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June 17, 2021

 
I.   State Issues
II.  Federal Issues
III. COVID-19 Weekly Update
IV. 2020 Annual League Conference
 
Municipal Clerks: Please forward to your Mayor, Governing Body, and Department Heads.
 
To assist in providing guidance and information we have created a COVID-19 resource page. We will continue to update the page as we get pertinent information and include announcements in our Daily Updates.
 
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I. State Issues

a. Action Needed:  Update on Bill Removing Management Prerogative

 
We are pleased to report that A-5862/S-3810, known as the “Responsible Collective Negotiations Act”, was pulled from yesterday’s Assembly Appropriations Committee agenda.

Although this legislation is being touted as providing additional worker safeguards in response the 2018 U.S. Supreme Court Janus v. AFSCME ruling, it includes numerous troubling provisions that would further unlevel the playing field in public sector negotiations in favor of labor by eliminating the function and rights of management to effectively govern its affairs with property taxpayer dollars. For more information please see our June 14 alert.
 
Thank you to those who have reached out to your legislative representatives expressing opposition to this legislation.
 
But while the bill was held yesterday, we remain very concerned that it could return in the upcoming days. If you have not done so already we urge you to contact your Senator and Assembly representative immediately and urge them to oppose A-5862/S-3810.
 
Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.

b. Legislation Advances Regulating Small Cell Deployment (5G) in Municipal Right-Of-Way

 
This week, committees in both the Senate and Assembly amended and reported favorably on legislation that seeks to preempt and supersede local regulation of small cell deployment within the municipal rights-of-way.  With the committee amendments the League now opposes A-1116/S-2674.

The League worked with sponsors and other stakeholders on A-1116/S-2674 to craft a bill that would provide industry flexibility while protecting local community interests and expanding equitable access to fast affordable broadband internet. Committee amendments, however, changed the scope of the legislation to allow additional industries and technologies not previously contemplated within the bills, to be included in the favorable treatment that would have only been available to “personal wireless providers.”   
 
A-1116 is in 2nd reading in the Assembly, and S-2674 has been referred to the Senate Budget and Appropriations Committee. For more information on this legislation please see the League’s previous blog post and a recent op-ed written by Mayors Ras Baraka and Adrian Mapp, representing the Urban Mayors Association. We urge our members to reach out to their legislators to express their concerns with these bills.
 
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

c. Business Personal Property Taxes Legislation Advances

 
On Wednesday, the League testified in support of A-2991 before the Assembly Appropriations Committee which favorably reported the legislation out of committee. This legislation clarifies telecommunications industry corporate tax responsibilities, and shields local taxpayers from the costs of endless tax court litigation.
 
Based on a misreading of a 1997 law, one telecommunications service provider decided that it could exempt itself from the payment of business personal property taxes (BPPT), in any year and in any municipality, when and where it, unilaterally, determined that it provided less than 51% of dial tone service.
 
The dispute began in 2008, when Verizon informed a handful of municipalities that it had decided to exempt itself from payment of taxes on all of the cables and electronic equipment it houses in local switching stations. In the years that followed, similar decisions by Verizon have led to cases affecting taxpayers in more than one hundred and thirty other New Jersey municipalities. 
 
In 2019, Hopewell Borough in Mercer County prevailed over Verizon in a Tax Court case involving the corporation’s claimed exemption for 2008. It took one municipality ten years to ensure that Verizon would pay its 2008 taxes. 
 
Further litigation is needed for Hopewell to secure BPPT payments for each subsequent year in which the exemption was claimed. Every other municipality faces the same prospect of costly annual tax court filings, which, as we have seen, can drag on for over a decade. But even that might not end the problem, as Verizon has appealed the final Tax Court decision, forcing Hopewell Borough to put even more time and treasure into the fight.
 
The League urges the full Assembly to vote on A-2991 and that the Senate companion, S-241, receive a hearing in Senate Community and Urban Affairs Committee.  

 
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.

d. Bill Preempting Local Say Over Offshore Wind Projects Being Fast-Tracked 

 
Legislation that would give the Board of Public Utilities (“BPU”) authority to preempt and supersede all necessary local approval of projects necessary to construct offshore wind projects, was introduced and reported out of committee this week. S-3926/A-5894 would also provide the BPU with authority to effectuate the transfer of municipal land to the offshore wind project if such land is deemed necessary to complete the project, and if the municipality and the project have not come to an agreement on the land within 180 days of the projects approval.
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Because of the preemptive nature of this bill and for other reasons, the League opposes this legislation. While the sponsors have indicated a willingness to discuss possible amendments, there remains a concern that the expedited process in which these bills have been considered will leave many stakeholders, including the League, unable to have meaningful discussions before the bills advance further.

 
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

e. Responsible Dog Ownership Act Before Committee Next Week

 
As reported last week, A-2401, the Responsible Dog Ownership Act, was favorably reported from the Assembly Agriculture Committee on June 9. Since then, it has been removed from the agendas for both the Assembly Appropriations and Senate Environment & Energy Committee, on the Senate companion S-3607. However, it has been recommitted to the Assembly Agriculture Committee and scheduled for a hearing on Tuesday.
 
The legislation requires the establishment of leashing and fencing requirements by the Department of Health, to be implemented by municipalities throughout the State, that provide for the protection of the public, especially children, from unrestrained dogs. The League has been working with the sponsors on amendments, but as it is currently drafted, the League opposes this bill as overly specific and broad as well as a statewide mandate that does not fit every municipality.  
 
The League will continue to work with the sponsors to craft amendments that are acceptable to municipalities. Local elected officials should speak with their legislators about the municipal impacts of this bill.
 
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.

f. Legislation Returning Excess Construction Fees to General Fund Advances

 
A-5895/S-3868 would require the transfer of excess Uniformed Construction Code fees to the municipal general fund when the fees collected exceed 112% of the total operating cost for the construction code department. The Assembly Appropriations Committee amended the bill to require in any year in which there is a shortfall in the fees collected that funds from the municipal general fund or current fund are used to cover the operating cost of the construction department. The bill was amended at today’s Senate Budget Committee but the amendments are unavailable at this time. We anticipate that this legislation will be before the full Senate and Assembly next week.
 
Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.

II. Federal Issues

a. DLGS Publishes LFN 2021-11 to Provide Guidance for COVID State and Local Fiscal Recovery Funds

 
As a reminder, the Division of Local Government Services (DLGS) posted Local Finance Notice 2021-11 providing guidance for non-entitlement municipalities (municipalities with a population under 50,000 residents) that will receive their American Rescue Plan Local Rescue Funds through the state.
 
For more information on the Division’s guidance, please read the League’s recent blog post.
 
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.

b. President Biden Signs Legislation Making Juneteenth a Federal Holiday

 
On Thursday afternoon, President Joe Biden signed S.475 designating Juneteenth National Independence Day (June 19) as a federal holiday, effective upon his signature.
 
As a reminder, last September, Governor Murphy signed P.L. 2020, c. 76 designating the third Friday in June as Juneteenth Day a state and public holiday. We anticipate that the White House will be sending a fact sheet to support local implementation decisions. We will forward you this fact sheet once we receive it.
 
We suggest you review the new federal law along with the state law with your labor counsel and manager to determine the impact of the new laws on your collective bargaining agreements and municipal employees.
 
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.

c. Highlight Municipal Infrastructure Needs and Successes with #LeadWithInfrastructure

As Congress debates the details of an infrastructure package with the Biden Administration, including how it is paid for, it is critical that New Jersey municipalities highlight infrastructure needs and successes on social media and tag federal members.

Using the hashtags #RebuldWithUs and #LeadWithInfrastructure, please share pictures, graphics and descriptions of local infrastructure needs and success stories on your social media accounts. Examples of tweets can be viewed on the League’s Social Media Sample Page.

Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.

III. COVID-19 Weekly Update

We anticipate that tomorrow the Governor will announce that the State has hit its goal of fully vaccinating 4.7 million individuals who live, work, or study in New Jersey two weeks ahead of the original target date of June 30.
 
Earlier this week the Governor signed an Executive Order ending the moratorium on utility shutoffs as of July 1, 2021 as well as establishing a six month grace period to December 31. This grace period will provide time for customers facing utility arrearages to enroll in payment assistance plans.
 
COVID Data for June 17, 2021:

• 195 new positive cases for a total of 890,878 confirmed cases
• 7 new confirmed deaths for a total of 23,674 confirmed deaths
• The rate of transmission is at 0.91
• 1,263 cases linked to 281 school outbreaks since August 2020
• 9,318,817 vaccine doses have been administered, including 5,189,617 who have received at least one dose and 4,477,411 who are fully vaccinated. 55% are Pfizer, 41% Moderna, and 4% J&J. 

• Mike Cerra, Executive Director, mcerra@njlm.org, 609-695-3481, x120.
• Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.

IV. 2020 Annual League Conference

a. It’s Not Too Late!

 
We hope that the NJLM Virtual Conference allowed you to look back and forward on the challenges of the day, be it the COVID-19 pandemic, social and restorative justice or how to balance the competing interests in preparing for your 2021 budget. While we expect to be back in-person in Atlantic City in 2021, the virtual conference offers a unique benefit. The content of the approximately 80 programs and 145 virtual exhibitor booths will be available on-demand through October 31, 2021.  

Anyone who is registered can simply log in to the Conference website to view any of the programs or visit any of the exhibitor booths. And for those who did not attend, it’s not too late. We will continue to accept registrations for access to the Conference site. Those who register now will not be able to apply for CEUs but will have full access to all programs and exhibit booths. And please continue to visit the exhibitors who chose to support the 105th Annual Conference by stopping by their booths. You can contact exhibitors directly with any questions or comments by simply using the “Request Information” button on each booth. This will generate an automatic email to the exhibitor and they will contact you with a reply.

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