Sneak Attack on Parks- Park Privatization Hidden in Budget Bill

Senate bill S20 (Sarlo/Cunningham) passed with a vote of 21-17 and is now heading to the Governor’s desk. The bill amends and supplements FY20 appropriations act to effectuate extension of fiscal year through September 30, 2020. They are looking to take around $82 million from the Department of Environmental Protection, as well as another $20 million from the Clean Energy Fund for NJ Transit. The bill also has language that lets the DEP issue a solicitation to engage the private for-profit and nonprofit sector in reducing backlogs for state parks through leaseholds.

“In a sneak attack on parks, hidden in the budget bill is language that will allow privatization of our parks. The bill will not only raid money for environmental programs, but let private and nonprofit lease our parks, forests, and open space and do what they want for capital improvements. We are concerned that these capital improvements will be incompatible with the use of our parks and can include private plans approved by the state with little oversight or public input,” said Jeff Tittel, Director of the New Jersey Sierra Club. “The privatization language was snuck in without the public knowing about it. We believe this language was slipped in the bottom of the bill to allow for Paul Fireman’s golf course on Liberty State Park and other privatization projects. These areas are not to be leased out to private entities for golf courses, marinas, waterparks, shopping centers, hotels, and more. These lands are held in the public trust for the people of New Jersey and this bill violates that public trust doctrine.”

Senate bill, S20 (Sarlo/Cunningham) specifically states, “on or before September 1, 2020, the Department of Environmental Protection shall issue a solicitation to engage the private for-profit and non-profit sector in reducing maintenance and capital investment backlog and environmental remediation at state parks in order to facilitate enhanced cultural, recreational and local economic opportunities for New Jersey residents through appropriate means including leaseholds.”

“Several years ago, there were plans to put a private Marriott hotel in Washington Crossing, a proposal for a millionaire’s marina, and a food court with shops at Island Beach State Park. These projects that people have fought hard against could now come back if this bill were to be signed into law. Our concern is that we will end up having private entities within our public parks,” said Tittel. “We fought against a hotel, millionaire’s golf course and private marina at Liberty State Park, and the effort to protect that land already continues. Will this bill now let Paul Fireman lease Caven’s Point and take over the land for his millionaire’s golf course? If signed, the bill will be effective immediately by September 1. This means the state will be rushing to lease our give out contract to private entities for critical functions of the park.”

Governor Murphy’s effort to privatize our state parks started to gain momentum last year as the administration evaluated how public assets could generate more revenue for the state’s pension system. New Jersey residents have for many years been willing to devote substantial resources to land preservation despite living in a high-tax state because they have recognized the importance of saving our open spaces. Taxpayers have invested heavily in our future for nearly 60 years, since the beginning of Green Acres, which has been one of the state’s most successful programs.

“For the last three years, Governor Murphy has continued efforts to privatize our state parks. Privatization in other states and at the federal level has led to increased fees for camping and cabins. Some privately managed federal concessions have multiple year long waiting lists and exorbitant rates. This shift would put our parks out of reach for lower income families,” said Tittel. “There will be little oversight and public input on how these properties will be managed and maintained. Our legislators cannot have for-profit companies taking over public land, restricting access and failing to further the mission of the parks. We do not want a Ferris wheel spinning near where Washington slept or a fast food shop where Washington’s army stopped.”

New Jersey has endured a long list of dubious ideas to commercialize public land. The fight continues to protect Liberty State Park, where proposals in or near the park have included a casino and a Formula One racetrack as well as a marina and golf course. Revitalization efforts in Atlantic City have included consideration of a NASCAR track on public land. DEP considered leasing part of Norvin Green State Forest for a pay-to-play mountain bike park.

“The privatization of parks will drastically alter the visitor experience. There is a significant difference between allowing vendors to operate concessions at state parks – such as restaurants, bed and breakfasts, or kayak rentals – and leasing the park lands to be managed by big corporations. Private companies could end up determining public access, use, and costs.  This could be the beginning of having a concession run the D&R Canal and boat access. When public land is commercialized, we lose a part of our legacy,” said Tittel.

Just last year, the New Jersey Office of the State Comptroller released a DEP performance audit of controls over revenue selected for state parks. They found that key internal controls were insufficient for the management and administration of the lease and concession agreements. The audit uncovered close to $343,000 in revenue lost due to a lack of internal monitoring and controls for collecting lease payments. Poor management of leases on state parks was also uncovered, leading to undervalued concession rates and inconsistent lease terms

“The legislature is taking $9.6 million from the parks budget even though DEP hardly has enough resources to keep our parks open. Now because of the constant cuts to the park budget, privatizing our parks becomes an excuse to fix it. What’s even worse is that we don’t know what kind of revenues these leaseholds we generate for the state or if there will be sweetheart deals behind closed doors,” said Tittel. “The budget bill is calling for privatization of parks and forests but the state is not managing the leases they have now This has been a major problem with our parks going over 15 years. Audits in 2011 and before showed the same thing. This is money that could be going back to our parks to help, maintain and fix them. Instead that money has not been collected.”

More state lands would be turned into country clubs, amusement parks, or cute historic themed shopping centers. Under the bill, more state lands would be turned into country clubs, amusement parks, or cute historic themed shopping centers. We can end up having a Six Flags at Wharton State Forest.

“The Sierra Club for more than 125 years has fought to preserve public lands for the public. That is what we stand for, and what we will continue to fight for against threats that will continue no matter who what. Commercialization of our parkland will mean the loss of public access to parks and historic sites,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This land is held in the public trust by the government and this language clearly violates that public trust doctrine. That is why Governor Murphy needs to uphold that public trust by taking out the line item in the bill. We ask Murphy to protect these parks that belong to all of us. This land is made for you and me, not Fireman or Marriott.”