September 30, 2022

2022 Annual League Conference

Online registration for the 107th Annual League Conference is open and today, September 30 is the last day to register for Early Bird registration discounts.

28^th Annual Mayors’ Hall of Fame

We need your help to identify some very special mayors for the Mayors’ Hall of Fame.

Once again, the New Jersey State League of Municipalities Executive Board wants to pay tribute to you at the Annual League Conference in November, if you are currently a mayor who has served a total of 10 years or more as mayor. Mayors who rotate into office are eligible for this recognition.

In a special ceremony at the Mayors’ Lunch Briefing during the Annual Conference, I will make a special presentation to those mayors who meet the following criteria:

You must currently be serving as mayor.
You must currently be serving in at least your 10^th cumulative year as mayor for the silver level.
You must currently be serving in at least your 20^th cumulative year as mayor for the gold level.
You must currently be serving in at least your 30^th cumulative year as mayor for the platinum level.
You must not be a current member of the League’s Mayors’ Hall of Fame (this does not apply to silver level mayors now eligible for the gold level; or gold who are eligible for platinum).

These recipients will then be inducted into the New Jersey League of Municipalities Mayors’ Hall of Fame and a group picture will appear in the January 2023 issue of New Jersey Municipalities magazine.

With your help we can identify and recognize all mayors currently serving in their tenth, twentieth, or thirtieth year as mayor. A list of current members of the Mayors’ Hall of Fame may be reviewed at the League website on the “Award Programs” page.

Please submit the online submission form by October 10. For further details, please email Mike Cerra at mcerra@njlm.org.

Thank you very much for your help in identifying yourself and your fellow mayors for special recognition.

State Issues

NJDEP Delivers MS4 Permit Presentation to Pinelands Municipal Council Meeting

During the Pinelands Municipal Council’s meeting on September 27, the New Jersey Department of Environmental Protection (NJDEP) delivered a presentation on its municipal stormwater regulation program focusing on the upcoming MS4 permit renewal.
The presentation along with a recording of the meeting is available online for review.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

Assembly Judiciary Favorably Reports Legislation Implementing State Comptroller’s Sick Leave Recommendations

On Thursday, the Assembly Judiciary Committee considered A-4644. The bill implements recommendations of the Office of State Comptroller report on municipal sick leave, vacation leave, and supplemental payment policies. The legislation also establishes certain financial penalties for non-compliance by municipalities.

The bill would require the Division of Local Government Services to undertake a comprehensive review of the persons excluded from the definitions of “officer or employee” under the 2007 reforms; prohibit municipalities from entering into contractual provisions regarding the accumulation of sick leave and the accumulation of unused vacation leave, and the payment of supplemental compensation for accumulated sick leave and accumulated unused vacation leave, unless the contractual provisions are consistent with the 2007 and 2010 reform. It also requires municipalities to publish on their website supplemental payment policies and requires the governing body to adopt any supplemental payment by resolution, after a public hearing. A municipality that violates the provision of this law may receive a reduction in state aid in the amount of the supplemental pay. If the state aid is insufficient to cover the amount, the municipality would be prohibited from raising the revenue through the property tax levy.

In addition to the needlessly punitive nature of the penalty for non-compliance, the League has serious concerns with both the Acting Comptroller’s report and A-4644. Both seem to ignore the fact that, where remaining, these benefits apply to employees who were hired prior to the enactment of the 2007 and 2010 reforms, and these benefits were collectively bargained and must be honored. Only Tier I employees, hired prior to 2007 may receive these benefits. All Tier II employees are already restricted.

Municipalities are contractually obligated to pay these benefits and will no longer do so when these Tier 1 employees are all retired. Effectively, the payments made today are “legacy payments” or payments made to employees hired over 20 years ago under terms and conditions of employment that do not exist for employees hired today.

Despite the objections of the League and labor unions representing public workers, the measure was favorably reported out of the Assembly Judiciary Committee with amendments with 3 votes in favor and 2 abstentions. The bill has been second referenced to the Assembly State and Local Government Committee.

The League has reached out to the sponsors and shared our concerns and will continue to advocate against this measure.

Contacts:

Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.

State Health Benefits Plan Update: (SHBP) Plan Design Committee Meets

After the State Health Benefits Commission advancing a more than 20% health insurance increase to local government employees earlier this month, the Plan Design Committee (PDC) met for its regularly scheduled meeting on Wednesday.

No action was taken at the meeting, and a staff report was given that included the following information:

The 2023 rate renewal update will go live later this week on the division website.
Open enrollment is from Oct -Oct 31.
The Problem Solver and Horizon calculator tools should be available next week.
The Reference Based Pricing (RBP) subgroup met last week. It was productive with a strong possibility of savings. Nothing more specific to report.
The Rx subgroup is going to schedule a meeting. It has not met since February.

One of the members asked for cost forecast savings on urgent care and specialist reforms that were adopted last month for the State Employee plan, but information was not available. The specialist co-pay increase will save .06% and the urgent care co-pay increase will save .01% for a less than 1% total savings.

The PDC is scheduled to meet again in October. In the meantime, we suggest you continue to reach out to Governor’s Office and your state legislators about providing relief to this steep hike that places a burden on property taxpayers and employees alike.

Contacts:

Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.

Assembly Judiciary Advances Legislation Requiring Emergency Operations Plan

On Thursday, the Assembly Judiciary Committee favorably reported A-1061/S-721, which requires sports and entertainment facilities capable of seating more than 5,000 people, movie theaters capable of seating more than 1,000 people, and places of worship capable of seating more than 500 people to annually prepare and maintain an emergency operations plan in coordination with the appropriate local fire, law enforcement, and emergency response agencies. The emergency operations plan is required to include a copy of the building plans or building layout that identifies internal and external access routes. The chief law enforcement officer is required to utilize the emergency operations plans to prepare and train for mass casualty and active shooter incidents at these venues.

The bill is on the October 3, Assembly board list for consideration. The Senate Law and Public Safety Committee and the full Senate advanced the companion legislation earlier this year.

Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.

Senate Approves Recommendations in Governor’s Conditional Veto of S-757

Thursday, the Senate voted to approve the Governor’s recommendations from his conditional veto of S-757. The legislation sought to expand authorization of special occasion events at commercial farms and wineries on preserved farmland. The League opposed S-757 as passed by the legislature because it provided inadequate limitations on special occasion events, allowing preserved farmland to be used for non-agricultural purposes, undermining the intent of the state’s successful farmland preservation program.

The Governor’s recommendations in his conditional veto help to address some of the League’s concerns, including limiting the number and scope of special occasion events and the area on preserved farmland where the events can be held. The recommendations also provide clarity for municipal review of event applications.

The measure now heads to the Assembly for its review. If accepted by the Assembly, the bill returns to the Governor for signature.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

Federal Issues

Federal Budget Update

On Thursday, the U.S. Senate passed a continuing resolution to ensure the government remained funded through December 16. The House is expected to clear the measure on Friday before midnight and send it to President Joe Biden for his signature to avoid a federal government shutdown.

While funding remains consistent, new funding includes $12 billion for the war in Ukraine, $1 billion in heating assistance for low-income families, $20 million for the water crisis in Mississippi, disaster aid, and more than $112 million for federal court security.

Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.

NJDEP Hosts Drinking Water and Clean Water State Revolving Fund Webinar

On October 6, from 10 a.m. to 12 p.m. NJDEP will host a webinar that focuses on the types of technical assistance NJDEP will be offering in conjunction with technical assistance providers.

The Bipartisan Infrastructure Law (BIL) allocates an estimated $501 million to the New Jersey Department of Environmental Protection (NJDEP) over the next 5 years to make investments in critical water infrastructure upgrades. A portion of that funding will be set aside to provide technical assistance to water systems in NJ.

The objectives are to assist water systems in disadvantaged communities by assessing their needs and identifying eligible projects for Drinking Water and Clean Water SRF funding. NJDEP will be providing engineering services for planning and design of identified projects and performing outreach to encourage program participation.

NJDEP will have multiple contracts for assistance with lead service line replacements, general engineering assistance, community engagement, small system assistance, preliminary technical assistance (needs and fiscal assessments and public outreach), and Water Bank program navigation technical assistance.

Water systems are invited to attend to learn more about the assistance we have available and learn how to apply.

Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.

Also of Interest

Applications for the Innovation in Governance Program Sought

The New Jersey Department of Community Affairs and the New Jersey State League of Municipalities will again acknowledge and promote Innovation in Governance through our annual recognition program. This is a great opportunity to showcase innovative solutions to any problems that have cropped up either suddenly or over time in your municipality. It can also be an opportunity to let your peers in on innovations that prevented problems from even arising. This year the Innovation in Governance Awards Committee is looking for any new and distinctive approaches in any department of municipal government.

The deadline is Friday, October 7, 2022.

Visit our awards page to see previous years’ ideas created by winning municipalities as well as the full invitation and application to this year’s program.

Contact: Ciara Bradley, Legislative Administrator, cbradley@njlm.org, 609-695-3481, x128.

2022 Spotted Lanternfly Chemical Control Treatment Grant Program Now Available

The Department of Agriculture has released information on their 2022 Spotted Lanternfly Chemical Control Treatment Grant Program which is available for counties to aid municipalities in the spotted lanternfly quarantine zone. The program will reimburse municipalities up to $15,000 for costs accrued for chemical treatment activities associated with spotted lanternfly removal.

The municipal assistance that is available from the grant includes, but is not limited to, the following:

Approved use pesticides
Monetary reimbursements for county approved pesticide purchases
Monetary reimbursements for pesticide applications made by county certified employees who are certified pesticide applicators.
Monetary reimbursements for pesticide applications made by contracted independent certified pesticide applicators.
Monetary reimbursements available up to but not exceeding $15,000 per County.
Training to the participating county agency.

For more information, please see the announcement from the Department of Agriculture. We suggest you review the grant program and reach out to your county officials to discuss the opportunity.

Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.

Lunch & Learn: Municipal Climate Resilience Planning: The Importance of the Recently Mandated Climate Change-Related Hazard Vulnerability Assessments

In 2021, Governor Murphy signed a law amending the Municipal Land Use Law to require municipalities to incorporate a climate change-related hazard vulnerability assessment (CCRHVA) into any Master Plan Land Use Element adopted after the signing. On Tuesday, October 18 at 12 noon join NJDEP Commissioner Shawn LaTourette, Chief Resilience Officer Nick Angarone, and Climate Resilience Planning Experts for a lunchtime webinar exploring what this change means for municipal officials, what tools and resources exist to help municipalities meet this requirement, and how the CCRHVA can fit into a broader climate resilience planning effort.

Please register for the October 18 Lunch and Learn session.