S2424

An Act concerning publicly owned forested land, supplementing Title 13 of the Revised Statutes, amending P.L.1975, c.363 and P.L.2018, c.107, and making an appropriation.

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

1. (New section) As used in section 1 through 7 of P.L. , c. (C. ) (pending before the Legislature as this bill):

"Commissioner" means the Commissioner of Environmental Protection.

"Department" means the Department of Environmental Protection.

"Forest plan" means a forest stewardship plan, forest management plan, ecological restoration plan, natural resource stewardship plan, wildlife management plan, or any other plan for the management of forested lands.

"Forest stewardship plan" means a comprehensive forest management plan for a property, developed by a professional forester, which addresses the management of trees, wildlife, soil, water, and recreational resources in the property for a period of 10 years.

"Forested land" means a defined and continuous area of land that lies wholly within a property, is at least 0.5 acres in size and has at least 10 percent canopy cover or is capable of achieving at least 10 percent canopy cover within a 10 year period.

2. (New section) a. The department shall conduct a comprehensive survey, mapping, and planning process for publicly owned forested lands, including lands owned by the State and lands owned by local government units, which have been acquired, in whole or in part, using State funds, and which are above the size threshold established by the department pursuant to subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The survey, mapping, and planning process shall include, but not be limited to:

(1) the development of geographic information system data that provide details about the location and composition of publicly owned forested lands;

(2) appropriate inventories of significant biota and resources in publicly owned forested lands;

(3) the identification, characterization, and provisions for the protection of places with historical, cultural, and spiritual significance for indigenous people;

(4) the identification of forests that are suitable to be designated as part of the New Jersey Natural Areas System established pursuant to the "Natural Areas System Act," P.L.1975, c.363 (C.13:1B-15.12a et seq.), or as Natural Heritage Priority Sites pursuant to P.L.1988, c.127 (C.13:1B-15.146 et seq.);

(5) the identification of areas where afforestation and reforestation should occur on public lands in order to help the State achieve its greenhouse gas emissions reduction goals, as well as provisions to ensure the success of afforestation and reforestation;

(6) the identification of areas suitable to function as carbon reserves pursuant to the program established by section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(7) the identification of areas where active management is needed to promote future carbon sequestration, maintain biodiversity, or to address current and future threats to ecological health;

(8) the identification of areas that are especially threatened by, or vulnerable to, the presence of invasive species;

(9) the identification of areas that are especially susceptible to wildfires; and

(10) the identification of areas that are especially affected by the presence of deer.

c. The survey, mapping, and planning process shall include the opportunity for public input and comment, including a minimum of three public hearings, at least one of which shall be held in each of the northern, central and southern regions of the State.

d. The survey, mapping, and planning process shall take into account the significant variations in the State's forests, both among forests in geographically diverse regions of the State and among different areas of the same forest.

e. The department shall conduct a survey, mapping, and planning process pursuant to this section at least every 10 years, provided that subsequent processes may utilize different planning, inventory, or management approaches, based on new data or different circumstances in the State's forests.

3. (New section) The department shall establish an advisory board, in a form and manner of the commissioner's choosing, to advise or assist the department in matters related to the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill), or utilize the "Forest Health Advisory Council" created pursuant to section 2 of P.L.2007, c.44
(C.13:1L-27) for this purpose. The advisory board or "Forest Health Advisory Council," as applicable, shall develop a definition of "ecological or safety threat," for the purposes of determining when active management activities may be carried out in a Carbon Reserve Forest established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. (New section) a. The department shall establish a program to designate appropriate forested areas of the State as Carbon Reserve Forests. The department shall utilize the identification provided pursuant to paragraph (6) of subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) when developing and implementing the program.

b. Under the program, Carbon Reserve Forests shall be designated with the following aims:

(1) advancing the State’s greenhouse gas emissions reduction goals;

(2) protecting mature forests; and

(3) providing for the development of old growth forests in the future.

c. Carbon Reserve Forests shall be managed in such a way as to allow natural processes to proceed with little to no habitat manipulation. Any active management activity carried out in a Carbon Reserve Forest shall have the aim of addressing an "ecological or safety threat," as that term is defined by the advisory council established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or the "Forest Health Advisory Council" created pursuant to section 2 of P.L.2007, c.44 (C.13:1L-27), as applicable.

5. (New section) a. No later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), to provide interim guidelines for forest plans for publicly owned forested lands. The rules and regulations adopted pursuant to this section shall:

(1) include an appropriate size threshold for parcels of forested land owned by local government units, in order for such parcels to be governed under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), provided that this size threshold shall not be less than 10 acres; and

(2) contain provisions that prohibit a forest plan for a parcel of publicly owned forested land from including commercial profit as a goal, and that authorize the sale of wood products only when the wood is removed in the service of an ecological, climate change-related, or other noncommercial goal.

b. Prior to the adoption of these rules and regulations pursuant to this section, the department shall not approve any new forest plan for a parcel of publicly owned forested land, except in the case of an emergency situation, as determined by the commissioner, including the imminent threat of fire or damage from an invasive species. Commencing one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the provisions of this subsection shall expire, regardless of whether or not the department has adopted rules and regulations pursuant to this section.

c. The rules and regulations adopted pursuant to this section shall expire upon the effective date of the rules and regulations adopted pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. (New section) a. No later than three years after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall adopt rules and regulations, pursuant to the “ Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), including establishing requirements governing forest plans for publicly owned forested lands.

b. The rules and regulations adopted pursuant to this section shall have the following aims for the State's forests, considered in the aggregate:

(1) maintaining and enhancing carbon sequestration and storage as necessary to advance the State's greenhouse gas emissions reduction goals;

(2) maintaining and enhancing the ecological health and biological diversity of publicly owned forested lands;

(3) increasing the resilience of the State with respect to the effects of climate change;

(4) increasing the protection of water and soil resources provided by publicly owned forested lands; and

(5) providing non-motorized, outdoor, nature-based recreational activities, including, but not limited to, boating, swimming, fishing, hiking, hunting, trapping, picnicking, nature observation, photography, horseback riding, tent and shelter camping, cross-country skiing, bicycling, snowshoeing, rock climbing, ice climbing, and the enjoyment of open space, for State residents and visitors.

c. The rules and regulations adopted pursuant to this section shall:

(1) be consistent with the determinations resulting from the comprehensive survey, mapping, and planning process for publicly owned forested lands carried out pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) contain provisions that prohibit a forest plan for a parcel of publicly owned forested land from including commercial profit as a goal, and that provide for the sale of wood products only when the wood is removed in the service of an ecological, climate change-related, or other noncommercial goal.

d. Commencing three years after the effective date of this section, or on the date the department adopts the rules and regulations required pursuant to this section, whichever is earlier, a forest stewardship plan or other management plan for a parcel of forested land owned by the State or a parcel of forested land above the size threshold established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and owned by a local government unit, shall conform to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) and the rules and regulations adopted pursuant to this section.

7. (New section) a. The department shall establish and implement a program to comprehensively measure the current deer population in the State, and shall develop programs to effectively reduce deer populations on publicly owned forested lands. The programs may include, but shall not be limited to:

(1) notwithstanding the provisions of R.S.23:4-27 to the contrary, establishing a pilot program for commercial sale of venison;

(2) studying the viability of reintroducing natural predators into the State;

(3) implementing fertility control measures on deer populations, including sterilization; and

(4) revising current rules, regulations, and guidelines regarding deer baiting and feeding practices, including the State Fish and Game Code adopted pursuant to sections 31 through 41 of P.L.1948, c.448 (C.13:1B-29 et al.).

b. (1) No later than 240 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall prepare and publish on its Internet website a draft report on the programs established pursuant to this section. The department shall provide an opportunity for public comment on the draft report for at least 90 days.

(2) No later than one year after the effective date of this section, the department shall submit a final report, which takes into consideration any public comments received, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The final report shall contain recommendations for legislative action to alleviate the problems caused by the deer population in the State.

8. Section 4 of P.L.1975, c.363 (C.13:1B-15.12a3) is amended to read as follows:

4. a. The department shall have the authority to establish the system initially by declaring those areas designated as natural areas as of January 1, 1975 and, after suitable studies and public hearings, up to 5,000 additional acres of State parklands, State forests, hunting and fishing preserves, or other State lands within the jurisdiction of the department to be within the system.

b. After the completion of the survey carried out pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall have the authority to declare additional acres of State forests, within the jurisdiction of the department and identified by the survey, to be within the system.

c. (1) No later than three years after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall develop and implement a forest plan for each natural area in the system, and shall update and revise, as appropriate, existing forest stewardship plans that have not been updated for 10 years or more. Each plan shall be published and maintained on the department's Internet website, and shall be updated at least every 10 years.

(2) As used in this subsection, “forest plan” and “forest stewardship plan” mean the same as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1975, c.363, s.4)

9. Section 4 of P.L.2018, c.107 (C.13:9-44.14) is amended to read as follows:

4. a. The Department of Environmental Protection shall, no later than 18 months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), develop and administer a program for prescribed burning on public and private lands under which the department may authorize a person to conduct a prescribed burn pursuant to a prescribed burn plan approved by the department. The program shall provide for the use of fire as a tool for the management of the State's forests, based upon sound science. The program shall include, but not be limited to:

(1) the development of a set of best practices for the use of prescribed burning as an effective tool for forest management and public safety;

(2) the development of a prescribed burn plan for each appropriate parcel of forested land owned by the State, with priority given to those areas that are identified as being especially susceptible to wildfires pursuant to paragraph (9) of subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(3) the provision of assistance, including appropriate training, to local governmental entities or private landowners in developing and implement a prescribed burn plan; and

(4) a process to identify and periodically report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature on any legal barriers that hinder the use of prescribed fire by trained land managers.

b. The department may charge a reasonable fee to cover the costs associated with the program. All such fees collected shall be credited to a special dedicated account in the General Fund and appropriated to the Forest Fire Service to help pay for the administration and operation of its forest fire programs.

c. A person who desires to conduct a prescribed burn only on land for which the person is the landowner or lessee shall not be required to become certified.

(cf: P.L.2018, c.107, s.4)

10. Section 5 of P.L.2018, c.107 (C.13:9-44.15) is amended to read as follows:

5. a. The department [may] shall conduct a prescribed burn or mechanically manage vegetation in any area of land within the State which is determined by the Forest Fire Service to be in [reasonable] danger of wildfire due to the accumulation of wildland fire fuels.

b. For lands not owned or controlled by the State, which are determined by the Forest Fire Service to be in [reasonable] danger of wildfire due to the accumulation of wildland fire fuels, the Forest Fire Service shall:

(1) provide written notice to each affected local governmental entity within which the affected land is located that describes the purpose of the prescribed burn and describes the areas to be burned in the prescribed burn;

(2) publish a prescribed burn notice, which shall include an explanation of the purpose of the prescribed burn and a description of the area to be burned, in at least one newspaper of general circulation in the area of the prescribed burn;

(3) provide prior written notice, by certified mail, return receipt requested, or personal service, of the proposed prescribed burn to each affected landowner and lessee, if known, of the purpose of the prescribed burn and the description of any land that is included in the area to be burned in the prescribed burn, which notice shall be sent at least 30 days prior to the prescribed burn unless the department makes a written finding that an emergency exists, in which case the prior written notice shall be sent as soon as possible after the finding is made; and

(4) consider any landowner or lessee objections to the prescribed burning of the property pursuant to subsection c. of this section.

c. An objecting landowner or lessee may apply to the Forest Fire Service for a review of alternative methods of wildland fire fuel reduction on the property. If the Forest Fire Service does not resolve the objection, the Assistant Commissioner or designee thereof shall convene a panel composed of the local Forest Fire Service manager, the fire chief of the jurisdiction, and a local official designated by the municipality in which the land is located, or any of their designees. The panel shall review the prescribed burning of the property, objections to the prescribed burn, and the proposed alternative fuel reduction methods, and shall recommend a course of action to reduce the wildland fire fuels that specifies the minimum amount of land required for treatment. If the panel's recommendation is not acceptable to the objecting landowner or lessee, the landowner or lessee may request further consideration by the Commissioner of Environmental Protection or the commissioner's designee, and shall thereafter be entitled to an administrative hearing as a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

d. The department may assess against a landowner or lessee reasonable fees and costs for a prescribed burn conducted by the Forest Fire Service for any wildland fuel hazard that poses an extraordinary threat to life, property, or a natural resource as authorized pursuant to this section.

(cf: P.L.2018, c.107, s.5)

11. Section 7 of P.L.2018, c.107 (C.13:9-44.17) is amended to read as follows:

7. The department, in consultation with the Department of Agriculture and no later than 18 months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations [necessary] to implement [this act] P.L.2018, c.107 (C.13:9-44.11 et seq.), which shall include, but [need] not be limited to, the issuance of appropriate notice to the public of prescribed burns conducted by the Forest Fire Service and the design, approval, and implementation of prescribed burn plans.

(cf: P.L.2018, c.107, s.7)

12. a. Notwithstanding the provisions of subsection j. or k. of section 6 of P.L.2016, c.12 (C.13:8C-48) to the contrary, there is appropriated the sum of $50,000,000 from dedicated corporation business tax revenues pursuant to Article VIII, Section II, paragraph 6 of the State Constitution in the “Preserve New Jersey Green Acres Fund,” established pursuant to section 6 of the “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-48), to the Department of Environmental Protection for the implementation of those portions of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) that qualify as development or a stewardship activity, as those terms are defined in section 3 of P.L.2016, c.12 (C.13:8C-45), for recreation and conservation purposes in accordance with the provisions of the “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-43 et seq.).

b. Notwithstanding the provisions of subsection e. of section 6 of P.L.2016, c.12 (C.13:8C-48) or any other law to the contrary, the expenditure of funds pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall not require the approval of the Joint Budget Oversight Committee, or its successor.

c. There is appropriated from the General Fund to the “Preserve New Jersey Green Acres Fund,” established pursuant to section 6 of the “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-48), the sum of $50,000,000 to implement the provisions of subsection a. of this section.

13. There is appropriated to the Department of Environmental Protection the sum of $10,000,000 from the “Garden State Green Acres Preservation Trust Fund” and any Green Acres fund established pursuant to 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, or P.L.2009, c.117, made available due to loan repayments and interest earnings, in order to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), provided that the use of the funds is consistent with the provisions of the relevant bond act.

14. This act shall take effect immediately.

STATEMENT

This bill would establish various programs and in the Department of Environmental Protection (DEP) concerning the management of publicly owned forested land in the State. The bill would appropriate $50 million in constitutionally dedicated corporate business tax (CBT) revenues and $10 million from Green Acres bond act funds to implement the programs established by the bill.

Specifically, the bill would require the DEP to conduct a comprehensive survey, mapping, and planning process for publicly owned forested lands, including lands owned by the State, and parcels of land owned by local government units that are larger than a size threshold that the DEP is to determine under the bill. The bill would require the survey to include certain items, as enumerated in subsection b. of section 2 of the bill, including the identification of forests that are suitable to be designated as part of the New Jersey Natural Areas System and the identification of areas suitable to function as carbon reserves. The bill would require the DEP to update the survey at least every 10 years.

The bill would direct the DEP to establish a program to designate appropriate forested areas of the State as Carbon Reserve Forests. The bill would require that the program have the goals of (1) sequestering sufficient carbon in the State to advance the State's greenhouse gas emissions reduction goals, (2) protecting mature forests, and (3) providing for the development of old growth forests in the future. Under the bill, active management (e.g., tree felling) of a Carbon Reserve Forest would be required to have the aim of addressing an ecological or safety threat.

Under the bill, the DEP would be required to adopt, within one year after the bill's enactment, rules and regulations to provide interim guidelines for forest stewardship and other management plans for publicly owned forested lands. The DEP would be required to cease approving such plans until the rules and regulations are adopted. In addition, the bill would require the DEP to adopt more comprehensive rules and regulations concerning forest stewardship plans on public forests, within three years after the bill's enactment. The bill would establish certain requirements for the rules and regulations, as enumerated in subsections b. and c. of section 6 of the bill. The bill would require any forest stewardship or other management plan for a State-owned parcel of forested land, or for a locally owned parcel of forested land that is larger than the size threshold established by the DEP, to conform to the rules and regulations. The bill would require that this threshold be not less than 10 acres.

The bill would direct the DEP to establish a program to measure the deer population on publicly owned forested lands. The bill would also direct the DEP to begin developing programs to reduce the deer population, including: (1) establishing a pilot program for commercial sale of venison; (2) studying the viability of reintroducing natural predators into the State; (3) implementing fertility control measures on deer populations, including sterilization; and (4) revising current rules, regulations, and guidelines regarding deer baiting and feeding practices.

The bill would amend the "Natural Areas System Act," P.L.1975, c.33 (C.13:1B-15.12a) to authorize the DEP to add additional acres of appropriate forested lands to the State's Natural Areas System. The bill would also require the DEP to develop and implement an appropriate management plan for each natural area in the Natural Areas System.

The bill would amend the "Prescribed Burn Act," P.L.2018, c.107 (C.13:9-44.11 et seq.) to require the DEP to develop and administer a program for prescribed burning on public and private lands within 18 months after the bill's enactment. The bill would also require that certain provisions be included in the program. Current law authorizes the DEP to conduct prescribed burning or mechanical vegetation removal on an area of land which is determined by the Forest Fire Service to be in reasonable danger of wildfire. This bill would require the DEP to conduct prescribed burning or mechanical vegetation removal on an area of land which is determined by the Forest Fire Service to be in danger of wildfire. The bill would also require the DEP to adopt rules and regulations to implement the "Prescribed Burn Act" within 18 months after the bill's enactment.

Finally, the bill would appropriate $50 million in constitutionally dedicated CBT revenues for those portions of the bill's provisions that qualify as development or a stewardship activity on lands permanently preserved for recreation and conservation purposes. The bill would also appropriate $10 million from Green Acres bond act funds to implement the bill's provisions, provided that the use of the moneys is consistent with the provisions of the relevant bond act.