New Jersey § 13:8c-48

§ 13:8c-48.

a. The State Treasurer shall establish a fund to be known as the “Preserve New Jersey

Green Acres Fund” and shall deposit into the fund all moneys received pursuant to

paragraph (1) of subsection a. of section 5 of P.L.2016, c. 12 ( C.13:8C-47 ) , paragraph (1) of subsection a. of section 1 of P.L.2019, c. 136 ( C.13:8C-47.1 ), and any other moneys appropriated by law for deposit into the fund. Moneys in the fund shall be invested in permitted investments or shall be held in

interest-bearing accounts in those depositories as the State Treasurer may select,

and may be invested and reinvested in permitted investments or as other trust funds

in the custody of the State Treasurer in the manner provided by law. All interest or other income or earnings derived from the investment or reinvestment

of moneys in the fund shall be credited to the fund. Moneys derived from the payment of principal and interest on the loans to local

government units authorized by P.L.2016, c. 12 ( C.13:8C-43 et seq. ) shall also be held in the fund. b. Of the amount deposited in State fiscal year 2017 through and including State fiscal year 2019 into the Preserve New Jersey Green Acres Fund pursuant to paragraph (1) of subsection

a. of section 5 of P.L.2016, c. 12 ( C.13:8C-47 ): (1) 55 percent shall be allocated for the purpose of paying the cost of acquisition

and development of lands by the State for recreation and conservation purposes, and

the amount provided pursuant to this paragraph shall be allocated as follows: (a) 50 percent shall be allocated for the purpose of paying the cost of acquisition

of lands by the State for recreation and conservation purposes; and (b) 50 percent shall be allocated for the purpose of paying the cost of development

of lands by the State for recreation and conservation purposes, and of the amount

provided pursuant to this subparagraph: (i) up to 22 percent shall be allocated for the purpose of paying the cost for stewardship

activities undertaken on lands administered by the Division of Fish and Wildlife in

the department; and (ii) up to 22 percent shall be allocated for the purpose of paying the cost for stewardship

activities undertaken on lands administered by the Division of Parks and Forestry

in the department; (2) 38 percent shall be allocated for the purposes of providing grants and loans to

assist local government units to pay the cost of acquisition and development of lands

for recreation and conservation purposes, and of this amount, up to two percent shall be allocated for stewardship activities undertaken by local government

units; and (3) seven percent shall be allocated for the purposes of providing grants to assist qualifying

tax exempt nonprofit organizations to pay the cost of acquisition and development

of lands for recreation and conservation purposes, and of this amount, 11 percent

shall be allocated for stewardship activities undertaken by qualifying tax exempt

nonprofit organizations. c. Any repayments of the principal and interest on loans issued to local government

units for the acquisition or development of lands for recreation and conservation

purposes using constitutionally dedicated CBT moneys shall be deposited into the Preserve

New Jersey Green Acres Fund, and shall be specifically dedicated for the issuance

of additional grants and loans in the same manner as provided in subsections a. and b. of section 27 of P.L.1999, c. 152 ( C.13:8C-27 ) and this section . d. (1) The moneys in the fund are specifically dedicated and shall be used for the

same purposes and according to the same criteria and provisions as those set forth

in section 26 of P.L.1999, c. 152 ( C.13:8C-26 ), and as provided pursuant to P.L.2016, c. 12 ( C.13:8C-43 et seq. ) and this section . (2) Grants and loans issued to local government units and grants issued to qualifying

tax exempt nonprofit organizations using constitutionally dedicated CBT moneys for

the acquisition and development of lands for recreation and conservation purposes

shall be subject to the same provisions as those prescribed in section 27 of P.L.1999, c. 152 ( C.13:8C-27 ), except as otherwise provided in section 10 of P.L.2016, c. 12 ( C.13:8C-52 ). (3) Notwithstanding any provision of P.L.2016, c. 12 ( C.13:8C-43 et seq. ) or P.L.1999, c. 152 ( C.13:8C-1 et seq. ) to the contrary, projects of the Palisades Interstate Park Commission established

pursuant to P.L.1980, c. 104 ( C.32:14-1.1 et seq. ) for the acquisition or development of land for recreation and conservation purposes

in New Jersey shall be considered State projects for the purposes of eligibility for

funding pursuant to the provisions of P.L.2016, c. 12 ( C.13:8C-43 et seq. ). e. Moneys in the fund shall not be expended except in accordance with appropriations

from the fund made by law. Any act appropriating moneys from the Preserve New Jersey Green Acres Fund shall

identify any particular project or projects to be funded by the moneys, and any expenditure

for a project for which the location is not identified by municipality and county

in the appropriation shall require the approval of the Joint Budget Oversight Committee,

or its successor, except as permitted otherwise in accordance with the same exceptions

as those specified in paragraph (2) of subsection a. of section 23 of P.L.1999, c. 152 ( C.13:8C-23 ). f. Unexpended moneys due to project withdrawals, cancellations, or cost savings shall

be returned to the fund. g. Of the amount authorized pursuant to this section, not more than five percent shall

be utilized for organizational, administrative and other work and services, including

salaries, equipment and materials necessary to administer the applicable provisions

of P.L.2016, c. 12 ( C.13:8C-43 et seq. ) . h. To the end that municipalities may not suffer a loss of taxes by reason of the

acquisition and ownership by the State of lands in fee simple for recreation and conservation

purposes, or the acquisition and ownership by qualifying tax exempt nonprofit organizations

of lands in fee simple for recreation and conservation purposes that become certified

as exempt from property taxes pursuant to P.L.1974, c. 167 ( C.54:4-3.63 et seq. ) or similar laws, the State shall make payments annually in the same manner as payments

are made pursuant to section 29 of P.L.1999, c. 152 ( C.13:8C-29 ). i. The State shall not use the power of eminent domain in any manner for the acquisition

of lands by the State for recreation and conservation purposes using constitutionally

dedicated CBT moneys in whole or in part unless a concurrent resolution approving

that use is approved by both Houses of the Legislature; except that, without the need

for such a concurrent resolution, the State may use the power of eminent domain to

the extent necessary to establish a value for lands to be acquired from a willing

seller by the State for recreation and conservation purposes using constitutionally

dedicated CBT moneys in whole or in part. j. Of the amount deposited in each State fiscal year commencing in State fiscal year

2020 and annually thereafter into the Preserve New Jersey Green Acres Fund pursuant

to paragraph (1) of subsection a. of section 1 of P.L.2019, c. 136 ( C.13:8C-47.1 ): (1) 60 percent shall be allocated for the purpose of paying the cost of acquisition

and development of lands by the State for recreation and conservation purposes, and

the amount provided pursuant to this paragraph shall be allocated as follows: (a) 45 percent shall be allocated for the purpose of paying the cost of acquisition

of lands by the State for recreation and conservation purposes, and of this amount,

a minimum of 10 percent shall be allocated for Blue Acres projects; and (b) 55 percent shall be allocated for the purpose of paying the cost of development

of lands by the State for recreation and conservation purposes, and of the amount

provided pursuant to this subparagraph: (i) up to 22 percent shall be allocated for the purpose of paying the cost for stewardship

activities undertaken on lands administered by the Division of Fish and Wildlife in

the department; and (ii) up to 22 percent shall be allocated for the purpose of paying the cost for stewardship

activities undertaken on lands administered by the Division of Parks and Forestry

in the department; (2) 30 percent shall be allocated for the purposes of providing grants and loans to

assist local government units to pay the cost of acquisition and development of lands

for recreation and conservation purposes, including Blue Acres projects, and of this

amount, up to 10 percent shall be allocated for stewardship activities undertaken

by local government units; and (3) 10 percent shall be allocated for the purposes of providing grants to assist qualifying

tax exempt nonprofit organizations to pay the cost of acquisition and development

of lands for recreation and conservation purposes, including Blue Acres projects,

and of this amount, 11 percent shall be allocated for stewardship activities undertaken

by qualifying tax exempt nonprofit organizations. k. (1) In addition to the purposes set forth in subsection d. of this section, moneys

in the Preserve New Jersey Green Acres Fund may be applied for the purposes of providing

moneys to: (a) meet the Blue Acres costs to the State for the acquisition of lands for a Blue

Acres project; or (b) provide grants, pursuant to the provisions of paragraph (2) of this subsection,

to assist a qualifying tax exempt nonprofit organization in meeting the Blue Acres

costs for the acquisition of lands for a Blue Acres project. (2) A grant by the State for lands to be acquired by a qualifying tax exempt nonprofit

organization for a Blue Acres project may include up to 50 percent of the Blue Acres

cost of acquisition of the lands by the qualifying tax exempt nonprofit organization. (a) A qualifying tax exempt nonprofit organization shall not use as its matching share

of the Blue Acres cost of acquisition of lands for a Blue Acres project any constitutionally

dedicated moneys, as defined pursuant to section 3 of P.L.1999, c. 152 ( C.13:8C-3 ), or any grant moneys obtained from a Green Acres bond act. (b) To qualify to receive a grant from the Preserve New Jersey Blue Acres Fund, the

board of directors or governing body of the applying tax exempt nonprofit organization

shall: (i) demonstrate to the commissioner that the organization qualifies as a charitable

conservancy for the purposes of P.L.1979, c. 378 ( C.13:8B-1 et seq. ); (ii) demonstrate that the organization has the resources to match the grant requested; (iii) agree to make and keep the lands accessible to the public, unless the commissioner

determines that public accessibility would be detrimental to the lands or any natural

resources associated therewith; (iv) agree not to convey the lands except to the federal government, the State, a

local government unit, or another qualifying tax exempt nonprofit organization, for

recreation and conservation purposes; and (v) agree to execute and donate to the State at no charge a conservation restriction

pursuant to P.L.1979, c. 378 ( C.13:8B-1 et seq. ) on the lands to be acquired with the grant. l . In addition to any other reporting requirements required by law, the department

shall annually send a written report to the Chairperson of the Senate Environment

and Energy Committee, the Assembly Agriculture and Natural Resources Committee, and

the Assembly Environment and Solid Waste Committee, or their successors, identifying

the projects funded with moneys pursuant to subparagraph (b) of paragraph (1) of subsection

j. of this section. This report shall: (1) identify the project type, location, and cost for each development

project; and (2) identify the stewardship activities, including the location and

cost for each stewardship activity, undertaken on lands administered by the Division

of Fish and Wildlife and Division of Parks and Forestry pursuant to subparagraph (b)

of paragraph (1) of subsection j. of this section.