A4027

An Act concerning agricultural operations in urban and suburban areas of the State, supplementing Title 4 of the Revised Statutes, and making an appropriation.

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

1. As used in this act:

“Agricultural operation” means the use of lands for agricultural purposes, including, but not limited to, a community garden or any operation that involves the growing or harvesting of plants or crops.

“Commission” means the “Urban and Suburban Agriculture Commission” established pursuant to section 2 of this act.

“Department” means the Department of Agriculture.

“Grant program” means the “Urban and Suburban Agriculture Grant Program” established pursuant to section 5 of this act.

“Qualified applicant” means a landowner or lessee who seeks to establish, or currently operates, an agricultural operation in an urban or suburban area of the State, and who meets any other eligibility requirements that the department may deem appropriate.

“Urban and suburban area” means any municipality that: (1) has a population density of greater than 1,500 people per square mile, according to the latest federal decennial census; or (2) any municipality that has a total population of at least 50,000 people, according to the latest federal decennial census.

2. a. There is established in the Department of Agriculture the “Urban and Suburban Agriculture Commission.”

b. The commission shall consist of seven members, as follows:

(1) the Secretary of Agriculture or their designee, who shall serve ex officio;

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

(3) the Executive Director of the State Agriculture Development Committee or their designee, who shall serve ex officio; and

(4) four members of the public with expertise in, or experience related to, urban and suburban agriculture operations, including, but not limited to, urban planning, agricultural development, or environmental engineering, to be appointed by the Governor.

c. Any vacancy in the membership of the commission shall be filled in the same manner as the original appointment.

d. Members of the commission shall be appointed within 30 days after the effective date of this act, and shall hold their initial organizational meeting as soon as practicable, but no later than 30 days following appointment of a majority of its authorized membership. The Secretary of Agriculture shall serve as the Chairperson of the commission. At the initial organizational meeting, the members shall elect a vice-chairperson from among the members of the commission by a majority vote of the members present.

e. Members of the commission shall serve without compensation, but the commission may reimburse its members for necessary expenses incurred in the discharge of their duties.

f. A majority of all the authorized members of the commission shall constitute a quorum, and no action of the commission shall be taken without the affirmative vote of a majority of all the authorized members of the commission, except for the election of the vice-chairperson at the initial organizational meeting pursuant to subsection d. of this section.

g. The Department of Agriculture shall provide primary staff support to the commission.

3. a. The duties of the commission shall be to:

(1) develop a program, to be implemented by the Department of Agriculture pursuant to section 4 of this act, for landowners or lessees seeking to establish, or currently operating, an agricultural operation in an urban or suburban area of the State to obtain soil and water supply testing to determine if the soil and water supply is suitable for an agricultural operation, which shall include establishing:

(a) soil and water supply testing standards and protocols for lands to be used as agricultural operations in urban and suburban areas of the State;

(b) application and eligibility criteria for the soil and water supply testing;

(d) a procedure for notifying landowners or lessees of the results of the soil or water supply testing, including providing information related to any required remediation of the soil or water supply that may be necessary if the soil or water supply testing results determined that the soil or water supply was unsuitable for an agricultural operation;

(2) develop educational courses and disseminate educational materials concerning the establishment, operation, and maintenance of agricultural operations in urban and suburban areas of the State. The educational courses and materials shall include, at a minimum, information concerning:

(a) the types of agricultural operations that are suitable for urban and suburban areas;

(b) how to operate and maintain agricultural operations in urban and suburban areas;

(d) the types of plants and nuts that can be foraged safely in urban and suburban areas of the State; and

(e) any other information that the commission determines necessary; and

(3) examine the types of equipment that may be necessary or useful for establishing or operating agricultural operations in urban or suburban areas of the State.

b. The commission shall prepare a report to the Governor, the Legislature, in accordance with the requirements of section 2 of P.L.1991, c.164 (C.52:14-19.1), and the Department of Agriculture that contains, at a minimum, information related to the:

(1) soil and water supply testing program established by the commission pursuant to paragraph (1) of subsection a. of this section;

(2) educational courses and materials provided by the commission; and

(3) the types of equipment that the commission determined may be necessary or useful in establishing or operating agricultural operations in urban or suburban areas of the State.

c. The commission shall submit additional reports, as necessary, to the Governor, the Legislature, in accordance with the requirements of section 2 of P.L.1991, c.164 (C.52:14-19.1), and the Department of Agriculture to reflect any changes that have been made to the soil and water supply testing program, the educational courses or materials, or the recommended equipment since the submission of the initial report pursuant to subsection b. of this section.

4. a. No later than six months after the commission’s submission of its initial report pursuant to subsection b. of section 3 of this act, the department shall establish the soil and water supply testing program developed by the commission pursuant to paragraph (1) of subsection a. of section 3 of this act. The department shall utilize the soil and water supply testing standards and protocols, the application and eligibility criteria, the procedures for conducting the soil and water supply testing, and the procedures for notifying applicants concerning the results of the soil and water supply testing developed by the commission pursuant to paragraph (1) of subsection a. of section 3 of this act.

b. In implementing the soil and water supply testing program, the department shall consult with the commission before making any changes to the implementation of the soil and water supply testing program developed by the commission.

c. The department shall prepare and submit an annual report to the Governor, the Legislature, in accordance with the requirements of section 2 of P.L.1991, c.164 (C.52:14-19.1), and the commission concerning the effectiveness of the soil and water supply testing program. The report shall include, at a minimum, information related to the:

(a) number of applicants that applied for soil and water supply testing during the year;

(b) methods utilized to conduct the soil and water supply testing during the year;

(c) number of applicants whose soil and water supply testing results determined that the soil and water supply was suitable for use as an agricultural operation during the year;

(d) number of applicants whose soil and water supply testing results determined that the soil and water supply was not suitable for use as an agricultural operation during the year; and

(e) amount of money that was spent on soil and water supply testing during the year.

5. a. The department shall establish and administer the “Urban and Suburban Agriculture Grant Program” for the purpose of providing grants to qualified applicants for the purchase of certain equipment to be used at agricultural operations in urban or suburban areas of the State.

b. In establishing the grant program, the department 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

(3) consider the findings of the commission related to the types equipment that may be necessary or useful for establishing or operating agricultural operations in urban or suburban areas of the State pursuant to paragraph (3) of subsection a. of section 3 this act.

c. To qualify for the grant program, a qualified applicant shall demonstrate to the department that the qualified applicant:

(1) intends to use the grant to purchase equipment for use at an agricultural operation in an urban or suburban area of the State; and

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

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

(1) demonstrating that the qualified applicant meets the eligibility requirements established pursuant to subsection c. of this section;

(2) outlining the anticipated use of the grant, including a detailed explanation of the types of equipment to be purchased using the grant and the ways the equipment will be utilized at the agricultural operation; and

(3) estimating the amount of the grant funding that would be required to purchase the equipment outlined pursuant to paragraph (2) of this subsection.

e. The department may approve applications for the grant program on a rolling basis, subject to the availability of funding for the grant program.

f. Upon approval of an application, the department shall provide a grant, in an amount not to exceed $10,000, to the qualified applicant to support the costs of purchasing certain equipment to be used at the qualified applicant’s agricultural operation. The maximum amount of funding to be provided under the grant program shall be $250,000.

g. The department shall prepare and submit a report on the “Urban and Suburban Agriculture 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 department’s Internet website, no later than one year after the first grant to a qualified applicant is awarded, and annually thereafter until all funding for the grant program is depleted. 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 department determines necessary to evaluate the progress of the grant program.

6. a. The department shall establish a reimbursement program for the purpose of reimbursing individuals that elect to take an educational course established by the commission pursuant to paragraph (2) of subsection a. of section 3 of this act.

b. In establishing the reimbursement program, the department shall develop a process for individuals who have taken an educational course established by the commission pursuant to paragraph (2) of subsection a. of section 3 of this act to submit documentation to the department that demonstrates that the individual:

(1) signed up for, and attended, the educational course; and

(2) paid for the educational course, including the amount that the individual paid for the educational course.

c. Upon receipt of the documentation required pursuant to subsection b. of this section, the department shall provide reimbursement, in an amount to be determined by the department, to the individual that provided the required documentation. The maximum amount of funding to be provided under the reimbursement program shall be $100,000.

d. The department shall publish on the department’s Internet website information related to the educational courses established by the commission pursuant to paragraph (2) of subsection a. of section 3 of this act and the reimbursement program offered by the department pursuant to this section.

e. The department shall prepare and submit a report to the Governor, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, concerning the effectiveness of the reimbursement program. The report shall contain, at a minimum, information related to the number of individuals that applied for reimbursement under the reimbursement program during the year and the total amount of money spent providing reimbursements under the reimbursement program during the year.

7. The department may adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), necessary for the implementation of this act.

8. There is annually appropriated from the General Fund to the Department of Agriculture the sum of $1 million to effectuate the purposes of this act. Of these monies, $650,000 shall be for the soil and water supply testing program established by the department pursuant to section 4 of this act, $100,000 shall be for the reimbursement program established pursuant to section 6 of this act, and $250,000 shall be for the provision of grants under the grant program established pursuant to section 5 of this act.

9. This act shall take effect immediately.

STATEMENT

This bill would establish the “Urban and Suburban Agriculture Commission” (commission) within the Department of Agriculture (department). The commission would be required to consist of seven members, as follows: (1) the Secretary of Agriculture or their designee; (2) the Commissioner of Environmental Protection or their designee; (3) the Executive Director of the State Agriculture Development Committee or their designee; and (4) four members of the public with expertise in, or experience related to, urban and suburban agriculture operations, to be appointed by the Governor.

Under the bill, the commission would be required to: (1) develop a program, to be implemented by the department, for landowners or lessees seeking to establish, or currently operating, an agricultural operation in an urban or suburban area of the State to obtain soil and water supply testing to determine if the soil and water supply is suitable for an agricultural operation; (2) develop educational courses concerning the establishment, operation, and maintenance of agricultural operations in urban and suburban areas of the State; and (3) examine the types of equipment that may be necessary or useful for establishing or operating agricultural operations in urban or suburban areas of the State.

Under the bill, the department would be required to establish the soil and water supply testing program developed by the commission. In establishing the soil and water supply testing program, the department would be required to consult with the commission before making any changes to the implementation of the soil and water supply testing program developed by the commission. The department would be required to submit an annual report to the Governor and Legislature concerning the effectiveness of the soil and water supply testing program.

In addition, the bill would require the department to establish the “Urban and Suburban Agriculture Grant Program” (grant program) for the purpose of providing grants to qualified applicants for the purchase of certain equipment to be used at agricultural operations in urban or suburban areas of the State. In establishing the grant program, the department would be required to: (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; and (3) consider the findings of the commission related to the types equipment that may be necessary or useful for establishing or operating agricultural operations in urban or suburban areas of the State.

A qualified applicant that applies for a grant under the grant program would be required to submit an application to the department that includes information: (1) demonstrating that the qualified applicant meets the eligibility requirements set forth in the bill; (2) outlining the anticipated use of the grant, including a detailed explanation of the types of equipment to be purchased using the grant and the ways the equipment will be utilized at the agricultural operation; and (3) estimating the amount of the grant funding that would be required to purchase the equipment. Upon approval of an application, the department would be required to provide a grant, in an amount not to exceed $10,000, to the qualified applicant to support the costs of purchasing certain equipment to be used at the qualified applicant’s agricultural operation. The maximum amount of funding to be provided under the grant program is $250,000.

In addition, the department would be required to establish a reimbursement program for the purpose of reimbursing individuals that elect to take an educational course established by the commission pursuant to bill’s provisions. In order to be eligible for a reimbursement, individuals would be required to submit documentation to the department demonstrating that the individual: (1) signed up for, and attended, the educational course; and (2) paid for the educational course. Upon receipt of the required documentation, the department would be required to provide reimbursement, in an amount to be determined by the department, to the individual that provided the required documentation. The maximum amount of funding to be provided under the reimbursement program is $100,000.

Finally, the bill would appropriate $1 million from the General Fund to the Department of Agriculture to effectuate the purposes of the bill. Of the monies appropriated, $650,000 would be for the soil and water supply testing program, $100,000 would be for the reimbursement program, and $250,000 would be for the provision of grants under the grant program.

It is the sponsor’s belief that farming and agriculture should not be viewed as taking place exclusively in rural areas of the State. All residents, no matter where they live, should have the satisfaction of planting, nurturing, and consuming produce that is created by their own hands. For this reason, the State should assist in increasing agricultural opportunities in urban and suburban areas of the State by providing training, equipment, and testing for individuals who reside in those areas of the State.