S4223

An Act concerning the Blue Acres program and amending P.L.2016, c.12.

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

1. Section 3 of P.L.2016, c.12 (C.13:8C-45) is amended to read as follows:

3. As used in P.L.2016, c.12 (C.13:8C-43 et seq.):

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

“Blue Acres cost” means the expenses incurred in connection with: all things deemed necessary or useful and convenient for the acquisition by the State or a qualifying tax exempt nonprofit organization, for recreation and conservation purposes, of lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage; the execution of any agreements or franchises deemed by the Department of Environmental Protection to be necessary or useful and convenient in connection with any Blue Acres project authorized by P.L.2016, c.12 (C.13:8C-43 et seq.); the procurement or provision of appraisal, archaeological, architectural, conservation, design, engineering, financial, geological, historic research, housing counseling, hydrological, inspection, legal, planning, relocation, surveying, or other professional advice, estimates, reports, services, or studies; the purchase of title insurance; the undertaking of feasibility studies; the demolition of structures, the removal of debris, and the restoration of lands to a natural state or to a state useful for recreation and conservation purposes, which activities may be carried out through direct contracts with service providers, and shall not require the approval of the Division of Property Management and Construction in the Department of the Treasury; the establishment of a reserve fund or funds for working capital, operating, maintenance, or replacement expenses as the Director of the Division of Budget and Accounting in the Department of the Treasury may determine; the provision of direct payments, advances, or bridge loans to households for relocation expenses; and reimbursement to any fund of the State of moneys that may have been transferred or advanced therefrom to any fund established by P.L.2016, c.12 (C.13:8C-43 et seq.), or any moneys that may have been expended therefrom for, or in connection with, P.L.2016, c.12 (C.13:8C-43 et seq.).

“Blue Acres project” means any project of the State or a qualifying tax exempt nonprofit organization to relocate residents from or acquire, via fee simple sale, sale commitment letter, right of occupancy, leaseback, life estate, or other transfer of property interest, for recreation and conservation purposes, lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, including through the use of nature-based infrastructure such as bioswales, living shorelines, vegetative basins, and vegetated berms.

“Commissioner” means the Commissioner of Environmental Protection.

“Committee” means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4).

“Constitutionally dedicated CBT moneys” means any moneys made available pursuant to Article VIII, Section II, paragraph 6 of the State Constitution deposited in the funds established pursuant to sections 6, 7, 8, and 9 of P.L.2016, c.12 (C.13:8C-48 through C.13:8C-51), and appropriated by law, for recreation and conservation, farmland preservation, or historic preservation purposes set forth in Article VIII, Section II, paragraph 6 of the State Constitution or P.L.2016, c.12 (C.13:8C-43 et seq.).

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

“Cost” means the expenses incurred in connection with: all things deemed necessary or useful and convenient for the acquisition or development of lands for recreation and conservation purposes, the acquisition of development easements or fee simple titles to farmland, or the preservation of historic properties, as the case may be; the execution of any agreements or franchises deemed by the Department of Environmental Protection, State Agriculture Development Committee, or New Jersey Historic Trust, as the case may be, to be necessary or useful and convenient in connection with any project funded in whole or in part using constitutionally dedicated CBT moneys; the procurement or provision of appraisal, archaeological, architectural, conservation, design, engineering, financial, geological, historic research, hydrological, inspection, legal, planning, relocation, surveying, or other professional advice, estimates, reports, services, or studies; the purchase of title insurance; the undertaking of feasibility studies; materials and labor costs for stewardship activities, but not overhead or administration costs for such activities; the establishment of a reserve fund or funds for working capital, operating, maintenance, or replacement expenses, as the Director of the Division of Budget and Accounting in the Department of the Treasury may determine; and reimbursement to any fund of the State of moneys that may have been transferred or advanced therefrom to any fund established by P.L.2016, c.12 (C.13:8C-43 et seq.), or any moneys that may have been expended therefrom for, or in connection with, P.L.2016, c.12 (C.13:8C-43 et seq.).

“Department” means the Department of Environmental Protection.

“Development” or “develop” means, except as used in the definitions of “acquisition” and “development easement” in this section, any improvement, including a stewardship activity, made to a land or water area designed to expand and enhance its utilization for recreation and conservation purposes, and shall include the construction, renovation, or repair of any such improvement, but shall not mean shore protection or beach nourishment or replenishment activities.

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

“Emergency intervention” means an immediate assessment or capital improvement necessary to protect or stabilize the structural integrity of a historic property.

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

“Farmland preservation,” “farmland preservation purposes,” or “preservation of farmland” means the same as those terms are defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

“Garden State Preservation Trust” or “trust” means the Garden State Preservation Trust established pursuant to section 4 of P.L.1999, c.152 (C.13:8C-4).

“Green Acres bond act” means: 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; P.L.2009, c.117; and any State general obligation bond act that may be approved after the date of enactment of P.L.2016, c.12 (C.13:8C-43 et seq.) for the purpose of providing funding for the acquisition or development of lands for recreation and conservation purposes or for farmland preservation purposes.

“Historic preservation,” “historic preservation purposes,” or “preservation of historic properties” means the same as those terms are defined in section 3 of P.L.1999, c.152 (C.13:8C-3) and shall also include emergency intervention and the acquisition of a historic preservation easement.

“Historic preservation easement” means an interest in land, less than fee simple title thereto, that is purchased from a private or governmental property owner to permanently protect a historic property, and that is granted by the property owner to the New Jersey Historic Trust, a local government unit, or a qualifying tax exempt nonprofit organization.

“Historic property” means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

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

“Local government unit” means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

“New Jersey Historic Trust” means the entity established pursuant to section 4 of P.L.1967, c.124 (C.13:1B-15.111).

“Permitted investments” means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

“Preserve New Jersey Blue Acres Fund” means the Preserve New Jersey Blue Acres Fund established pursuant to section 7 of P.L.2016, c.12 (C.13:8C-49).

“Preserve New Jersey Farmland Preservation Fund” means the Preserve New Jersey Farmland Preservation Fund established pursuant to section 8 of P.L.2016, c.12 (C.13:8C-50).

“Preserve New Jersey Green Acres Fund” means the Preserve New Jersey Green Acres Fund established pursuant to section 6 of P.L.2016, c.12 (C.13:8C-48).

“Preserve New Jersey Historic Preservation Fund” means the Preserve New Jersey Historic Preservation Fund established pursuant to section 9 of P.L.2016, c.12 (C.13:8C-51).

“Preserve New Jersey Fund Account” means the Preserve New Jersey Fund Account established pursuant to section 4 of P.L.2016, c.12 (C.13:8C-46).

“Project” means all things deemed necessary or useful and convenient in connection with the acquisition or development of lands for recreation and conservation purposes, the acquisition of development easements or fee simple titles to farmland, or the preservation of historic properties, as the case may be.

“Qualifying tax exempt nonprofit organization” means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

“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).

“Stewardship activity” means an activity, which is beyond routine operations and maintenance, undertaken by the State, a local government unit, or a qualifying tax exempt nonprofit organization to repair, or restore lands acquired or developed for recreation and conservation purposes for the purpose of enhancing or protecting those lands for recreation and conservation purposes. For the purposes of the farmland preservation program, “stewardship activity” means an activity, which is beyond routine operation and maintenance, undertaken by the landowner, or a farmer operator as an agent of the landowner, to repair, restore, or improve lands preserved for farmland preservation purposes, including, but not limited to, soil and water conservation projects approved pursuant to section 17 of P.L.1983, c.32 (C.4:1C-24) and projects that improve the resiliency of farmland soils.

(cf: P.L.2019, c.136, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill would modify the definitions of “Blue Acres cost” and “Blue Acres project” in the “Preserve New Jersey Act,” P.L.2016, c.12 (C.13:8C-43 et seq.), which governs the use of constitutionally dedicated corporation business tax (CBT) revenues for State land preservation programs. In particular, the “Preserve New Jersey Act” establishes the Blue Acres program, which authorizes the State to acquire flood-prone properties.

Specifically, the bill would add housing counseling expenses and the provision of direct payments, advances, and bridge loans to households for relocation expenses to the definition of “Blue Acres cost,” meaning that these would be allowable uses of dedicated CBT funding under the Blue Acres program. The bill would also modify the definition of “Blue Acres project” to include the relocation of residents using sale commitment letters, rights of occupancy, leasebacks, life estates, and other methods, meaning that the State could effectively acquire a property while minimizing shocks to affordability and allowing the resident to continue living there. The bill would also provide that demolition and restoration activities through the Blue Acres program may be carried out via direct contracts with service providers, and would not require the approval of the Division of Property Management and Construction in the Department of the Treasury. Finally, the bill would clarify that the preservation of land through the Blue Acres program may include the use of nature-based infrastructure such as bioswales, living shorelines, vegetated basins, and vegetated berms.