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October 22, 2021 I. State Issues II. Federal Issues III. COVID-19 Weekly Update IV. Also of Interest 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. Certain Sign Fabrications Now Subject to Prevailing Wage On October 18 Governor Murphy signed into law A-1536/S-3844, which adds sign fabrication to the definition of “custom fabrication” under the Prevailing Wage Act. Under the expanded definition of “custom fabrication” one or more signs in a project that cost a total of more than $30,000 and are part of project upon completion are subject to the prevailing wage. P.L. 2021, c. 253 took effect immediately. Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
b. State Exempts Areas of Schools Used as Polling Places This week, Governor Murphy and State Police Superintendent Callahan announced Administrative Order 2021-3 which facilitates the safe operation of polling locations at schools for the November 2nd, 2021 General Election by exempting areas utilized for election day activities from indoor mask requirements at schools. The order establishes that on November 2, 2021, from 12:00 a.m. to 11:59 p.m., the definition of "the indoor portion of school district premises" as used in Executive Order No. 251 (2021), which requires mandatory use of face masks by staff, students, and visitors, will temporarily exclude rooms within school district premises that are used exclusively to conduct the 2021 General Election. Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
c. Governor Murphy Announces $100 Million investments in Open Spaces Across New Jersey On Wednesday, November 20, Governor Murphy announced a proposed investment of over $100 million to urban parks, playgrounds, and open spaces projects across New Jersey. These proposed improvement projects are funded through the Green Acres Program. The investments are awaiting final approval by the Green State Preservation Trust. This funding would create new parks, develop athletic fields, playgrounds, improve waterways, build flood resilience, and restore lands for nature and public use. Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
d. Lame Duck Preview: Payment in Lieu of Taxes (PILOTs) After Election Day we are entering into the “lame duck” period, which is the end of the 219th legislative session and the end of the Governor’s four-year term. During this time legislation moves very quickly. In an effort to prepare for “lame duck” we would like to highlight issues that could be front and center during lame duck. One such issue is legislation that will require municipalities to share Payment in Lieu of Taxes (PILOTs) payments with school districts. For more please see our recent blog post. Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
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II. Federal Issues
a. US Senate Passes State, Local, Tribal and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act This week the Senate passed S. 3011 by unanimous consent, the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act. This bill would clarify that highway and public transportation projects are an eligible expenditure for State and Local Fiscal Recovery Funds (SLFRF) from the American Rescue Plan Act. The bill now heads to the House for consideration If passed and signed into law, municipalities and states would be able to spend the greater of either $10 million or up to 30% of their SLFRF allocation on qualifying infrastructure projects. The change does not allow for spending on transit operating expenses. In addition to offering local governments new flexibilities for their SLFRF funds, S.3011 represents an opportunity for local governments to use federal funds as a match to leverage the upcoming IIJA transportation programs. Any project currently eligible for funding under the following programs would now be eligible for financing with COVID relief dollars:
Nationally Significant Freight and Highway Projects National Highway Performance Program Bridge Investment Program Surface Transportation Block Grant Program Metropolitan Transportation Planning Highway Safety Improvement Program Congestion Mitigation and Air Quality Improvement Program Territorial and Puerto Rico Highway Program National Highway Freight Program Rural Surface Transportation Grant Program Carbon Reduction Program PROTECT Program Tribal Transportation Program Alternative Fueling Infrastructure Federal Lands Transportation Program Federal Lands Access Program RAISE Grant Program TIFIA Program ADHS Program Urbanized Area Formula Grants Fixed Guideway Capital Investment Grants Formula Grants for Rural Areas State of Good Repair Grants Grants for Buses and Bus Facilities National Culvert Removal, Replacement, and Restoration Program Community Development Block Grant Bridge Replacement, Rehabilitation, Preservation, Protection, and Construction Program
We encourage you to reach out to your House member and urge them to support this additional flexibility of the State and Local Fiscal Recovery Funds usage. Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
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III. COVID-19 Weekly Update Earlier this week the Governor Phil Murphy signed a new executive order requiring state contractors to be vaccinated or submit to testing (Executive Order 271); encourage residents to receive their booster shots; and marked utility assistance week. COVID Data for Friday, October 22, 2021:
Executive Order 271 Executive Order 271 requires that any agreement or contract enter into by the state or state agency must include a clause that the contractor or subcontractors must maintain a policy that requires all covered workers to either provide adequate proof to the covered contractor that they have been fully vaccinated or submit to a COVID-19 testing at a minimum one to two times a week. This requirement applies to any new contract, new solicitation for a contract, extension or renewal of an existing contract. Executive Order 271 took effect October 20, 2021.
Utility Assistance Week This week marks utility assistance week. As a reminder, the grace period for utility shutoffs related to non-payments due to a COVID-related hardship lasts until the end of this year, December 31. The state has added $215 million in federal funds to the relief program. Eligibility for two assistance programs, the Universal Service Fund and the Fresh Start programs have been expanded to allow many more households to qualify. For example, the cut off for the Universal Service Fund for a family of 4 is income at or below $106,000. You may be eligible for assistance even if you thought you were not. For a one-stop page to learn more about the assistance plans in place, please visit the Board of Public Utilities’ website. Then click on a link for assistance programs.
Vaccine Information Boosters are available for all Pfizer recipients who completed their initial two-shot course at least six months ago and who are ages 65 and over, individuals ages 18 and older who have underlying medical conditions which may make them more susceptible to the virus, or whose employment situation may also put them at higher risk, including first responders and healthcare workers, educators and daycare employees, correctional facility workers, those whose jobs are along our public transit system, food and agricultural workers including grocery store employees, manufacturing workers, and correction workers. As a reminder, the Department of Health is providing access to individuals COVID vaccination records through NJ Docket, a secure and free smartphone app, which is CDC approved. Homebound residents who have not yet connected with their local health department, or a home health agency, and who need an in-home vaccination should visit www.covid19.nj.gov/homeboundvax or contact the call center at 855-568-0545. To find a vaccine site visit, including booster information, https://covid19.nj.gov/pages/vaccine. For more information on boosters search the information hub. Contacts:
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IV. Also of Interest
a. 27th Annual Mayors’ Hall of Fame We need your help to identify some very special mayors for the Mayors Hall of Fame. Once again, the New Jersey State League of Municipalities Executive Board wants to pay tribute to you at the Annual League Conference in November if you are currently a mayor who has served a total of ten years as mayor. Mayors who rotate into office are eligible for this recognition. In a special ceremony at the Mayors’ Box Luncheon and Executive Briefing during the Annual Conference, we will make a special presentation to those mayors who meet the following criteria:
You must currently be serving as mayor. You must currently be serving in at least your 10th cumulative year as mayor for the silver level. You must currently be serving in at least your 20th cumulative year as mayor for the gold level. You must currently be serving in at least your 30th cumulative year as mayor for the white level. You must not be a current member of the League’s Mayors Hall of Fame (this does not apply to silver level mayors now eligible for the gold level; or gold who are eligible for white).
These recipients will then be inducted into the New Jersey League of Municipalities Mayors’ Hall of Fame and their picture will appear in the January 2022 issue of New Jersey Municipalities magazine. With your help we can identify and recognize all mayors currently serving in their tenth, twentieth or thirtieth year as mayor. Please use this nomination form if you, or any currently serving mayor you know of, fit the above criteria. A list of current members of the Mayors’ Hall of Fame may be reviewed at the League “Award Programs” page. Complete this form and mail it to the League office by Friday, November 5, 2021. For further details, contact the League’s Executive Director, Mike Cerra at either mcerra@njlm.org or 609-695-3481 x120. Thank you very much for your help in identifying these mayors for special recognition.
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