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March 11, 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 Murphy Delivers New Jersey 2023 State Budget Address
Earlier this week, Governor Murphy delivered his Fiscal Year 2023 Budget Address. with the theme “The Opportunity State: Stronger, Fairer, More Affordable.” The $48.93 billion budget is a 5.3% increase over the FY 2022 State budget and does not propose any new taxes or fees.
The budget proposal focuses on affordability, protecting health and safety, creating economic opportunity, and planning for the future. Please visit our recent blog post for a deep dive into the proposed FY2023 budget.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
b. S-330 – Energy Tax Receipts Tax Relief Fund Restoration
We appreciate that Governor Murphy prioritized affordability and property tax relief in his recent budget address. While there is an estimated $4 billion surplus, the Energy Tax Receipts Property Tax Municipal Distribution Program (ETR) and the Consolidated Municipal Property Tax Relief Aid (CMPTRA) programs have essentially remained flat at Fiscal Year 2010 funding levels. This is municipal funding which has been used for state budget purposes year after year. Now is the right time to restore this funding to municipalities and requires an immediate legislative solution.
S-330, would over the course of two years, restore distribution to municipalities from ETR and require increased funding be subtracted from the municipal property tax levy. This bill has unanimously passed the Senate and now awaits consideration by the Assembly.
If you have not done so already, please consider adopting the sample resolution calling for the swift passage and signing of S-330. To see the effect flat ETR distribution has had on your municipality you can use the 2021 ETR Impact Calculation individual sheet. Simply insert the annual amount of ETR funding your municipality received, and the sheet will update to reflect the shortfall over time. We suggest you share this information with your residents, Assembly and Senate representatives, and Governor.
The time has come to restore to local budgets the millions in property tax relief that have been annually diverted to meet State needs.
Contacts: c. New Law Prohibits Dealings with Businesses Associated with Russia and Belarus
On Wednesday Governor Murphy signed into law S-1889, which prohibits government dealings with businesses associated with Belarus and Russia. P.L. 2022, c. 3 took effect immediately on March 9, 2022 and will expire upon the revocation of the federal sanctions contained in President Biden’s Executive Order 14024. We suggest you review our recent blog post and new law with your administrator, municipal attorney, chief financial officer, and purchasing agent to determine the impact on your municipality.
Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.
d. CRC Hosting Final Regional Hearing on Use of Tax Revenue for Social Equity
The Cannabis Regulatory Commission (CRC) will host the third and final virtual regional hearing on the use of tax revenue for social equity purposes on Wednesday, March 16, from 7-9 p.m. This final meeting is for those in southern New Jersey. Hearings for the northern and central New Jersey were held on March 7 and March 9, respectively. Recordings of these hearings can be viewed on the CRC website.
The regional hearings are required as part of the Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMM Act), but will be virtual due to COVID. The CREAMM Act imposes certain taxes on the sale of cannabis within the state, and authorizes the CRC to impose a Social Equity Excise Fee on the sale of cannabis. The fees and a portion of the taxes collected are to be deposited in special fund to be used for social equity purposes, with a particular focus on impact zones. The CRC is required to host at least three regional hearings to solicit public input on the social equity investments to be made with these funds.
Fill out a registration form to speak at the Regional Hearings on Using Tax Revenue for Social Equity or submit a comment in writing via the online form. The deadline to register to speak is 5 p.m. March 15. The deadline to submit a written comment is Friday, March 18.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
e. NJ Supreme Court Issues OPRA Ruling Concerning Certain Employee Settlement Agreements
This week, the Supreme Court of New Jersey, issued an opinion in Libertarians for Transparent Government v. Cumberland County. This matter examined the disclosure under the Open Public Records Act (OPRA) of a settlement agreement between a public body and its employee, resolving an internal disciplinary action against that employee.
In its ruling the Court determined that while separation agreements are generally personnel records exempt from disclosure under OPRA, when the agreement contains information regarding the reason for separation, the agreement, if requested under OPRA, should be provided but after appropriate redactions to other portions of the document.
This decision should be reviewed with your records custodian and municipal attorney for further information on how it could impact OPRA requests made to your municipality. For more detail on this decision, please see the League’s recent blog post.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
f. Murphy Administration Releases Municipal Best Practices Guidebook for Electric Vehicles
The Murphy Administration has released a guidebook aimed at giving municipalities a blueprint to become electric vehicle (EV) ready. The Department of Community Affairs, Department of Environmental Protection, and the Board of Public Utilities authored the “Charge Up Your Town – Best Management Practices to Ensure Your Town is EV Ready.”
The best management practices guide is intended to help municipal staff and their communities understand the context for the statewide EV ordinance, and the considerations relevant to municipalities as they take steps to support the state goals of increasing access to electric vehicle charging infrastructure.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
g. DCA Issues Local Finance Notice on Utility Relief Measures
This week, the Department of Community Affairs (DCA) issued Local Finance Notice 2022-09, which clarifies various relief measures for residential customers of local government water, sewer, and electric service as outlined in P.L 2021, c. 317. LFN 2022-09 states that the shut off moratorium for local government water, sewer, and electric service extends until March 15, 2022. The moratorium does not apply to a shut off needed to prevent or reduce the risk to public health or safety. P.L 2021 c. 317 also requires a municipality, local authority, or other local unit such as a joint meeting or water district, to offer written notice explaining the opportunity for a residential ratepayer to establish an installment plan to satisfy the unpaid balance.
The League recommends reviewing LFN 2022-09 with your administrator for the impact on your municipality.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116. |
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II. Federal Issues
a. DLGS Issues American Rescue Plan Local Finance Notice
Last week, the Division of Local Government Services (DLGS) issued Local Finance Notice 2022-07 regarding the American Rescue Plan Act (ARPA) Final Rule & Submitting U.S. Treasury Reports to DLGS and Local Finance Notice 2022-08 outlining instructions for submitting U.S. Treasury Reports to Department of Community Affairs.
As a reminder, April 1, the Final Rule is effective for all provisions, including eligible uses of ARPA funds awarded to counties and municipalities under the State and Local Fiscal Recovery Funds (SLFRF).
For more information please read the League’s recent blog post or view our recent Lunch and Learn ARPA SLFRF webinar.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
b. Federal Budget Update
The continuing resolution to fund the federal government expires today. On Thursday, the House of Representatives passed a $1.5 trillion omnibus funding bill through September 30 and the Senate concurred later in the day. President Joe Biden is expected to sign the measure.
The spending bill includes member-directed spending. If you submitted a project to your Member of Congress, please reach out to them to see if your project was included.
The omnibus excluded President Biden’s request for $22 billion in further COVID-19 aid because the identified funding source for the additional COVID-19 aid was the second tranche of state recovery funds. There was objection from members from those states with the state recovery fund identified to fund the $22 billion. As a result, the House passed a $15 million standalone COVID-19 funding bill for testing, therapeutics, and to combat new variants but did not identify a funding source. It faces an uncertain fate in the Senate and was not acted on yesterday.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
c. League Releases Condensed Bipartisan Infrastructure Law Guidebook
A few weeks ago, the Biden Administration released the Bipartisan Infrastructure Law (BIL) Guidebook. League staff reviewed the 465-page document and produced a condensed version, along with a separate spreadsheet that focuses on programs where funding is available to municipalities.
For more information, please read the League’s recent blog post.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
d. NTIA Host Pre-Funding Webinar Series
The National Telecommunications and Information Agency (NTIA) will host a pre-Notice of Funding Opportunity (NOFO) technical assistance webinar series from March to May 2022 in connection with the five new broadband grant programs authorized and funded by the Infrastructure Investment and Jobs Act (IIJA). For more information, dates of the webinars, and how to register, please read the League’s Daily Update from earlier this week.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
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III. COVID-19 Update
Since our last COVID update, the Governor issued Executive Order 292 terminating the public health emergency effective March 7. However, the state of emergency declared in Executive Order 103 (2020) and continued in Executive Order 280 (2022) remains in effect to ensure that the State continues to have necessary resources as COVID-19 is managed on an endemic level.
COVID-19 Data: Data on COVID cases, hospitalizations, the rate of transmission and other data will continue to be posted on the State’s COVID Information Hub.
COVID-19 Resources
Housing Assistance & Counseling: Foreclosure Prevention & Emergency Rescue Mortgage Assistance Program (from the New Jersey Housing and Mortgage Finance Agency) and Free housing counseling: www.njerma.com; 855-647-7700.
NJ PCR Tests: For NJ Department of Health and Vault Medical Service free PCR test requests, https://learn.vaulthealth.com/nj/.
Federal Rapid Tests: Request up to four free tests per home, www.COVIDTests.gov.
Vaccinations for the Homebound: For in-home vaccination information, visit www.covid19.nj.gov/homeboundvax; 855-568-0545.
Vaccination Records: NJ Department of Health COVID vaccination records: NJ Docket, a secure and free smartphone app..
Mental Health Resources: Department of Children and Families mental health support resources page for youth, for parents, and for educators, www.covid19.nj.gov/youthhelp
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IV. Also of Interesta. Mayors Climate Change Work Group – Vehicle Electrification
The fourth virtual Climate Change Lunch and Listen Session with NJ Department of Environmental Protection (DEP) will take place Tuesday, March 15 from 12:00 p.m. to 1:00 p.m. The topic will be vehicle electrification and funding opportunities. 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 registered, you will receive a link to the webinar the morning of March 15.
b. Free Stormwater and Green Infrastructure Webinar
Sustainable Jersey along with New Jersey Future and Jersey Water Works, are hosting a free webinar that will provide information on stormwater and green infrastructure resources for municipalities. The webinar, titled, “A World of Difference: Green Infrastructure Resources For Your Town” will be held on World Water Day, Tuesday, March 22, from 5:30 p.m. 7:00 p.m.
Prior registration is required and can be completed online.
c. Louis Bay 2nd Future Municipal Leadership Scholarship Competition – Due April 1st
The deadline to submit your Louis Bay 2nd Future Municipal Leaders Scholarship Competition winning entry is quickly approaching!
Please take some time to review your promotional kit and the suggested deadlines.
We look forward to hearing from your municipality and raising interest in future municipal leaders.
Contact: Ciara Bradley, Legislative Administrator, cbradley@njlm.org, 609-695-3481, x128.
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