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View a Featured Ad at the End of this Email.
March 18, 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. Proposed Rule Change Would Eliminate Tool Available to Municipalities to Control Flooding
Yesterday, the Site Improvement Advisory Board (SIAB) considered advancing a proposal to amend the Residential Site Improvement Standards (RSIS). However, the SIAB tabled the proposal for further review by their Stormwater subcommittee. The proposed rule change would set the New Jersey Department of Environmental Protection’s (DEP) stormwater standards as the maximum requirements for residential development. Any municipality wishing to exceed this maximum requirement would be required to go through the variation process in the RSIS. The intent of the rule change is to align DEP and RSIS rules and to promote uniform, consistent, and predictable rules statewide.
We believe that this rule proposal would effectively eliminate the ability of municipalities to set more stringent stormwater control standards for their unique circumstances as well as hinder municipalities’ ability to meet state and federal standards, such as the National Flood Insurance Program. New Jersey is a geographically diverse state with municipalities at sea level to 1,803 feet above sea level. A one-size fits all approach does not work.
The League along with a number of other stakeholders including the Association of New Jersey Environmental Commissions (ANJEC) oppose this proposal. We urge our members to consider adopting a resolution opposing these rule changes and supporting local flexibility to adopt regulations addressing flooding.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
b. DCA Issues Local Finance Notice on State Aid Certification
On Tuesday March 15, the Department of Community Affairs (DCA) issued Local Finance Notice 2022-10 (LFN 2022-10), outlining the 2023 State Aid Certification process. The Calendar Year (CY) 2022)/State Fiscal Year (SFY) 2023 Aid Certification for each municipality is posted on DCA’s website. Local officials are reminded that they must obtain their certifications from the website; they are not mailed. The certifications will document the aid allocations for each municipality and are used in preparing the revenue section of CY 2022 budgets.
It is important to remember that the proposed budget serves as a guide to SFY municipalities, final SFY certifications will be posted once the state budget is adopted accounting for any changes in the municipal aid numbers due to the legislative process and revised revenue estimates.
DCA will consider budgets introduced on the first regularly scheduled council meeting after March 31, 2022, timely introduced. However, applicants for Transitional Aid must introduce their budgets by the Transitional Aid application deadline of April 1, 2022 as outlined in LFN 2022-03.
The League recommends reviewing LFN 2022-10 with your administrator and chief financial officer.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
c. NJ Supreme Court Issues Ruling in Case Involving Disclosure of Police Internal Affairs Reports
Earlier this week, the Supreme Court of New Jersey issued its decision in Rivera v. Union County Prosecutor’s Office. This case dealt with a request made under the Open Public Records Act and the common law for a police internal affairs report of a civilian police director investigated for racist and sexist behavior.
The Court stated unequivocally that police internal affairs reports are not subject to OPRA, but that given the appropriate circumstances, including those in the matter at hand, internal affairs reports may be subject to disclosure under the common law. The Court then outlined a number of factors to be considered when courts perform a balancing test to weigh whether or not police internal affairs reports should be made public.
For more information on this court decision, please see the League’s recent blog post. The League encourages you to review this decision with your chief of police, police director, along with your records custodian and municipal attorney for additional guidance.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
d. Cybersecurity Update
With the uncertainty in the world because of the conflict involving Russia’s invasion of Ukraine, we want to remind you to take steps to protect municipal assets from a cyber-attack. Once malware is deployed, it has the potential to infect systems across the globe. Further, U.S. infrastructure may be directly attacked in retaliation for sanctions or other steps taken by the U.S. government.
We encourage you to review the following:
The Cybersecurity & Infrastructure Security Agency (CISA) offers resources, FAQ’s, no-cost services and guidance on to avoid a cyber-attack on their website and recently issued the “Russian State-Sponsored Cyber Actors Gain Network Access by Exploiting Multifactor Authentication Protocols and ‘PrintNightmare’ Vulnerability”. The National Institute of Standards and Technology (NIST) in the U.S. Department of Commerce has a cybersecurity framework. The New Jersey MEL has a cyber risk control resources/bulletins and video.
In addition, please monitor the New Jersey Cybersecurity and Communications Integration Cell Alerts & Advisories for new risks, intrusions, and available solutions.
We encourage you to review this information with your municipal administrator and IT Director.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110. |
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II. Federal Issues
a. U.S. Department of Agriculture – Conservation Innovation Grants New Jersey Program
Last week, the U.S. Department of Agriculture (USDA) Conservation Innovation Grants (CIG) New Jersey State Program released the Natural Resources Conservation Service (NRCS) Funding Opportunity. Municipalities are eligible recipients under this funding opportunity.
The availability of CIG funding is designed to stimulate the development and adoption of innovative conservation approaches and technologies. A total of up to $275,000 is available for the New Jersey (State) CIG competition in FY 2022. There are three main priorities for NJ NRCS this year - Urban Agriculture, Climate Smart Agriculture, and Forestry/Wildlife.
Projects may be between one and three years in duration. The maximum award amount for a single award is $275,000. The deadline to apply is May 23, 2022.
A webinar for CIG applicants is scheduled for March 31, 2022 at 1:00 p.m. Information on how to participate in the webinar will be posted to the NJ CIG website.
Previous recipients have included universities, conservation districts, farms, and soil districts for a wide range of projects including urban farming, habitat restoration, crop experimentation, and expanding pollinator species habitat.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
b. U.S. Treasury ARPA Compliance Webinar for NEUs
As the critical April 30 deadline for American Rescue Plan (ARPA) State and Local Fiscal Recovery Funds (SLFRF) Project and Expenditure report is approaching, the U.S. Treasury Department is hosting a webinar for Non-Entitlement Units (NEUs) this Monday, March 21 at 3 pm ET. NEUs, generally speaking municipalities under 50,000 in population, should have received an email from Treasury.
If Treasury reaches RSVP capacity and you cannot attend the webinar, Treasury will post a recording of the webinar on Treasury's website following the live presentation.
The topics will cover reporting and compliance as well as a dive into some policy issues including an explanation of how to serve impacted and disproportionately impacted populations.
To assist recipients with logging into Treasury's Portal, a NEU User Guide was created to assist NEUs confirm their reporting roles, and provide the required documentation to Treasury.
Lastly, U.S. Treasury has produced a video on how initiate the initial steps in the portal, including designating users.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
c. Lunch and Learn Briefing with White House Intergovernmental Affairs Office
On Wednesday, March 30 at 12:00 p.m., the League is hosting a free Lunch and Learn briefing with Gabe Amos, Deputy Director of the White House Office of Intergovernmental Affairs. The White House team will outline the Biden Administration’s priorities, including the recently enacted Bipartisan Infrastructure Law and the American Rescue Plan and how they impact New Jersey.
Please register in advance to participate. Once registered a link to the briefing will be sent to you the morning of March 30.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110. |
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III. COVID-19 Update
This week Governor Murphy and Department of Health Commissioner Persichilli issued a statement regarding the recent rise of COVID numbers globally. In the statement they noted that they do anticipate that New Jersey will see an increase in the number of cases but they are closely monitor the activity and impact on New Jersey’s healthcare systems. At this time they do not anticipate reinstating universal statewide mandated protective measures.
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.
Contacts: |
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IV. Also of Interest
a. 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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