I. State Issues
a. Action Need 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 and with less than three weeks left before summer break, now is the time to act.
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. If you have not done so already, we strongly suggest you reach out to your Assembly representatives urging them to support A-3804 and consider adopting the sample resolution calling for the swift passage and signing of S-330.
If you want to see the impact the reduced funding has had in your municipality, 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:
b. Local Finance Board Announces Fines for Delinquent Financial Disclosure Statements
At the Local Finance Board Meeting this past Wednesday, June 8, Division of Local Government Services (DLGS) Director Jacquelyn Suarez announced that the Division was beginning to issue fines to the 2,171 delinquent Annual Financial Disclosure Statement filers.
The Local Government Ethics Law (LGEL) requires local government officers to annually file a financial disclosure statement by April 30 of each year. The Division issued Local Finance Notice 2022-05 and Local Finance Notice 2022-06 outlining the required process. The League has also included repeated reminders in the Weekly Round-Up.
If you have not yet filed, please visit www.fds.nj.gov to access your annual financial disclosure statements.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
c. Acting Governor Scutari Signs Pedicab Alcoholic Beverage Consumption Legislation
The weekend of June 4 while Governor Murphy and Lieutenant Governor Oliver were out of the state on personal business, acting Governor Scutari signed P.L 2022, c.16 allowing for the consumption of alcoholic beverages in pedicabs under the following circumstances:
The pedicab has been authorized to operate by ordinance of its municipality.
The operator of the pedicab is over the age of 21 and possess a drivers license.
The vehicle must be equipped with seatbelts, brakes, reflectors, headlights, and grab rails.
The operator of the pedicab cannot drive on roadways exceeding speed limits 30 miles per hour.
Under this law, a pedicab is defined as a three-wheeled vehicle that is operated by manual pedals for hire that accommodates no more than 15 people. Alcoholic beverages allowed on a pedicab will be limited to single-serving, sealed containers of beer, wine, hard cider, malt beverages, fermented beverages, and prepared mixed beverages. Each passenger will be required to be at least 21 years of age.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
d. DLGS Firefighter Grant Application Open
The Division of Local Government Services (DLGS) and the Division of Fire Safety announced that the American Rescue Plan Firefighter Grant program application period is now open. The competitive grant will provide a maximum $75,000 award to assist in covering costs associated with the purchase of protective clothing (e.g., turnout clothing, helmets, pants, gloves, footwear, etc.), cleaning and advanced cleaning equipment, oxygen equipment, PPE, and other fire/virus protection equipment determined appropriate by the DLGS.
The Governor has appropriated $10 million from the American Rescue Plan State Fiscal Recovery funds to support this program. The grant is open to all local and regional fire departments, volunteer and paid. Applications are due by 5:00 p.m. on August 13, 2022, and must be submitted through NJDCA-SAGE portal.
For more information please review the program grant guidelines. Applicants may contact Laurie Ann Doyle at 609-292-4132 to discuss program and project needs up to submission of the application. Questions may also be submitted via email to arpffg@dca.nj.gov
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
e. NJDEP Delays Issuances of Issue Emergency Flood Hazard and Stormwater Rulemaking
Last week we reported that the New Jersey Department of Environmental Protection (NJDEP) announced to stakeholders that it anticipates issuing emergency rulemaking, making changes to the Flood Hazard Area Control Act (FHCA) Rule and the Stormwater Management Rule. We were advised earlier this week that NJDEP is delaying the emergency rules and will be holding stakeholder meetings at the end of June.
We will continue to advise you as more details become available.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
f. NJDEP Issues Compliance Advisory on MS4 Permits
On June 1 the New Jersey Department of Environmental Protection (NJDEP) issued a Compliance Advisory noting that MS4 Permit Compliance Submissions are past due. DEP’s Division of Water Enforcement is conducting compliance evaluation inspections on a routine basis. The Division will identify non-compliance and potentially take enforcement action. However, the NJDEP will contact the municipalities that have missed deadlines to provide an opportunity to address compliance with the requirements before taking any enforcement actions.
For compliance, inspection, or enforcement questions, please contact your case manager at 973-656-4099 for the Northern Regional Office, 609-292-3010 for the Central Regional Office, and 856-614-3655 for the Southern Regional Office.
Contact: Frank Marshall, Esq., Associate General Counsel,
fmarshall@njlm.org, 609-695-3481, x137.
g. BPU Announces Public Utilities Assistance Programs
On June 2, the New Jersey Board of Public Utilities (NJBPU) released a letter to remind municipalities of the various financial assistance programs for residents who are in danger of utility shut offs for non-payment. There are additional shut off protection assistance programs for residents who apply by June 14.
NJBPU has created a communications toolbox for residents to review. NJBPU, along with other State agency partners, will be increasing their outreach to residents through the following assistance programs:
We recommend sharing these resources with your residents who may be affected by utility shut offs.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
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