I. State Issues
a. OLS Revenue Update and Budget Update
On Monday May 16, the Office of Legislative Services (OLS) and the New Jersey State Department of Treasury provided testimony to the Senate Budget and Appropriations Committee on updated revenue projections for the FY 2023 State Budget. There is an estimated multi-billion-dollar surge in revenue with a $3.6 billion increases over the previous year’s projections. If the OLS projections are correct, there will be an estimated $6.9 billion in increased tax revenue more than estimated by the Murphy Administration. New Jersey Treasury’s projections are $7.8 billion higher than initial forecasts with a projected revenue for FY 2023 of $51.4 billion. For further information,
please visit our blog post. Budget Departmental Hearings Last week State Departmental budget hearings continued. Department of Human Services/Medicaid, Department of Children and Families, Department of Banking and Insurance, and Department of Corrections/State Parole Board testified before the Senate Budget and Appropriations Committee. The Department of Corrections/State Parole Board also testified before the Assembly Budget Committee. For further information, please
visit our blog post.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
b. Energy Tax Receipts Tax Relief Fund Restoration Update
Assemblymen Benson and Moriarty and Assemblywoman Jaffer have introduced A-3804, which would restore distributions to municipalities from the Energy Tax Receipts Property Tax Municipal Distribution Program (ETR) over two years and require additional funding to be subtracted from the municipal property tax levy. This legislation is the companion to S-330 and awaits consideration by the Assembly State and Local Government Committee.
The League has long advocated the restoration of this funding. With news that the State’s fiscal picture is remarkably strong and expected revenue far exceeds projections, now is the time to restore Energy Tax Receipts. We suggest you to reach out to your Assembly representatives urging them to support A-3804. And if you have not done so already, please consider adopting the sample resolution calling for the swift passage and signing of S-330. Also, please 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:
Mike Cerra, Executive Director, mcerra@njlm.org, 609-695-3481, x120.
Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
c. Assembly Committee Releases Bill Extending Preserved Wineries Pilot Program
The Assembly Agriculture and Food Security Committee on Thursday released A-4037, which would extend authorization of special occasion events at wineries on preserved farmland. The League opposed this legislation because this would be the second extension of the pilot program allowing special occasion events at wineries on preserved farmland.
A March 2020 report on the program from the State Agriculture Development Committee (SADC) provided recommendations for permanent legislation. Both the Senate and Assembly took action earlier this year on legislation attempting to implement the SADC recommendation, but ultimately could not come to an agreement on legislation. The League opposes the extension of a pilot program and is urging the legislature to reach an agreement on legislation that adopts the recommendation of the SADC report, and protects the nearly $2 billion of public funds used to preserve farmland.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
d. Statewide Police Licensing Program
On May 18, Governor Murphy and Acting Attorney General Matthew Platkin announced proposed legislation to create a statewide policing licensing program. The program would require all law enforcement officers to hold valid, active licenses issued by the Police Training Commission (PTC) in order to be employed as a police officer in New Jersey.
The legislation would require the PTC to establish a licensure process and qualification standards for officers and applicants including: passing a psychological examination; maintaining post-academy, ongoing, professional training requirements set by the PTC. It would also forbid engaging in conduct including social media posts or being an active member of a group that advocates for the violent overthrow of the government or for discrimination based on classes protected by the Law Against Discrimination. The licenses would be subject to renewal three years after issuance. The PTC would be authorized after a hearing to suspend, revoke, place conditions upon, or deny licenses.
In addition, employing law enforcement agencies would be required to inform the PTC of any separation from employment of a licensed officer. Prior to a hearing, an employer would be required to request from the PTC the reasons why an applicant was separated from any prior law enforcement employment.
At this time the proposed legislation is unavailable. We will continue to monitor and report accordingly.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
e. Governor Issues State of Emergency Regarding Baby Formula Shortage
On Tuesday, due to the ongoing baby formula national shortage, Governor Phil Murphy signed Executive Order 296 declaring a State of Emergency in order to activate State price gouging laws. The EO, which is consistent with President Joe Biden's Presidential Determination 2022-13, coordinates relief efforts and enables State agencies are to take any emergency measures necessary to protect families from issues arising from the baby formula shortage. The State created a one-stop resource page.
We encourage you to review this information with your Municipal Attorney and Municipal Manager.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
f. Firefighter Grant Program
On Monday, May 16, Governor Murphy announced the American Rescue Plan Firefighter Grant program to assist local and regional fire departments. Using $10 million from the American Rescue Plan State Fiscal Recovery Funds, the Division of Local Government Services will administer grants up to $75,000. The grants, which will prioritize volunteer fire departments and departments in communities hardest hit by the pandemic, provide proper protective, cleaning, and sanitization equipment. We will advise once the grant application becomes available.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
g. DLGS Reminds Municipalities of Remote Meeting Rules
The Division of Local Government Service (DLGS) sent a notice this week reminding municipalities that the regulations for remote public meetings held by local public bodies during a declared emergency, remain in effect. N.J.A.C 5:39-1 et seq, adopted as emergency regulations and concurrently proposed for permanent adoption in September, 2020, set standards and requirements for remote public meetings held during a declared emergency.
Public bodies holding remote meetings should review the regulations and Local Finance Notice 2020-21 for additional information, to ensure compliance. You should review these regulations with legal counsel for additional information and guidance.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
h. Senate Judiciary Holds Hearing on Delay of Recreational Cannabis Rollout
Last week, the Senate Judiciary Committee held a public hearing to take testimony from invited guests, including Jeff Brown, Executive Director of the Cannabis Regulatory Commission (CRC), on issues concerning the implementation of recreational cannabis in New Jersey. As a reminder, New Jersey voters approved adult-use cannabis in 2020 and the implementing legislation was enacted in February 2021.
Members of the Committee questioned Executive Director Brown on the CRC’s delay in approving cannabis operator licenses for both personal-use and medicinal entities. Since enactment, the Cannabis Regulatory Commission has adopted regulations and has begun accepting and reviewing license application for cannabis operators. As of May 21 CRC has approved 13 Alternative Treatment Centers to begin selling to the recreational market as well.
The CRC’s next public meeting is May 24 at 1 p.m., where they are expected to consider a number of personal-use applications for conditional licenses as well as consider certificates for expanded alternative treatment centers.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.