Bill Text: NJ A5013 | 2018-2019 | Regular Session | Introduced
Bill Title: Creates program in Department of Agriculture for deer fencing on certain farmland.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-07 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A5013 Detail]
Download: New_Jersey-2018-A5013-Introduced.html
Sponsored by:
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
SYNOPSIS
Creates program in Department of Agriculture for deer fencing on certain farmland.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning deer fencing on certain farmland and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is established in the Department of Agriculture a matching grant program for the purpose of providing funding for deer fencing to the owner or operator of:
(1) unpreserved farmland;
(2) a farm for which pinelands development credits have been sold or otherwise conveyed pursuant to the "Pinelands Development Credit Bank Act," P.L.1985, c.310 (C.13:18A-30 et seq.); or
(3) a farm that is located in a sending zone pursuant to section 13 of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-13).
b. (1) The department shall award grants of up to $200 per acre not to exceed a total of $20,000 per applicant for up to 50 percent of eligible project costs.
(2) Eligible project costs to be funded by a matching grant under the program shall include the cost to purchase deer fencing, or the maintenance costs of existing deer fencing, and any other costs established as eligible project costs pursuant to rules and regulations adopted by the department pursuant to subsection e. of this section.
c. The owner or operator of a farm as set forth pursuant to subsection a. of this section shall be eligible for a matching grant for eligible project costs and may apply in the form and manner prescribed by the department if the applicant's farming operation has a minimum of $10,000 in gross sales in the preceding calendar year from agricultural or horticultural products grown or derived from the applicant's farm operation as reflected in either personal or business federal tax return forms.
d. The Department of Agriculture shall request annually, as part of its annual budget proposal, such amount as may be necessary to fund the grants authorized pursuant to this section. The department shall also pursue and develop with the Division of Fish and Wildlife in the Department of Environmental Protection, the United States Department of Agriculture, and any other applicable State or federal agency, any available federal, State, local, and private funding for the grants authorized pursuant to this section.
e. The Department of Agriculture shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act, including, but not limited to, establishing information required to be submitted to the department to determine if a farm is eligible for funding pursuant to subsections a. and c. of this section, costs that qualify as eligible project costs in addition to those set forth in section b. of this section, and the manner in which an owner or operator of a farm eligible for funding pursuant to subsections a. and c. of this section shall provide the required 50 percent match for a grant.
f. As used in this section, "unpreserved farmland" means a commercial farm, as that term is defined in section 3 of P.L.1983, c.31 (C.4:1C-3), on which a development easement has not been conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, a county, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes.
2. This act shall take effect immediately.
STATEMENT
This bill would create a grant program within the Department of Agriculture to provide matching grants to the owner or operator of (1) unpreserved farmland; (2) a farm for which pinelands development credits have been sold or otherwise conveyed pursuant to the "Pinelands Development Credit Bank Act," P.L.1985, c.310 (C.13:18A-30 et seq.); or (3) a farm that is located in a sending zone pursuant to section 13 of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-13).
Contingent on available funding, the department would award grants of up to $200 per acre not to exceed a total of $20,000 per applicant for up to 50 percent of eligible project costs, which shall include the cost to purchase deer fencing, the maintenance costs of existing deer fencing, or any other costs established as eligible project costs as defined by the department. To be eligible for the program, the applicant would be required to have a minimum of $10,000 in gross sales in the preceding calendar year from agricultural or horticultural products grown or derived from the applicant's farm operation. The bill would define unpreserved farmland as a commercial farm, as that term is defined in section 3 of P.L.1983, c.31 (C.4:1C-3), on which a development easement has not been conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, a county, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes.
The Department of Agriculture would be required to request annually, as part of its budget proposal, such amount as may be necessary to fund the deer fencing matching grant program. The department would also be required to work with the Division of Fish and Wildlife in the Department of Environmental Protection, the United States Department of Agriculture, and any other applicable State or federal agency, to develop any available federal, State, local, and private funding for the grant program. The department would be authorized to adopt rules and regulations to effectuate the program.
Within the past 20 years, the Department of Agriculture and the Department of Environmental Protection have had programs to provide deer fencing to farmers to help protect their crops. In 2017, the Department of Agriculture launched a deer fencing program to provide matching grants to farmers for the costs of deer fencing and installation. These funds however are only available to farmers on preserved farmland. This bill would provide a mechanism to help farmers protect their crops on unpreserved farmland as well as on certain farms in the Pinelands and Highlands Region through a matching grant program.
