Changes certain allocations and amounts of constitutionally dedicated CBT revenues for Fiscal Year 2026 and thereafter; authorizes Garden State Preservation Trust and local governments to acquire lands in urban areas for agricultural or horticultural purposes.

A4795

ASSEMBLY, No. 4795

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 23, 2026

Sponsored by:

Assemblywoman� VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman� LINDA S. CARTER

District 22 (Somerset and Union)

Assemblywoman� SHAMA A. HAIDER

District 37 (Bergen)

SYNOPSIS

���� Changes certain allocations and amounts of
constitutionally dedicated CBT revenues for Fiscal Year 2026 and thereafter;
authorizes Garden State Preservation Trust and local governments to acquire
lands in urban areas for agricultural or horticultural purposes.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the acquisition and stewardship of
lands in urban areas of the State for agricultural or horticultural purposes,
amending various parts of the statutory law, and supplementing P.L.2016, c.12
(C.13:8C-43 et seq.)

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

���� 1.� (New section)� Except as
otherwise provided in subsection e. of this section, in each State fiscal year
commencing in State fiscal year 2026 and annually thereafter, of the amount
credited by the State Treasurer to the Preserve New Jersey Fund Account
pursuant to subparagraph (b) of paragraph (1) of subsection a. of section 4 of
P.L.2016, c.12 (C.13:8C-46):

���� a.� 62 percent shall be
deposited into the Preserve New Jersey Green Acres Fund;

���� b.� 26 percent shall be
deposited into the Preserve New Jersey Farmland Preservation Fund;

���� c.� seven percent shall be
deposited into the Preserve New Jersey Historic Preservation Fund; and

���� d.� five percent shall be
deposited into the Preserve New Jersey Urban Agriculture and Horticulture Fund established
pursuant to section 7 of P.L.��� , c.��� (C.������ ) (pending before the
Legislature as this bill).

���� e.� On July 1 next following
the effective date of P.L. , c. (C. ) (pending
before the Legislature as this bill), there shall be deposited by the State
Treasurer the following amount into the Preserve New Jersey Urban Agriculture
and Horticulture Fund established pursuant to section 7 of P.L.��� , c.���
(C.������ ) (pending before the Legislature as this bill) to be used for the
purposes of section 8 of P.L.��� , c.��� (C.����� ) (pending before the
Legislature as this bill): $25 million of the amount credited by the State Treasurer
to the Preserve New Jersey Fund Account pursuant to subparagraph (b) of
paragraph (1) of subsection a. of section 4 of P.L.2016, c.12 (C.13:8C-46).

���� 2.� Section 1 of P.L.2019,
c.136 (C.13:8C-47.1) is amended to read as follows:

���� 1. a. In
[
each
]
State fiscal
year
[
commencing
in State fiscal year
]

2020
[
and
annually thereafter
]

through and including State fiscal year 2025
, of the amount credited by
the State Treasurer to the Preserve New Jersey Fund Account pursuant to
subparagraph (b) of paragraph (1) of subsection a. of section 4 of P.L.2016,
c.12 (C.13:8C-46):

���� (1)�� 62 percent shall be
deposited into the Preserve New Jersey Green Acres Fund;

���� (2)�� 31 percent shall be
deposited into the Preserve New Jersey Farmland Preservation Fund; and

���� (3)�� seven percent shall be
deposited into the Preserve New Jersey Historic Preservation Fund.

���� b. (1) Beginning July 1, 2022,
and annually thereafter, the Garden State Preservation Trust shall conduct a
review of the appropriations of constitutionally dedicated CBT moneys to, and
the expenditures thereof by, the Department of Environmental Protection, the
State Agriculture Development Committee, and the New Jersey Historic Trust for
their respective programs.� In conducting this review, the trust shall:
evaluate the demonstrated need for funding for the acquisition or development
of lands for recreation and conservation purposes, including Blue Acres
projects, farmland preservation purposes, or historic preservation purposes
based upon available projects, applicant demand, and past appropriations and
expenditures for these purposes; and hold a public hearing to solicit public
input on appropriate funding allocations for the department, committee, and New
Jersey Historic Trust, for the upcoming fiscal year.�

���� (2)�� If the trust determines,
based on the review conducted pursuant to paragraph (1) of this subsection,
that it would be appropriate to revise the allocations set forth in subsection
a. of this section,
[
or
]
section 6, 8,
or 9 of P.L.2016, c.12 (C.13:8C-48, 50, or 51),
or section 1 of P.L.�� c.��
(C.�� ) (pending before the Legislature as this bill),
the trust shall send
a written notification to the Chairperson of the Senate Environment and Energy
Committee, the Assembly Agriculture and Natural Resources Committee, and the
Assembly Environment and Solid Waste Committee, or their successors, of its findings
and recommendations concerning future funding allocations for the Preserve New
Jersey Green Acres Fund, the Preserve New Jersey Farmland Preservation Fund, or
the Preserve New Jersey Historic Preservation Fund.�

���� (3)�� A recommendation by the
trust to reallocate constitutionally dedicated CBT moneys based on the review
conducted pursuant to this subsection shall not alter the allocations set forth
in subsection a. of this section or section 6, 8, or 9 of P.L.2016, c.12
(C.13:8C-48, 50, or 51)
or section 1 of P.L.�� c.�� (C.�� ) (pending before
the Legislature as this bill),
for any fiscal year unless authorized by the
Legislature.

(cf: P.L.2019, c.136, 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).

����
"Agricultural or
horticultural purposes" or "agricultural or horticultural use"
means the use of lands for any production of plants or animals useful to man,
including but not limited to: forages or sod crops; grains and feed crops;
dairy animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats, and
including the breeding and grazing of any or all of such animals; bees and
apiary products; fur animals; aquatic organisms as part of aquaculture; trees
and forest products; fruits of all kinds, including grapes, nuts and berries;
vegetables; nursery, floral, ornamental and greenhouse products; or any land
devoted to and meeting the requirements and qualifications for payments or other
compensation pursuant to a soil conservation program under an agency of the
federal government.

���� "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).

����
"Preserve New Jersey
Urban Agriculture and Horticulture Fund" means the Preserve New Jersey
Urban Agriculture and Horticulture Fund established pursuant to section 7 of
P.L.��� , c.��� (C.������ ) (pending before the Legislature as this bill).

���� "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,
or the acquisition and stewardship of
land in urban areas of the State for agricultural or horticultural purposes,

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" means an activity, which is beyond routine operations and
maintenance, undertaken by the State, a local government unit, or a qualifying
tax exempt nonprofit organization to repair, or restore lands 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 by the landowner, or a farmer operator as an agent of the landowner,
to repair, restore, or improve lands preserved for farmland preservation
purposes, including, but not limited to, soil and water conservation projects
approved pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24) and projects that
improve the resiliency of farmland soils.�
For lands preserved for
agricultural or horticultural purposes, �stewardship activity� means an
activity undertaken by a landowner, or a farmer operator as an agent of the
landowner, to repair, restore, or improve lands that have been preserved for
agricultural and horticultural purposes in urban areas of the State by the
Garden State Preservation Trust

pursuant to the provisions of P.L.��� , c.��� (C.������ ) (pending before the
Legislature as this bill).

(cf: P.L.2019, c.136, s.2)

���� 4.� Section 6 of P.L.1999,
c.152 (C.13:8C-6) is amended to read as follows:

���� 6.��� In addition to all other
powers granted to the trust in
[
this
act
]

P.L.1999,
c.152 (C.13:8C-1 et seq.)
, the trust shall have power:

���� a.���� To sue and be sued;

���� b.��� To have an official seal
and alter it at the trust's pleasure;

���� c.���� To make and alter
bylaws for its organization and internal management and rules and regulations
for the conduct of its affairs and business;

���� d.��� To maintain an office at
a place or places within the State as it may determine, and acquire, own, lease
as lessee or lessor, hold, use, sell, transfer, or dispose of real or personal
property for that purpose;

���� e.���� To acquire, hold, use
and dispose of its income, revenues, funds and moneys;

���� f.���� To borrow money and to
issue its bonds, notes or other obligations and to secure them by its revenues
or other funds and otherwise to provide for and secure the payment thereof and
to provide for the rights of the holders thereof and to provide for the refunding
thereof, all as provided in
[
this
act
]

P.L.1999,
c.152 (C.13:8C-1 et seq.)
;

���� g.��� To issue subordinated
indebtedness and to enter into any revolving credit agreement, agreement
establishing a line of credit or letter of credit, reimbursement agreement,
interest rate exchange agreement, insurance contract, surety bond, commitment
to purchase or sell bonds, notes or other obligations, purchase or sale
agreement, or commitments or other contracts or agreements, and other security
agreements as approved by the trust in connection with the issuance of bonds,
notes or other obligations;

���� h.��� Subject to any agreement
with the holders of bonds, notes or other obligations, to invest moneys of the
trust not required for immediate use, including proceeds from the sale of any
bonds, notes or other obligations, in obligations, securities and other investments
as the trust shall deem prudent;

���� i.���� Subject to any
agreements with holders of bonds, notes or other obligations, to purchase
bonds, notes or other obligations of the trust out of any funds or moneys of
the trust available therefor, and to hold, cancel or resell the bonds, notes or
other obligations;

���� j.���� For its sole purpose as
established in section 5 of
[
this
act
]

P.L.1999,
c.152 (C.13:8C-5 et seq.)
, to appoint and employ an executive director and
such additional officers, who need not be members of the trust, and such other
personnel and staff as it may require, at an annual expense not to exceed
$150,000, all without regard to the provisions of Title 11A, Civil Service, of
the New Jersey Statutes
, except as provided in subsection e. of section 7 of
P.L.��� , c.��� (C.������ ) (pending before the Legislature as this bill)
;

���� k.��� To do and perform any
acts and things authorized by
[
this
act
]

P.L.1999,
c.152 (C.13:8C-1 et seq.)
under, through, or by means of its officers,
agents or employees or by contract with any person, firm or corporation or any
public body;

���� l.���� To procure insurance
against any losses in connection with its property, operations, assets or
obligations in amounts and from insurers as it deems desirable;

���� m.�� To adopt, pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.)
such rules and regulations as it deems necessary to effectuate the purposes of
Article VIII, Section II, paragraph 7 of the State Constitution and
[
this act
]

P.L.1999,
c.152 (C.13:8C-1 et seq.)
;

���� n.��� To make and enter into
any and all contracts and agreements which the trust determines are necessary,
incidental, convenient or desirable to the performance of its duties and the
execution of its powers under
[
this
act
]

P.L.1999,
c.152 (C.13:8C-1 et seq.)
;

���� o.��� To accept and use any
funds appropriated and paid by the State to the trust, including, without
limitation, appropriations and payments from the Garden State Preservation
Trust Fund Account established pursuant to section 17 of
[
this act
]

P.L.1999,
c.152 (C.13:8C-1 et seq.)
, for the purposes for which the appropriations
and payments are made;

���� p.��� To apply for, and
receive and accept, appropriations or grants of property, money, services, or
reimbursements for money previously spent and other assistance offered or made
available to it by or from any person, government agency, public authority, or any
public or private entity whatever for any lawful corporate purpose of the
trust, including, without limitation, grants, appropriations, or reimbursements
from the federal government, and to apply and negotiate for these upon such
terms and conditions as may be required by any person, government agency,
authority, or entity as the trust may determine to be necessary, convenient, or
desirable, provided that all such moneys, grants, appropriations, and
reimbursements so received and accepted shall be subject to appropriation by
law pursuant to the procedures established by
[
this
act
]

P.L.1999,
c.152 (C.13:8C-1 et seq.)
; and

���� q.��� To do any and all things
necessary, incidental, convenient or desirable to carry out its purposes and
exercise the powers given and granted in
[
this
act
]

P.L.1999,
c.152 (C.13:8C-1 et seq.)
.

(cf: P.L.1999, c.152, s.6)

���� 5.� (New section)� a.�
Notwithstanding any provision of law to the contrary, the Garden State
Preservation Trust may acquire land for agricultural or horticultural purposes
in urban areas of the State designated pursuant to subsection e. of this
section, through the purchase of fee simple titles or lesser interests in land,
including, but not limited to, a development easement, a conservation
restriction or easement, or any other restriction or easement permanently
restricting development, by purchase or installment purchase agreement.

���� b.� Notwithstanding any
provision of law to the contrary, the trust shall develop eligibility criteria
for the acquisition of land in urban areas of the State for agricultural or
horticultural purposes pursuant to subsection a. of this section and an application
process for landowners to apply to the trust to sell a fee simple title or a
lesser interest in land.� The trust shall prioritize the acquisition of small
parcels of land in urban areas of the State that are suitable for agricultural
or horticultural purposes.

���� c.� Any land acquired in fee
simple by the trust pursuant to subsection b. of this section shall be held of
record in the name of the State and may be offered for lease by the State using
a competitive bidding process to interested parties, provided that the land is
to be utilized for agricultural or horticultural purposes.� The trust shall
establish an application process for the lease of land acquired by the trust
pursuant to subsection a. of this section, which shall require applicants to
provide information concerning the intended use of the land for agricultural or
horticultural purposes.� The terms of the lease shall be established by the trust.�
The revenue from the lease of land paid pursuant to this section shall be
deposited in the fund established pursuant to section 7 of P.L.�� , c.�� (C.���
) (pending in the Legislature as this bill) and shall be used only for the
purposes of the fund.

���� d.� To the end that
municipalities may not suffer a loss of taxes by reason of the acquisition and
ownership by the State of lands in fee simple for agricultural or horticultural
purposes, the State shall make payments annually in the same manner as payments
are made pursuant to section 29 of P.L.1999, c.152 (C.13:8C-29).

���� e.� The trust shall designate
areas of the State as urban areas based on population density, residential and
commercial development, and non-residential land uses, among other factors, in
a specific region.

���� f.� The trust may hire
personnel and staff as necessary to implement the provisions of this section.

���� g.� The trust, pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), shall
adopt rules and regulations as necessary implement the provisions of this
section.

���� 6.� (New section)� a.� As used
in this section:

���� "Grant program"
means the "Urban Agriculture and Horticulture Stewardship Grant
Program" established pursuant to this section.

���� "Qualified
applicant" means a landowner, or farm operator as an agent of a landowner,
of land in urban areas of the State that has been acquired by the trust and
preserved for agricultural or horticultural purposes pursuant to section 5 of P.L.���
, c.��� (C.������ ) (pending before the Legislature as this bill).

���� b.� The trust shall establish
and administer the "Urban Agriculture and Horticulture Stewardship Grant
Program" for the purpose of providing grants to qualified applicants for
stewardship activity projects, including, but not limited to, projects that
improve soil health, climate resiliency, and erosion and sediment control, on
land that has been acquired by the trust and preserved for agricultural and
horticultural purposes pursuant to section 5 of P.L. , c. (C. ) (pending
before the Legislature as this bill).

���� c.� In establishing the grant
program, the trust 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 monitor grant
recipients' compliance with the terms and conditions; and

���� (3) establish authorized uses
of the grant awards.

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

���� (1) intends to use the grant
for a stewardship activity project on land that has been acquired by the trust
and preserved for agricultural or horticultural purposes pursuant to section 5
of P.L. , c. (C. )
(pending before the Legislature as this bill); and

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

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

���� (1) demonstrating that the
qualified applicant meets the eligibility requirements set forth in subsection
d. of this section;

���� (2) outlining the anticipated
use of the grant, including a detailed explanation of the proposed stewardship
activity project intended to be implemented;

���� (3) outlining the land�s
current agricultural or horticultural uses and providing an explanation for how
the proposed stewardship activity project would improve the current
agricultural or horticultural uses of the land; and

���� (4) estimating the total cost
of the proposed stewardship activity project.

���� f.� The trust may approve
applications for the grant program on a rolling basis, subject to the
availability of funds in the Preserve New Jersey Urban Agriculture and
Horticulture Fund established pursuant to section 7 of� P.L.��� , c.���
(C.������ ) (pending before the Legislature as this bill).

���� g.� Upon approval of an
application, the trust shall provide a grant, in an amount not to exceed ninety
percent of the total estimated costs of the stewardship activity project as
provided by the qualified applicant pursuant to paragraph (4) of subsection e.
of this section, to the qualified applicant to support the costs of the
stewardship activity project.

���� h.� The trust shall prepare
and submit a report on the "Urban Agriculture and Horticulture Stewardship
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
trust�s Internet website, no later 18 months after the first grant to a
qualified applicant is awarded.� 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 trust determines necessary to evaluate the progress of the
grant program.

���� 7.� (New section)� a.� The
State Treasurer shall establish a fund to be known as the �Preserve New Jersey
Urban Agriculture and Horticulture Fund� and shall deposit into the fund all
moneys received pursuant to subsections d. and e. of section 1 of P.L. , c. (C. ) (pending
before the Legislature as this bill) 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.� The moneys in the Preserve
New Jersey Urban Agriculture and Horticulture Fund are specifically dedicated
and shall be used by the trust, in accordance with the provisions of section 8
of P.L. , c. (C. )
(pending before the Legislature as this bill), for the acquisition of land in
urban areas of the State for agricultural or horticultural purposes.

���� 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 Urban
Agriculture and Horticulture 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.� Any change in project sponsor, site, or type that has received an
appropriation from the fund, shall require the approval of the Joint Budget
Oversight Committee.

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

���� e.� (1) Of the amount
authorized pursuant to subsections d. and e. of section 1 of P.L.��� , c.���
(C.������ ) (pending before the Legislature as this bill), not more than fifteen
percent shall be utilized for organizational, administrative and other work and
services, including salaries, equipment, and materials necessary to administer
the applicable provisions of section 5 of P.L.��� , c.��� (C.������ ) (pending
before the Legislature as this bill) and to administer the Urban Agriculture
and Horticulture Stewardship Grant Program established pursuant to section 6 of
P.L.��� , c.��� (C.������ ) (pending before the Legislature as this bill).

���� (2) Any personnel and staff
funded to implement the provisions of section 5 of P.L.��� , c.��� (C.������ )
(pending before the Legislature as this bill) pursuant to paragraph (1) of this
subsection shall be subject to the provisions of Title 11A, Civil Service, of
the New Jersey Statutes.

���� f.� The trust shall not use
the power of eminent domain in any manner for the acquisition of lands by the trust
for agricultural and horticultural purposes using constitutionally dedicated
CBT moneys in whole or in part unless a concurrent resolution approving that
use is approved by both Houses of the Legislature; except that, without the
need for such a concurrent resolution, the trust may use the power of eminent
domain to the extent necessary to establish a value for lands to be acquired
from a willing seller by the trust for agricultural and horticultural purposes
using constitutionally dedicated CBT moneys in whole or in part.

���� g.� At least once each State
fiscal year, the trust shall submit to the State Treasurer a list of projects
recommended to be funded with moneys from the Preserve New Jersey Urban
Agriculture and Horticulture Fund. �The State Treasurer shall review the submitted
project list, and prepare and submit to the Governor and to the President of
the Senate and the Speaker of the General Assembly for introduction in the
Legislature, proposed legislation appropriating moneys pursuant to this section
to fund projects on any such list.� The Legislature may approve one or more
appropriation bills containing a project list or lists submitted by the State
Treasurer pursuant to this subsection.

���� h.� The trust shall prepare
and submit an annual report to the Governor, and to the Legislature pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1), including an accounting of the moneys
in the Preserve New Jersey Urban Agriculture and Horticulture Fund.� The
accounting shall identify, for each year and cumulatively: the amount of
appropriations from the fund; the expenditure of moneys from the fund; the
amount of land acquired with moneys in the fund; and the grants awarded from
the fund.

���� 8.� (New section)� The trust
is authorized to utilize moneys from the �Preserve New Jersey Urban Agriculture
and Horticulture Fund,� established pursuant to section 7 of P.L.��� , c.���
(C.������ ) (pending before the Legislature as this bill) for:

���� (1) the fee simple acquisition
or lesser interests in land, including, but not limited to, a development
easement, a conservation restriction or easement, or any other restriction or
easement permanently restricting development, by purchase or installment
purchase agreement of land in urban areas of the State for agricultural or
horticultural purposes;

���� (2) providing grants under the
Urban Agriculture and Horticulture Stewardship Grant Program established
pursuant to section 6 of P.L.��� , c.��� (C.������ ) (pending before the
Legislature as this bill); and

���� (3) paying administrative
costs associated with the implementation of paragraphs (1) and (2) of this
subsection.

���� 9.� Section 1 of P.L.1997,
c.24 (C.40:12-15.1) is amended to read as follows:

���� 1.��� As used in P.L.1997,
c.24 (C.40:12-15.1 et seq.):

���� "Acquisition" or
"acquire" means the securing of a fee simple or a lesser interest in
land, including but not limited to an easement restricting development, by
gift, purchase, installment purchase agreement, devise, or condemnation, and
includes the demolition of structures on, the removal of debris from, and the
restoration of those lands to a natural state or to a state useful for
recreation and conservation purposes.

����
"Agricultural or
horticultural purposes" means the same as the term is defined in section 3
of P.L.2016, c.12 (C.13:8C-45).

���� "Blue Acres project"
means any project 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, and includes the demolition of structures on, the removal of
debris from, and the restoration of those lands to a natural state or to a
state useful for recreation and conservation purposes.

���� "Charitable
conservancy" means a corporation or trust exempt from federal income
taxation under paragraph (3) of subsection (c) of section 501 of the federal
Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)), whose purposes include
(1) acquisition and preservation of lands in a natural, scenic, or open
condition, or (2) historic preservation of historic properties, structures,
facilities, sites, areas, or objects, or the acquisition of such properties,
structures, facilities, sites, areas, or objects for historic preservation
purposes.

���� "County trust fund"
means a "County Open Space, Recreation, Floodplain Protection, and
Farmland and Historic Preservation Trust Fund" created pursuant to
subsection c. of section 2 of P.L.1997, c.24 (C.40:12-15.2).

���� "Development" means
any improvement to land acquired for recreation and conservation purposes
designed to expand and enhance its utilization for those purposes.

���� "Farmland" means
land actively devoted to agricultural or horticultural use that is valued,
assessed, and taxed pursuant to the "Farmland Assessment Act of
1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).

���� "Farmland preservation
purposes" means the long-term preservation of farmland for agricultural or
horticultural use.

���� "Historic
preservation" means the performance of any work relating to the
stabilization, repair, rehabilitation, renovation, restoration, improvement,
protection, or preservation of an historic property, structure, facility, site,
area, or object.

���� "Historic property,
structure, facility, site, area, or object" means any property, structure,
facility, site, area, or object approved for inclusion, or which meets the
criteria for inclusion, in the New Jersey Register of Historic Places pursuant
to P.L.1970, c.268 (C.13:1B-15.128 et seq.).

���� "Land" or
"lands" means real property, including improvements thereof or
thereon, rights-of-way, water, lakes, riparian and other rights, easements,
privileges and all other rights or interests of any kind or description in,
relating to or connected with real property.

���� "Municipal trust
fund" means a "Municipal Open Space, Recreation, Floodplain
Protection, and Farmland and Historic Preservation Trust Fund" created
pursuant to subsection c. of section 7 of P.L.1997, c.24 (C.40:12-15.7).

���� "Public indoor
recreation" means public recreation in enclosed structures or facilities,
and includes but is not limited to swimming pools, basketball courts, and ice
skating rinks open for public use.

���� "Recreation and
conservation purposes" means the use of lands for parks, open space,
natural areas, ecological and biological study, forests, water reserves,
wildlife preserves, fishing, hunting, camping, boating, winter sports, or
similar uses for either public outdoor recreation or conservation of natural
resources, or both, or the use of lands for public indoor recreation.

(cf: P.L.2017, c.154, s.1)

���� 10.� Section 2 of P.L.1997,
c.24 (C.40:12-15.2) is amended to read as follows:

���� 2. a. (1) The governing body
of any county may submit to the voters of the county in a general or special
election a proposition authorizing imposition of an annual levy for an amount
or at a rate deemed appropriate for any or all of the following purposes, or
any combination thereof, as determined by the governing body:

���� (a)�� acquisition of lands for
recreation and conservation purposes;

���� (b)�� development of lands
acquired for recreation and conservation purposes;

���� (c)�� maintenance of lands
acquired for recreation and conservation purposes;

���� (d)�� acquisition of farmland
for farmland preservation purposes;

���� (e)�� historic preservation of
historic properties, structures, facilities, sites, areas, or objects, and the
acquisition of such properties, structures, facilities, sites, areas, or
objects for historic preservation purposes;

���� (f)�� payment of debt service
on indebtedness issued or incurred by a county for any of the purposes set
forth in subparagraph (a), (b), (d), (e)
[
or
]

,
(g)
,
or (h)
of this paragraph;
[
or
]

���� (g)�� Blue Acres projects
;
or

����
(h) acquisition and
stewardship of lands in urban areas of the State for agricultural or
horticultural purposes
.

���� (2)�� The amount or rate of
the annual levy may be subdivided in the proposition to reflect the relative
portions thereof to be allocated to any of the respective purposes specified in
paragraph (1) of this subsection or may be depicted as a total amount or rate,
to be subdivided in a manner determined previously, or to be determined at a
later date, by the governing body of the county after conducting at least one
public hearing thereon.

���� b.��� Upon approval of the
proposition by a majority of the votes cast by the voters of the county, the
governing body of the county may annually raise by taxation a sum not to exceed
the amount or rate set forth in the proposition approved by the voters for the
purposes specified therein.� If the amount or rate set forth in the proposition
was not subdivided among the various purposes, the governing body of the county
may determine the appropriate amount or rate to be allocated to each purpose
after conducting at least one public hearing thereon.

���� c.���� Amounts raised by the
levy imposed pursuant to this section shall be deposited into a "County
Open Space, Recreation, Floodplain Protection,
Urban Agriculture and
Horticulture,
and Farmland and Historic Preservation Trust Fund" to be
created by the county, and shall be used exclusively for the purposes
authorized by the voters of the county.� Any interest or other income earned on
monies deposited into the county trust fund shall be credited to the fund to be
used for the same purposes as the principal.� Separate accounts may be created
within the county trust fund for the deposit of revenue to be expended for each
of the purposes specified in the proposition approved by the voters of the
county.� A county may deposit other funds into the County Open Space,
Recreation, Floodplain Protection,
Urban Agriculture and Horticulture,

and Farmland and Historic Preservation Trust Fund, as it may, from time to
time, deem appropriate.

���� d.��� (1) (a) Selection of
lands for acquisition for recreation and conservation purposes shall be in
accordance with an open space and recreation plan prepared and adopted by the
county.

���� (b)�� Selection of projects to
develop or maintain lands acquired for recreation and conservation purposes
shall be in accordance with an open space and recreation development and
maintenance plan prepared and adopted by the county.

���� (c)�� Selection of farmland
for acquisition for farmland preservation purposes shall be in accordance with
a farmland preservation plan prepared and adopted by the county or pursuant to
the provisions of the "Agriculture Retention and Development Act,"
P.L.1983, c.32 (C.4:1C-11 et al.) or any other law enacted for the purpose of
preserving farmland, or any rules or regulations adopted pursuant thereto.

���� (d)�� Selection of historic
preservation projects shall be in accordance with a historic preservation plan
prepared and adopted by the county.

����
(e)�� Selection of land in
urban areas of the State for acquisition for agricultural and horticultural
purposes shall be consistent with the adopted master plan of the county.

���� (2)�� Monies in the county
trust fund may be used to pay the cost of preparing and adopting the plans
required by this subsection.

���� e.���� The governing body of a
county may submit to the voters of the county in a general or special election
a proposition amending or supplementing a proposition previously submitted,
approved, and implemented as provided pursuant to this section either (1) changing
the amount or rate of the annual levy, or (2) adding or removing purposes
authorized pursuant to this section for which the levy may be expended.� Upon
approval of the amendatory or supplementary proposition by a majority of the
votes cast by the voters of the county, the governing body of the county shall
implement it in the same manner as set forth in P.L.1997, c.24 (C.40:12-15.1 et
seq.) for implementation of the original proposition.

���� f.���� Upon petition to the
governing body of a county signed by the voters of the county equal in number
to at least 15
[
%
]

percent

of the votes cast therein at the last preceding general election, filed with
the governing body at least 90 days before a general or special election, the
governing body of the county shall submit to the voters of the county in the
general or special election the proposition otherwise authorized pursuant to
subsection a. or subsection e. of this section, as the case may be.

(cf: P.L.2011, c.173, s.2)

���� 11.� Section 3 of P.L.1997,
c.24 (C.40:12-15.3) is amended to read as follows:

���� 3.� a.� Any county whose
voters, prior to the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.),
approved pursuant to P.L.1989, c.30 (C.40:12-16 et seq.) a proposition
authorizing the acquisition of lands for conservation as open space or as
farmland shall be deemed to have approved a proposition for the purposes
specified in paragraph (1) of subsection a. of section 2 of P.L.1997, c.24
(C.40:12-15.2), but excluding the purpose specified in subparagraph (c) of that
paragraph if the proposition was approved prior to the 24 months immediately
preceding the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.), at the
amount or rate specified in the original proposition, which purposes shall be
determined by adoption of a resolution or ordinance, as appropriate, by the
governing body of the county after conducting at least one public hearing
thereon and subject to the requirements of subsections b., c. and d. of this
section.� The county open space and farmland preservation trust fund created
for the purposes of P.L.1989, c.30 (C.40:12-16 et seq.) shall be dissolved and
any monies remaining therein shall be deposited into the "County Open
Space, Recreation, Floodplain Protection,
Urban Agriculture and
Horticulture,
and Farmland and Historic Preservation Trust Fund"
created pursuant to subsection c. of section 2 of P.L.1997, c.24 to be utilized
for the purposes determined by the governing body of the county as authorized
pursuant to this subsection.

���� b.��� A county shall not
expend more than $100,000 for any proposed project or use to be undertaken
pursuant to a resolution or ordinance adopted pursuant to subsection a. of this
section authorizing a purpose specified in subparagraph (b), (c), or (f) of
paragraph (1) of subsection a. of section 2 of P.L.1997, c.24, unless the
governing body of the county first conducts a public hearing on the proposed
project or use and adopts a resolution or ordinance, as appropriate,
authorizing the expenditure.� Any public hearing required pursuant to this
subsection shall be held at least 45 days before the governing body of the
county takes action to adopt the resolution or ordinance authorizing the
expenditure.

���� c.���� In addition to any
other applicable requirements of law, rule or regulation, the governing body of
the county shall provide notice of the public hearing required pursuant to
subsection b. of this section at least 30 days before the date of the hearing
as follows:

���� (1)�� By mailing or otherwise
providing a copy of the notice to: (a) the county clerk and to the municipal
clerk of every municipality in which the land or lands affected by the proposed
project or use are located; and (b) any person who requests in writing of the
governing body to receive in advance such notices; and

���� (2)�� By publishing the notice
in a daily or weekly newspaper of general circulation in the county and each
municipality in which the land or lands to be affected by the proposed project
or use are located.

���� d.��� The governing body of
the county shall include the following information in all notices required
pursuant to subsection c. of this section: (1) a general description of the
proposed project or use and the location of the land or lands to be affected;
(2) the aggregate amount of monies to be utilized for the proposed project or
use; (3) a schedule setting forth the anticipated commencement and completion
date for the proposed project or use; (4) the date, time, and place of the
public hearing; (5) a statement that the public may submit written comments to
the governing body of the county on or before the date of the public hearing;
and (6) the name and address of the person designated by the governing body of
the county to receive the written comments and to contact for additional
information.

���� e.���� Any county whose
voters, prior to the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.),
approved pursuant to R.S.40:12-10 et seq. a proposition authorizing the
establishment, maintenance, and improvement of a system of public recreation
shall be deemed to have approved a proposition for any or all of the purposes
specified in paragraph (1) of subsection a. of section 2 of P.L.1997, c.24
(C.40:12-15.2) at the amount or rate specified in the original proposition,
which purposes shall be determined by adoption of a resolution or ordinance, as
appropriate, by the governing body of the county after conducting at least one
public hearing thereon.� Any fund created for the purposes of R.S.40:12-10 et
seq. shall be dissolved and any monies remaining therein shall be deposited
into the "County Open Space, Recreation, Floodplain Protection,
Urban
Agriculture and Horticulture,
and Farmland and Historic Preservation Trust
Fund" created pursuant to subsection c. of section 2 of P.L.1997, c.24 to
be utilized for the purposes determined by the governing body of the county as
authorized pursuant to this subsection.

(cf: P.L.2011, c.173, s.3)

���� 12.� Section 4 of P.L.1997,
c.24 (C.40:12-15.4) is amended to read as follows:

���� 4.��� Lands acquired by a
county using revenue raised pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.)
shall be held in trust and shall be used exclusively for the purposes
authorized under P.L.1997, c.24.

���� After conducting at least one
public hearing thereon and upon a finding that the purposes of P.L.1997, c.24
might otherwise be better served or that any land acquired by a county pursuant
thereto is required for another public use, which finding shall be set forth in
a resolution or ordinance, as appropriate, adopted by the governing body of the
county, the governing body may convey, through sale, exchange, transfer, or
other disposition, title to, or a lesser interest in, that land, provided that
the governing body shall replace any land conveyed under this section by land
of at least equal fair market value and of reasonably equivalent usefulness,
size, quality, and location to the land conveyed, and any monies derived from
the conveyance shall be deposited into the "County Open Space, Recreation,
Floodplain Protection,
Urban Agriculture and Horticulture,
and Farmland
and Historic Preservation Trust Fund" created pursuant to subsection c. of
section 2 of P.L.1997, c.24 (C.40:12-15.2) for use for the purposes authorized
by P.L.1997, c.24 (C.40:12-15.1 et seq.) for monies in the county trust fund.�
Any such conveyance shall be made in accordance with the "Local Lands and
Buildings Law," P.L.1971, c.199 (C.40A:12-1 et seq.).� In the event of
conveyance by exchange, the land or improvements thereon to be transferred to
the trust shall be at least equal in fair market value and of reasonably
equivalent usefulness, size, quality, and location to the land or improvements
transferred from the trust.

(cf: P.L.2011, c.173, s.4)

���� 13.� Section 5 of P.L.1997,
c.24 (C.40:12-15.5) is amended to read as follows:

���� 5.��� Amounts raised by
taxation for the purposes of P.L.1997, c.24 (C.40:12-15.1 et seq.) shall be
apportioned by the county board of taxation among the municipalities within the
county in accordance with R.S.54:4-49.� The amounts so apportioned shall be
assessed, levied and collected in the same manner and at the same time as other
county taxes.� The tax collected pursuant to P.L.1997, c.24 shall be referred
to as the "County Open Space, Recreation, Floodplain Protection,
Urban
Agriculture and Horticulture,
and Farmland and Historic Preservation
Tax."

(cf: P.L.2011, c.173, s.5)

���� 14.� Section 6 of P.L.1997,
c.24 (C.40:12-15.6) is amended to read as follows:

���� 6.� a.� The governing body of
any county in which the voters of the county have approved a proposition in
accordance with P.L.1997, c.24 (C.40:12-15.1 et seq.) may adopt a resolution
authorizing the distribution of monies deposited into the "County Open
Space, Recreation, Floodplain Protection,
Urban Agriculture and
Horticulture,
and Farmland and Historic Preservation Trust Fund"
created pursuant to subsection c. of section 2 of P.L.1997, c.24
(C.40:12-15.2), in such portions as deemed appropriate, to municipalities
within the county or to charitable conservancies, to be used in the county by
those municipalities or charitable conservancies for the purposes of P.L.1997,
c.24 in accordance with the provisions, conditions, and requirements thereof,
provided that any municipality or charitable conservancy receiving such monies
has presented a plan to the county documenting the proposed use of the monies.

���� b.��� Lands acquired by a
municipality pursuant to this section shall be held in trust and shall be used
exclusively for the purposes authorized by P.L.1997, c.24.

���� c.���� The governing body of a
municipality acquiring lands using monies received pursuant to this section
shall have full control of the lands and may adopt an ordinance providing for
(1) suitable rules, regulations, and bylaws for use of the lands, (2) the enforcement
of those rules, regulations and bylaws, and (3) when appropriate, the charging
and collection of reasonable fees for use of the lands or for activities
conducted thereon.

���� d.��� In order to qualify to
receive monies from a county trust fund pursuant to this section, the board of
directors, board of trustees, or other governing body, as appropriate, of an
applying charitable conservancy shall:

���� (1)�� demonstrate to the
governing body of the county that it qualifies as a charitable conservancy;

���� (2)�� agree to use the monies
only in connection with lands located in the county and for the purposes
authorized by P.L.1997, c.24;

���� (3)�� agree to make and keep
the lands accessible to the public, unless the governing body of the county
determines that public accessibility would be detrimental to the lands or to
any natural or historic resources associated therewith;

���� (4)�� agree not to sell,
lease, exchange, transfer, or donate the lands for which the monies received
were allocated for use pursuant to this section, except upon approval of the
governing body of the county under such conditions as the governing body may
establish; and

���� (5)�� agree to execute and
donate to the county at no charge (a) a conservation restriction or historic
preservation restriction, as the case may be, pursuant to P.L.1979, c.378
(C.13:8B-1 et seq.), or (b) a development easement, as defined pursuant to
section 3 of P.L.1983, c.32 (C.4:1C-13), as appropriate, on the lands for which
the monies received were allocated for use pursuant to this section.

(cf: P.L.2011, c.173, s.6)

���� 15.� Section 7 of P.L.1997,
c.24 (C.40:12-15.7) is amended to read as follows:

���� 7.� a.� (1) The governing body
of any municipality may submit to the voters of the municipality in a general
or special election a proposition authorizing imposition of an annual levy for
an amount or at a rate deemed appropriate for any or all of the following
purposes, or any combination thereof, as determined by the governing body:

���� (a)�� acquisition of lands for
recreation and conservation purposes;

���� (b)�� development of lands
acquired for recreation and conservation purposes;

���� (c)�� maintenance of lands
acquired for recreation and conservation purposes;

���� (d)�� acquisition of farmland
for farmland preservation purposes;

���� (e)�� historic preservation of
historic properties, structures, facilities, sites, areas, or objects, and the
acquisition of such properties, structures, facilities, sites, areas, or
objects for historic preservation purposes;

���� (f)�� payment of debt service
on indebtedness issued or incurred by a municipality for any of the purposes
set forth in subparagraph (a), (b), (d), (e)
[
or
]

,
(g)
,
or (h)
of this paragraph;
[
or
]

���� (g)�� Blue Acres projects
;
or

����
(h) acquisition and
stewardship of lands in urban areas of the State for agricultural or
horticultural purposes
.

���� (2)�� The amount or rate of
the annual levy may be subdivided in the proposition to reflect the relative
portions thereof to be allocated to any of the respective purposes specified in
paragraph (1) of this subsection or may be depicted as a total amount or rate,
to be subdivided in a manner determined previously, or to be determined at a
later date, by the governing body of the municipality after conducting at least
one public hearing thereon.

���� b.��� Upon approval of the
proposition by a majority of the votes cast by the voters of the municipality,
the governing body of the municipality may annually raise by taxation a sum not
to exceed the amount or rate set forth in the proposition approved by the voters
for the purposes specified therein.� If the amount or rate set forth in the
proposition was not subdivided among the various purposes, the governing body
of the municipality may determine the appropriate amount or rate to be
allocated to each purpose after conducting at least one public hearing thereon.

���� c.���� Amounts raised by the
levy imposed pursuant to this section shall be deposited into a "Municipal
Open Space, Recreation, Floodplain Protection,
Urban Agriculture and
Horticulture,
and Farmland and Historic Preservation Trust Fund" to be
created by the municipality, and shall be used exclusively for the purposes
authorized by the voters of the municipality.� Any interest or other income
earned on monies deposited into the municipal trust fund shall be credited to
the fund to be used for the same purposes as the principal.� Separate accounts
may be created within the municipal trust fund for the deposit of revenue to be
expended for each of the purposes specified in the proposition approved by the
voters of the municipality.� A municipality may deposit other funds into the
Municipal Open Space, Recreation, Floodplain Protection,
Urban Agriculture
and Horticulture,
and Farmland and Historic Preservation Trust Fund, as it
may, from time to time, deem appropriate.

���� d.��� The governing body of a
municipality may submit to the voters of the municipality in a general or
special election a proposition amending or supplementing a proposition
previously submitted, approved, and implemented as provided pursuant to this
section either (1) changing the amount or rate of the annual levy, or (2)
adding or removing purposes authorized pursuant to this section for which the
levy may be expended.� Upon approval of the amendatory or supplementary
proposition by a majority of the votes cast by the voters of the municipality,
the governing body of the municipality shall implement it in the same manner as
set forth in P.L.1997, c.24 for implementation of the original proposition.

���� e.���� Upon petition to the
governing body of a municipality signed by the voters of the municipality equal
in number to at least 15
[
%
]

percent

of the votes cast therein at the last preceding general election, filed with
the governing body at least 90 days before a general or special election, the
governing body of the municipality shall submit to the voters of the
municipality in the general or special election the proposition otherwise
authorized pursuant to subsection a. or subsection d. of this section, as the
case may be.

(cf: P.L.2011, c.173, s.7)

���� 16.� Section 8 of P.L.1997,
c.24 (C.40:12-15.8) is amended to read as follows:

���� 8.��� Any municipality whose
voters, prior to the effective date of P.L.1997, c.24 (C.40:12-15.1 et seq.),
approved pursuant to R.S.40:12-10 et seq. a proposition authorizing the
establishment, maintenance, and improvement of a system of public recreation
shall be deemed to have approved a proposition for any or all of the purposes
specified in paragraph (1) of subsection a. of section 7 of P.L.1997, c.24
(C.40:12-15.7) at the amount or rate specified in the original proposition,
which purposes shall be determined by adoption of an ordinance by the governing
body of the municipality after conducting at least one public hearing thereon.�
Any fund created for the purposes of R.S.40:12-10 et seq. shall be dissolved
and any monies remaining therein shall be deposited into the "Municipal
Open Space, Recreation, Floodplain Protection,
Urban Agriculture and
Horticulture,
and Farmland and Historic Preservation Trust Fund"
created pursuant to subsection c. of section 7 of P.L.1997, c.24 (C.40:12-15.7)
to be utilized for the purposes determined by the governing body of the
municipality as authorized pursuant to this section.

(cf: P.L.2011, c.173, s.8)

���� 17.� Section 9 of P.L.1997,
c.24 (C.40:12-15.9) is amended to read as follows:

���� 9.��� Lands acquired by a
municipality using revenue raised pursuant to P.L.1997, c.24 (C.40:12-15.1 et
seq.) shall be held in trust and shall be used exclusively for the purposes
authorized under P.L.1997, c.24.

���� After conducting at least one
public hearing thereon and upon a finding that the purposes of P.L.1997, c.24
might otherwise be better served or that any land acquired by a municipality
pursuant thereto is required for another public use, which finding shall be set
forth in an ordinance adopted by the governing body of the municipality, the
governing body may convey, through sale, exchange, transfer, or other
disposition, title to, or a lesser interest in, that land, provided that the
governing body shall replace any land conveyed under this section by land of at
least equal fair market value and of reasonably equivalent usefulness, size,
quality, and location to the land conveyed, and any monies derived from the
conveyance shall be deposited into the "Municipal Open Space, Recreation,
Floodplain Protection,
Urban Agriculture and Horticulture,
and Farmland
and Historic Preservation Trust Fund" created pursuant to subsection c. of
section 7 of P.L.1997, c.24 (C.40:12-15.7) for use for the purposes authorized
by P.L.1997, c.24 for monies in the municipal trust fund.� Any such conveyance
shall be made in accordance with the "Local Lands and Buildings Law,"
P.L.1971, c.199 (C.40A:12-1 et seq.).� In the event of conveyance by exchange,
the land or improvements thereon to be transferred to the trust shall be at
least equal in fair market value and of reasonably equivalent usefulness, size,
quality, and location to the land or improvements transferred from the trust.

(cf: P.L.2011, c.173, s.9)

���� 18.� Section 7 of P.L.1992,
c.157 (C.40:12-16.1) is amended to read as follows:

���� 7.��� The county agriculture
development board of a county in which the voters of the county have approved,
in a general or special election, a proposition authorizing the acquisition of
lands for farmland preservation purposes pursuant to P.L.1989, c.30 (C.40:12-16
et seq.) or P.L.1997, c.24 (C.40:12-15.1 et seq. ) shall, pursuant to the
provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), adopt a prioritized
list of farmland eligible for acquisition of development easements thereon by
installment purchase agreements pursuant to the provisions of P.L.1992, c.157
(C.40:12-16.1 et al.) if the county intends to acquire development easements on
farmland in that manner.� The governing body of the county shall annually
appropriate from the "County Open Space, Recreation, Floodplain
Protection,
Urban Agriculture and Horticulture,
and Farmland and
Historic Preservation Trust Fund" created pursuant to subsection c. of
section 2 of P.L.1997, c.24 (C.40:12-15.2) such amounts as it may deem
necessary to finance the acquisition of development easements on farmland
within that county by installment purchase agreement.

(cf: P.L.2011, c.173, s.10)

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

STATEMENT

���� This bill would authorize the
Garden State Preservation Trust (trust) to develop a program to acquire land
for agricultural or horticultural purposes in urban areas of the State through
the purchase of fee simple titles or lesser interests in land, including, but
not limited to, a development easement, a conservation restriction or easement,
or any other restriction or easement permanently restricting development, by
purchase or installment purchase agreement using constitutionally dedicated
moneys.

���� The bill would require the
trust to develop eligibility criteria for the acquisition of land in urban
areas of the State for agricultural or horticultural purposes and an
application process for landowners to apply to the trust to sell a fee simple
title or a lesser interest in land.� The trust would be required to prioritize
the purchase of small parcels of land in urban areas of the State that are
suitable for agricultural or horticultural purposes.

���� Under the bill, any land
acquired in fee simple by the trust would be required to be held of record in
the name of the State and may be offered for lease by the State using a
competitive bidding process to interested parties, provided that the land is to
be utilized for agricultural or horticultural purposes.� The trust would be
required to establish an application process for the lease of land acquired by
the trust, which would require applicants to provide information concerning the
intended use of the land for agricultural or horticultural purposes.� The terms
of the lease are to be established by the trust.

���� The bill would require the
trust to designate areas of the State as urban areas based on population
density, residential and commercial development, and non-residential land uses,
among other factors, in a specific region, and to adopt rules and regulations
as necessary to implement the bill�s provisions.

���� In addition, the bill would
establish funding allocations for the constitutional dedication of Corporation
Business Tax (CBT) revenues for fiscal year 2026 and thereafter.� Under the
bill, on July 1 next following the bill�s effective date, $25 million of the
amount credited to the Preserve New Jersey Fund Account pursuant to the
�Preserve New Jersey Act,� P.L.2016, c.12 (C.13:8C-43 et seq.) would be
required to be deposited into the Preserve New Jersey Urban Agriculture and
Horticulture Fund, established pursuant to the bill.� In addition, in each
State fiscal year commencing in State fiscal year 2026 and annually thereafter,
of the amount credited by the State Treasurer to the Preserve New Jersey Fund
Account pursuant to the �Preserve New Jersey Act,� P.L.2016, c.12 (C.13:8C-43
et seq.): (1) 62 percent would be required to be deposited into the Preserve
New Jersey Green Acres Fund; (2) 26 percent would be required to be deposited
into the Preserve New Jersey Farmland Preservation Fund; (3) seven percent would
be required to be deposited into the Preserve New Jersey Historic Preservation
Fund; and (4) five percent would be required to be deposited into the Preserve
New Jersey Urban Agriculture and Horticulture Fund.

���� The bill would also require
the trust to establish and administer the Urban Agriculture and Horticulture
Stewardship Grant Program (grant program) for the purpose of providing grants
to qualified applicants for stewardship activity projects, including, but not
limited to, projects that improve soil health, climate resiliency, and erosion
and sediment control, on land that has been acquired by the trust and preserved
for agricultural and horticultural purposes pursuant to the bill.� Section 6 of
the bill establishes certain eligibility criteria and application requirements
for qualified applicants applying for a grant under the grant program.� The
trust would be required to approve applications for the grant program on a
rolling basis subject to the availability of funds in the Preserve New Jersey
Urban Agriculture and Horticulture Fund.� Upon the approval of an application,
the trust would be required to provide a grant, in an amount not to exceed
ninety percent of the total estimated costs of the stewardship activity
project, to the qualified applicant.

���� The bill would authorize the
trust to utilize moneys in the Preserve New Jersey Urban Agriculture and
Horticulture Fund for: (1) the fee simple acquisition or lesser interests in
land, including, but not limited to, a development easement, a conservation
restriction or easement, or any other restriction or easement permanently
restricting development, by purchase or installment purchase agreement of land
in urban areas of the State for agricultural or horticultural purposes; (2)
providing grants under the grant program; and (3) paying certain administrative
costs.� Of the monies deposited into the Preserve New Jersey Urban Agriculture
and Horticulture Fund, not more than fifteen percent can be utilized by the
trust for organizational, administrative and other work and services, including
salaries, equipment, and materials necessary to administer the bill�s
provisions.

���� Finally, the bill would allow
counties and municipalities to utilize open space trust funds for the
additional purpose of acquiring lands in urban areas of the State for
agricultural or horticultural purposes.� Under current law, counties are
authorized to establish �County Open Space, Recreation, Floodplain Protection,
and Farmland and Historic Preservation Trust Funds� and municipalities are
authorized to establish �Municipal Open Space, Recreation, Floodplain
Protection, and Farmland and Historic Preservation Trust Funds.� This bill
would expand this authorization to specifically include the acquisition and
stewardship of lands in urban areas of the State for agricultural or
horticultural purposes and would revise the names of these open space trust funds
to include �urban agriculture and horticulture.�