NJFB State Legislative Update

Spring 2015

***What follows is a synopsis of the bills that New Jersey Farm Bureau is tracking in the current two-year (2014-15) legislative session. Check back often, as this list is routinely updated to reflect recent action and new bill introductions***

Long-term funding for open space/farmland preservation that includes an extension of the "dual appraisal" method for Highlands acquisitions

On Tuesday, November 4th, 2014, voters overwhelmingly approved Public Question #2, the ballot measure to authorize a stable, long-term funding source for open space and farmland preservation acquisitions. The process of reviewing implementing legislation is now underway. The Governor is proposing to allocate the funds for these programs through the FY16 budget. Separately, the legislature continues to debate several proposed pieces of implementing legislation, include Senate Environment Committee Chairman Bob Smith's proposal, which allocate 29% of the funds to the farmland preservation program. It remains to be seen whether the funding distribution will happen through stand-alone implementing legislation or as part of the budget. NJFB will remain at the forefront of the discussion about the implementation of Public Question #2 going forward.

The standalone legislation (A-3058/S-1050) to extend the expiration date of special appraisal process (dual-appraisal) for the farmland preservation program from 2014 to 2019 for lands in the Highlands region was approved unanimously by the full Senate on December 1st. The bill was subsequently approved by the full Assembly on December 18th, and signed into law by the Governor.

S-998/A-2500: Establishes animal cruelty offense of cruel confinement of a gestating pig (Lesniak):

There are renewed attempts underway to impose a de facto ban on the use of gestation crates in spite of the Governor's veto of similar legislation last session. A veto override attempt in November was unsuccessful, but the sponsor has introduced a revised proposal to mandates that the Department of Agriculture adopt regulations concerning the confinement of pregnant sows during gestation, once again bypassing the existing Humane Treatment of Domestic Livestock Standards that are already in place.

The legislation was approved by both chambers but once again vetoed outright by the Governor. NJFB supported the Governor's action, and will oppose any attempt to override the veto.

A-1359/S-91: Mandatory Labeling of Genetically Modified Foods (GMOs) (Wolfe, S. Kean/Singer Vitale; Stender; Stender, Wagner, Lampitt):

The bill was released from the Asm. State and Local Government Committee on October 16th; the bill’s sponsor is the chairwoman of this committee and no further action is anticipated currently.

NJFB continues to actively oppose this mandatory labeling initiative on the basis that it would increase food costs for producers and consumers and unfairly stigmatize these plant varieties that have routinely been deemed materially-equivalent to their non-GMO alternatives. NJFB believes that voluntary labeling is the more appropriate approach.

Supplemental budget appropriation for NJAES for production agriculture research and extension work

NJFB supports any effort to restore funding for production agriculture-related research and extension support work by Rutgers University's New Jersey Agricultural Experiment Station (NJAES). There was a proposal last session to authorize a $1M budget supplement earmarked specifically for production ag research and extension work, but that measure was not included in the final budget. NJFB continues to support this supplemental appropriation proposal, and will advocate for additional funding in the FY16 budget

A-1272: Permits special occasion events that promote agricultural tourism to be conducted on preserved farmland under certain circumstances (Dancer, Riley, McHose/Norcross):

This bill was released from committee in the Senate and Assembly on Monday, March 24th, with amendments, and subsequently passed in both chambers on Thursday, March 27th.

The Governor issued a conditional veto of the bill on Monday, May 12th, removing any consideration for RTF protection and limiting the bill's scope to a 44-month pilot program for preserved wineries only. The Senate voted to approve the amendments proposed in the CV on Thursday, June 10th and have scheduled a final vote on the bill, with amendments, for Monday, June 23rd. Corresponding action was taken by the Assembly on Thursday, June 27th. The SADC has subsequently issued guidance for implementation and procedures for interested preserved wineries.

A-1373: Prohibits the sale and use of neonicotinoid pesticides in New Jersey (Stender)

This bill would prohibit the use or sale of neonicotinoid pesticides in New Jersey. These pesticides are widely in use in agriculture, and NJFB has serious concerns about this legislation. The has been referred to the Assembly Agriculture Committee.

A-2839: Authorizes State Agricultural Development Committee to permit operation of certain microenterprises on certain preserved farms; designated as "New Jersey Rural Microenterprise Act." (Burzichelli)

This legislation was introduced last April and referred to the Assembly Agriculture and Natural Resources Committee but never formally considered in committee. It seeks to address the concern of certain earlier preserved farm-owners who were ineligible to set aside an exception area when they entered in the farmland preservation program. This legislation would allow preserved farm-owners to apply for a permit to conduct certain “microenterprise” activities on preserved farmland.

The proposal was the subject of discussion at this year's agricultural convention, and continues to be reviewed by the agricultural industry. It was subsequently reintroduced in the summer of 2014, and considered and released by the Asm. Agriculture Committee on Monday, October 27th.

A-2736: Minimum wage relief (Fiochi, Gregg-Rodriguez, Brown C. A., Brown C.J., Rible):

This bill provides farmers with credits against the corporationbusiness tax and the gross income tax for the increased cost of laborcaused by the increase in the minimum wage. It was introduced on February 24, 2014, and referred to the Assembly Agriculture Committee.

Under the bill, eligible employers are allowed a tax credit equal to the total number of hours worked by eligible employees during the taxable year for which they are paid the State minimum wage multiplied by the amount, if any, by which the State minimum wage exceeds the federal minimum wage. Thus, if an eligible employee works 2,080 hours in a year, and the current State and federal minimum wages are $8.25 and $7.25, respectively, an eligible employer will be allowed a $2,080 credit for that employee. However, if the federal minimum wage is increased above the stateminimum wage, this tax credit will be inoperative

A-535: Clarifies historic driving privileges for holders of the 16-year old agricultural drivers license (DiMaio)

NJFB continues to fully support the legislation to restore historic driving privileges to 16-year old holders of agricultural drivers licenses. The legislation was approved unanimously by the Assembly Agriculture Committee on Monday, February 10th, and NJFB was on-hand to testify. The bill was subsequently approved by the full Assembly on Monday, September 29th. It was approved by the Senate Transportation Committee on Monday, June 15th and is now poised for final action by the Senate. NJFB is working with the legislature to encourage action by the Senate before June 30th, which would send the bill to the Governor's desk for final review.

Wildlife Management Bill Package

Assembly Agriculture and Natural Resources Committee Chairman Bob Andrzejczak has introduced a package of bills to address a range of priority agriculture-related wildlife management issues. The package was scheduled for consideration by the committee at its May meeting, but that meeting was subsequently cancelled. NJFB will continue to work with the sponsor and the legislature on this important legislation going forward, and will inform its membership about any future action.

What follows is a brief synopsis about the bill package:

  • The first bill (A-3117) would require state and local entities purchasing land, whether as preserved farmland or open space, to prepare a wildlife management plan for the parcel. SADC and DEP/Fish & Wildlife would be charged with preparing template wildlife management plans, and state/local entities acquiring land would have to implement a plan that's in conformance with the template as a condition of receiving public money to acquire the property.
  • The second bill (A-3118) would authorize a biennial increase in the number of wild turkey hunting permits upon review/recommendation by the Fish & Council.
  • The third bill (A-3119) would clarify that noise cannons are an allowable, non-lethal tool for wildlife control on farmland.
  • The fourth bill (A-3120)requires the Fish & Game Council to establish a summer bow hunting season for cultivated lands.
  • The fifth and final bill (a-3121) creates a multi-species depredation permit option for farmers.

The bills to require wildlife management plans for all publicly-held lands (A-3117), create a multi-species depredation permit for farmers (A-3121) and establish a summer bow hunting season on cultivated lands (A-3120) were released by the Assembly Agriculture Committee on September 22nd.

Three of the bills (A-3117; A-3120; A-3121) were released by the Assembly Agriculture Committee on September 22nd.

Separately, a revised version of the multi-species depredation permit (A-4380), this time allowing for annually-renewable depredation permits based on the prior year's damage or loss was approved by the Assembly Agriculture Committee on May 11th.

A-2122/S-687: Bear/deer baiting bill (Lesniak/Gusciora)

This legislation was considered and released by the Senate Economic Growth Committee in the last legislative session, but was never the subject of a final vote in either chamber. The legislation has been reintroduced for the new 2-year legislative session.

NJFB has strong reservations about the legislation to prohibit baiting for bear or deer in areas of the state identified by DEP as “bear habitat areas” and to require the use of bear-resistant trash receptacles in these same areas. Baiting can be an essential feature of a farmer's wildlife management protocols, and some farmers additionally sell excess produce as bait for supplemental income. It is also unclear how these "bear habitat areas" would be identified. If broad criteria are used, this legislation could effectively eliminate baiting in vast swaths of the state.

Commercial beekeeping

There are two pending bills to assist the state's commercial beekeeping industry that are supported by NJFB. The first bill (A-1294/S-1328)) extends Right to Farm protection to beekeeping operations under certain circumstances. The second bill (A-1295/S-1975) authorizes the Dept. of Ag to establish statewide standards for beekeeping and apiary management. The bills were approved by the Assembly Agriculture Committee and Senate Economic Growth Committee during the last legislative session, but were not subject to final approval in either chamber. The package was released by the Assembly Agriculture Committee on Thursday, June 12th. The full package was released by the full Assembly on Monday, June 23rd. It was subsequently released by the Senate Economic Growth Committee on June 11th, and is now poised for final action by the Senate to send the package to the Governor's desk for final review.

A-1275: Prescribed burn (Dancer/Beach; Smith)

This legislation, subject to a "pocket veto" by the Governor at the close of the last legislative session, is an important measure for forest landowners throughout the state, particularly in the Pinelands area. NJFB supports renewed action on the bill in the new session and is actively working with the administration to identify a possible compromise approach.

Discussions about a compromise approach continue. On Monday, February 25th, the bill was released by the Assembly Agriculture Committee with a 5-0-0 vote. The Assembly Appropriations Committee released the proposal on Monday, June 23rd. The bill was subsequently approved by the full Assembly on Thursday, June 26th. On September 15th, the Senate Environment Committee considered and released the bill.

A-1301: Sales tax for equine boarding stalls (Dancer/Burzichelli)

Effective October 1st, 2006, separately-stated stall rental charges at equine boarding facilities became subject to state sales tax requirements. Though the new sales tax requirement for boarding stall rentals has been in place since 2006, it is our understanding that enforcement by Division of Taxation officials didn't kick-in until 2011. The delay in enforcement can be attributed to the fact that there were a number of new taxable items added to the sales tax rolls in 2006, and enforcement was carried out in a piecemeal way.

There is now legislation to clarify that equine boarding stall rentals would no longer be subject to this sales tax collection requirement. NJFB supports this legislation, and is working closely with the bill's sponsors on the measure. NJFB expressed its support for the measure when it was reviewed by the State's Sales and Use Tax Review Commission, an appointed commission that offers informal guidance to the legislature on bills related to sales/use taxes.

A-2354/S-785: Concerns earned paid sick leave (Lampitt, Giblin, Diegnan, Fuentes/Weinberg, Cody, Rice, Cunningham, Lesniak)

This legislation would require that all employers provide earn sick leave for their employees. One hour of sick leave is accrued for every 30-hours worked. The employer is not required to permit the employee to accrue at any one time, or carry forward from one year to the next, more than 40 hours of earned sick leave if the employer has less than 10 employees in the State, or more than 72 hours of earned sick leave if the employer has 10 or more employees. Assembly leadership has identified this legislation as a possible priority item going forward. The bill was considered and released by the Assembly Labor Committee on Monday, October 27th, and subsequently released by the Assembly Budget Committee on Monday, December 15th. The Senate companion is scheduled for consideration by the Senate Labor Committee on Monday, June 22nd.

NJFB has policy to oppose mandatory paid sick leave for farm employers, and will continue to monitor this legislation.

S-2034/A-1775: Forestry on state lands (McKeon)

Last summer, the Governor conditionally-vetoed legislation to authorize DEP to work with private foresters to conduct forest stewardship activities on state-owned land. NJFB supports revisiting this concept in the new legislative session, working toward a compromise solution that satisfies the concerns raised by the Governor in his conditional veto.

On Monday, February 25th, the bill was released by the Assembly Agriculture Committee with a 5-0-0 vote. The Senate version was released by the Senate Environment Committee on Monday, June 16th, and was released by the Senate Budget and Appropriations Committee on Monday, June 23rd. Discussions continue about a compromise to address the issues identified in the Governor's conditional veto last summer.

Highlands

A package of bills have been introduced to provide municipal/landowner relief from certain aspects of the Highlands Act until certain equity benchmarks are met:

  • S349(Oroho, Bucco, O'Toole) Prohibits State departments and agencies from considering or requiring compliance by Highlands planning area municipalities with Highlands regional master plan in certain circumstances.
  • S355(Oroho, Bucco)Suspends "Highlands Water Protection and Planning Act" until certain conditions are met. This says until a preservation funding source is in place they should stop implementing the act. this is the one the board voted to support as it matches policy.
  • S1240 (Oroho, Doherty) Provides "Highlands Water Protection and Planning Act" exemption, and clarifies municipal planning or zoning authority, for certain development along commercial corridors in Highlands Region there is an 18 page bill now on line, I promised Bob I would fax it to him when it became available. The bill focuses on local control for projects in the commercial corridors.

Farm-to-School

A package of "Farm-to-School" and school garden enhancement measures have been introduced. NJFB worked closely on this package of bills:

  • A-2641: School Gardens (Space, Andrzejaczak, Wilson, Dancer): allows for voluntary contributions by taxpayers on gross income tax returns to support farm to school and school gardens programs.
  • A-2642 Andrzejczak, B. (D-1); Riley, C.M. (D-3); Space, P. (R-24); Dancer, R.S. (R-12) Allows contributions to NJ "Farm to School" program.
  • A-2643 Space, P. (R-24); Riley, C.M. (D-3); Dancer, R.S. (R-12); Wilson, G.L. (D-5) Establishes "Best in New Jersey 'Farm to School' Awards Program" to annually recognize the best farm to school programs implemented by a school or school district.
  • A-2644 Dancer, R.S. (R-12); Andrzejczak, B. (D-1); Space, P. (R-24); Wilson, G.L. (D-5) Directs Dept. of Agriculture to establish clearinghouse website for farmers to offer produce and dairy products for use by school breakfast and lunch programs.
  • AJR-56 Andrzejczak, B. (D-1); Dancer, R.S. (R-12); Riley, C.M. (D-3); Space, P. (R-24) Designates Wednesday of "Jersey Fresh Farm to School Week" as "School Garden Day in NJ."

On Monday, March 10th, the package was released from the Assembly Agriculture and Natural Resources Committee with unanimous support. The package was subsequently released by the Senate Economic Growth Committee on Monday, May 5th. The Assembly took final action on the bill package in May. The Senate approved the full package on Monday, June 23rd, sending three of the bills (A-2644, A-2641, A-2642) back to the Assembly with amendments. The Assembly approved the three bills that were sent back on Thursday, June 26th, and signed into law by Acting-Governor Kim Guadagno on Monday, August 25th.

A1305 Aca (1R) Requires any State entity planting vegetation to use only vegetation native to area being planted, with some exceptions, and when purchasing vegetation, to purchase, to the maximum extent possible, only from NJ businesses (Dancer, Wilson):

The bill was released by the Assembly Agriculture Committee on Thursday, June 12th. NJFB is working with nursery interests and the sponsor to minimize any impact of the state's nursery producers.

A-1958/S-1848: Concerns permits, letters of exemption, and enforcement with regard to agricultural activities under the “Freshwater Wetlands Act” (Riley, Chivukula):