in the name
of the State, fee simple titles to, or development easements on, land, in
accordance with sections 3 through 7 of P.L.�� , c.��� (C.��� ) (pending before
the Legislature as this bill), to preserve agricultural or horticultural land
that is in danger of development for warehouse purposes or any other
high-density development project.
���� b.� There is established in
the Department of Agriculture a special, nonlapsing fund to be known as the
"Protection of Farmland from Development 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.
���� The fund shall be administered
by the committee and shall be credited with:
���� (1) moneys appropriated
pursuant to section 8 of P.L. , c. (C. )
(pending before the Legislature as this bill), from the "Global Warming
Solutions Fund," established pursuant to section 6 of P.L.2007, c.340
(C.26:2C-50);
���� (2) any other moneys
appropriated by the Legislature for the purposes of subsection a. of this
section; and
���� (3) all interest or other
income or earnings derived from the investment or reinvestment of moneys in the
fund.
���� c.� Moneys in the fund shall
be used solely for the acquisition of fee simple titles to, or development
easements on, land pursuant to sections 3 through 7 of P.L.�� , c.��� (C.��� )
(pending before the Legislature as this bill).
���� d.� Annually, the committee
shall recommend to the Department of Agriculture the amount of additional funds
required for the purposes of P.L.�� , c.��� (C.��� ) (pending before the
Legislature as this bill), if any, to be included in the department�s annual
budget request.
�
���� 3.� (New section) a.�� A
landowner who wishes to sell agricultural or horticultural land for warehouse
development or for any other high-density development project, or if such land
has been sold for such development but construction has not commenced on the
land as of the effective date of P.L. , c. (C. ) (pending
before the Legislature as this bill), the landowner shall give to the committee
written notice, by certified mail, that a purchase offer for the land has been
made or a contract of sale has been executed.� The notice shall:
���� (1) set forth the terms and
conditions of the purchase offer or the executed contract of sale and name the
proposed purchaser or any assignee thereof;
���� (2) present the landowner�s
offer to sell fee simple absolute interest in the land or a development
easement on the development rights for the land to the committee, including the
landowner�s offer price, which, in the opinion of the landowner, represents a
fair value of the development potential of the land for the proposed warehouse
development or other proposed high-density development project, or is the
actual price the purchaser proposing the development has offered or paid for
the land; and
���� (3) any other information that
the committee may reasonably require by rule or regulation adopted pursuant to
section 7 of P.L. , c. (C. ) (pending
before the Legislature as this bill).
���� The committee shall have the
first right and option to purchase the land in fee simple or the development
rights to the land upon substantially similar terms and conditions, which right
and option shall be exercised as provided by this section.
���� b.� Within 30 days following
the date of receipt of a notice pursuant to subsection a. of this section, the
committee shall determine, in accordance with section 4 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), if the land is
suitable for preservation and in need of protection from development, and, if
so determined, the committee shall give notice of its intent to exercise its
first right and option to the landowner.� Within 60 days after the expiration
of the 30-day period for the committee to choose to exercise its first right
and option, the committee shall submit its offer to match the terms in the
notice to the landowner or make a counter-offer based on its valuation of the
land and its development rights pursuant to subsection b. of section 4 of P.L. , c. (C. ) (pending
before the Legislature as this bill), whichever is greater.
���� c.� If no notice is given
within the 30-day period that the committee intends to exercise the first right
and option, or if no offer is submitted to the landowner within the 60-day
period following the 30-day period, the landowner may at the expiration of the
30-day period or the 60-day period, as the case may be, proceed to:
���� (1) convey the land to the
proposed purchaser named in the executed contract of sale upon the terms and
conditions specified therein, or to the proposed purchaser's assignee as
provided in that executed contract of sale;
���� (2) accept or negotiate the
terms and conditions of a contract of sale with the proposed purchaser for
development of the land; or
���� (3) commence construction of
the development project on the land.
���� d.� If the owner fails to
convey the land to the proposed purchaser or an assignee thereof named in the
notice issued pursuant to subsection a. of this section, the land shall again
become subject to the committee's first right and option to purchase as provided
by this section.� A landowner may elect to convey the land to the committee
upon the exercise of the committee's first right and option to purchase without
breaching the original contract of sale, notwithstanding that the committee's
offer is different than that in the original executed contract of sale.�
���� e.� A certificate executed and
acknowledged by the committee stating that the provisions of this section have
been met by the landowner, and that the first right and option to purchase of
the committee has terminated, shall be conclusive upon the committee and the
owner in favor of all persons who rely thereon in good faith, and this
certificate shall be furnished to any landowner who has complied with the
provisions of this section.
���� 4.� (New section) a.� In
making its determination concerning agricultural or horticultural land and its
suitability for preservation or need for protection from development pursuant
to section 3 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill), the committee shall consider:
���� (1) if it is demonstrated to
the committee�s satisfaction that the land is in danger of development for
warehouse purposes or any other high-density development project;
���� (2) the regional significance
of the land as agricultural or horticultural land and the impact that the loss
of the land as agricultural or horticultural land would have on the quality of
life of nearby residents and the State�s agricultural industry;
���� (3) the likelihood that the
development of the land would negatively impact the maintenance of a positive
agricultural business climate in the municipality or county in which the land
is located and that of adjacent municipalities;
���� (4) the likelihood that the
development may adversely affect the environment or ecology of the municipality
and county in which the land is located and that of adjacent municipalities;
���� (5) the proximity of the land
to preserved agricultural lands, lands preserved for recreation and
conservation purposes, aquifer recharge areas, other lands subject to
development or conservation easements, and historic districts and historic
preservation sites; and
���� (6) the capacity of the road
infrastructure in the municipality and county in which the land is located and
that of adjacent municipalities.
���� b.� When evaluating the
landowner�s offer price, the committee may:
���� (1) use the difference between
the value of the undeveloped land and the value of the land, if developed, or
use the municipal average of the value of the development rights of properties
in the municipality, in order to calculate the value of the development rights
of the land, provided that the higher valuation from these two methods of
calculation is offered to the landowner;
���� (2) include the value of
avoided carbon dioxide emissions caused by the purchase of development rights
in the sale price; and
���� (3) include the value of
avoiding the negative impacts of the proposed development on the agricultural
community and residents of the municipality and county in which the land is
located.
���� 5.� (New section)� Any land
acquired by the committee pursuant to P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill) shall be held in the name of the State and
shall be offered for sale by the committee with agricultural deed restrictions
for farmland preservation purposes.� Land sold by the committee with agricultural
deed restrictions for farmland preservation purposes pursuant to this section
shall be exempt from the provisions of section 3 of P.L.��� , c.��� (C.�������
) (pending before the Legislature as this bill), provided that the terms of the
sale and use of the land are consistent with the development easement and
agricultural deed restrictions for farmland preservation purposes placed on the
land.� All agricultural deed restrictions for farmland preservation purposes
shall be filed and recorded with the county clerk of the county in which the
land is located in the same manner as a deed.
���� 6.� (New section) a.� The
title to land for which the development rights have been acquired by the
committee pursuant to P.L. , c. (C. )
(pending before the Legislature as this bill) shall have recorded as a
development easement to the deed agricultural deed restrictions for farmland
preservation purposes, a permanent restriction from nonagricultural
development, and a restriction that any subdivision of the land would result in
parcels not lesser in size than the minimum size required for qualification for
farmland assessment pursuant to the "Farmland Assessment Act of
1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).� All development easements shall
be filed and recorded with the county clerk of the county in which the land is
located in the same manner as a deed.
���� b.� The landowner shall retain
all other rights and responsibilities associated with the land, including the
ability to sell the land, provided that the terms of the sale and use of the
land are consistent with the development easement and agricultural deed
restrictions for farmland preservation purposes placed on the land.
���� 7.� (New section) The
committee shall adopt, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to
implement the provisions of P.L.��� , c.����� (C.����� ) (pending before the
Legislature as this bill), including, but not limited to, guidelines as to what
constitutes high-density development in addition to development of land for a
warehouse.
���� 8.� (New section)
Notwithstanding any other law, or rule or regulation adopted pursuant thereto,
to the contrary, there is appropriated the sum of $50,000,000, and any
additional amounts as may, from time to time, be required, from moneys received
as a result of any sale, exchange or other conveyance of allowances through a
greenhouse gas emissions allowance trading program pursuant to P.L.2007, c.340
(C.26:2C-45 et seq.) or otherwise received from participation in the Regional
Greenhouse Gas Initiative pursuant to P.L.2007, c.340 (C.26:2C-45 et al.) and
deposited into the "Global Warming Solutions Fund" established
pursuant to section 6 of P.L.2007, c.340 (C.26:2C-50), to the State Agriculture
Development Committee for the purposes of preserving agricultural or
horticultural land threatened by development for warehouse purposes or any
other high-density development project pursuant to P.L.��� , c.����� (C.����� )
(pending before the Legislature as this bill).
���� 9.� Section 7 of P.L.2007,
c.340 (C.26:2C-51) is amended to read as follows:
���� 7.� a.� The agencies
administering programs established pursuant to this section shall maximize
coordination in the administration of the programs to avoid overlap between the
uses of the fund prescribed in this section.
���� b.���
[
Moneys in the
fund, after
]
After
appropriation annually for payment of administrative costs
authorized pursuant to subsection c. of this section
[
,
]
and appropriations authorized
pursuant to section 8 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), moneys in the fund
shall be annually
appropriated and used for the following purposes:
���� (1)�� Sixty percent shall be
allocated to the New Jersey Economic Development Authority to provide grants
and other forms of financial assistance to commercial, institutional, and
industrial entities to support end-use energy efficiency projects and new,
efficient electric generation facilities that are state of the art, as
determined by the department, including but not limited to energy efficiency
and renewable energy applications, to develop combined heat and power
production and other high efficiency electric generation facilities, to
stimulate or reward investment in the development of innovative carbon
emissions abatement technologies with significant carbon emissions reduction or
avoidance potential, to develop qualified offshore wind projects pursuant to
section 3 of P.L.2010, c.57 (C.48:3-87.1), and to provide financial assistance
to manufacturers of equipment associated with qualified offshore wind
projects.� The authority, in consultation with the board and the department,
shall determine:� (a) the appropriate level of grants or other forms of
financial assistance to be awarded to individual commercial, institutional, and
industrial sectors and to individual projects within each of these sectors; (b)
the evaluation criteria for selecting projects to be awarded grants or other
forms of financial assistance, which criteria shall include the ability of the
project to result in a measurable reduction of the emission of greenhouse gases
or a measurable reduction in energy demand, provided, however, that neither the
development of a new combined heat and power production facility, nor an
increase in the electrical and thermal output of an existing combined heat and
power production facility, shall be subject to the requirement to demonstrate
such a measurable reduction; and (c) the process by which grants or other forms
of financial assistance can be applied for and awarded including, if
applicable, the payment terms and conditions for authority investments in
certain projects with commercial viability;
���� (2)�� Twenty percent shall be
allocated to the board to support programs that are designed to reduce
electricity demand or costs to electricity customers in the low-income and
moderate-income residential sector with a focus on urban areas, including
efforts to address heat island effect and reduce impacts on ratepayers
attributable to the implementation of P.L.2007, c.340 (C.26:2C-45 et al.) or to
support the light duty plug-in electric vehicle incentive program and the
incentive program for in-home electric vehicle service equipment established
pursuant to sections 4 and 6 of P.L.2019, c.362 (C.48:25-4 and C.48:25-6).� For
the purposes of this paragraph, the board, in consultation with the authority
and the department, shall determine the types of programs to be supported and
the mechanism by which to quantify benefits to ensure that the supported
programs result in a measurable reduction in energy demand or accomplishment of
the plug-in electric vehicle goals established pursuant to section 3 of
P.L.2019, c.362 (C.48:25-3);
���� (3)�� Ten percent shall be
allocated to the department to support programs designed to promote local
government efforts to plan, develop and implement measures to reduce greenhouse
gas emissions, including but not limited to technical assistance to local governments,
and the awarding of grants and other forms of assistance to local governments
to conduct and implement energy efficiency, renewable energy, and distributed
energy programs and land use planning where the grant or assistance results in
a measurable reduction of the emission of greenhouse gases or a measurable
reduction in energy demand. For the purpose of conducting any program pursuant
to this paragraph, the department, in consultation with the authority and the
board, shall determine:� (a) the appropriate level of grants or other forms of
financial assistance to be awarded to local governments; (b) the evaluation
criteria for selecting projects to be awarded grants or other forms of
financial assistance; (c) the process by which grants or other forms of
financial assistance can be applied for and awarded; and (d) a mechanism by
which to quantify benefits; and
���� (4)�� Ten percent shall be
allocated to the department to support programs that enhance the stewardship
and restoration of the State's forests and tidal marshes that provide important
opportunities to sequester or reduce greenhouse gases.
���� c.� (1)� The department may
use up to four percent of the total amount in the fund each year to pay for
administrative costs justifiable and approved in the annual budget process,
incurred by the department in administering the provisions of P.L.2007, c.340
(C.26:2C-45 et al.) and in administering programs to reduce the emissions of
greenhouse gases including any obligations that may arise under subsection a.
of section 11 of P.L.2007, c.340 (C.26:2C-55).
���� (2)�� The board may use up to
two percent of the total amount in the fund each year to pay for administrative
costs justifiable and approved in the annual budget process, incurred by the
board in administering the provisions of P.L.2007, c.340 (C.26:2C-45 et al.)
and in administering programs to reduce the emissions of greenhouse gases
including any obligations that may arise under subsection a. of section 11 of
P.L.2007, c.340 (C.26:2C-55).
���� (3)�� The New Jersey Economic
Development Authority may use up to two percent of the total amount in the fund
each year to pay for administrative costs justifiable and approved in the
annual budget process, incurred by the authority in administering the provisions
of P.L.2007, c.340 (C.26:2C-45 et al.) and in administering programs to reduce
the emissions of greenhouse gases.
���� d.��� The State Comptroller
shall conduct or supervise independent audit and fiscal oversight functions of
the fund and its uses.
(cf:� P.L.2019, c.362, s.12)
���� 10.� This act shall take
effect immediately.
STATEMENT
���� This bill establishes a
farmland preservation program under which the State Agriculture Development
Committee (SADC) would purchase and acquire, in the name of the State, fee
simple titles to, or development easements on, agricultural or horticultural
land, i.e., farmland, that is in danger of development for warehouse purposes
or any other high-density development project.�
���� The bill would require a
landowner who wishes to sell, for warehouse development or for any other
high-density development project, agricultural or horticultural land, or if
such land has been sold for such development but construction has not commenced
on the land as of the effective date of the bill, to provide written notice, by
certified mail, to the SADC that a purchase offer for the land has been made or
a contract of sale has been executed.� The SADC would be required, within time
periods specified in the bill, to: 1) determine if the land is suitable for
preservation and in need of protection from development; and 2) if so
determined, offer to the landowner to match the landowner�s terms or make a
counter-offer, based on the committee�s valuation of the land and its
development rights, whichever is greater.
���� Factors to be considered by
the SADC when making the determination and valuation are specified in section 4
of the bill and include the regional significance of the land as agricultural
or horticultural land, the impact that the loss of the land as agricultural or
horticultural land would have on the quality of life of nearby residents and
the State�s agricultural industry, and the value of avoiding the negative
impacts of the proposed development on the agricultural community and residents
of the municipality and county in which the land is located, and that of
adjacent municipalities.
���� The bill provides that any
land acquired by the SADC would be held in the name of the State and offered
for sale by the SADC with agricultural deed restrictions for farmland
preservation purposes.� When the development rights on the land have been
acquired by the SADC, the bill provides that a development easement would be
recorded with the title for the land establishing the agricultural deed
restrictions for farmland preservation purposes, a permanent restriction from
nonagricultural development, a restriction that any subdivision of the land
would result in parcels not lesser in size than the minimum size required for
qualification for farmland assessment.� In either case, the land could be sold
in the future, provided that the terms of the sale and use of the land are
consistent with the development easement or any agricultural deed restrictions
placed on the land.� All agricultural deed restrictions for farmland
preservation purposes and development easements would be filed and recorded
with the county clerk of the county in which the land is located in the same
manner as a deed.
���� The bill appropriates $50
million from moneys in the �Global Warming Solutions Fund,� established
pursuant to section 6 of P.L. 2007, c.340 (C.26:2C-50), for the program
established by the bill.� These moneys would be deposited into a new fund,
created by the bill, called the "Protection of Farmland from Development
Fund."