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January 14, 2022
I. State Issues
II. Federal Issues
III. COVID-19 Update
IV. Also of Interest
Municipal Clerks: Please forward to your Mayor, Governing Body and Department Heads.
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I. State Issues
a. Governor Takes Action at the End of Legislative Term
Earlier this week, before the end of the 219th Legislative Term, Governor Murphy took action on various pieces of legislation. Since we are at the end of the legislative term, the Governor will have 10 days to take action on the bills sent to him on January 10. All bills that have not been signed by the Governor during this period will need to be reintroduced in the new legislative term and begin the legislative process again. Please see our recent blog post for a summary of the bills that the Governor took action.
Contacts: - Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
- Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
- Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
b. Governor Delivers State of the State Address
On Tuesday, January 11, Governor Phil Murphy delivered his 2022 State of State address in a pre-recorded video. Illustrating the theme of the Governor’s address, “Resilient and Moving Forward,” he reviewed New Jersey’s response to COVID and noted the progress of New Jersey’s economic growth as well as his plans for moving New Jersey forward. For more information on the State of State Address, please see our January 12 daily update.
We are encouraged by the Governor’s comments regarding property taxes and his call for openness to cooperation and negotiation as we work through COVID as a state. We look forward to working with the Governor and legislature on common-sense reforms.
Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
c. New Legislature Term Begins
At 12 noon on Tuesday, January 11 the 220th Legislative Term began with the swearing-in of the legislators and selection of the legislative leaders for the new term. Due to retirements and election results, three of the four legislative leaders are new for the 220th Legislative Term. Assemblyman Craig Coughlin remains the Assembly Speaker, while Senator Nicholas Scutari is the new Senate President. The Republican Leaders in both houses have changed with Assemblyman John DiMaio as the new Assembly Republican Leader and Senator Steven Oroho as the new Senate Republic Leader. During the reorganization, the reoccurring theme was making New Jersey more affordable.
Given the changes in the Legislature the membership, some of the chairs and members of the various Senate and Assembly committees have changed. Of particular interest to local governments, Senator Paul Sarlo remains Senate Budget Chair with Senator Declan O’Scanlon moving up as the Republican Budget Officer. The new members to the Senate Budget Committee are Senators Gordon Johnson and Andrew Zwicker. Senate Community and Urban Affairs will continue to be chaired by Senator Troy Singleton with Senator Holly Schepisi replacing Senator O’Scanlon. Senate State Government will continue to be chaired by Senator James Beach with Senator Vin Gopal joining the committee has Vice Chair. Senate Environment & Energy Committee will continue to be chaired by Senator Bob Smith with Senators Edward Durr and Jean Stanfield joining the committee. In the Assembly, Assemblywoman Lisa Swain is Chair of the Assembly Appropriations Committee, Assemblywoman Yvonne Lopez is Chair of the Assembly Housing Commitee, and Assemblyman Anthony Verrelli will Chair the Assembly State & Local Government Committee. We are still waiting on the committee membership assignments in the Assembly.
Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
d. Governor Signs Legislation Creating Office of Information Privacy
On January 12, Governor Phil Murphy signed into law A-6171/S-4219, creating an Office of Information Privacy to streamline the process of implementing Daniel’s Law. The Director of the Office of Information Privacy will have until June 9, 2022 to establish a secure portal through which active, formerly active, and retired judicial officers, prosecutors, and law enforcement officers can submit, and subsequently revoke, a request for the redaction or nondisclosure of their home addresses from various public records and internet postings. P.L. 2021, c. 371, took effect on January 12 and is retroactive to December 2021.
Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
e. FY 2022 Leap Grant Deadline Extended
The FY 2022 Local Efficiency Achievement Program (LEAP) Challenge and Implementation grant deadlines have been extended past the original date of January 15, 2022, due to the rise in COVID-19 cases though out the state. FY 2022 LEAP Challenge grant applications are due January 21, 2022 and FY 2022 LEAP Implementation Grants applications should be submitted no later than March 31, 2022. LEAP grants provides direct support to advance the efforts of Shared Services in all local governments. LEAP provides counties, municipalities, school districts, commissions, authorities and fire districts assistance for the study or implementation of promising shared services projects undertaken pursuant to the Uniform Shared Service and Consolidation Act. The program is available to all New Jersey local government units.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116. 3481, x116. |
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II. Federal Issues
a. U.S. Treasury Provides Additional State and Local Fiscal Recovery Funds Guidance
This week, the U.S. Treasury hosted a webinar that provided additional guidance for the American Rescue Plan Coronavirus State and Local Fiscal Recovery Funds program (SLFRF). The major news is that municipalities can take up to a $10 million revenue loss standard allowance in place of utilizing the formula. Treasury representatives also clarified that government services generally include any services provided by a government unless Treasury has stated otherwise.
Further details can be found in the federal section of last week’s League roundup.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
b. Federal and State Officials Announce Wind Energy Auction Offshore New Jersey and New York
On Wednesday, Governor Murphy and other officials joined U.S. Secretary of the Interior Deb Haaland to announce that the Bureau of Ocean Energy Management (BOEM) will hold a wind auction next month for more than 480,000 acres offshore New York and New Jersey, in the area known as the New York Bight. This will be the first offshore wind lease sale under the President Biden’s administration.
The February 23 auction will allow offshore wind developers to bid on six lease areas as described in BOEM’s Final Sale Notice. Leases offered in this sale could result in 5.6 to 7 gigawatts of offshore wind energy, enough to power nearly 2 million homes. As offshore wind technology continues to advance, these areas may have the potential to produce even more clean energy.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
c. Comments Sought on Waters of the U.S. Proposal
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers are seeking comments by February 7 on a proposed rule defining which waterbodies are federally protected as "Waters of the U.S." under the Clean Water Act. The agencies propose to put back into place the pre-2015 definition, updated to reflect consideration of U.S. Supreme Court decisions.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
d. Federal Highway Administration Announces Bridge Funding Apportionment
The Federal Highway Administration (FHWA) announced new funding apportionments for the bridge programs in each state with funding allocated from the Bipartisan Infrastructure Law. New Jersey, which has 502 bridges classified as in poor condition, will receive $229.4 million in Fiscal Year 2022 and $1.1 billion total over the five years of the program. Nationally, the program dedicates $26.5 billion to states over the five years of the law and $825 million for tribal transportation facilities. The FHWA will also publish guidance on the new program that will make it easier to fix city- and county-owned bridges, not just those on federal aid highways.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110. |
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III. COVID-19 Update
During this week's COVID-19 briefing, the recently signed Executive Orders reinstating the state’s Public Health Emergency and allowing certain prior executive orders to remain in effect and the Omicron variant and the numbers of residents infected and hospitalized was discussed. State Police Colonel Patrick Callahan noted that the All-Hazards Incident Management Team is assisting with the Rapid Mobile Response Team. In addition, the National Guard is assisting the State. 150 members are in approximately 13 long-term care facilities, and 160 members are assigned to support the State’s vaccine mega sites in Burlington and Somerset and are in the process of building one out in Passaic and Bergen.
COVID Data for Friday, January 14, 2022:
- 20,624 new positive cases for a total of 1,694,553 confirmed cases
- 106 new confirmed deaths for a total of 27,090 confirmed deaths
- The rate of transmission is at 1.21
- 4 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 388 outbreaks linked to 2,255 school outbreaks.
- 13,213,818 vaccine doses have been administered, including 7,421,953 who have received at least one dose, and 6,287,549 who are fully vaccinated. In addition, the following additional doses have been administered: 1,332,982 of Pfizer, 1,119,596 of Moderna, and 52,629 of J&J.
Extension of Governor’s Emergency Powers
On Tuesday, Governor Murphy issued two Executive Orders related to the COVID-19 pandemic: Executive Order No. 280, reinstating the state’s Public Health Emergency, and Executive Order No. 281 allowing certain prior executive orders to remain in effect. These prior executive orders include those mandating the use of masks in schools and at health care facilities; providing certain protections to first responders; and instituting vaccination or test requirements for workers in healthcare settings, high-risk congregate settings, school personnel, state workers, child care personnel and state contracted employees. Executive Order No. 281 also extends various regulatory actions taken by administrative departments in response to COVID-19, including actions regarding access to remote public meetings and COVID-related sick time for civil service employees. A full listing of the department actions can be found in the EO 281 Appendix. These executive orders did not impose any new mandates, lockdowns, gathering limits, or other restrictions.
The declaration of the Public Health Emergency provides the Governor and the State with broad authority to respond to the pandemic and the unique challenges more recently brought about by the COVID-19 Delta and Omicron variants.
SCOTUS Blocks OSHA Vaccine Mandate for Large Employers
Yesterday, in a 6-3 vote, the Supreme Court of the United States ruled to block the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on vaccine mandates for employers with 100 or more employees. The majority argument in the ruling was that the administration did not have congressional authorization to impose the requirements. This means that the ETS will not go forward with implementation in the coming weeks. Because New Jersey is a state plan state, this ruling means that the state and local governments will not have to comply with the ETS. This also means large employers in all states will not have to comply.
It is important to note that this ruling does not overturn any state or local vaccine requirements, or any requirements from individual employers. This ruling only impacts the requirements of the OSHA ETS.
NJ Department of Health Recommended Isolation & Quarantine Timeframes
Earlier this week the New Jersey Department of Health updated its Recommended COVID-19 Isolation and Quarantine Time Frames for Non-Healthcare Settings. The updated recommendations are as follows:
People who test positive for COVID and are symptomatic or persons with COVID symptoms who have not tested or awaiting test results: stay home and isolate from other people for at least 5 full days (day 0 is the first day of symptoms). If symptoms resolve (fever-free for 24 hours and other symptoms improve), isolation can end after 5 full days (i.e., on day 6). If symptoms persist (fever or if other symptoms have not improved), continue to isolate until fever-free for 24 hours and other symptoms have improved.
People who test positive for COVID but have no symptoms: Stay at home and isolate from other people for at least 5 full days (day 0 is the day of the positive viral test). If no symptoms develop, isolation can end after 5 full days (i.e., on day 6). If symptoms develop within one week of the positive test, the 5-day isolation period starts over with day 0 being the first day of symptoms. Follow recommendations for ending isolation for people who have COVID-19 symptoms.
Children under the age of 2, people unable to wear a mask, and people who have moderate COVID illness should quarantine for 10 days.
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 www.covid19.nj.gov/homeboundvax or contact the call center at 855-568-0545.
To find a vaccine site visit, including booster information, visit 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 that website, www.covid19.nj.gov/youthhelp.
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IV. Also of Interest
a. Inauguration of Governor Murphy and Lieutenant Governor Oliver
Governor Murphy and Lieutenant Governor Oliver will be sworn in for their second terms at the Patriots Theater at the Trenton War Memorial on January 18, 2022. Chief Justice Stuart Rabner of the New Jersey Supreme Court will administer the oaths of office. The Inauguration can be viewed via Governor Murphy’s channel on YouTube.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
b. Deadline Extended for Local Government to Participate in National Opioid Settlement
The deadline for local governments to sign on to participate in the National Opioid Settlement has been extended until January 26, 2022. Previously local governments across the country had until January 2, 2022 to sign on to participate in the settlement.
As you are likely aware, a national settlement agreement has been reached between national pharmaceutical distributors and states and local governments regarding the distributors’ role in the nationwide opioid abuse crisis. The settlement provides substantial funds to states and local governments for abatement of the opioid epidemic and will impose transformative changes in the way the settling distributors conduct their business.
The total amount of settlement funds allocated to each state is dependent upon the number of counties and municipalities that agree to participation. Greater participation from local governments triggers additional settlement funding distribution to the state. You do not need to have filed a lawsuit to be part of the settlement, or to participate. However, you do need to complete an electronic settlement registration and return the executed participation agreements before the extended January 26, 2022 deadline.
For more information on the settlement and the extension, 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 month’s webinar with the State Attorney General’s Office and Governor’s Office. Please note that while all municipalities may sign on to participate in the settlement those with a population of 10,000 or greater are able to use the online registration process while small municipalities must use a different process. Both processes are outline on the League’s website.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
c. Mayors Climate Change Work Group – Stormwater
The third virtual Climate Change Lunch and Listen Session with NJ Department of Environmental Protection (DEP) will take place Tuesday, January 25 from 12:00 p.m. to 1:00 p.m. The topic will be stormwater management. The conversation will include a broad overview of DEP’s stormwater program and a tutorial of DEP’s Stormwater Infrastructure Toolkit and Stormwater Maintenance resources. The toolkit aims to help reduce the strain on stormwater systems by providing a set of voluntary best practices for stormwater infrastructure operations and maintenance (O&M)/asset management, and stormwater maintenance jobs training that can improve stormwater management. This brief presentation will be followed by a 30-minute Q&A session open to all attendees. Register for this free briefing today. Once registered, you will receive a link to the webinar the morning of January 25.
d. 2021 New Jersey Healthy Town Application
The New Jersey Healthy Care Quality Institute’s Mayors Wellness Campaign 2021 Healthy Town Application deadline has been extended until Friday January 28th at 5pm.
Calling all NJ Mayors Wellness Campaign Towns committed to improving the health and wellness of their communities - the 2021 New Jersey Healthy Town Application is open now and due by 5pm January 28th, 2022.
The Healthy Town designation recognizes communities in which mayors have made healthy lifestyles a top priority and are actively engaging all members of their community through inclusive, evidenced-based health and wellness programming, policies, and a culture of health. For more information about the designations, check out the 2021 Healthy Town Flyer. If you have any questions do not hesitate to reach out.
Contact: Julie DeSimone, LSW, Program Officer, Mayors Wellness Campaign, New Jersey Health Care Quality Institute, jdesimone@njhcqi.org
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