Summary of Bill A-4795 (NJ, 222nd Session)
Proposed by: Garden State Preservation Trust and sponsors
- Co-sponsors: Linda Carter, Shama Haider, Verlina Reynolds-Jackson
- Status: Introduced March 23, 2026; referred to Assembly Agriculture and Natural Resources Committee
Purpose of the bill
- To authorize the Garden State Preservation Trust to acquire land in urban areas of New Jersey for agricultural or horticultural purposes using constitutionally dedicated CBT (Corporation Business Tax) revenues.
- To reorganize and allocate CBT-derived funding among Preserve New Jersey funds (Green Acres, Farmland Preservation, Historic Preservation) and to establish a new Urban Agriculture and Horticulture Fund.
- To create an Urban Agriculture and Horticulture Stewardship Grant Program to support stewardship projects on land acquired and preserved for urban agricultural/horticultural use.
- To authorize counties and municipalities to use open space trust funds for acquisitions and stewardship of urban lands for agricultural or horticultural purposes, expanding current open space financing authorities.
Key provisions and changes
1) Allocation and funding of Preserve New Jersey CBT revenues (FY 2026 onward)
- New allocations (Section 1):
- 62% of CBT-derived funds to the Preserve New Jersey Green Acres Fund.
- 26% to the Preserve New Jersey Farmland Preservation Fund.
- 7% to the Preserve New Jersey Historic Preservation Fund.
- 5% to the Preserve New Jersey Urban Agriculture and Horticulture Fund (new).
- A one-time/initial allocation: On July 1 following enactment, $25 million from CBT-derived funds would be deposited into the new Preserve New Jersey Urban Agriculture and Horticulture Fund to support section 8 purposes (urban land acquisition and related activities).
2) Revisions to CBT funding allocation timeline (Section 2)
- For FY 2020 through FY 2025, allocations under existing framework (as amended by P.L.2019, c.136) remain:
- 62% Green Acres, 31% Farmland Preservation, 7% Historic Preservation.
- Beginning July 1, 2022, the Garden State Preservation Trust must review CBT allocations and expenditures for recreation/conservation, Blue Acres, farmland preservation, and historic preservation, including a public hearing to solicit input and potential recommendations for reallocations. Any recommended reallocations require legislative authorization.
3) Urban land acquisition program and criteria (Section 5)
- The Garden State Preservation Trust may acquire urban lands for agricultural/horticultural purposes in designated urban areas via fee simple or lesser interests (e.g., development easement, conservation restrictions).
- The Trust must establish eligibility criteria and an application process prioritizing small urban parcels suitable for agricultural/horticultural use.
- Land acquired in fee simple may be leased via competitive bidding to ensure use for agricultural/horticultural purposes; lease terms are set by the Trust.
- The Trust will designate urban areas by region based on population density, development, and land use.
- Annual tax-equivalency payments to towns to prevent tax loss from state acquisition of urban lands, consistent with existing methods.
4) Urban Agriculture and Horticulture Stewardship Grant Program (Section 6)
- Establishment of the Urban Agriculture and Horticulture Stewardship Grant Program to fund stewardship activities on land preserved for urban agricultural/horticultural purposes.
- Eligibility criteria, application procedures, grant terms, and monitoring requirements to be set by the Trust.
- Grants may cover projects improving soil health, climate resiliency, erosion control, etc.
- Grants awarded on a rolling basis subject to available funds in the new Urban Agriculture and Horticulture Fund.
- Annual reporting to the Governor and Legislature (and making the report public).
5) Establishment and use of the Preserve New Jersey Urban Agriculture and Horticulture Fund (Section 7)
- Creation of the Preserve New Jersey Urban Agriculture and Horticulture Fund (to hold CBT-derived dollars and other appropriations).
- Fund investments permitted; earnings credited to the fund.
- Funds are dedicated to urban land acquisitions, grant program funding, and admin costs (with a cap: no more than 15% of authorized funds for administrative costs).
- Annual reporting requirements and project-list-driven appropriation process, with Joint Budget Oversight Committee oversight for non-identifiable-site appropriations.
- Limits on eminent domain use for urban agricultural/horticultural land acquisitions; requires legislative concurrent approval for eminent domain use, except for value-establishing purposes with willing sellers (existing carve-outs).
6) Expanded open space finance authorities (Sections 9–11 and related amendments)
- Counties and municipalities may use existing open space trust funds to acquire and steward lands in urban areas for agricultural/horticultural purposes (in addition to other authorized purposes).
- Revisions to related statutes provide definitions and standards for acquisition, development, open space planning, and public access requirements.
- Reporting, public notice, and oversight provisions included for county and municipal endeavors.
7) Miscellaneous definitions and cross-references (Section 3 and related)
- Clarifies terms such as “acquisition,” “agricultural or horticultural purposes,” “Blue Acres project,” “stewardship activity,” and other programmatic definitions to align with the new urban agriculture provisions.
Procedural and timeline notes
- Effective date: The act takes effect immediately upon enactment.
- July 1 following enactment: $25 million deposit into the new Urban Agriculture and Horticulture Fund.
- Annual fiscal-year CBT allocations commence in FY 2026 under the new 5/62/26/7/5 split (with the urban agriculture portion becoming part of the constitutionally dedicated CBT framework).
- Ongoing trust review of CBT allocations begins July 1, 2022 (as specified) with public hearings and potential reallocations subject to legislative authorization.
- Trust-administered programs and grants would operate on rolling approvals, subject to fund availability.
Potential impact
- Creates a dedicated funding stream and governance framework for urban land acquisition and stewardship for agricultural/horticultural purposes.
- Expands the role of local governments in urban land preservation through enhanced open space funding authorities.
- Encourages urban agriculture and resilience projects with a new grant program and stewardship funding.
- Adds transparency and oversight through public hearings, reporting requirements, and SB/Legislative approvals for large-scale reallocations and eminent domain use.
Overall, Bill A-4795 aims to expand and formalize urban agriculture initiatives within New Jersey’s Preserve New Jersey program, alter CBT revenue allocations to support urban agriculture, and authorize targeted acquisition and stewardship of urban lands for agricultural and horticultural use.
