Senate, No. 1168 state of new jersey 213th legislature



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SENATE, No. 1168

STATE OF NEW JERSEY

213th LEGISLATURE

INTRODUCED FEBRUARY 14, 2008





Sponsored by:

Senator JOHN H. ADLER

District 6 (Camden)

Senator ANDREW R. CIESLA

District 10 (Monmouth and Ocean)

Assemblywoman L. GRACE SPENCER

District 29 (Essex and Union)

Assemblyman NELSON T. ALBANO

District 1 (Cape May, Atlantic and Cumberland)

Assemblywoman MARCIA A. KARROW

District 23 (Warren and Hunterdon)

Assemblyman L. HARVEY SMITH

District 31 (Hudson)

Assemblyman REED GUSCIORA

District 15 (Mercer)
Co-Sponsored by:

Senators Gordon, Lance, Stack, Assemblymen Rooney, Rudder, Doherty, Thompson, Webber, Assemblywoman Handlin, Assemblymen Dancer, Rible, Biondi, Bramnick, Van Pelt, Rumpf, Merkt, Carroll, Munoz, Assemblywoman Angelini, Assemblymen DeCroce, Amodeo, Malone, Assemblywomen Vandervalk, McHose, Casagrande, Assemblymen Russo, Polistina, Assemblywoman Wagner, Assemblyman Coutinho, Assemblywomen Greenstein, Love and Assemblyman Moriarty

SYNOPSIS

Appropriates $54,917,725 from various Green Acres funds for local government open space acquisition and park development projects.


CURRENT VERSION OF TEXT

As introduced.





An Act appropriating moneys from the “Garden State Green Acres Preservation Trust Fund” and various Green Acres bond funds, and appropriating and reappropriating certain other moneys, to assist local government units to acquire or develop lands for recreation and conservation purposes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:

“Densely or highly populated municipality” means a municipality with a population density of at least 5,000 persons per square mile, or a population of at least 35,000 persons, according to the latest federal decennial census.

“Densely populated county” means a county with a population density of at least 5,000 persons per square mile according to the latest federal decennial census.

“Garden State Green Acres Preservation Trust Fund” means the fund established pursuant to section 19 of P.L.1999, c.152 (C.13:8C-19).

“Green Acres bond act” means P.L.1995, c.204, P.L.1992, c.88, P.L.1989, c.183, P.L.1987, c.265, and P.L.1983, c.354.

“Highly populated county” means a county with a population density of at least 1,000 persons per square mile according to the latest federal decennial census.


2. There is appropriated to the Department of Environmental Protection the following sums for the purpose of providing grants or loans, or both, to assist local government units to acquire lands for recreation and conservation purposes pursuant to section 3 of this act and for the purpose of providing grants or loans, or both, to assist local government units to develop lands for recreation and conservation purposes pursuant to section 4 of this act:

a. $16,000,000 from the “Garden State Green Acres Preservation Trust Fund”;

b. $20,000,000 previously appropriated by P.L.2007, c.111 as Garden State Preservation Trust Supplemental Funding and deposited into the “Garden State Green Acres Preservation Trust Fund” pursuant to P.L.2007, c.111; and

c. $18,917,725 reappropriated from the “Garden State Green Acres Preservation Trust Fund,” and from the Green Trust funds established pursuant to the Green Acres bond acts, and made available due to project withdrawals, cancellations, or cost savings.


3. a. The following projects to acquire lands for recreation and conservation purposes are eligible for funding with the moneys appropriated pursuant to section 2 of this act:

(1) Planning Incentive Acquisition Projects:


LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
Atlantic County Atlantic Atlantic County $600,000

Open Space Acq


Alpine Boro Bergen Alpine Boro 300,000

Open Space


Cresskill Boro Bergen Cresskill Open Space Acq 300,000
Franklin Lakes Boro Bergen Woodside Avenue 300,000
Old Tappan Boro Bergen Old Tappan Acq 53,000
Ridgewood Village Bergen Open Space Project 300,000
Burlington County Burlington Planning Incentive 600,000
Bordentown Twp Burlington Bordentown Twp 300,000

Open Space Acq


Eastampton Twp Burlington Planning Incentive 300,000
Moorestown Twp Burlington Open Space Preservation 300,000

Plan
Clementon Boro Camden Clementon Open 300,000

Space Acq
Gibbsboro Boro Camden Greenway Acq 250,000
Gloucester Twp Camden Open Space Acq 600,000
Voorhees Twp Camden Planning Incentive 300,000
Livingston Twp Essex Open Space Acq 300,000
Gloucester County Gloucester Open Space Plan 600,000
Hunterdon County Hunterdon County Open Space Plan 600,000
Delaware Twp Hunterdon Open Space Acq 300,000
Franklin Twp Hunterdon Franklin Open Space Plan 300,000
High Bridge Boro Hunterdon Open Space Plan 300,000
Kingwood Twp Hunterdon Open Space Plan 300,000
Readington Twp Hunterdon Greenway Incentive Plan 300,000
Union Twp Hunterdon Union Twp Open 300,000

Space Plan


West Amwell Twp Hunterdon Sourlands/Open 300,000

Space Acq


East Windsor Twp Mercer East Windsor Open 300,000

Space Acq


Hopewell Twp Mercer Hopewell Open Space Acq 300,000
Princeton Twp Mercer Princeton Open Space Acq 300,000
Robbinsville Twp Mercer Green Links Program 300,000
West Windsor Twp Mercer West Windsor Planning 300,000

Incentive

Allentown Boro Monmouth Planning Incentive Acq 300,000
Atlantic Highlands Boro Monmouth Atlantic Highlands Boro 300,000

Open Space Acq


Holmdel Twp Monmouth Holmdel Planning 300,000

Incentive Acq


Little Silver Boro Monmouth Open Space Acq 300,000
Manasquan Boro Monmouth Manasquan Boro 300,000

Open Space Acq


Millstone Twp Monmouth Millstone Planning 300,000

Incentive – Project

Evergreen
Ocean Twp Monmouth Ocean Twp Planning 300,000

Incentive


Shrewsbury Boro Monmouth Recreation & Open 300,000

Space Plan


Upper Freehold Twp Monmouth Upper Freehold 300,000

Open Space Acq-2000


Boonton Twp Morris Open Space Acq 300,000
Chester Twp Morris Chester Twp Open 300,000

Space Acq


East Hanover Twp Morris East Hanover Twp PI 300,000
Florham Park Boro Morris Open Space Acq 300,000
Hanover Twp Morris Open Space Acq 300,000
Jefferson Twp Morris Jefferson Acq Plan 300,000
Kinnelon Boro Morris Open Space Acq 300,000
Madison Boro Morris Madison Boro Open 300,000

Space Acq


Mendham Twp Morris Mendham Twp Open 225,000

Space Acq


Mount Olive Twp Morris Mt Olive Greenway Acq 300,000
Ocean County Ocean Planning Incentive 600,000
Little Egg Harbor Twp Ocean Planning Incentive 300,000
Point Pleasant Beach Boro Ocean Open Space & 300,000

Recreation Acq


Ringwood Boro Passaic Ringwood Boro 300,000

Open Space Acq


Woodstown Boro Salem Salem River Greenway 100,000
Somerset County Somerset County Open Space Acq 450,000
Bedminster Twp Somerset Bedminster Parks Exp 300,000
Bernards Twp Somerset Open Space Acq 300,000
Peapack-Gladstone Boro Somerset Open Space Acq 100,000
Warren Twp Somerset Warren Twp Planning 300,000

Incentive

Sussex County Sussex Planning Incentive Grant 450,000

Byram Twp Sussex Byran Open Space Plan 300,000


New Providence Boro Union Open Space Acq 300,000
Alpha Boro Warren Alpha Boro Open Space 300,000
Franklin Twp Warren Planning Incentive 300,000
Hardwick Twp Warren Hardwick Twp Open Space 300,000
Harmony Twp Warren Open Space & 300,000

Recreation Plan


TOTAL_$20,828,000___(2)_Site_Specific_Incentive_Acquisition_Projects:_LOCAL_GOVERNMENT_COUNTY_PROJECT_APPROVED__UNIT_AMOUNT'>TOTAL $20,828,000

(2) Site Specific Incentive Acquisition Projects:
LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
Allendale Boro Bergen Orchard Park Acq $300,000
Cape May City Cape May Cape May City 300,000

Open Space


Lambertville City Hunterdon Lambertville Open 175,000

Space Project


Hazlet Twp Monmouth 225 Middle Road Acq 206,000
Spring Lake Heights Boro Monmouth Fletcher Property Acq 300,000
Wall Twp Monmouth Ridge Road Sand 300,000

Mine Acq
Chester Boro Morris Chester Open Space Acq 260,000


West Milford Twp Passaic Apple Acres/Open 300,000

Space Acq


TOTAL $2,141,000

(3) Standard Acquisition Projects:
LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
Brigantine City Atlantic St. Phillips School $300,000

Property Acq


Linwood City Atlantic Park Acq 58,750
East Rutherford Boro Bergen Two Carlton Avenue 300,000

Passive Park


Paramus Boro Bergen Soldier Hill Park 112,500
Lower Twp Cape May Fulling Mill Sanctuary 132,875

Extension Acq


TOTAL $904,125

b. The following projects to acquire lands for recreation and conservation purposes located in municipalities eligible to receive State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.), either as of June 30, 2007 or the effective date of this act, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:


LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
Jersey City Hudson Boyd McGuiness $575,000

Park Expansion


Old Bridge Twp Middlesex Cottrell Farm Acq 600,000
Neptune Twp Monmouth South Riverside 600,000

Drive Waterfront Acq


Clifton City Passaic Schultheis Farm Acq 600,000
TOTAL $2,375,000
c. The following projects to acquire lands for recreation and conservation purposes, located in densely or highly populated municipalities or sponsored by densely populated counties or highly populated counties, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:
(1) Planning Incentive Acquisition Projects:
LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
New Milford Boro Bergen Open Space Preservation $450,000

Initiative


Evesham Twp Burlington Planning 450,000

Incentive Acq


Mount Laurel Twp Burlington Mt. Laurel 450,000

Acq Plan
Camden County Camden Open Space 750,000

Plan Acq
Cherry Hill Twp Camden Planning Incentive 450,000

Grant Acq


Caldwell Boro Essex Caldwell Boro 450,000

Planning Incentive


West Orange Twp Essex West Orange Twp 450,000

Open Space Acq


Mercer County Mercer Mercer County 750,000

Planning Incentive Acq


Middlesex County Middlesex Middlesex County 750,000

Open Space Acq


East Brunswick Twp Middlesex Open Space 450,000

Plan Acq
North Brunswick Twp Middlesex North Brunswick 450,000

Plan Acq
Sayreville Boro Middlesex Open Space Acq 450,000

South Brunswick Twp Middlesex Open Space Acq 450,000


Monmouth County Monmouth Planning Incentive Acq 750,000

Middletown Twp Monmouth Middletown Twp 450,000

Planning Incentive
Parsippany-Troy Hills Twp Morris Parsippany-Troy 450,000

Hills Open Space Acq


Berkeley Twp Ocean Planning Incentive Acq 450,000
Manchester Twp Ocean Planning Incentive 450,000
Wayne Twp Passaic Wayne Open Space Acq 450,000
Franklin Twp Somerset Open Space Plan Acq 450,000
Union County Union Union County 900,000

Open Space and

Recreation Plan Acq
TOTAL $11,100,000

(2) Standard Acquisition Projects:


LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
Piscataway Twp Middlesex Piscataway Open $450,000

Space Acq


Belmar Boro Monmouth River Road Acq 450,000
TOTAL $900,000

4. a. The following projects to develop lands for recreation and conservation purposes are eligible for funding with the moneys appropriated pursuant to section 2 of this act:


LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
Egg Harbor Twp Atlantic Bargaintown Park $250,000
Westampton Twp Burlington Sports Complex 250,000
Ocean City Cape May Multi Park ADA 200,000

Accessibility


Verona Twp Essex Development at 250,000

Hilltop Park Phase II


Pine Beach Boro Ocean Vista Park 250,000

Frelinghuysen Twp Warren Frelinghuysen 250,000

Twp Recreation Complex
TOTAL $1,450,000

b. The following projects to develop lands for recreation and conservation purposes, located in municipalities eligible to receive State aid pursuant to P.L.1978, c.14 (C.52:27D-178 et seq.) either as of June 30, 2007 or the effective date of this act, or sponsored by densely populated counties, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:



LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
Garfield City Bergen Historic Dundee $500,000

Dam Pedestrian

Way and Preserve
Camden County Camden Stockton Station 500,000

Park and Greenway

(Camden City)
Pennsauken Twp Camden Community 500,000

Recreation Facility


Essex County Essex Essex County 750,000

Park Plaza

(Newark City)
Essex County Essex Multi-Parks 750,000

Improvements

(Belleville Twp

Bloomfield Twp

Caldwell Twp Boro

East Orange City

Essex Fells Twp

Montclair Twp

Newark City

Orange City Twp

Verona Twp

West Orange Twp)


Bloomfield Twp Essex Bloomfield 500,000

Multi Parks


Irvington Twp Essex Orange Avenue 125,000

Park Dev
Newark City Essex Jesse Allen Park 500,000


Orange City Twp Essex Bell Stadium 500,000

Rehabilitation


Woodbury City Gloucester Multi Parks 500,000

Development


Hudson County Hudson Lincoln Park 750,000

Athletic Fields

(Jersey City)
Bayonne City Hudson Harbor View Park 500,000
Hoboken City Hudson 1600 Park Dev 500,000
Kearny Town Hudson Multi Park 500,000

Playgrounds


Weehawken Twp Hudson Waterfront Multi 500,000

Use Pavilion


Trenton City Mercer Greg Grant Park 350,000
Middlesex County Middlesex New Brunswick 625,000

Landing


(New Brunswick City)
New Brunswick City Middlesex New Brunswick 500,000

Landing


Perth Amboy City Middlesex Willow Pond Park 220,000
Brick Twp Ocean Multi-Park Dev 500,000
Passaic City Passaic Boverini Stadium 500,000

Field Improvements


Paterson City Passaic Restoration and 500,000

Revitalization of

Pennington Park
Union County Union Ponderosa Farm 750,000

Park


(Scotch Plains Twp)
Elizabeth City Union Livingston Street 500,000

Recreation Complex


TOTAL $12,320,000

c. The following projects to develop lands for recreation and conservation purposes, located in densely or highly populated municipalities or sponsored by highly populated counties, are eligible for funding with the moneys appropriated pursuant to section 2 of this act:


LOCAL GOVERNMENT COUNTY PROJECT APPROVED

UNIT AMOUNT
Ventnor City Atlantic Rehabilitation $375,000

of Ventnor

Fishing Pier
Edgewater Boro Bergen Grand Cove 375,000

Marina Dredging


Rutherford Boro Bergen Rutherford 315,100

Waterfront Park


Maplewood Twp Essex Maplewood Playing 375,000

Fields Improvement


South Orange Twp Essex Rahway River 375,000

Greenway
Guttenberg Town Hudson Guttenberg Town 320,500

Riverfront Park
Hamilton Twp Mercer Shady Brook Pond 389,000
Garwood Boro Union Athletic Field 375,000

Complex
TOTAL $2,899,600

5. a. Any transfer of funds, or change in project sponsor, site, or type, listed in section 3 or section 4 of this act shall require the approval of the Joint Budget Oversight Committee or its successor.

b. To the extent that moneys remain available after the projects listed in section 3 or section 4 of this act are offered funding pursuant thereto, any project of a local government unit that previously received funding appropriated or reappropriated from any Green Acres bond act, any annual appropriations act, or the Garden State Green Acres Preservation Trust Fund for recreation and conservation purposes, or that receives funding approved pursuant to this act, shall be eligible to receive additional funding, as determined by the Department of Environmental Protection, subject to the approval of the Joint Budget Oversight Committee or its successor.


6. a. Of the monies appropriated pursuant to section 5 of P.L.2003, c.238, the sum of $200,000 shall be allocated for the Department of Environmental Protection to purchase and provide playground equipment under the Community Playgrounds Initiative pilot program established by the department in accordance with section 5 of P.L.2003, c.238, as follows:
LOCAL GOVERNMENT COUNTY APPROVED

UNIT AMOUNT
Camden City Camden $50,000
Millville City Cumberland 50,000
Orange City Twp Essex 50,000
Asbury Park City Monmouth 50,000
b. Notwithstanding any provision of section 5 of P.L.2003, c.238 to the contrary, the allocation pursuant to this section shall not require the approval of the Joint Budget Oversight Committee or its successor.
7. a. There is reappropriated to the Department of Environmental Protection the unexpended balances, due to project withdrawals, cancellations, or cost savings, of the amounts appropriated or reappropriated from any Green Acres bond act, any annual appropriations act, or the Garden State Green Acres Preservation Trust Fund to assist local government units to acquire or develop lands for recreation and conservation purposes, for the purposes of providing:

(1) grants or loans, or both, to assist local government units to acquire or develop lands for recreation and conservation purposes, for projects approved as eligible for such funding pursuant to this act; and

(2) additional funding, as determined by the Department of Environmental Protection, to any project of a local government unit that previously received funding appropriated or reappropriated from any Green Acres bond act, any annual appropriations act, or the Garden State Green Acres Preservation Trust Fund for recreation and conservation purposes or that receives funding approved pursuant to this act, subject to the approval of the Joint Budget Oversight Committee or its successor. Any such additional funding provided from a Green Acres bond act may include administrative costs.

b. There is appropriated to the Department of Environmental Protection such sums as may be, or may become, available on or before June 30, 2009, due to interest earnings or loan repayments in any "Green Trust Fund" established pursuant to a Green Acres bond act or in the "Garden State Green Acres Preservation Trust Fund," for the purpose of providing:

(1) grants or loans, or both, to assist local government units to acquire or develop lands for recreation and conservation purposes, for projects approved as eligible for such funding pursuant this act; and

(2) additional funding, as determined by the Department of Environmental Protection, to any project of a local government unit that previously received funding appropriated or reappropriated from any Green Acres bond act, any annual appropriations act, or the Garden State Green Acres Preservation Trust Fund for recreation and conservation purposes or that receives funding approved pursuant to this act, subject to the approval of the Joint Budget Oversight Committee or its successor. Any such additional funding provided from a Green Acres bond act may include administrative costs.


8. This act shall take effect immediately.

STATEMENT


This bill appropriates or reappropriates moneys from the “Garden State Green Acres Preservation Trust Fund,” various Green Acres bond funds, and P.L.2007, c.111 to the Department of Environmental Protection (DEP) to provide grants or low-interest loans, or both, to assist local government units in the State to acquire or develop lands for recreation and conservation purposes.

The total amount of funding allocated for local government projects that are listed in this bill is $54,917,725. Of this amount, $38,248,125 is for projects to acquire lands for recreation and conservations purposes, and $16,669,600 is for projects to develop lands for recreation and conservations purposes.

Of the sum for projects to acquire lands for recreation and conservations purposes: $31,928,000 is allocated for planning incentive open space acquisition projects, of which $11,100,000 is for projects in densely or highly populated municipalities and counties; $2,141,000 is allocated for site specific planning incentive open space acquisition projects; $1,804,125 is allocated for standard open space acquisition projects (i.e., projects located in municipalities that do not have an open space tax), of which $900,000 is for projects in densely or highly populated municipalities; and $2,375,000 is allocated for projects in “urban aid” municipalities. Of the sum for projects to develop lands for recreation and conservations purposes: $1,450,000 is allocated for “standard” open space development projects (i.e., located in non-urban municipalities and counties); $2,899,600 is allocated for local park development projects in densely or highly populated municipalities or sponsored by highly populated counties; and $12,320,000 is allocated for local park development projects in urban aid municipalities or sponsored by densely populated counties.

The FY2008 annual appropriations act, P.L.2007, c.111, appropriated to the DEP $25 million as supplemental funding for the Garden State Preservation Trust to be used for grants or loans to local government units or qualifying tax exempt nonprofit organizations for the acquisition and development of lands for recreation and conservation purposes. This bill authorizes projects to local government units using $20 million of this funding.

The projects listed have been approved by the DEP and the Garden State Preservation Trust. The projects approved by the bill also include projects in “urban aid” and densely or highly populated municipalities and counties. The bill defines a “densely or highly populated municipality” as a municipality with a population density of at least 5,000 persons per square mile or a population of at least 35,000 persons; a “densely populated county” as a county with a population density of at least 5,000 persons per square mile; and a “highly populated county” as a county with a population density of at least 1,000 persons per square mile.

To the extent that there are funds remaining after those local government unit projects listed in this bill are offered funding, the bill also authorizes the DEP, with the approval of the Joint Budget Oversight Committee, to use those funds to provide additional funding for local government unit projects listed in this bill as well as for local government unit projects previously approved for funding pursuant to various other laws.

The bill also allows the DEP, subject to the approval of the Joint Budget Oversight Committee (JBOC), to re-distribute moneys, which have been returned to the department due to project withdrawals, cancellations, or cost savings, or which have or will become available on or before June 30, 2008 due to interest earnings and loan repayments from various Green Acres bond act funds, for the purpose of providing additional funding, for recreation and conservation purposes, to previously approved and funded projects of local government units, or to local government unit projects listed in this bill. This additional funding, if provided from a Green Acres bond act, may include administrative costs.

Finally, section 6 of the bill allocates $200,000 for the DEP to purchase and provide playground equipment under the Community Playgrounds Initiative pilot program funded and established by the DEP in accordance with section 5 of P.L.2003, c.238, and waives the requirement in that law for JBOC approval because the Legislature is instead approving the allocation under this bill. The remaining $50,000 previously appropriated by section 5 of P.L.2003, c.238 for the Community Playgrounds Initiative pilot program was allocated pursuant to section 5 of P.L.2005, c.7.



(Sponsorship Updated As Of: 6/17/2008)


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