I. State Issues
a. Action Needed to Advance Energy Tax Receipts Tax Relief Fund Restoration
A-3804/S-330, 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, is the first major step in addressing property tax affordability. The legislation is awaiting consideration by the Assembly State and Local Government Committee.
Last week the League of Municipalities and the New Jersey Conference of Mayors sent a joint letter to Assemblyman Verrelli, Chair of the Assembly State and Local Government Committee, respectfully requesting the legislation be posted for a hearing in a timely manner.
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.
b. Update on Legislation Undermining Local Planning and Zoning
On Thursday, the Assembly Housing Committee favorably made amendments to A-1294. As a reminder, this legislation would authorize the conversion of certain office parks and retail centers to mixed-use developments regardless of municipal zoning regulations. Under the legislation a mixed-use development, that is those containing both non-residential and residential components, would be a permitted use, not requiring a variance, when the application seeks to convert an office park or retail center. While the amendments further define where the redevelopment may take place, it still bypasses the municipal planning and zoning process.
A-1294 has been recommitted to Assembly Housing Committee. The companion bill, S-2103, has been reported out of committee and awaits consideration by the full Senate. We are asking our members to review the legislation and consider adopting a resolution drafted by the League opposing this measure. We also encourage you to reach out to your legislative representatives to voice your concerns over this attempt to undermine local planning.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
c. Committee Advances Statewide Police Licensing Program
Yesterday, the Assembly Law and Public Safety Committee advanced A-4194, which 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, by a vote of 6-1. The bill now awaits consideration by the Assembly Appropriations Committee.
Several stakeholders gave testimony on the bill. Acting Attorney General Matt Platkin highlighted that the Attorney General’s office worked with several states when crafting this legislation to create proper police reform. The New Jersey Fraternal Order of Police (NJFOP) also testified in favor of the bill but with an added concern that A-4194 excludes some law enforcement officers such as NJ Transit and NJ college law enforcement. The New Jersey American Civil Liberties Union (ACLU-NJ) also expressed their support but is seeking multiple amendments that would forbid police officers whose licenses were revoked from relocating to another police force in either New Jersey or another state as well as clarification on the definition of decertification. The NJ State PBA also expressed their support for the legislation.
Contacts:
Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
d. Committee Takes Testimony on Liquor License Reforms
Yesterday the Assembly Oversight, Reform and Federal Relations Committee took testimony from stakeholders regarding the current status of licensed alcoholic beverage industry and ways to improve the industry along with its impact on the competition with neighboring states and within the hospitality and tourism economies.
The League testified before the committee highlighting the impact that the liquor license laws have had on economic development in municipalities and the need to reform the law to encourage downtown economic revitalization. In our testimony we noted that liquor license reform would include the following elements: new full consumption or distribution liquor licenses issued in municipalities must be limited to businesses located in designated business districts; issuance of such licenses must be subject to local control; and municipalities must be free to exercise the discretion initially conferred upon them by the Legislature in 1933.
In addition to the League, Nutley Commissioner Thomas Evans testified for the need to make changes to the limitations on club licenses. Testimony was also given by the Brewers Guild, NAIOP New Jersey - the Commercial Real Estate Development Association, Traveling Vineyards, New Jersey Builders Association, and New Jersey Licensed Beverage Association.
For more information, please visit our blog post highlighting the first hearing.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
e. NJDEP to Issue Emergency Flood Hazard and Stormwater Rulemaking
The New Jersey Department of Environmental Protection (NJDEP) announced to stakeholders last week that it anticipates issuing emergency rulemaking, making changes to the Flood Hazard Area Control Act (FHCA) Rule and the Stormwater Management Rule.
There has been no formal announcement, and the draft proposal or other details of the emergency rule have not been made publicly available. But reports indicate that the rules will be premised on the presumed threats of higher energy storms, increased levels of precipitation and flooding, and higher temperatures attributable to climate change. The NJDEP has indicated that the emergency rules will include the following changes:
- Raise fluvial design flood elevations by two feet above current standards.
- Require use of future projected precipitation when calculating design flood elevation.
- Provide that permits and authorizations issued under the FHCA Rules meet minimum National Flood Insurance Program standards and relevant sections of the Uniform Construction Code, along with rigorous enforcement.
- Require stormwater Best Management Practices (BMPs) to be designed to manage runoff from both today’s storms and future storms.
Require stormwater Best Management Practices (BMPs) to be designed to manage runoff from both today’s storms and future storms.
The emergency rule would not apply to existing developments and those that already have a FHCA permit or complete permit application when the rules go into effect. Regardless, these new rules will have a major impact on development and properties in or near fluvial floodplains in the state.
While the actual date for filing is unknown at this time, it is anticipated that the NJDEP will publish these rules on June 10. Emergency rulemaking becomes effective immediately upon filing. Once filed the rules will remain valid for 60 days. It is also anticipated that the NJDEP will file a concurrent proposal to enable the emergency rules remain in effect after the 60-day period. Once published there will be a public comment period.
Please anticipate additional information on this as more details become available.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
f. NJDEP Releases Proposed Environmental Justice Rules
This week, the NJ Department of Environmental Protection (DEP) released a 153-page rule proposal implementing the provision of New Jersey’s Environmental Justice Law. Signed in 2020, the Environmental Justice Law established requirements for applicants seeking permits for certain pollution-generating facilities located, or proposed to be located, in overburdened communities.
The rules will be officially published in the Register on June 6 and will have a 90-day public comment period. The League is currently reviewing the proposal and will have more information on the rules, and their potential municipal impact, in the near future.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
g. Amendments Adopted to A-2138
On Thursday, the Assembly Consumer Affairs Committee favorably supported amendments to A-2138 by a vote of 5-0, which establishes the New Jersey State Board of Home Improvement and Home Elevation Contractors, a professional board to regulate home improvement and home elevation contractors, and requires licensure for each type of contractor. The legislation was not reported out of committee, so the sponsors can consider further amendments over the summer and finalize it when the committee meets in the fall.
As introduced, the League has previously opposed this legislation. We thank the sponsor, Assemblyman Moriarty, who listened to our concerns and amended the legislation to include a construction code official as a member of the New Jersey State Board of Home Improvement and Home Elevation Contractors to provide expertise and a local government voice to the board.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
h. Tracking Device Bill Released from Committee
On Thursday, the Assembly Law and Public Safety Committee favorably reported the Committee Substitute to A-1549 by a vote of 6-1, which makes it a crime of the fourth degree for a private citizen to use a tracking device to track another person without that person’s consent. As introduced, the League has previously opposed this legislation. We thank the sponsor, Assemblyman Moriarty, who listened to our concerns and amended the legislation to exempt municipal governments from this bill. The bill now awaits consideration by the full Assembly.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
i. 9-1-1 System and Emergency Response Trust Funds Bill Passes Committee
On Thursday, June 2 the Assembly Law and Public Safety Committee heard A-587, which prioritizes distribution of 9-1-1 emergency system response trust funds to municipalities for the provision and maintenance of 9-1-1 emergency services. Currently, the funds from the 9-1-1 System and Emergency Response Trust Fund are allocated for a variety of 9-1-1 network costs and expenditures. This does not include any costs incurred by local governments for the preservation and maintenance of 9-1-1 emergency systems.
The bill was unanimously approved and passed out of committee. The League fully supports A-587 because it corrects the allocations of funds to be used for its intended propose of maintaining New Jersey Emergency Response Services and thanks the sponsors, Assembly members Spearman, McKnight, and Reynolds-Jackson, for supporting the need of New Jersey’s municipalities.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
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