Assembly must act by first days in August
By Gene Robbins, Managing Editor
State Senator Christopher "Kip" Bateman sees hope slipping away for any chance of passage this year of permanent state financing of open space preservation.
By a 36-1 vote, the state Senate passed a bill June 26 to dedicate existing corporate business tax revenues to buy farmland, open space and flood-threatened properties.
The Assembly must pass the same or similar bill by Aug. 4 in order for it to go on the November ballot for voter approval. Mr. Bateman was doubtful that would happen.
"It’s a shame, it really is," the Republican from Branchburg said Tuesday. "If not now, when? We’re losing precious time. Once the economy turns around, it’s going to be a race with developers. Now is the time to purchase land, while you can."
Mr. Bateman, one of the primary sponsors of the bill, said he sees open space funding once again falling victim to political considerations. Both Democrats and Republicans in the Assembly are hesitant to vote for a bill that could be portrayed as tapping state coffers while other state priorities are going wanting, the senator said.
That view was expressed by Mr. Bateman’s colleagues in the 16th District, which includes Hillsborough, Manville and Montgmery.
"With our unfunded liabilities and future economic obligations, I’m hesitant to take from a major revenue stream and dedicate it to open space," said Assemblyman Jack Ciattarelli, Mr. Bateman’s colleague.
Donna Simon, the other Republican legislator in the district, said there are "so many places where the state has to take care of" and taking from the revenue side over 30 years "was a little shortsighted," she said.
She said she’d research the issue more before she made a final decision. "No one can argue its intent — it’s definitely admirable," she said, but it would be imprudent in today’s economic climate.
The legislation would dedicate existing corporate business tax revenues to continue land, water, park, farmland and historic preservation efforts.
In order for the question to appear on the ballot this November for voter’s consideration, the Assembly must also approve the measure by a super-majority vote by Aug. 2. There are 30 Assembly sponsors and co-sponsors, including nine Republicans, but Mr. Bateman said he didn’t think the Democratic leadership would post the bill for a vote.
The early August deadline is needed because the measure is crafted as a state constitutional amendment that would need voters’ approval.
Indeed, it’s uncertain whether the Assembly will even meet before the first week of August.
Under the proposal, 4 percent of existing Corporate Business Tax revenues already dedicated to environmental programs would be reallocated to ensure continued funding to the Green Acres, Blue Acres, farmland and historic preservation programs, as well as programs to improve water quality and clean-up polluted sites. In fiscal year 2020, the dedication of existing CBT revenues would increase to 6 percent.
In dollars, the bill would raise $71 million in fiscal year 2016 and rise to $117 to $150 million annually in fiscal year 2019. The legislation was amended to ensure that there is no direct impact on the state budget for the next five fiscal years.
Ms. Simon said the state first needs to look at the spending side of its budget.
"It’s a matter of needs versus wants," she said. "To me, a tax is a tax, no matter how you phrase it. Until we sit at the same table and work on the exorbitant price tag for things like sick pay buyouts, more spending won’t be supported by me."
Mr. Ciattarelli said open space preservation hasn’t and won’t "grind to a halt." Even though most farmland or open space purchases are made by combining money from state, local, county and even non-profit organizations, municipalities and counties still have open space funds being used to buy worthwhile properties, he said.
He said he’d like to see permanent funding tied to preservation of the water supply. Mr. Bateman said there is no political support for that approach in Trenton, especially within the Republican Party, which — from the governor on down — has adopted a "no new taxes" position.
People who support open space preservation have been seeking a permanent and predictable source of funds for years. New Jersey voters have consistently voted for bond issues, with ones for $400 million in 2009 and $200 million in 2007 being the latest.
But bonding is seen by many as an expensive drag on the long-term economy and increasing the total cost over time.
Last year Mr. Bateman and Democratic colleague Robert Smith of Middlesex County were at the forefront of a proposal to dedicate a fraction of one percent of the state sales tax to the purpose. That, too, never got legislative approval to put it on the ballot.
This year’s time crunch is tied to the election deadline to get the constitutional question on the fall ballot. Voters approved a 2006 constitutional amendment in 2006 to dedicate 4 percent of the CBT to things like remediation of leaking underground storage tanks, and brownfield and other site cleanups.
For people like Mr. Ciattarelli and Ms. Simon, more pressing matters abound in the budget, starting with the hundreds of millions owed to the state pension fund, and going to operational expenses, like a proposal to bring back disabled people from out-of-state institutions and place them in private homes.
If the Assembly doesn’t reconvene, or Democrats don’t bring the issue to a vote, members would be spared the necessity to cast a prickly vote that could be used against them politically by either environmentalists or economic conservatives.
Mr. Ciattarelli said he respected Mr. Bateman’s longtime commitment to the environment and open space, but didn’t sound like he could vote for the bill, if it comes to the floor.
"If I feel it’s too generous at this point in time I may be voting no," said Mr. Ciattarelli.

