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January 21, 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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Deadline Nears for Participation in National Opioid Settlement The January 26, 2022, extended deadline for local governments to sign on to participate in the National Opioid Settlement is fast approaching, and the League is strongly urging members to review the settlement and consider participating.
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, and many local governments may be eligible for direct distribution. 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.
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.
I. State Issues
a. Governor Takes Action on Bills at End of Legislative Term On January 18, 2022 Governor Murphy took action on the bills sent to him at the end of the 219th Legislative Term. The Governor signed 123 bills and vetoed 16. We have prepared various blog posts providing a summary of bills that have a municipal impact. We suggest you review the blog posts with your municipal officials to determine the impact the new laws will have on your municipality.
Contacts: - Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
- Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
- Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
- Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
b. Governor Signs Amended Responsible Collective Negotiations Act Earlier this week, Governor Murphy signed S-3810/A-5862, the Responsible Collective Negotiations Act. P.L. 2021, c. 411, expands the scope of negotiations for the State as an employer, but not for municipalities, counties, and certain others. Although we remain concerned about the precedent the measure may establish and potential litigation as the new law creates two separate standards for negotiations, the law as ultimately adopted explicitly removes municipalities and counties and further eliminated conflicting language that would have established a new test for determining what would constitute a negotiable item. Thank you for your outreach to your legislators; your voices were heard. And a special thanks to New Jersey Association of Counties Executive Director John Donnadio for his assistance and partnership throughout the legislative process.
Contacts: c. Governor Murphy Begins Second Term
Tuesday at the Inaugural Ceremony at the Trenton War Memorial, surrounded by family, former governors, legislative leadership, members of the congressional delegation, NJ State Supreme Court Chief Justice Stuart Rabner, and other dignitaries, Governor Phil Murphy took the oath of office to serve a four-year term as Governor and Lt. Governor Sheila Oliver took the oath of office for another term as the state’s Lieutenant Governor. In his inaugural address, Governor Murphy highlighted his administration’s first-term accomplishments and outlined goals for the second term, including being a state that is more affordable, especially when it comes to three of the biggest expenses facing residents: health care, higher education, and property taxes.
He also cited a desire to continue to grow the state’s innovation economy that will make “New Jersey a model for the nation and the world” by advancing:
Businesses in the clean energy industry that will literally fuel this revolution while fighting climate change, most notably offshore wind. Businesses in the life sciences and medicine that will find treatments and cures for diseases and conditions. Businesses related to television and film production. Businesses on the cutting edge of new technologies. Businesses in the new cannabis industry. Businesses in online gaming and sports betting.
Businesses in online gaming and sports betting.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
d. Division Issues Guidance on Levy Cap Referendums
The Division of Local Government Services has issued Local Finance Notice 2022-01, providing specific instruction and direction to municipalities considering holding a public referendum on exceeding the 2% Levy Cap or the 2.5% Appropriation Cap. It is important to note that there are various deadlines for municipalities considering a levy cap referendum. The first deadline is the publication of a display advertisement announcing that a referendum may be held, which is February 22 for April levy elections and March 15 for May levy elections. If your municipality is considering a public referendum, we suggest that you review this Local Finance Notice with your professional staff. For more information on the specific actions of the process, review our blog posting in the Town Crier. Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
e. Division Issues Guidance on LOSAP Annual CPI Adjustment The Division of Local Government Services has issued Local Finance Notice 2022-02, providing general information regarding the Length of Service Awards Program (LOSAP) along with the annual cost of living adjustment to the maximum award amounts. The increase in the CY 2021, for use in CY 2022, is 5.6% for municipal programs and 0.96% for fire districts. If your municipality has a LOSAP, please review the Local Finance Notice with your chief financial officer.
Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
f. Governor Issues Executive Order Updating State Emergency Response Commission On Jan. 20, Governor Murphy issued Executive Order No. 284, updating the State Emergency Response Commission (SERC), which is charged with facilitating local response plans for chemical release emergencies.
Executive Order No. 284 updates the SERC through the following means:
Updating the SERC to include the New Jersey Office of Homeland Security and Preparedness and to allow the Governor to appoint additional members as needed. Empowering the SERC to revise how it designates emergency planning districts, and allowing the SERC to designate districts across municipal and county lines. Ensuring that for each local emergency planning committee, key constituencies are represented, such as elected county and municipal officials, law enforcement, first responders, the media, community groups, and operators of facilities subject to the Act. Requiring local emergency planning committees to create and make public available emergency response plans, with exceptions for sensitive security information.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
g. New Jersey State Library State Per Capita Aid Now Available The application for State Library Per Capita aid is now available. The program is authorized pursuant to N.J.S.A. 18A:74-3 et seq. This program establishes a partnership between local libraries and the State of New Jersey for the provision of quality library service through direct state financial support for public libraries. The deadline to apply for this aid is March 15, 2022, so please be sure to review the application and the New Jersey State Library Aid Website for more information.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
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II. Federal Issues
a. White House Touts Bipartisan Infrastructure Law Implementation This week, the League’s federal partner, the National League of Cities (NLC), hosted White House Senior Advisor and former New Orleans Mayor Mitch Landrieu who is leading the President’s Infrastructure Taskforce for the first NLC “Ready to Rebuild” discussion. With the Bipartisan Infrastructure Law (BIL) programs beginning to roll out from Washington, all cities, towns, and villages will begin to notice the effects of the infrastructure law. Landrieu noted that efforts have been made in the first 60 days since the law’s signing and stated there would an electronic guidebook in the next month that will show available competitive formula opportunities. He noted there is a new White House web portal to share how your community is benefitting from the BIL. NLC will be doing more webinars in the near future and has invited municipalities to ask questions about the Bipartisan Infrastructure Law. Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
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III. COVID-19 Update Since Monday was a state holiday Governor Murphy did not hold his weekly COVID-19 briefing, but he did signed Executive Order 283 requiring covered workers at health care facilities and high-risk congregate settings to be up to date with their COVID-19 vaccinations, including having received a booster dose with no testing as an alternative to the vaccine. The Governor also visited the second federal COVID testing site in Galloway, which can provide up to 1,000 COVID-19 tests per day. On January 19, the federal government made available free rapid COVID-19 tests to be shipped within 7-12 days of ordering. Test can be ordered at www.COVIDTests.gov. Every home is eligible to order 4 free at-home COVID-19 tests. COVID Data for Friday, January 21, 2022:
- 10,707 new positive cases for a total of 1,769,896 confirmed cases
- 144 new confirmed deaths for a total of 27,735 confirmed deaths
- The rate of transmission is at 0.78
- 18 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 406 outbreaks linked to 2,255 school outbreaks.
- 13,326,769 vaccine doses have been administered, including 7,495,056 who have received at least one dose, and 6,330,410 who are fully vaccinated. In addition, the following additional doses have been administered: 1,414,101 of Pfizer, 1,180,093 of Moderna, and 55,923 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 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 www.covid19.nj.gov/youthhelp.
Contacts:
IV. Also of Interest
a. NJ Transit Hosting “Transit Friendly Planning” Launch Event Friday, February 4 at 11:00 a.m., NJ Transit is hosting a virtual presentation regarding the launch of its “Transit Friendly Planning: A Guide for New Jersey Communities.” This new guide is designed to provide recommendations to community members, elected and appointed officials, municipal staff, and others interested in improving the relationship between land use planning, circulation, and access to transit. The first half of the virtual event will be an overview of the guide and a Q&A session. In the second half, attendees will have the opportunity to chat with NJ Transit staff and State agency representatives in virtual break out rooms about current or future transit-friendly planning projects in their communities.
Representatives from NJ Transit Real Estate, NJ Department of Transportation, NJ Department of Community Affairs, and more will be included in the virtual presentation. Those interested must register for the free the virtual event. Please reach out to Transit Friendly Planning at transitfriendly@njtransit.com if you have any additional questions prior to the event.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
b. 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 you are register you will receive a link to the webinar the morning of January 25.
Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
c. DEP Hosting Water Infrastructure Planning Session Time Sensitive On, Monday, January 24 from 9 a.m. to 11 a.m., the New Jersey Department of Environmental Protection (DEP) will be hosting an engagement session for elected officials regarding the Water Infrastructure Investment Plan (WIIP). This session will provide local elected officials the opportunity to share their water infrastructure needs and challenges and shape WIIP criteria, including project priority rankings, affordability criteria, funding packages, and project types that qualify for principal forgiveness. The session will also include discussions on the allocation of principal forgiveness and funding packages to address lead, PFAS, climate change, and sea-level rise.
The WIIP is fueled chiefly by federal funds made available under the Bipartisan Infrastructure law, which is set to provide New Jersey with $169 million this year for drinking water, stormwater, and wastewater infrastructure improvement projects, with additional funding of almost $1 billion available over the next five years.
The League is strongly encouraging local officials to attend this virtual engagement session in order to share your local priorities with the DEP. You must register to attend the free event. For more information on the WIIP, please see the DEP’s webpage.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
d. Earned Income Tax Credit Awareness Day January 28 marks the 16th annual Earned Income Tax Credit (EITC) Awareness Day, which is an effort by the IRS to encourage local governments, community organizations, and other stakeholders to bring attention to the EITC, and opportunities for free tax filing services through the IRS’s Volunteer Income Tax Assistance program.
The League recommends reviewing the EITC Awareness Day Tool Kit put together by our partners at the National League of Cities, as well as the Partner Toolkit put together by the IRS, where you can find more information such as sample emails, draft social media posts, a sample newsletter blurb, and tables featuring data on statistics for tax returns with EITC by state.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
e. Campaign Contribution Notice In accordance with N.J.S.A. 19:34-42.1, the Secretary of State has sent written notification to each municipal clerk, county clerk, and state employee the annual notice regarding the demand of contributions by officer holders from other office holders. The notice states that “No holder of a public office or position shall demand payment or contribution from another holder of a public office or position for the campaign purposes of any candidate or for the use of any political party.” The Secretary of State is required to send this notice during the week of the third Monday in January. f. Free Employee Training Available The New Jersey Business and Industry Association’s (NJBIA) Workplace Literacy and Basic Skills Training Program has free training available in language, literacy, and business skills offered at either your local community college or at your municipal facility. Interested municipalities can review the specific types of training and reach out to the contact at their local community college.
This is offered through a partnership of the New Jersey Business & Industry Association, the New Jersey Community College Consortium for Workforce and Economic Development, and the New Jersey Department of Labor and Workforce Development. The partners have come together to ensure New Jersey businesses and governments have a well-trained and highly skilled workforce for future economic growth and prosperity. Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609 695-3481, x110.
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