New Jersey-2022-A5347-Introduced

An Act concerning year-round housing for certain employees on commercial farms, and amending and supplementing P.L.1983, c.31.

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

1. Section 3 of P.L.1983, c.31 (C.4:1C-3) is amended to read as follows:

3. As used in P.L.1983, c.31 (C.4:1C-1 et seq.):

"Board" or "county board" means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14).

"Commercial farm" means (1) a farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), (2) a farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.), or (3) a farm management unit that is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $10,000 or more annually.

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

"Farm management unit" means a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.

"Farm market" means a facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.

"Full-time, year-round equine-related farm employee" means any person employed by the owner or operator of a commercial farm on a full-time, year-round basis to provide proper care and ensure the safety of horses on the commercial farm, including, but not limited to, a groom or other employee working in a stable. "Full-time, year-round equine-related farm employee" shall not include a migrant, seasonal, or temporary employee.

"Resident farm employee" means a person employed by the owner or operator of a commercial farm, whose presence is required on a full-time, year-round basis to provide proper care and ensure the safety of farm animals on the commercial farm. "Resident farm employee" shall not include a migrant, seasonal, or temporary employee, or a full-time, year-round equine-related farm employee.

(cf: P.L.2020, c.154, s.1)

2. Section 6 of P.L.1983, c.31 (C.4:1C-9) is amended to read as follows:

6. Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or which commercial farm is in operation as of the effective date of P.L.1998, c.48 (C.4:1C-10.1 et al.), and the operation of which conforms to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or in a county where no county board exists, the committee, to constitute a generally accepted agricultural operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may:

a. Produce agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping or, after the operative date of the regulations adopted pursuant to section 5 of P.L.2003, c.157 (C.4:1C-9.1), included under the corresponding classification under the North American Industry Classification System;

b. Process and package the agricultural output of the commercial farm;

c. Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards;

d. Replenish soil nutrients and improve soil tilth;

e. Control pests, predators and diseases of plants and animals;

f. Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;

g. Conduct on-site disposal of organic agricultural wastes;

h. Conduct agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm;

i. Engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with the provisions of P.L.2009, c.213 (C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to section 3 of P.L.2009, c.213 (C.4:1C-9.2);

j. Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); [and]

k. House any full-time, year-round equine-related farm employee in the same building or facility as horses in accordance with the provisions of section 3 of P.L.2020, c.154 (C.4:1C-9.3) ; and

l. House a resident farm employee in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) .

(cf: P.L.2020, c.154, s.2)

3. (New section) a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), an agricultural management practice that permits the housing of a resident farm employee. The agricultural management practice adopted pursuant to this section shall:

(1) authorize, notwithstanding any local health code or zoning ordinance to the contrary, the construction, installation, and provision of housing for a resident farm employee;

(2) specify the requirements of such housing and allow the housing to be on either a permanent or nonpermanent foundation; and

(3) identify the types of farm animals that require the presence of a farm employee on a full-time, year-round basis, thereby requiring a resident farm employee.

b. The construction, installation, and provision of housing pursuant to this section shall comply with the State Uniform Construction Code adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and applicable Department of Community Affairs standards and requirements.

c. A municipality shall not deny or withhold the issuance of a certificate of occupancy for housing for a resident farm employee if the housing complies with the provisions of this section and the agricultural management practice adopted by the committee.

d. Housing constructed, installed, or provided pursuant to this section shall be used only as housing for a resident farm employee, and shall not be used to house a migrant, seasonal, or temporary employee, or a full-time, year-round equine-related farm employee.

e. This section shall not apply to housing constructed, installed, or provided pursuant to the "Seasonal Farm Labor Act," P.L.1945, c.71 (C.34:9A-1 et seq.) and housing constructed, installed, or provided pursuant to this section shall not be subject to any provisions of that act.

4. This act shall take effect immediately.

STATEMENT

This bill amends and supplements the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et seq.), to allow housing for resident farm employees on a commercial farm to be a permissible activity and eligible for Right to Farm protections.

The bill directs the State Agriculture Development Committee (SADC) to adopt an agricultural management practice (AMP) that permits the housing of resident farm employees. The AMP would: (1) authorize, notwithstanding any local health code or zoning ordinance to the contrary, the construction, installation, and provision of housing for a resident farm employee; (2) specify the requirements of allowable housing and provide that the housing may be on a permanent or nonpermanent foundation; and (3) identify the types of farm animals that require the presence of a farm employee on a full-time, year-round basis, thereby requiring a resident farm employee. The bill defines "resident farm employee" as a person employed by the owner or operator of a commercial farm on a full-time, year-round basis to provide proper care and ensure the safety of farm animals on the commercial farm. The term does not include a migrant, seasonal, or temporary employee, or a full-time, year-round equine-related farm employee.