Authorizes local governments and nonprofit organizations to utilize certain constitutionally dedicated CBT revenues for administrative expenses.

A5101

ASSEMBLY, No. 5101

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 18, 2026

Sponsored by:

Assemblywoman� HEATHER SIMMONS

District 3 (Cumberland, Gloucester and Salem)

SYNOPSIS

���� Authorizes local governments and nonprofit
organizations to utilize certain constitutionally dedicated CBT revenues for
administrative expenses.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the Green Acres program and amending
P.L.1999, c.152.

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

���� 1.� Section 27 of P.L.1999,
c.152 (C.13:8C-27) is amended to read as follows:

���� 27.� a.� (1) Any grant awarded
by the State to a local government unit to acquire lands for recreation and
conservation purposes shall be for 25
[
%
]

percent

of the cost of acquisition,
plus administrative expenses,
except that
the trust may authorize an increase in the State's share of the cost to a
maximum of 50
[
%
]

percent of
the cost of acquisition, plus administrative expenses,
upon a demonstration
of special need or exceptional circumstances.

���� (2)� Notwithstanding the
provisions of paragraph (1) of this subsection to the contrary:

���� (a)� a grant by the State for
lands acquired for recreation and conservation purposes by a qualifying open
space referendum county or a qualifying open space referendum municipality
shall be for 50
[
%
]

percent

of the cost of acquisition of the lands by that county or municipality,
plus
administrative expenses,
except that the trust may authorize an increase in
the State's share of the cost to a maximum of 75
[
%
]

percent of the cost of
acquisition, plus administrative expenses,
upon a demonstration of special
need or exceptional circumstances; and

���� (b)� a grant by the State for
lands acquired or developed for recreation and conservation purposes by a local
government unit in a municipality eligible to receive State aid pursuant to
P.L.1978, c.14 (C.52:27D-178 et seq.) shall be for 50
[
%
]

percent

of the cost of acquisition or development of the lands by the local government
unit,
plus administrative expenses,
except that the trust may authorize
an increase in the State's share of the cost to a maximum of 75
[
%
]

percent of
the cost of acquisition or development, plus administrative expenses,
upon
a demonstration of special need or exceptional circumstances.

���� b.��� A loan by the State for
lands to be acquired or developed by a local government unit for recreation and
conservation purposes may include up to 100
[
%
]

percent

of the cost of acquisition or development of the lands by the local government
unit,
plus administrative expenses,
shall bear interest of not more than
2
[
%
]

percent

per year, and shall be for a term of not more than 30 years for an acquisition
project and not more than 20 years for a development project.

���� c.� (1) A grant by the State
for lands to be acquired or developed by a qualifying tax exempt nonprofit
organization for recreation and conservation purposes may include up to 50
[
%
]

percent

of the cost of acquisition or development of the lands by the qualifying tax
exempt nonprofit organization
, plus administrative expenses
.

���� (2) (a)No grant shall be made
to a qualifying tax exempt nonprofit organization for a development project for
recreation and conservation purposes on lands owned by a local government unit
unless the local government unit is a co-applicant with the qualifying tax
exempt nonprofit organization or has otherwise indicated its approval in
writing of the proposed development project.

���� (b) A qualifying tax exempt
nonprofit organization shall not use as its matching share of the cost of
acquisition or development of lands for recreation and conservation purposes
any constitutionally dedicated grant moneys or any grant moneys obtained from a
Green Acres bond act.

���� (3)� To qualify to receive a
grant pursuant to this subsection, the board of directors or governing body of
the applying tax exempt nonprofit organization shall:

���� (a) demonstrate to the
commissioner that the organization qualifies as a charitable conservancy for
the purposes of P.L.1979, c.378 (C.13:8B-1 et seq.);

���� (b) demonstrate that the
organization has the resources to match the grant requested;

���� (c) agree to make and keep the
lands accessible to the public, unless the commissioner determines that public
accessibility would be detrimental to the lands or any natural resources
associated therewith;

���� (d) agree not to convey the
lands except to the federal government, the State, a local government unit, or
another qualifying tax exempt nonprofit organization, for recreation and
conservation purposes; and

���� (e) agree to execute and
donate to the State at no charge a conservation restriction pursuant to
P.L.1979, c.378 (C.13:8B-1 et seq.) on the lands to be acquired with the grant.

���� d.��� The local government
unit or qualifying tax exempt nonprofit organization share of the cost of an
acquisition of lands, if any, may be reduced (1) by the fair market value, as
determined by the commissioner, of any portion of the lands to be acquired that
have been donated to, or otherwise received without cost by, the local
government unit or qualifying tax exempt nonprofit organization; or (2) in the
case of a conveyance of the lands, or any portion thereof, to the local
government unit or qualifying tax exempt nonprofit organization at less than
fair market value, by the difference between the fair market value at the time
of the conveyance and the conveyance price to the local government unit or
qualifying tax exempt nonprofit organization.

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

����
f.� As used in this
section, �administrative expenses� means the labor costs, not to exceed three
percent of the cost of acquisition or development, as applicable, of the
property, incurred by a local government unit or qualifying tax exempt
nonprofit organization in organizing, negotiating, and administering the
acquisition or development of land for recreation and conservation purposes,
including, but not limited to, outreach to potential program participants,
negotiating with landowners, site visits, and document preparation, as such
labor costs are reported to, and confirmed applicable and reasonable by, the
department.� This subsection shall not be construed to limit the authority of
the department to provide for the costs of acquisition pursuant to subsections
a. through d. of this section.

(cf:� P.L.1999, c.152, s.27)

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

STATEMENT

���� This bill would amend existing
law to authorize local governments and nonprofit organizations that receive
constitutionally dedicated corporation business tax (CBT) revenues to acquire
or develop lands for recreation and conservation purposes to use a certain
portion of the funds for administrative expenses.� Specifically, the bill would
authorize those entities to use up to three percent of the value of the cost of
acquisition or development, as applicable, for administrative expenses.