A594 2R

An Act establishing the New Jersey State Parks and ¹[Forests] Open Space¹ Foundation, and supplementing Title 13 of the Revised Statutes.

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

1. As used in this act:

¹[“Development” or “develop” means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).]

“Commissioner” means the Commissioner of Environmental Protection.

²“County and municipal parks and open space” means parks, forests, historic sites, natural areas, wildlife management areas, and any other lands, waters, and facilities owned or administered by a county or a municipality, or an agency thereof, for recreation and conservation purposes.²

“Department” means the Department of Environmental Protection.

“Foundation” means the New Jersey State Parks and Open Space Foundation established pursuant to section 2 of this act.¹

“Qualifying tax exempt nonprofit organization” means a nonprofit organization that is exempt from federal taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501 (c)(3), and which qualifies for a grant pursuant to section 27 P.L.1999, c.152 (C.13:8C-27).

¹[“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).

“State parks and forests” means the same as that term is defined in section 3 of P.L.1983, c.324 (C.13:1L-3).

“Stewardship activity” means the same as that term is defined in section 3 of P.L.2016, c.12 (C.13:8C-45).]

“State parks and open space” means State parks, forests, historic sites, natural areas, wildlife management areas, and any other lands, waters, and facilities owned or administered by the department for recreation and conservation purposes.¹

2. a. There is established ¹[in the Department of Environmental Protection]¹ a nonprofit, educational, and charitable organization to be known as the New Jersey State Parks and ¹[Forests] Open Space¹Foundation. The foundation shall be devoted to the raising of funds ¹[for the support, including maintenance and development, and promotion of New Jersey’s State parks and forests] to be used for (1) improvements to natural or artificial assets, including the planning, design, construction, installation, renovation, repair, or restoration thereof, which are designed to expand and enhance the utilization of State parks and open space ², and county and municipal parks and open space,² for recreation and conservation purposes and the equitable access thereto; and (2) activities, beyond the routine operations of State parks and open space, ²or county and municipal parks and open space,² which are intended to enhance public programming and recreational and educational offerings, restore or maintain public accessibility to the natural resources of the State, or support operation and maintenance activities attendant thereto. Funds raised by the foundation shall be supplementary to State and federal funds received by the department for these purposes¹ .

b. The foundation shall be incorporated as a New Jersey nonprofit corporation pursuant to ¹[P.L.1983, c.127 (C.15A:1-1 et seq.)] N.J.S.15A:1-1 et seq.¹, and shall be organized and operated in such manner as to be eligible under applicable federal law for tax-exempt status and for the receipt of tax-deductible contributions.

¹[c. The New Jersey State Parks and Forests Foundation shall be governed by a board of directors, which shall consist of nine members, as follows:

(1) one representative from the Governor's office, who shall be appointed by, and shall serve during the term of, the Governor;

(2) the Commissioner of Environmental Protection, or the commissioner’s designee, who shall serve ex officio;

(3) the chairperson of the Garden State Preservation Trust established pursuant to section 4 of P.L.1999, c.152 (C.13:8C-4), or the chairperson’s designee, who shall serve ex officio; and

(4) six members of the public, appointed by the Governor, with the advice and consent of the Senate, who shall have expertise in open space preservation, natural lands management, or fundraising, and be residents of the State. Of the members appointed pursuant to this paragraph, at least three shall represent nonprofit organizations having open space preservation or environmental education as their corporate purpose.

No person holding elective public office shall be eligible to be a member of the board of directors.

d. Of the public members first appointed pursuant to paragraph (4) of subsection c. of this section, one shall be appointed to a term of one year, two shall be appointed to a term of two years, two shall be appointed to a term of three years, and one shall be appointed to term of four years. Following the expiration of the original terms, the public members shall serve for a term of four years and are eligible for reappointment. Any vacancy shall be filled in the same manner as the original appointment, for the unexpired term. A public member may continue to serve until their successor is appointed.

e. No member of the board of directors shall engage in any business transaction or professional activity for profit with the New Jersey State Parks and Forests Foundation.

f. Members of the board of directors shall serve without compensation, but shall be entitled to reimbursement for necessary expenses incurred in the performance of their duties.

g. The board of directors of the New Jersey State Parks and Forests Foundation shall be authorized, within the limits of its own funds, to employ an executive director and professional, technical, and administrative personnel. Employees of the foundation shall not be construed to be employees of the State of New Jersey. The board shall also be authorized to contract for such professional and administrative services as it shall deem necessary.

h. Upon the incorporation of the New Jersey State Parks and Forests Foundation and the establishment of the first board of directors, the board shall adopt bylaws setting forth the structure, officers, powers, and duties of the foundation.

i. The first chairperson of the foundation shall be the public member first appointed by the Governor. At the first meeting of the foundation held in each subsequent year, the members shall elect one of the public members to serve as chairperson. The members shall annually elect one of the public members as vice chairperson, and shall select a secretary and a treasurer, who need not be members of the foundation. The same person may be elected to serve as both secretary and treasurer.

j. Five members of the board of directors shall constitute a quorum, and action may be taken and motions and resolutions adopted at any meeting thereof by the affirmative vote of a majority of the full membership of the board of directors. No vacancy in the membership of the trust shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the trust. The foundation shall meet at the call of the chairperson, or upon the request of any four members of the board of directors. The foundation shall in all respects comply with the provisions of the “Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.).

k. The Department of Environmental Protection shall provide staff support to the foundation. The foundation shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as the foundation may require and as may be available to the foundation for its purposes.] The foundation shall be a separate and independent entity from the State and any State department, and shall have all of the rights and powers of a corporation organized under N.J.S.15A:1-1 et seq.

c. The department may provide financial assistance and the services of employees of the department as may be required to form and incorporate the foundation within the limits of funds appropriated to the department or otherwise made available to the department for these purposes. Once the foundation is incorporated, the foundation may apply for grants-in-aid from any department or instrumentality of the State as may be necessary to supplement other funding raised by or otherwise made available to the foundation.¹

¹3. a. The New Jersey State Parks and Open Space Foundation shall be governed by a board of directors, which shall consist of 12 members, as follows:

(1) the Commissioner of Environmental Protection, or the commissioner’s designee, who shall serve as a nonvoting, ex officio member;

(2) the Secretary of State, or the secretary’s designee, who ²shall² serve as a nonvoting, ex officio member;

(3) the State Treasurer, of the treasurer’s designee, who ²shall² serve as a nonvoting, ex officio member;

(4) the chairperson of the Garden State Preservation Trust established pursuant to section 4 of P.L.1999, c.152 (C.13:8C-4), or the chairperson’s designee, who shall serve ex officio;

(5) six members of the public, appointed by the Governor, with the advice and consent of the Senate, who shall have expertise in open space preservation, recreational development, natural lands management, or fundraising. Of the public members appointed pursuant to this paragraph, at least three members shall represent nonprofit organizations having open space preservation or environmental education as their corporate purpose, and two members shall have experience advancing the causes of equity or environmental justice;

(6) one member of the public appointed by the President of the Senate; and

(7) one member of the public appointed by the Speaker of the General Assembly.

b. All public members of the board of directors shall be residents of the State and shall be selected to provide diverse geographic representation across the State. No person holding elective public office shall be eligible to be a member of the board of directors.

c. Of the public members first appointed pursuant to paragraph (5) of subsection a. of this section, one shall be appointed to a term of one year, two shall be appointed to a term of two years, two shall be appointed to a term of three years, and one shall be appointed to term of four years. The public members appointed pursuant to paragraphs (6) and (7) of subsection a. of this section shall be appointed to terms of three years. Following the expiration of the original terms, the public members shall serve for a term of four years and shall be eligible for reappointment. Any vacancy shall be filled in the same manner as the original appointment, for the unexpired term. A public member may continue to serve until a successor is appointed.

d. No member of the board of directors shall engage in any business transaction or professional activity for profit with the foundation or the department.

e. Members of the board of directors shall serve without compensation, but shall be entitled to reimbursement for necessary and reasonable expenses incurred in the performance of their duties.

f. The board of directors shall be authorized, within the limits of its own funds, to employ an executive director and professional, technical, and administrative personnel. Employees of the foundation shall not be construed to be employees of the State of New Jersey. The board shall also be authorized to contract for such professional and administrative services as it shall deem necessary.

g. Upon the incorporation of the foundation and the establishment of the first board of directors, the board shall adopt bylaws setting forth the structure, officers, powers, and duties of the foundation and a code of ethics for the avoidance of conflicts of interest.

h. The commissioner shall serve as the chairperson of the board. The members shall annually elect one of the public members as vice chairperson, and shall select a secretary and a treasurer, who need not be members of the foundation. The same person may be elected to serve as both secretary and treasurer.

i. Five members of the board of directors shall constitute a quorum, and action may be taken, and motions and resolutions adopted at any meeting thereof by the affirmative vote of a majority of the appointed membership of the board of directors. No vacancy in the membership of the board shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the board. The board shall meet at the call of the chairperson, but not less than quarterly, or upon the request of any four members of the board of directors. The foundation shall in all respects comply with the provisions of the “Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.).

j. Members of the board and officers and employees of the foundation shall not be liable in an action for damages to any person for any action taken or recommendation made within the scope of their employment as a member, officer, or employee, if the action or recommendation was taken or made without malice. The members of the board shall be indemnified and their defense of any action provided for in the same manner and to the same extent as employees of the State under the “New Jersey Tort Claims Act,” N.J.S.59:1-1 et seq., with respect to actions or omissions in the scope of their employment.

k. The foundation may convene committees to administer the work of the foundation as it may deem appropriate, including for the consideration of specific fundraising strategies. The foundation shall convene committees dedicated to the solicitation and administration of funds for Liberty State Park, Island Beach State Park, and other specific State parks, or to open space, initiatives, or projects deemed appropriate by the board, and may solicit and accept specifically dedicated donations, which shall be subject to separate and distinct accounting.¹

¹[3.] 4.¹ The New Jersey State Parks and ¹[Forests] Open Space¹ Foundation shall have the power:

a. to sue and be sued in its own name ¹[, but members of the board of directors shall be held harmless for acts performed in good faith]¹;

b. to adopt a seal and alter the same at pleasure;

c. to adopt bylaws for the regulation of its affairs and the conduct of its business;

d. to maintain an office or offices at such a place or places within the State as it may designate;

e. to appoint such officers, who need not be members of the foundation, in addition to a secretary and a treasurer, as the foundation deems advisable, and to employ such other employees and agents as may be necessary or desirable in its judgment, to fix their compensation, and to promote and discharge such officers, employees and agents, all without regard to the provisions of Title 11, Civil Service, of the Revised Statutes;

f. to apply for and accept any grant of money from the federal government, which might be or may become available for programs in furtherance of its statutory goals, to subscribe to and comply with any rule or regulation made by the federal government with respect to the application of such a grant, and to enter into and perform any contract or agreement with respect to the application of such a grant;

g. to make, enter into, and perform all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act;

h. to cooperate with and assist, insofar as practicable, any agency of the State or any of its political subdivisions, and any private agency or person in furtherance of the purposes of the foundation; and

i. to do all acts and things necessary or convenient to carry out the powers expressly granted in this act.

¹[4.] 5.¹ a. The New Jersey State Parks and ¹[Forests] Open Space¹ Foundation shall have the following powers, in particular:

(1) to solicit and ¹[collect] accept¹ monetary donations ¹[and receive] ,¹ gifts, grants, devises, ¹[and]¹ bequests ¹[of financial contributions for the development, including stewardship, of State parks and forests;

(2) to accept gifts, legacies, bequests, and endowments for any purpose within the scope of the foundation] , legacies, endowments, personal property, or services from any public or private sources,¹ and, unless otherwise specified by the person making such a ¹donation,¹ gift, ¹, grant, devise,¹ legacy, bequest, or endowment ¹[of money in furtherance of the foundation]¹ , to invest ¹or reinvest¹ the same in whole or in part in ¹[an interest-bearing trust account or general obligations of the State of New Jersey;] accordance with the provisions of subsection c. of this section; and¹

¹[(3)] (2)¹ to apply all moneys, assets, property, or other things of value it may receive incident to its operation or pursuant to the general purposes of the foundation ¹[;

(4) in consultation with the Commissioner of Environmental Protection, to develop and oversee opportunities for the construction and operation of renewable energy generation systems at State parks and forests, provided that:

(a) any renewable energy generation system shall not interfere with the use of the lands for recreation and conservation purposes and shall not violate any development easement, conservation restriction or easement, or other restriction or easement permanently restricting development on the land;

(b) any electric energy generated shall be used first to reduce the energy needs of the State park or forest in which the renewable energy generation system is located; and

(c) any income derived from the location and operation of renewable energy generation system pursuant to this paragraph shall be dedicated for the development, including stewardship, of State parks and forests and be invested or held pursuant to subsection c. of this section;

(5) to advise the Department of Environmental Protection concerning the preparation of master plans and management plans prepared by the department for each State park and forest pursuant to section 5 of P.L.1983, c.324 (C.13:1L-5) in order to enhance outdoor recreational activities and programs within State parks and forests for the benefit of the State's citizens; and

(6) to enter into partnerships with qualifying tax exempt nonprofit organizations or local government units for the development, including stewardship, of lands preserved for recreation and conservation purposes]¹ .

b. ¹(1)¹ All funds received by the ¹[New Jersey State Parks and Forests Foundation] foundation¹ , other than those necessary to pay for the expenses of the foundation, shall be used exclusively for ¹[the development, including stewardship, and promotion of State parks and forests. All expenditures for the development, including stewardship, and promotion of State parks and forests shall be undertaken in consultation with the Division of Parks and Forestry or Division of Fish and Wildlife, as applicable.] : (a) improvements to natural or artificial assets, including the planning, design, construction, installation, renovation, repair, or restoration thereof, which are designed to expand and enhance the utilization of State parks and open space ², and county and municipal parks and open space,² for recreation and conservation purposes and the equitable access thereto; and (b) activities, beyond the routine operations of State parks and open space, ²or county and municipal parks and open space,² which are intended to enhance public programming and recreational and educational offerings, restore or maintain public accessibility to the natural resources of the State, or support operation and maintenance activities attendant thereto.

(2) The foundation shall develop an open and transparent process governing the solicitation of funding and the method by which funding shall be made available to the department for the purposes set forth in this act. The process shall ensure that any attribution or recognition for a donation is minimal and equal regardless of the size of a donation. Except as otherwise provided in subsection k. of section 3 of this act, all funding shall be made available to the department for use, consistent with paragraph (1) of this subsection, in the areas of greatest need, as determined by the department in its sole discretion.¹

c. All monetary donations or other financial contributions received by the foundation shall be invested ¹and reinvested by the foundation¹ in ¹such obligations, securities, or other¹ permitted investments ¹[or shall be held in interest-bearing accounts in those depositories selected by the foundation, in conjunction with the State Treasurer, and may be invested and reinvested in permitted investments or as other] as the board shall deem prudent, to the same extent that¹ trust funds in the custody of the State Treasurer ¹[in the manner provided by] are invested and reinvested, and in a manner that is consistent with the purposes and provisions of this act and with other State and federal¹ law. All interest or other income or earnings derived from the investment or reinvestment of moneys by the foundation shall be credited to the foundation to be used ¹[for the development, including stewardship, of State parks and forests pursuant to this] in accordance with the provisions of this act¹.

¹6. The foundation shall not have the authority to accept real property and shall direct all offers of real property to the department.¹

¹7. All expenses incurred by the foundation shall be payable from funds raised by the foundation, and no liability or obligation, in tort or contract, shall be incurred by the State for the operation of the foundation. The foundation shall obtain private counsel, and shall not be represented by the Attorney General or indemnified by the State of New Jersey.¹

¹[5.] 8.¹ a. The foundation shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants. The cost thereof shall be considered an expense of the foundation, and a copy thereof shall be filed with the Director of the Division of Budget and Accounting in the Department of the Treasury.

b. The foundation shall prepare and annually submit a report to the Governor, the ¹[Commissioner of Environmental Protection] commissioner¹ , and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, documenting the foundation’s activities during the preceding year, together with any recommendations or requests the foundation deems appropriate to further the purposes of the foundation. The report shall include a complete operating and financial statement covering the operations during the year, a specific short range financing plan for the upcoming year, and a long range financing plan for the next five years.

Within 10 days after the report is submitted to the ¹[Commissioner of Environmental Protection] commissioner¹ pursuant to this subsection, the commissioner shall post a copy of the report on the ¹department’s¹ Internet website ¹[of the Department of Environmental Protection]¹.

¹[6.] 9.¹ This act shall take effect immediately.