A4766

An Act concerning county agriculture development boards and amending P.L.1998, c.48 and P.L.1983, c.32.

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

1. Section 5 of P.L.1998, c.48 (C.4:1C-10.1) is amended to read as follows:

5. a. Any person aggrieved by the operation of a commercial farm shall file a complaint with the applicable county agriculture development board or the State Agriculture Development Committee in counties where no county board exists prior to filing an action in court. In the event a county board is unable to convene a quorum due members of the county board having conflicts of interest related to the complaint filed pursuant to this subsection, the person who filed the complaint may file the complaint with the county board located in the adjacent county located closest to the commercial farm that is the subject of the complaint.

b. In the event the dispute concerns activities that are addressed by an agricultural management practice recommended by the committee and adopted pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the county board shall hold a public hearing and issue findings and recommendations within 60 days of the receipt of the complaint.

c. In the event the committee has not recommended an agricultural management practice concerning activities addressed by a complaint, the county board shall forward the complaint to the committee for a determination of whether the disputed agricultural operation constitutes a generally accepted agricultural operation or practice. Upon receipt of the complaint, the committee shall hold a public hearing and issue its decision, in writing, to the county board. The county board shall hold a public hearing and issue its findings and recommendations within 60 days of the receipt of the committee's decision.

d. Any person aggrieved by the decision of the county board shall appeal the decision to the committee within 10 days. The committee shall schedule a hearing and make a determination within 90 days of receipt of the petition for review.

e. The decision of the State Agriculture Development Committee shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court. Any decision of a county agriculture development board that is not appealed shall be binding.

(cf: P.L.1998, c.48, s.5)

2. Section 7 of P.L.1983, c.32 (C.4:1C-14) is amended to read as follows:

7. a. The governing body of any county may, by resolution duly adopted, establish a public body under the name and style of [“The County] the “County Agriculture Development Board,” with all or any significant part of the name of the county inserted. Every board shall consist of three non-voting members as follows: a representative of the county planning board; a representative of the local soil conservation district; and the county agent of the New Jersey Cooperative Extension Service whose jurisdiction encompasses the boundaries of the county; [and] seven voting members who shall be residents of the county [, four of whom] ; and two alternate members who shall be residents of the county or members of the county board of agriculture in an adjacent county. Four of the voting members and the two alternate members shall be actively engaged in farming, the majority of whom shall own a portion of the land they farm [,] ; and three of [whom] the voting members shall represent the general public [,] . The members shall be appointed by the board of [chosen freeholders] county commissioners , or, in the counties operating under the county executive plan or county supervisor plan pursuant to the provisions of the “Optional County Charter Law,” P.L.1972, c.154 (C.40:41A-1 et seq.), by the county executive, or the county supervisor, as the case may be, with the advice and consent of the board of [chosen freeholders] county commissioners . With respect to the four voting members and two alternate members actively engaged in farming, the county board of agriculture shall recommend to the board of [chosen freeholders] county commissioners , the county executive or the county supervisor, as appropriate, a list of potential candidates [and their alternates] to be considered for each appointment. Alternate members may participate in discussions of the proceedings but shall vote only in the absence or disqualification of a voting member. The alternate members shall only be eligible to vote in place of voting members actively engaged in farming. A vote shall not be delayed in order that a voting member may vote instead of an alternate member.

b. Of the seven members first to be appointed, three shall be appointed for terms of two years, two for terms of three years, and two for terms of four years. Thereafter, all appointments shall be made for terms of four years. The alternate members shall be appointed for terms of four years. Each of these members shall hold office for the term of the appointment and until a successor shall have been appointed and qualified. Any vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.

c. The board of [chosen freeholders] county commissioners , county executive or county supervisor, as appropriate, may appoint such other advisory members to the board as they may deem appropriate.

d. Members of the board shall receive no compensation but the appointive members may, subject to the limits of funds appropriated or otherwise made available for these purposes, be reimbursed for expenses actually incurred in attending meetings of the board and in performance of their duties as members thereof.

e. The board shall meet as soon as may be practicable following the appointment of its members and shall elect a chairman from among its members and establish procedures for the conduct of regular and special meetings, provided that all meetings are conducted in accordance with the provisions of the “Senator Byron M. Baer Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.). The chairman shall serve for a term of one year and may be reelected.

f. The chairman shall appoint three members actively engaged in farming to serve with the representatives of the general public for the purpose of mediating disputes pursuant to the provisions of section 19 of [this act] P.L.1983, c.32 (C.4:1C-26) .

g. Notwithstanding the provisions of subsections a. and b. of this section, any public body established by the governing body of any county prior to May 3, 1982 which was established to carry out functions substantially similar to the functions of boards pursuant to [this act] P.L.1983, c.32 (C.4:1C-11 et seq.) and which proposes to apply for grants pursuant hereto may carry out the functions authorized herein, provided that within five years following the effective date of [this act] P.L.1983, c.32 (C.4:1C-11 et seq.) those boards established prior to May 3, 1982 shall reorganize so that the board reflects no more than a simple majority of members actively engaged in farming or equal representation of the general public and those actively engaged in farming.

(cf: P.L.1993, c.19, s.1)

3. This act shall take effect on the first day of the third month next following the date of enactment.

STATEMENT

This bill amends current law concerning membership of county agriculture development boards (CADBs) and the process for the filing of complaints under the “Right to Farm Act,” P.L.1983, c.31 (C.4:1C-1 et al.).

Specifically, this bill would provide a mechanism for how Right to Farm disputes may be resolved if a CADB does not have quorum due to members with conflicts of interest. Under current law, in the event of a dispute, an individual or municipality aggrieved by the operation of a commercial farm is required to file a formal complaint with the appropriate CADB, or the State Agriculture Development Committee in counties where no CADB exists, prior to filing action in court. Under this bill, if a CADB is unable to convene a quorum due to members having conflicts of interest related to the filed complaint, the complaint may be filed with the CADB located in the adjacent county located closest to the commercial farm that is the subject of the complaint.

In addition, this bill amends the “Agriculture Retention and Development Act,” P.L.1983, c.32 (C.4:1C-11 et seq.), by creating alternate members on CADBs who would are able to vote in the absence or disqualification of a voting member. This bill would require each CADB to have two alternate members. The alternate members would be required to be actively engaged in farming and either be a resident of the county or a member of the CADB in an adjacent county. These alternate members would each serve for a term of four years and may vote in place of an appointed voting member who is actively engaged in farming should a voting member be absent or disqualified. The alternate voting member may participate in discussions of the proceedings when not voting. The alternate members would be appointed in the same manner as the four members actively engaged in farming.