State Issues
State Health Benefits Update
The League continues to work pro-actively and collaboratively with our partners at the NJ Conference of Mayors and NJ Association of Counties to identify a workable plan and means toward a resolution by the Governor and the legislators, to offset the 22.8% increase in the State Health Benefits Plan (SHBP) costs in 2023. As you are aware, the Administration reached an agreement with most state unions limiting the health benefit rate increases for State employees to 3% with the State offsetting the remaining balance. Unfortunately, the agreement does not include counties and municipalities participating in the SHBP nor has the State changed the plan design to achieve any savings at the local level. Moreover, the Administration did not extend the open enrollment period despite pleas from local government officials and labor unions. Without any immediate relief from the Administration property taxpayers should expect to see even greater increases in their tax bills in the coming year.
It remains critically important to continue to directly reach out to your Intergovernmental Affairs (IGA) contact in the Governor’s office and to your Legislators to reiterate the need for an acceptable resolution of these newly imposed costs on municipal and county governments, our public employees, and taxpayers. If you have already reached out, please do it again — we need their attention and action.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
NJDEP Approves Final Tier A MS4 Permit
The New Jersey Department of Environmental Protection (NJDEP) has adopted the final Tier A Municipal separate storm sewer system (MS4) General Permit. The final permit contains the same additional conditions that were presented in the draft Tier A MS4 permit, however, in response to concerns raised by permittees, the NJDEP has extended some of the compliance deadlines.
While the extension of certain compliance deadlines is appreciated, there are still major concerns with additional conditions the NJDEP has placed on the Tier A MS4 permit. Chief among them are the additional costs municipalities will encounter to ensure compliance.
These concerns are heightened for Tier B municipalities that are now being redesignated as Tier A. The League maintains that a number of these additional requirements constitute an unfunded state mandate that, without appropriate offsetting state funding, are unenforceable.
The League is still reviewing the final Tier A MS4 permit and will have a more in-depth review prepared shortly.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
Senate Committee Advances Bill Providing for Third-Party Private Construction Inspections
On Thursday, the Assembly Committee Substitute for S-3014 (ACS S-3014) was advanced out of the Senate Community and Urban Affairs Committee. The legislation would expand the use of third-party private construction inspections, allowing municipalities more flexibility to hire private inspectors to perform inspections, but also allowing applicants the ability, under certain circumstances, to hire their own private inspectors, forgoing municipal inspectors.
The Assembly companion bill, ACS A-573, was reviewed and reported favorably out of the Assembly Community Development and Affairs on October 20. ACS A-573 has been second referenced to and is scheduled for consideration by the Committee Assembly Commerce and Economic Development Committee on Monday, December 5. The Senate and Assembly versions differ slightly but will likely come into conformity at Monday’s Assembly Committee meeting.
Prior to committee amendments, A-573 and S-3014 were identical to legislation from the last legislative session that passed in both chambers but was then conditionally vetoed by Governor Murphy. Last session’s bill sought to create a mechanism for an expedited construction inspection program that allowed project owners to directly hire private inspectors to perform construction inspections. The League opposed this measure then and similarly opposed A-573 and S-3014 as introduced.
Given the drastic committee amendments, the League’s position has changed. While no longer opposing the legislation, the League does not fully support the committee amendments and is seeking additional changes and clarifying language. The changes sought by the League are meant to ensure that municipal construction offices are provided the needed flexibility and tools to perform inspections in a timely manner, while also preserving the quality and integrity of inspections by maintaining them within the neutral auspices of the municipal government.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
Deadline for Food Security Planning Grant Application Extended
The New Jersey Economic Development Authority (NJEDA) has announced the extension of its $1.5 million Food Security Planning Grant deadline to December 20, 2022. The competitive grant, offers grants ranging from $75,000 to $125,000 to municipal and county governments and redevelopment agencies to develop plans to improve food access and food security by leveraging distressed assets in the 50 municipalities designated as New Jersey’s Food Desert Communities. We suggest you review the Food Security Planning Grant Program website for more information on the grant program.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
Governor Signs School Security Legislation
On Thursday, Governor Murphy signed into law S-2426, which requires public schools and nonpublic schools to submit critical incident mapping data for all schools and school grounds to local law enforcement. For municipalities with no municipal police department, this information must be provided to an entity designated by the Superintendent of State Police. The law defines “critical incident mapping data” as information provided to assist first responders in emergencies and includes, but is not limited to, aerial images of the schools; floor plans, including room and suite numbers; building access points; locations of hazardous materials and utility shut offs; and any other relevant location information. This new law took effect immediately but will first apply for the upcoming 2023-24 school year.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
Local Recreation Improvement Grant
The Division of Local Government Services has announced that Local Recreation Improvement Grant applications are due no later than 5 p.m. on January 20, 2023. The grant program was developed to fund improvements to recreational facilities; provide quality outdoor recreation space to underserved communities; and assist local units in achieving unmet recreational obligations. The grants will help cover costs associated with updating community centers, playgrounds, pools, fields, waling or bicycle trails, rail trails, multi-sport courts, and recreational facilities; one-time personnel costs directly related to improvements; project development professional services costs; equipment costs including playground and recreation facilities equipment; and environmental remediation costs required to prepare recreation sites for use.
For more information on the available $25 million in grant funds, please see the Local Recreation Improvement Grant guidelines and sample resolution. Questions on the grant program may be submitted to lrig@dca.nj.gov.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
Revised Model Procurement Forms
Recently, the Division of Local Government Services updated two model procurement forms – the Ownership Disclosure Form and the Federal Non-Debarment Certification. The Ownership Disclosure Form was updated after a recent court decision that the law permits a bidder to list the home, business, or mailing address (including P.O. Box) on an Ownership Disclosure Form. The Federal Non-Debarment Certification form was updated to reflect the switch from DUNS numbers to Unique Entity IDs and require the physical address of the vendor/contractor for verifying information in SAMS database. We suggest you compare and update your local procurement forms to the revised model forms to ensure they reflect the changes made.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
Governor Announces Investment of New Jersey Historic Sites
On Tuesday, Governor Murphy announced the investment of $25 million in American Rescue Plan funds to help with the restoration of Revolutionary War sites in preparation of the United States of America’s Semiquincentennial anniversary in 2026. The Semiquincentennial will mark the 250th anniversary of the signing of the Declaration of Independence and our nation’s independence. The following sites will receive the funding: Washington Crossing State Park, Trenton’s Old Barracks, Battle Monument in Trenton, Princeton Battlefield State Park, Monmouth Battlefield State Park, Proprietary House in Perth Amboy, The Indian King Tavern in Haddonfield, Wallace House in Somerville, Boxwood Hall in Elizabeth, and Rockingham in Kingston.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
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