I. State Issues
a. Governor Vetoes Bag Fee Bill
On Monday, Governor Murphy vetoed A-3267/S-2600. This bill would have placed a $0.05 fee on single-use carryout bags provided by certain types of stores to customers. The League opposed the bill, which, if signed as is, would have preempted local legislation on this matter.
In his veto message to the Legislature, the Governor commended Legislators for their attention to environmental problems caused by single-use bags. He noted that those problems could have serious economic consequences, due to the impact on tourism and public water and sewer infrastructure.
The Governor noted:
As a society, we must break our dependence on single-use bags when going about our daily routines and instead commit ourselves to sustainable alternatives. Our responsibilities as stewards of the environment and our natural resources demand nothing less. I am committed to taking bold but necessary steps in order to protect our environment and firmly believe that we must look forward and implement programs designed for the future.
His message to the Legislature stated:
Instituting a five-cent fee on single-use bags that only applies to certain retailers does not go far enough to address the problems created by overreliance on plastic bags and other single-use carryout bags. In order to make a real difference, a single-use bag program must be devised and applied more broadly and consistently in a manner that would avoid loopholes that undermine the ultimate purpose of the program.
The veto message concludes with the Governor’s promise ‘… to work collaboratively with my legislative colleagues to craft more concrete solutions to this issue.’
We intend to see to it that the concerns of municipal officials will continue to be heard on this issue. And we will keep you posted.
Contact: Jon Moran, Senior Legislative Analyst, jmoran@njslom.org, 609-695-3481 x121.
b. Attorney General Issue Marijuana Prosecution Guidance
On Wednesday, NJ Attorney General Gurbir Grewal issued a Memorandum of Guidance regarding
“Municipal Prosecutors’ Discretion in Prosecuting Marijuana and Other Criminal Offenses.” The Memorandum prohibits municipal prosecutors from adopting a policy that would have the categorical effect of marijuana decriminalization. However, the AG noted that municipal prosecutors have authority to recommend amending or dismissing a complaint and emphasized that prosecutors should exercise this discretion for marijuana offenses when the interest of justice requires it.
For more information, please see the League’s daily update from
August 30, 2018.
Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481 x137.
c. New Law Permits Special Assessments and Bond Issuances to
Replace Lead Contaminated Water Service Lines
On August 24, Governor Murphy signed into law A-4120/S-2695, which authorizes municipalities to levy special assessments, and issue bonds, to replace certain lead-contaminated water service lines. However, all projects under this new law must be (a) undertaken as an environmental infrastructure project and (b) funded either by loans from the New Jersey Infrastructure Bank or New Jersey Department of Environmental Protection. For more on P.L. 2018, c. 114, which took effect on August 24, 2018 please see our recent blog post.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njslom.org, 609-695-3481 x112.
d. Attorney Fees for Workers’ Compensation Awards
Governor Murphy signed into law S-2145, which concerns attorney fees for workers’ compensation awards. Specifically, P.L. 2018, c. 105 requires that if a workers’ compensation petitioner has received compensation from an insurance company prior to any judgment or award, the reasonable allowance for attorney fees will be based upon the amount of compensation received by the petitioner prior to any judgment, but after the establishment of an attorney-client relationship, by written agreement, and the amount of the judgment or award in excess of the amount of compensation already received by the petitioner. This new law took effect on August 24, 2018.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njslom.org, 609-695-3481 x112.
e. Governor Conditionally Vetoes Three Temporary Disability/Family
Leave Bills
On August 27, Governor Murphy conditionally vetoed
A-2762,
A-4118, and
S-844 all of which address various aspects of the temporary disability and family leave insurance systems. For more please see our recent
blog post.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njslom.org, 609-695-3481 x112.
f. Department of Agriculture Requests Municipal Assistance to Inform
Residents of Invasive Pest
As we reported in January and May the Spotted Lanternfly, Lycorma delicatula poses a threat to forests, ornamental trees, orchards, vegetables, grapes, hops and other agricultural commodities. Since its initial discovery in Pennsylvania it has spread to infest portions of 13 counties of that state, recently it has been discovered in New Jersey in Warren, Hunterdon and Mercer Counties. The New Jersey Department of Agriculture has recently enacted a state quarantine in these counties to restrict the movement of this insect to un-infested areas of the state.
The Department is asking affected municipalities in the Quarantined Counties to put on their websites Spotted Lanternfly information, including a checklist for residents living in quarantine areas. This will help inform their residents and workers about this insect and what they can do to prevent accidental movement of this insect. Sightings of this insect can be made to SLF-plantindustry@ag.nj.gov or by calling the New Jersey Spotted Lanternfly Hotline at 1-833-223-2840 (BADBUG0) and leave a message detailing sighting and contact information.
For additional information or questions please contact Joe Zoltowski, Director, Division of Plant Industry, NJDA, at Joseph.Zoltowski@ag.nj.gov or 609-406-6940.
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