A 5348

ASSEMBLY, No. 5348
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 23, 2026
Sponsored by:
Assemblyman� GABRIEL RODRIGUEZ
District 33 (Hudson)
Assemblyman� JERRY WALKER
District 31 (Hudson)
Assemblyman� WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
���� Concerns temporary use of funding for open space,
recreation, floodplain protection, farmland and historic preservation for
certain municipalities.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act concerning temporary municipal discretion in use
of certain funding, and amending P.L.1997, c.24.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 7 of P.L.1997,
c.24 (C.40:12-15.7) is amended to read as follows:
���� 7. a. (1) The governing body
of any municipality may submit to the voters of the municipality in a general
or special election a proposition authorizing imposition of an annual levy for
an amount or at a rate deemed appropriate for any or all of the following
purposes, or any combination thereof, as determined by the governing body:
���� (a)�� acquisition of lands for
recreation and conservation purposes;
���� (b)�� development of lands
acquired for recreation and conservation purposes;
���� (c)�� maintenance of lands
acquired for recreation and conservation purposes;
���� (d)�� acquisition of farmland
for farmland preservation purposes;
���� (e)�� historic preservation of
historic properties, structures, facilities, sites, areas, or objects, and the
acquisition of such properties, structures, facilities, sites, areas, or
objects for historic preservation purposes;
���� (f)�� payment of debt service
on indebtedness issued or incurred by a municipality for any of the purposes
set forth in subparagraph (a), (b), (d), (e) or (g) of this paragraph; or
���� (g)�� Blue Acres projects.
���� (2)�� The amount or rate of
the annual levy may be subdivided in the proposition to reflect the relative
portions thereof to be allocated to any of the respective purposes specified in
paragraph (1) of this subsection or may be depicted as a total amount or rate,
to be subdivided in a manner determined previously, or to be determined at a
later date, by the governing body of the municipality after conducting at least
one public hearing thereon.
���� b.��� Upon approval of the
proposition by a majority of the votes cast by the voters of the municipality,
the governing body of the municipality may annually raise by taxation a sum not
to exceed the amount or rate set forth in the proposition approved by the voters
for the purposes specified therein.� If the amount or rate set forth in the
proposition was not subdivided among the various purposes, the governing body
of the municipality may determine the appropriate amount or rate to be
allocated to each purpose after conducting at least one public hearing thereon.
���� c.� (1)� Amounts raised
by the levy imposed pursuant to this section shall be deposited into a
"Municipal Open Space, Recreation, Floodplain Protection, and Farmland and
Historic Preservation Trust Fund" to be created by the municipality, and,
except as provided in paragraph (2) of this subsection, shall be used
exclusively for the purposes authorized by the voters of the municipality.� Any
interest or other income earned on monies deposited into the municipal trust
fund shall be credited to the fund to be used for the same purposes as the
principal.� Separate accounts may be created within the municipal trust fund
for the deposit of revenue to be expended for each of the purposes specified in
the proposition approved by the voters of the municipality.� A municipality may
deposit other funds into the Municipal Open Space, Recreation, Floodplain
Protection, and Farmland and Historic Preservation Trust Fund, as it may, from
time to time, deem appropriate.
���� (2)� If a municipality has
established an arts and culture trust fund pursuant to section 2 of P.L.2019,
c.335 (C.40:12-15.12), then, notwithstanding any provision of paragraph (1) of
this subsection to the contrary, the municipality may, upon resolution of the
governing body, deposit amounts raised by the levy imposed pursuant to this
section into the current fund of that municipality for uses not related to the
purposes of P.L.1997, c.24 (C.40:12-15.1 et seq.).� The authority established
by this paragraph shall apply exclusively to the tax levy for fiscal year 2027,
and funding deposited into a "Municipal Open Space, Recreation, Floodplain
Protection, and Farmland and Historic Preservation Trust Fund" prior to
fiscal year 2027 that has not been expended.
���� d.��� The governing body of a
municipality may submit to the voters of the municipality in a general or
special election a proposition amending or supplementing a proposition
previously submitted, approved, and implemented as provided pursuant to this
section either (1) changing the amount or rate of the annual levy, or (2)
adding or removing purposes authorized pursuant to this section for which the
levy may be expended.� Upon approval of the amendatory or supplementary
proposition by a majority of the votes cast by the voters of the municipality,
the governing body of the municipality shall implement it in the same manner as
set forth in P.L.1997, c.24 for implementation of the original proposition.
���� e.���� Upon petition to the
governing body of a municipality signed by the voters of the municipality equal
in number to at least 15% of the votes cast therein at the last preceding
general election, filed with the governing body at least 90 days before a general
or special election, the governing body of the municipality shall submit to the
voters of the municipality in the general or special election the proposition
otherwise authorized pursuant to subsection a. or subsection d. of this
section, as the case may be.
(cf: P.L.2011, c173, s.7)
���� 2.� This act shall take effect
immediately.�
STATEMENT
���� This bill authorizes that
certain moneys reserved for a municipality�s "Municipal Open Space,
Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust
Fund," may be deposited into the municipality�s current fund, for uses as
determined necessary by the municipality.�
���� The authority established by
the bill is to only apply if the municipality has established an arts and
culture trust fund.� The authority established by the bill is further limited exclusively
to the tax levy for fiscal year 2027, and funding deposited into a
"Municipal Open Space, Recreation, Floodplain Protection, and Farmland and
Historic Preservation Trust Fund" prior to fiscal year 2027 that has not
been expended.�