13:8C-27.1 Definitions relative to completely inclusive playgrounds.

4. a. As used in this section:

"Commissioner" means the Commissioner of Environmental Protection.

"Completely inclusive playground" means a playground designated for public use for children two to five years of age or five to twelve years of age, with an accessible playground surface, a playground surface inspection and maintenance schedule consistent with the standards detailed in the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), and designed in accordance with the rules and regulations adopted pursuant to subsection b. of section 2 of P.L.1999, c.50 (C.52:27D-123.10).

"Constitutionally dedicated moneys" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).

"Green Acres bond act" means: P.L.1961, c.46; P.L.1971, c.165; P.L.1974, c.102; P.L.1978, c.118; P.L.1983, c.354; P.L.1987, c.265; P.L.1989, c.183; P.L.1992, c.88; P.L.1995, c.204; P.L.2007, c.119; P.L.2009, c.117; and any State general obligation bond act that may be approved after the date of enactment of P.L.2018, c.104 (C.13:8C-27.1 et al.) for the purpose of providing funding for the acquisition or development of lands for recreation and conservation purposes or for farmland preservation purposes.

"Green Acres funds" means constitutionally dedicated moneys, Green Acres bond act moneys, or other State moneys appropriated to acquire lands for recreation and conservation purposes.

"Recreation and conservation purposes" means the use of lands for beaches, biological or ecological study, boating, camping, fishing, forests, greenways, hunting, natural areas, parks, playgrounds, protecting historic properties, water reserves, watershed protection, wildlife preserves, active sports, or a similar use for either public outdoor recreation or conservation of natural resources, or both.

b. Commencing one year after the effective date of P.L.2018, c.104 (C.13:8C-27.1 et al.), the commissioner shall prioritize any application submitted by a county seeking to acquire or develop lands for recreational and conservation purposes using Green Acres funds, provided that the Green Acres funds requested by the county are to be used for the design and construction of a completely inclusive playground. The commissioner shall grant further prioritization to the applications submitted by counties that do not currently operate and maintain a completely inclusive playground, to ensure at least one completely inclusive playground is operated and maintained by each county.

c. The board of chosen freeholders of any county or any county park commission may partner with nonprofit organizations, playground equipment manufacturers, playground safety consultants, and persons with disabilities with a demonstrated expertise in the design and construction of completely inclusive playgrounds, to assist with the design and construction of completely inclusive playgrounds. Any agreement entered into in accordance with this section shall not be subject to the requirements and provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).

d. If the board of chosen freeholders of any county or any county park commission jointly enters into an agreement with a municipality pursuant to R.S.40:12-9 for the construction and maintenance of a completely inclusive playground, for purposes of the prioritization of an application submitted by a county pursuant to subsection b. of this section, a completely inclusive playground constructed and maintained pursuant to such an agreement shall be operated and maintained by the county in which it is located.

L.2018, c.104, s.4.