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December 17, 2021
I. State Issues
II. Federal Issues
III. COVID-19 Weekly Update
Municipal Clerks: Please forward to your Mayor, Governing Body, and Department Heads.
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I. State Issues
a. Fast-Tracked Legislation Seeks to Expand Allowable Unfunded Mandates
Legislation has been fast-tracked that would allow lawmakers in Trenton to adopt a broad category of laws, rules, and regulations as unfunded mandates on local governments. The League joins the New Jersey School Boards Association and New Jersey Association of Counties in strongly opposing A-6217/S-4248 and urges our members to reach out to their legislative representatives asking that these bills advance no further.
A-6217 and S-4248 were both approved by Assembly and Senate committees this week. Both bills are likely to be voted on in both houses as early as Monday, December 20, so please reach out to your representatives as soon as possible. For more information please see our Daily Update from earlier this week.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
b. Legislation to Address Implementation Challenges to Daniel’s Law
Last year Governor signed P.L. 2020, c. 125, which prohibits disclosure of active, formerly active, and retired judicial officers, prosecutors, and law enforcement officers’ home addresses, both primary and secondary. The well-intended law is fraught with implementation challenges. To address those challenges, legislation (A-6171/S-4219), which would create an Office of Information Privacy to streamline the process, has been introduced and is fast tracked. A-6171 is before the full Assembly on Monday and the senate companion is awaiting consideration by the Senate Judiciary Committee. Please see our recent blog post for more information on this legislation, which the League supports.
Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
c. National Opioid Settlement Deadline Fast Approaching
The January 2, 2022 deadline for municipal participation in the National Opioid Settlement is fast approaching.
For more information on the settlement, please see the website created by the settlement officers. You can also find more information on the Settlement Agreement and the participation process on the League’s Opioid Settlement Resource page, which also includes information from last week’s webinar with the State Attorney General’s Office and Governor’s Office.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
d. Winter Sewer and Water Termination Legislation Advances
The League opposes A-6115/S-4081, which seeks to prohibit certain sewer and water utility service discontinuances; would establish the Winter Sewer and Water Termination Program; and would require the BPU to include electric, gas, sewer, and water public utilities in the Winter Termination Program.
This legislation would continue the grace period provided for under Executive Order 246 for residential customers of electric, gas, sewer, and water utilities through March 15, 2022, as well as nullify any disconnection and require disconnections to be restored immediately. Further, the legislation would prohibit the placing or selling of liens on the unpaid balances until after March 15, 2022. In addition the legislation would require the utilities to establish a 12-month payment plan and cannot require payment of a down payment, deposit, reconnection cost, interest, or penalties.
The well-intended legislation will have significant unintended consequences. Municipal water and sewer utilities have financial obligations that must be met. If they cannot charge interest or sell liens to meet financial obligations, they could be forced to enact large rate increases. Such increases could create financial burdens on the remaining residential customers, who may not qualify for assistance program but can ill-afford a rate increase.
The legislation is before the full Assembly on Monday and is poised for second reading in the Senate.
Contact: Lori Buckelew, Assistant Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
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II. Federal Issues
a. U.S. Treasury Announce American Rescue Plan Reporting and Compliance Portal for Non-Entitlement Units of Government
This week, Treasury released the Treasury Portal that Non-Entitlement Units of government (NEUs) that have requested American Rescue Plan funding from their state will use for reporting and compliance. Your municipality should have received an email to use this portal and confirming its accounts, designating reporting roles, and submitting the required agreements and supporting documentation to Treasury. If your municipality did not receive the email, you can create credentials utilizing login.gov.
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), established by the American Rescue Plan Act of 2021, provides $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. More information on permissible uses, webinars, and compliance, is available on the League’s Federal Page and U.S. Treasury’s SLFRF page.
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
b. Lead Water Line Replacement Funding
This week, the Biden Administration announced the Lead Pipe and Paint Action Plan. Included in the plan is $15 billion in funding from the Bipartisan Infrastructure Law that was signed in November for lead pipe replacement through the Safe Water State Revolving Fund. $2.9 billion will go annually, over five years, to the states for inventory, planning, and lead pipe replacement. New Jersey is estimated to receive $168,9 million in the first year.
In a letter to the governors from EPA Administrator Michael Regan, he directs states to target these resources to disadvantaged communities, make rapid progress on Lead Free Water for All, and Tackle Forever Chemicals. The Bipartisan Infrastructure Law provides funding dedicated to addressing perfluoroalkyl and polyfluoroalkyl substances and other emerging contaminants and states can use these resources to provide relief to communities on the front lines of PFAS contamination.
While this is a fraction of the estimated amount to replace all lead drinking water pipes, it represents a significant investment and municipalities are free to utilize funds allocated from the State and Local Fiscal Recovery Funds in the American Rescue Plan Act.
At the League Conference this past November, Conference Resolution No. 2021-03 was adopted in support of additional direct funding for the replacement of lead service lines.
The Murphy Administration will outline how the State will disburse this funding.
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
c. Build Back Better Act Delayed
President Joe Biden acknowledged yesterday that the U.S. Senate would not pass the Build Back Better Act by the end of the year, which had been the announced timeline. There are still ongoing negotiations between Senators and the need to for the Senate Parliamentarian to ensure that it complies with Senate rules. Negotiations will continue after the holiday season.
Included in the social spending legislation is relief from the State and Local Taxes (SALT) deduction cap. The 2017 Tax Cuts and Jobs Act created a $10,000 cap on the amount of state and local taxes that could be deducted from federal tax returns. Previously the deductible amount was unlimited. For states like New Jersey that use SALT funds for education, public safety, transportation and other services, the cap punitively punishes taxpayers with double taxation.
This act passed the House in the fall, raising the cap to $80,000 annually through 2030. The Senate is likely to consider it in the near future and may change the amount.
Contact: Paul Penna, Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110. |
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III. COVID-19 Weekly Update
During the recent COVID-19 briefing Governor Murphy noted that the grace period for utility shutoffs from non-payments due to COVID-related issues is December 31 and for assistance plans visit www.nj.gov/bpu; that the vaccination rate among state employees is 70%; and strongly encouraged the wearing mask indoors and when social distancing is not possible and to get vaccinated.
COVID Data for Friday, December 17, 2021: - 6,260 new positive cases for a total of 1,150,769 confirmed cases
- 16 new confirmed deaths for a total of 25,840 confirmed deaths
- The rate of transmission is at 1.23
- 47 new outbreaks linked within the school setting. This brings the statewide total number of outbreaks directly related to in-school activity since mid-August 2020 to 294 outbreaks linked to 1,618 school outbreaks.
- 12,744,192 vaccine doses have been administered, including 7,101,323 who have received at least one dose, and 6,127,119 who are fully vaccinated. In addition, the following additional doses have been administered: 954,602 of Pfizer, 819,063 of Moderna, and 40,327 of J&J.
Vaccine Information
The NJ Department of Health and Vault Medical Service have partnered on a free at-home COVID-19 saliva testing program. This free PCR test will be shipped via UPS with next day delivery. Once received, individuals will connect via zoom with a Vault healthcare professional who will guide them through the test and answer any questions. When completed, the test can be sent back in a prepaid package via UPS next day shipping. Test results are received in 24 to 48 hours after the sample arrives at the lab. Free test kits can be requested at https://learn.vaulthealth.com/nj/.
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 http://covid19.nj.gov/homeboundvax or contact the call center at 855-568-0545.
To find a vaccine site visit, including booster information, www.covid19.nj.gov/vaccine.
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.
Mental Health Resources
As a reminder, the Department of Children and Families has put together a new page on their COVID information hub with a wealth of mental health support resources for youth, for parents, and for educators. This all can be found at the website, www.covid19.nj.gov/youthhelp.
Contact:
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