New Jersey § 13:8c-45

§ 13:8c-45.

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, 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;

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. ) . “ Blue Acres project ” means any project of the State or a qualifying tax exempt nonprofit organization

to acquire, 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. “ 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 .