Bill
Bill > A3559
NJ A3559
NJ A3559Authorizes expenditures from open space trust funds to develop or maintain recreation and conservation land although the land was not acquired by the municipality.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill would authorize municipalities, by adoption of an ordinance, to appropriate and expend amounts raised through an annual levy imposed for the development or maintenance of lands acquired for recreation and conservation purposes for the purpose of developing or maintaining other land devoted to recreation and conservation purposes, whether such land is owned by the municipality or another public entity, so long as the land is located within the municipality and the improvements will inure to the benefit of the residents of the municipality. Under current law, imposition of an "open space tax" must be authorized by adoption of voter referendum. A recent court decision has indicated that moneys raised from this open space tax for the development or maintenance of lands acquired for recreation and conservation purposes cannot be appropriated and expended by a municipality to improve public school fields located within the municipality, because the school property was not "acquired" by the municipality. Under this bill, municipalities will be authorized to expend "open space tax" revenues to develop and maintain other land devoted to recreation and conservation purposes, whether the land is owned by the municipality or another public entity, so long as the land is located within the municipality and the improvements will inure to the benefit of the residents of the municipality, despite the provisions of current law or the constraints of a voter referendum that may have limited expenditures from such revenues to lands acquired by the municipality.
AI Summary
This bill allows municipalities to use funds collected from an "open space tax," which is a special tax levied for recreation and conservation land, to develop or maintain other recreation and conservation land within the municipality, even if that land wasn't originally acquired by the municipality. Previously, these funds could only be used for land the municipality itself had acquired, and a recent court ruling clarified that this restriction prevented using the funds for things like public school fields. This bill, by allowing the use of these funds for any recreation or conservation land within the municipality that benefits its residents, regardless of ownership, expands the flexibility of how these dedicated tax revenues can be utilized.
Committee Categories
Agriculture and Natural Resources
Sponsors (1)
Last Action
Introduced, Referred to Assembly Environment and Solid Waste Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/A3559 |
| BillText | https://pub.njleg.gov/Bills/2026/A4000/3559_I1.HTM |
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