New Jersey-2022-A4036-Amended

An Act requiring the State Agriculture Development Committee to conduct a review and issue a report regarding the Farmland Preservation Program.

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

1. The Legislature finds and declares that:

a. Enhancing the quality of life of the citizens of New Jersey is a paramount policy goal of the State, and the acquisition, preservation, and stewardship of open space, farmland, and historic properties in New Jersey protects and enhances the character and beauty of the State and provides its citizens with greater opportunities for recreation, relaxation, and education;

b. Agriculture plays an integral role in the economic prosperity and well-being of the State and provides a fresh and abundant supply of food for its citizens as well as environmental benefits;

c. Much of the farmland in the State faces an imminent threat of permanent conversion to non-farm uses, and retention and development of an economically viable agricultural industry is of high public priority;

d. The State Agriculture Development Committee leads in the preservation of New Jersey's farmland and promotes innovative approaches to maintaining the viability of agriculture;

e. New Jersey's Farmland Preservation Program is administered by the committee, which supports and partners with county agriculture development boards, municipal agriculture advisory committees, and nonprofit organizations throughout the State on farmland preservation projects;

f. The farmland preservation program is 40 years old and regular review of efficiency and effectiveness of State programs is critical to the effective operation of such programs;

g. From 2001 to 2011, the average yearly acreage of preserved farmland was approximately 11,125 acres and from 2012 to 2022, the average yearly acreage of preserved farmland was approximately 4,754 acres, representing a significant decline in ¹[preserved] the number of acres of¹ farmland ¹being preserved each year¹;

h. Two-thirds of farmland in this State remains unpreserved and vulnerable to permanent conversion especially as warehouse development is causing increased pressure on large plots of open agricultural land;

i. Land developers are often willing to purchase land quickly whereas the farmland preservation process can take years; and

j. It is therefore in the public interest for the State Agriculture Development Committee to conduct a review and issue a written report regarding the Farmland Preservation Program to assess the efficiency and effectiveness of the program and provide recommendations that may aid in the continued preservation of more farmland in this State.

2. a. The State Agriculture Development Committee, established pursuant to section 4 of the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-4), shall conduct a review and prepare a written report regarding the Farmland Preservation Program administered by the committee. The review shall examine and report on the financial and performance records over the last ten years of the Farmland Preservation Program. The review shall also examine and report on the acquisition and management of preserved farmland, the finances and staffing of the Farmland Preservation Program, and a comparison of the committee's practices and metrics with neighboring states.

b. Following the review required pursuant to subsection a. of this section, the State Agriculture Development Committee shall prepare a detailed report which shall include, but not be limited to, the following:

(1) an annual breakdown of the previous ten years of each county in this State on:

(a) the date a farm began the farmland preservation process;

(b) the date a farm completed the farmland preservation process;

(c) the acreage of the farmland acquired ¹[and] ,¹ the types of agricultural activities and crops on that farmland ¹, and whether the farmland is located in the pinelands area as defined pursuant to section 3 of P.L.1979, c.111 (C.13:18A-3), the Highlands planning area as designated by subsection c. of section 7 of P.L.2004, c.120 (C.13:20-7), or the Highlands preservation area as designated by subsection b. of section 7 of P.L.2004, c.120 (C.13:20-7)¹ ;

(d) the acreage of any exception area considered in the Deed of Easement;

(e) the number of applications that did not make it to completion in the farmland preservation process and an explanation for each such application as to why the application was not completed;

(f) the amount paid to the farmer for the preserved farmland, the assessed value of the farmland, and, if available, a value proposed for sale to develop the land;

(g) a breakdown of each type of grantee involved in preserving the farm and farmland;

(h) the number of violations of Deeds of Easement and the actions taken following such violations; and

(i) the number of requests made by preserved farms to a county agriculture development board or to the State Agriculture Development Committee and resulting decisions for such requests;

(2) an annual breakdown of the previous ten years of federal and State funding for farmland acquisition, separated by total, expended, encumbered, and uncommitted funds, with each fiscal year tracked separately;

(3) any additional details on the administrative budget of the Farmland Preservation Program, including, but not limited to, advertising, travel, training, and subscription costs;

(4) a detailed breakdown, by category, of the full-time equivalent staff for the Farmland Preservation Program and whether the full-time equivalent staff positions are filled or unfilled;

(5) an overview of the State Agriculture Development Committee's practices and internal performance metrics and a comparison of such practices and metrics with neighboring states;

(6) recommendations on how the committee can improve the efficiency and pace at which farms can be preserved under the Farmland Preservation Program; and

(7) a study of the outstanding land in the State that may be preserved and an aggregate assessed value of that land.

c. Within 90 days ¹[of] following¹ the effective date of this act, ¹[P.L. , c. (pending before the Legislature as this bill),]¹ the State Agriculture Development Committee shall submit a detailed written report of the committee's findings to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

3. This act shall take effect immediately.